1Short title#
This Act is the Telecommunications Legislation Amendment (Universal Outdoor Mobile Obligation) Act 2026.
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | 27 October 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 · Amendments
Part 1 · Universal outdoor mobile obligation
Competition and Consumer Act 2010#
1 At the end of paragraph 151BC(2)(c)
Add “or universal outdoor mobile obligation”.
Telecommunications Act 1997#
2 Section 7
Insert:
universal outdoor mobile obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
3 Subsection 360ZA(2)
Omit “performing a delegated function or”.
4 Subparagraph 27(5)(e)(i) of Schedule 3
After “universal service obligation”, insert “or universal outdoor mobile obligation”.
Telecommunications (Consumer Protection and Service Standards) Act 1999#
5 Section 4
After:
• The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements.
insert:
• A universal outdoor mobile regime is also established. The main object of the universal outdoor mobile regime is to ensure that mobile coverage is reasonably available outdoors to all people in Australia on an equitable basis.
6 Section 4
After:
(b) payphones; and
insert:
(ba) designated mobile telecommunications services; and
7 Subsection 5(2)
Insert:
available, in relation to a designated mobile telecommunications service, has the meaning given by subsection 12H(2).
designated mobile telecommunications service has the meaning given by section 8BB.
general Australian outdoor mobile coverage area has the meaning given by subsections 8D(2) and (3).
mobile coverage has the meaning given by subsection 12H(1).
(a)an end-user can use a carriage service while moving continuously between places; and
(b)the customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and
(c)the service is supplied to the public;
the service is a mobile telecommunications service.
outdoor mobile coverage area has the meaning given by subsections 8D(1) and (3).
outdoor mobile obligation has the meaning given by section 12G.
outdoors does not include:
(a)in a building, vehicle, aircraft or vessel; or
(b)underground or underwater.
primary universal outdoor mobile provider has the meaning given by section 12J.
universal outdoor mobile obligation has the meaning given by section 12F.
8 Section 8
After “a universal service regime” (first occurring), insert “and a universal outdoor mobile regime”.
9 Section 8
After:
• The universal service regime is to be phased out and replaced by alternative contractual arrangements.
insert:
• The main object of the universal outdoor mobile regime is to ensure that mobile coverage is reasonably available outdoors to all people in Australia on an equitable basis.
10 Section 8
After:
(b) payphones; and
insert:
(ba) designated mobile telecommunications services; and
11 After section 8BA
Insert:
8BBKinds of designated mobile telecommunications services#
(1)Each of the following is a kind of designated mobile telecommunications service:
(a)a mobile telecommunications service that enables an end-user to communicate, by means of voice calls, with other end-users;
(b)a mobile telecommunications service that:
(i)is a short message service; and
(ii)enables an end-user to communicate with other end-users;
(c)a kind of mobile telecommunications service determined under subsection (2).
(2)For the purposes of paragraph (1)(c), the Minister may, by legislative instrument, determine a kind of mobile telecommunications service.
(3)Before determining a kind of mobile telecommunications service under subsection (2), the Minister must:
(a)consult:
(i)the primary universal outdoor mobile providers (if any); and
(ii)if the Minister makes the determination on or before the day mentioned in subsection 12M(1)—the persons mentioned in paragraphs 12L(1)(a), (b) and (c); and
(b)have regard to the following matters, to the extent that they could affect the ability of primary universal outdoor mobile providers to provide mobile telecommunications services of that kind in fulfillment of the universal outdoor mobile obligation:
(i)technical matters relating to providing such services;
(ii)market considerations, including the availability of wholesale services; and
(c)have regard to the impact of the determination on consumers.
(4)Subparagraph (3)(a)(ii) of this section does not apply to a person mentioned in paragraph 12L(1)(a), (b) or (c) unless that person is a carrier or carriage service provider.
(5)Paragraph (3)(a) of this section does not limit section 17 of the Legislation Act 2003 (rule-makers should consult before making legislative instrument).
(6)Paragraphs (3)(b) and (c) of this section do not limit the matters to which the Minister may have regard for the purposes of subsection (2).
12 After section 8C
Insert:
8DOutdoor mobile coverage areas#
(1)Subject to subsection (3), an outdoor mobile coverage area is:
(a)a geographical area within Australia; or
(b)any area of land;
regardless of size.
(2)Subject to subsection (3), the general Australian outdoor mobile coverage area is the outdoor mobile coverage area consisting of Australia.
(3)An area determined under subsection (4) is not, and is not part of, an outdoor mobile coverage area or the general Australian outdoor mobile coverage area.
(4)For the purposes of subsection (3), the Minister may, by legislative instrument, determine an area.
Australian Radio Quiet Zone Western Australia
(5)The Minister is taken to determine under subsection (4) of this section, on the commencement of this section, the RQZ, within the meaning of the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023 as in force from time to time.
(6)Despite subsection (4), the determination that the Minister is taken to make is not a legislative instrument.
(7)The Minister may, by legislative instrument, revoke the determination that the Minister is taken to make.
13 Paragraphs 12A(2)(a) and (2C)(a)
Omit “and”, substitute “or”.
14 Subsections 12A(2D) and (2E)
Repeal the subsections.
15 Section 12B
Repeal the section.
16 After Division 2 of Part 2
Insert:
Division 2A · Universal outdoor mobile obligation
Subdivision A · What is the universal outdoor mobile obligation?
12FWhat is the universal outdoor mobile obligation?#
(1)For the purposes of this Act, the universal outdoor mobile obligation is the obligation to ensure that mobile coverage is reasonably available outdoors to all people in Australia on an equitable basis.
(2)The obligation mentioned in subsection (1) includes the obligation to supply each kind of designated mobile telecommunications service such that the service is reasonably available outdoors throughout Australia.
(3)An obligation does not arise under subsection (1) or (2):
(a)in relation to a location that is not in the general Australian outdoor mobile coverage area; or
(b)in the circumstances (if any) determined under paragraph (4)(a).
(4)The Minister may, by legislative instrument, determine:
(a)circumstances for the purposes of paragraph (3)(b); or
(b)matters to which regard must, or must not, be had in determining whether mobile coverage or a designated mobile telecommunications service is reasonably available outdoors for the purposes of this Act.
(5)A legislative instrument made under subsection (4) must be accompanied by a statement setting out:
(a)how the circumstances or matters referred to in that subsection were determined; and
(b)the expected impacts of the instrument on the reasonable availability of the universal outdoor mobile obligation.
12GWhat is an outdoor mobile obligation?#
(1)Unless the Minister makes a determination under subsection (2) of this section, the obligation referred to in subsection 12F(1) is the outdoor mobile obligation.
(2)The Minister may, by legislative instrument, determine the outdoor mobile obligations by dividing the universal outdoor mobile obligation into 2 or more outdoor mobile obligations.
Example: The Minister could divide the universal outdoor mobile obligation by reference to each kind of designated mobile telecommunications service.
(3)The determination must also specify, in respect of each outdoor mobile obligation, what must be supplied or done in order to fulfil the outdoor mobile obligation.
12HAvailability of designated mobile telecommunications services outdoors#
(1)Mobile coverage is available outdoors at a location to the extent to which each kind of designated mobile telecommunications service is available outdoors at that location.
(2)A designated mobile telecommunications service is available outdoors at a location if the service is supplied such that an end-user who is outdoors at that location can use the service.
Subdivision B · Primary universal outdoor mobile providers
12JDetermination of primary universal outdoor mobile providers#
(1)The Minister may determine in writing that a specified carrier or carriage service provider is a primary universal outdoor mobile provider in respect of a specified outdoor mobile obligation for a specified outdoor mobile coverage area.
Note: The Minister may determine more than one primary universal outdoor mobile provider in respect of a particular outdoor mobile obligation for a particular outdoor mobile coverage area.
(2)In exercising the Minister’s powers under this section in relation to an outdoor mobile obligation, the Minister must ensure that, at all times occurring on or after the day mentioned in subsection 12M(1), each point in the general Australian outdoor mobile coverage area is within an outdoor mobile coverage area for which there is at least one primary universal outdoor mobile provider in respect of that outdoor mobile obligation.
(3)In deciding whether to make a determination that a person is a primary universal outdoor mobile provider, the Minister is limited to considering factors that are relevant to achieving the objects of this Act.
(4)If the Minister determines under this section that a person is a primary universal outdoor mobile provider, the Minister must give a copy of the determination to:
(a)the person; and
(b)the ACMA.
(5)A determination under this section (including a determination varying or revoking a determination the Minister is taken to make under this section because of subsection 12L(1)) is a legislative instrument.
Note: A determination that the Minister is taken to make under this section because of subsection 12L(1) is not a legislative instrument (see subsection 12L(2)).
12KObligations of primary universal outdoor mobile providers#
(1)If there is only one primary universal outdoor mobile provider for an outdoor mobile coverage area in respect of an outdoor mobile obligation, that outdoor mobile obligation, so far as it relates to that area, is imposed on that primary universal outdoor mobile provider.
(2)If there are 2 or more primary universal outdoor mobile providers for an outdoor mobile coverage area in respect of an outdoor mobile obligation, that obligation, so far as it relates to that area:
(a)is imposed on each of those primary universal outdoor mobile providers individually; and
(b)to avoid doubt, must be complied with by each of those primary universal outdoor mobile providers irrespective of whether another of those universal outdoor mobile providers complies with the obligation.
(3)To avoid doubt, this section does not apply before there are any primary universal outdoor mobile providers.
12LDefault primary universal outdoor mobile providers#
(1)The Minister is taken to determine under section 12J, on the day mentioned in subsection 12M(1), that each of the following is a primary universal outdoor mobile provider, in respect of each outdoor mobile obligation, for the general Australian outdoor mobile coverage area:
(a)Telstra Limited;
(b)Optus Mobile Pty Limited;
(c)TPG Telecom Limited.
(2)Despite subsection 12J(5), the determination that the Minister is taken to make is not a legislative instrument.
(3)Subsection (1) of this section, and paragraphs 12M(5)(c) and (d), do not apply to a person mentioned in paragraph (1)(a), (b) or (c) of this section unless that person is a carrier or carriage service provider.
(4)Subject to subsection (5) of this section, this section does not limit the Minister’s powers under section 12J.
(5)A determination:
(a)made under section 12J; and
(b)in force immediately before the day mentioned in subsection 12M(1);
is repealed by force of this subsection on the day mentioned in subsection 12M(1).
12MDefault primary universal outdoor mobile providers—when is the determination taken to be made?#
(1)For the purposes of subsections 12L(1) and (5), and subject to subsection (2) of this section, the day is:
(a)unless a day is determined under subsection (4)—the default day; or
(b)an earlier day determined under subsection (4).
Meaning of default day
(2)For the purposes of this section, and subject to subsection (3), the default day is 1 December 2027.
(3)Before the day mentioned in subsection (1), the Minister may, by notifiable instrument, postpone the default day by 12 months. The Minister may postpone the default day under this subsection up to 3 times.
Ministerial determination of earlier day
(4)Before the default day, the Minister may, by notifiable instrument, determine a day for the purposes of paragraph (1)(b).
Requirements for postponing default day or determining earlier day
(5)Before:
(a)postponing the default day from one day (the earlier day) to a later day under subsection (3); or
(b)determining a day (the earlier day) under subsection (4);
the Minister must:
(c)consult the persons mentioned in paragraphs 12L(1)(a), (b) and (c); and
(d)have regard to the following matters, to the extent they could affect the ability of the persons mentioned in paragraphs 12L(1)(a), (b) and (c) to comply with each outdoor mobile obligation for the general Australian outdoor mobile coverage area on or after the earlier day:
(i)technical matters relating to providing designated mobile telecommunications services in fulfilment of the obligation;
(ii)market considerations, including the availability of wholesale services; and
(e)have regard to the impact of the postponement or determination on consumers.
(6)Paragraphs (5)(d) and (e) do not limit the matters to which the Minister may have regard for the purposes of subsection (3) or (4).
12NNotification obligations of primary universal outdoor mobile providers#
(1)This section applies if:
(a)a person is a primary universal outdoor mobile provider in respect of a specified outdoor mobile obligation for a specified outdoor mobile coverage area; and
(b)the person becomes aware that it is likely that the person will cease to be able to fulfil the outdoor mobile obligation for the outdoor mobile coverage area.
(2)The person must:
(a)give written notice of the matter to:
(i)the Minister; and
(ii)the ACMA; and
(b)do so:
(i)if it is reasonably practicable for the notice to be given at least 12 months before the time at which the person is likely to cease to be able to fulfil the outdoor mobile obligation—at least 12 months before that time; or
(ii)in any other case—as soon as reasonably practicable, but not later than 10 business days after the time (if any) the person ceases to be able to fulfil the outdoor mobile obligation.
(3)A notice under subsection (2) must be in the form approved in writing by the ACMA.
12PFormer universal outdoor mobile provider may be required to provide information to customers#
Scope
(1)This section applies if:
(a)the Minister determines under section 12J that a carrier or carriage service provider (the current provider) is a primary universal outdoor mobile provider for an outdoor mobile coverage area in respect of an outdoor mobile obligation; and
(b)another person, who is or was a universal outdoor mobile provider for the outdoor mobile coverage area in respect of the outdoor mobile obligation, is determined to be a former provider under subsection (4) of this section.
(2)This section also applies if:
(a)either:
(i)the Minister revokes or varies a determination under section 12J so that a person (the former provider) ceases to be a universal outdoor mobile provider for an outdoor mobile coverage area in respect of an outdoor mobile obligation; or
(ii)a person (the former provider) otherwise ceases to be a universal outdoor mobile provider for an outdoor mobile coverage area in respect of an outdoor mobile obligation; and
(b)another person (the current provider), who was also a universal outdoor mobile provider in respect of the outdoor mobile obligation, continues to be a universal outdoor mobile provider for the outdoor mobile coverage area in respect of that outdoor mobile obligation:
(i)if subparagraph (a)(i) of this subsection applies—after the revocation or variation; or
(ii)if subparagraph (a)(ii) applies—after the cessation.
(3)Subsections (1) and (2) can apply before the determination, revocation or variation under section 12J takes effect.
Former provider
(4)The Minister may determine in writing that a person is a former provider for the purposes of this section.
Requirement to give notice to customers
(5)The ACMA may, in writing, direct the former provider to give a written notice to a customer to whom a designated telecommunications service was supplied by the former provider in fulfilment of the universal outdoor mobile obligation.
(6)Without limiting subsection (5), the ACMA may, under that subsection, direct the former provider to:
(a)give the notice to the customer within a period specified in the direction; and
(b)include the following information in the notice:
(i)a statement setting out the day from which the former provider will no longer be a primary universal outdoor mobile provider for the outdoor mobile coverage area in respect of the outdoor mobile obligation;
(ii)the identity of the current provider;
(iii)any other information specified in the direction.
(7)A direction under subsection (5) must be given no later than a reasonable time after:
(a)if subsection (1) applies—the later of the following days:
(i)the day on which the current provider became a universal outdoor mobile provider;
(ii)the day on which the determination under section 12J was made in respect of the current provider; or
(b)if subsection (2) applies—the day on which the former provider ceases to be a universal outdoor mobile provider.
Compliance
(8)The former provider must comply with a direction given under subsection (5).
Direction not a legislative instrument
(9)A direction given under subsection (5) is not a legislative instrument.
Subdivision C · Universal outdoor mobile obligation standards, benchmarks and rules
12QStandards#
(1)The Minister may, by legislative instrument, determine standards to be complied with by primary universal outdoor mobile providers in relation to any or all of the following matters relating to designated mobile telecommunications services supplied, or proposed to be supplied, in fulfilment of the universal outdoor mobile obligation:
(a)the terms and conditions (whether or not relating to price or a method of ascertaining price) of the supply of a designated mobile telecommunications service;
(b)the reliability of a designated mobile telecommunications service;
(c)the quality of voice calls made and received using a designated mobile telecommunications service;
(d)the performance of a designated mobile telecommunications service that is a short message service;
(e)the maximum period within which a primary universal outdoor mobile provider must rectify a fault or service difficulty relating to a designated mobile telecommunications service following the making of a report by a customer about the fault or service difficulty;
(f)action which a primary universal outdoor mobile provider must take to address congestion affecting a telecommunications network the provider uses to supply a designated mobile telecommunications service;
(g)information a primary universal outdoor mobile provider must give to a customer of a designated mobile telecommunications service;
(h)any other matter concerning the accessibility of a designated mobile telecommunications service.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)A determination under subsection (1) may be of general application or may be limited as provided in the determination.
(3)Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Standards determined under subsection (1) of this section may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to:
(a)determine standards under subsection 125B(1); or
(b)make rules under subsection 12T(1) or 125E(1).
Compliance
(6)A primary universal outdoor mobile provider must comply with a standard determined under subsection (1).
12RPerformance benchmarks—standards#
(1)The Minister may, by legislative instrument, determine minimum benchmarks in relation to compliance by a primary universal outdoor mobile provider with a standard determined under section 12Q.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)An instrument under subsection (1) of this section may be of general application or may be limited as provided in the instrument.
(3)Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Benchmarks determined under subsection (1) of this section may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to determine benchmarks under subsection 125C(1).
Provider must meet or exceed minimum benchmarks
(6)A primary universal outdoor mobile provider must meet or exceed a minimum benchmark determined under subsection (1).
12SPerformance benchmarks—other benchmarks#
(1)The Minister may, by legislative instrument, determine minimum benchmarks that must be complied with by primary universal outdoor mobile providers in relation to the supply or proposed supply of a designated mobile telecommunications service to a customer in fulfilment of the universal outdoor mobile obligation.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)An instrument under subsection (1) may be of general application or may be limited as provided in the instrument.
(3)Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Benchmarks determined under subsection (1) of this section may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to determine benchmarks under subsection 125D(1).
Provider must meet or exceed other benchmarks
(6)A primary universal outdoor mobile provider must meet or exceed a minimum benchmark determined under subsection (1).
12TRules#
(1)The Minister may, by legislative instrument, make rules to be complied with by primary universal outdoor mobile providers in relation to designated mobile telecommunications services supplied, or proposed to be supplied, in fulfilment of the universal outdoor mobile obligation.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)Rules under subsection (1) may be of general application or may be limited as provided in the rules.
(3)Subsection (2) of this section does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Rules under subsection (1) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to:
(b)determine standards under subsection 12Q(1) or 125B(1); or
(b)makes rules under subsection 125E(1).
Compliance
(6)A primary universal outdoor mobile provider must comply with rules under subsection (1).
17 After paragraph 13(1)(b)
Insert:
(ba)that mobile coverage is to be reasonably available outdoors to all people in Australia on an equitable basis; and
18 After subsection 13(1)
Insert:
(1A)For the purposes of this Act, the following are taken to relate to the achievement of the policy objective set out in paragraph (1)(ba) (about outdoor mobile coverage):
(a)research or testing relating to the availability of designated mobile telecommunications services outdoors;
(b)the development of standards relating to the availability of designated mobile telecommunications services outdoors;
(c)providing information relating to:
(i)the availability of designated mobile telecommunications services outdoors; or
(ii)any other matter relating to designated mobile telecommunications services.
19 Section 73
Repeal the section, substitute:
73Delegation by the Minister to the ACMA#
(1)The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Part to the ACMA.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)In performing a delegated function or exercising a delegated power, the ACMA must comply with any written directions of the Minister.
Sub-delegation by the ACMA
(3)The ACMA may, in writing, delegate to:
(a)a member of the ACMA; or
(b)an APS employee:
(i)who is a member of the staff of the ACMA; and
(ii)who holds, or performs the duties of, an SES Band 2 position, or equivalent or higher position, in the ACMA;
any or all of the functions or powers that have been delegated by the Minister to the ACMA under subsection (1).
(4)If the ACMA delegates to a person (the second delegate) a function or power that has been delegated by the Minister to the ACMA under subsection (1), then that function or power, when performed or exercised by the second delegate, is taken for the purposes of this Act to have been performed or exercised by the Minister.
(5)If the ACMA is subject to directions in relation to the performance of a function, or the exercise of a power, delegated by the Minister to the ACMA under subsection (1), then:
(a)the ACMA must give corresponding written directions to the second delegate; and
(b)the ACMA may give other written directions (not inconsistent with those corresponding directions) to the second delegate in relation to the performance of that function or the exercise of that power.
(6)In performing a delegated function or exercising a delegated power, the second delegate must comply with any directions of the ACMA.
73ADelegation by the Minister to SES employees in the Department#
(1)The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Part to an SES employee who holds, or performs the duties of, an SES Band 2 position, or equivalent or higher position, in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.
Part 1A · Temporary disaster roaming
Part 9A · Temporary disaster roaming
158ATemporary disaster roaming#
(1)If, by 31 October 2026, the Minister is of the opinion that sufficient industry arrangements are not in place for the provision of temporary disaster roaming in Australia, the Minister must, by legislative instrument, make a determination establishing a temporary disaster roaming framework.
(2)The determination must provide for the temporary disaster roaming framework to commence no later than 1 December 2026.
(3)The determination must provide for specified carriers or carriage service providers to enable end-users to access the carrier or provider’s mobile telecommunications network during a natural disaster where the telecommunications network ordinarily used for the end-users’ service is unavailable, so far as reasonably practicable and consistent with the safe, secure and reliable operation of a mobile telecommunications network.
(4)If the Minister does not make a determination in accordance with subsection (1), the Minister must table in both Houses of Parliament a statement by 31 October 2026 setting out the industry arrangements which are in place for the provision of temporary disaster roaming.
Part 2 · Mobile telecommunications service standards, benchmarks and rules
Telecommunications (Consumer Protection and Service Standards) Act 1999#
20 Section 4
After:
• The ACMA may make performance standards to be complied with by carriage service providers in relation to customer service.
insert:
• The Minister may make standards to be complied with by carriers and carriage service providers in relation to mobile telecommunications services.
21 After Part 5
Insert:
Part 5A · Mobile telecommunications service standards, benchmarks and rules
Division 1 · Introduction
Division 2 · Mobile telecommunications service standards, benchmarks and rules
125BStandards#
(1)The Minister may, by legislative instrument, determine standards to be complied with by carriers and carriage service providers in relation to any or all of the following matters relating to mobile telecommunications services supplied, or proposed to be supplied, by the carriers and providers:
(a)the reliability of a mobile telecommunications service;
(b)the quality of voice calls made and received using a mobile telecommunications service;
(c)the performance of a mobile telecommunications service that is a short message service;
(d)the maximum period within which a carrier or carriage service provider must rectify a fault or service difficulty relating to a mobile telecommunications service following the making of a report by a customer about the fault or service difficulty;
(e)action which a carrier or carriage service provider must take to address congestion affecting a telecommunications network the provider uses to supply a mobile telecommunications service;
(f)information a carrier or carriage service provider must give to a customer of a mobile telecommunications service;
(g)any other matter concerning the accessibility of a mobile telecommunications service.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(1A)Despite subsection (1), the Minister must, by legislative instrument, determine standards to be complied with by carriers and carriage service providers in relation to the performance and reliability of mobile telecommunications services supplied using terrestrial mobile networks.
(1B)In making the determination, the Minister must have regard to the findings of the mobile services inquiry, including any findings in relation to coverage gaps, service reliability, competition and investment in regional mobile networks.
(1C)Before making the determination, the Minister must consult the ACCC, ACMA, carriers, carriage service providers and consumer and regional representatives.
(1D)The determination must be made within three months after publication of the ACCC’s final report for the mobile services inquiry.
(1E)In this section, mobile services inquiry means the inquiry held by the ACCC under Part 25 of the Telecommunications Act 1997 about proposals to declare domestic roaming and radio access network services under Division 2 of Part XIC of the Competition and Consumer Act 2010, that commenced on 5 August 2026.
Note: Notice of the mobile services inquiry could in 2026 be viewed on the ACCC’s website (www.accc.gov.au).
(2)A determination under subsection (1) may be of general application or may be limited as provided in the determination.
(3)Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Standards determined under subsection (1) of this section may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to:
(a)determine standards under subsection 12Q(1); or
(b)make rules under subsection 12T(1) or 125E(1).
Compliance
(6)A carrier or carriage service provider must comply with a standard determined under subsection (1) of this section.
(7)However, a primary universal outdoor mobile provider is not required to comply with a standard determined under subsection (1) to the extent that the standard is inconsistent with an obligation of the provider under Subdivision C of Division 2A of Part 2 (universal outdoor mobile obligation standards, benchmarks and rules).
125CPerformance benchmarks—standards#
(1)The Minister may, by legislative instrument, determine minimum benchmarks in relation to compliance by a carrier or carriage service provider with a standard determined under section 125B.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)An instrument under subsection (1) of this section may be of general application or may be limited as provided in the instrument.
(3)Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Benchmarks determined under subsection (1) of this section may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to determine benchmarks under subsection 12R(1).
Carrier or carriage service provider must meet or exceed minimum benchmarks
(6)A carrier or carriage service provider must meet or exceed a minimum benchmark determined under subsection (1) of this section.
(7)However, a primary universal outdoor mobile provider is not required to meet or exceed a minimum benchmark determined under subsection (1) to the extent that the benchmark is inconsistent with an obligation of the provider under Subdivision C of Division 2A of Part 2 (universal outdoor mobile obligation standards, benchmarks and rules).
125DPerformance benchmarks—other benchmarks#
(1)The Minister may, by legislative instrument, determine minimum benchmarks that must be complied with by carriers and carriage service providers in relation to the supply or proposed supply of a mobile telecommunications service to a customer by the carriers and carriage service providers.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)An instrument under subsection (1) may be of general application or may be limited as provided in the instrument.
(3)Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Benchmarks determined under subsection (1) of this section may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to determine benchmarks under subsection 12S(1).
Carrier or carriage service provider must meet or exceed other benchmarks
(6)A carrier or carriage service provider must meet or exceed a minimum benchmark determined under subsection (1) of this section.
(7)However, a primary universal outdoor mobile provider is not required to meet or exceed a minimum benchmark determined under subsection (1) to the extent that the benchmark is inconsistent with an obligation of the provider under Subdivision C of Division 2A of Part 2 (universal outdoor mobile obligation standards, benchmarks and rules).
125ERules#
(1)The Minister may, by legislative instrument, make rules to be complied with by carriers and carriage service providers in relation to mobile telecommunications services supplied, or proposed to be supplied, by the carriers and carriage service providers.
Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments).
(2)Rules under subsection (1) may be of general application or may be limited as provided in the rules.
(3)Subsection (2) of this section does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)Rules under subsection (1) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(5)Subsection (1) does not, by implication, limit the power to:
(a)determine standards under subsection 12Q(1) or 125B(1); or
(b)make rules under subsection 12T(1).
Compliance
(6)A carrier or carriage service provider must comply with rules under subsection (1) of this section.
(7)However, a primary universal outdoor mobile provider is not required to comply with rules under subsection (1) to the extent that the rules are inconsistent with an obligation of the provider under Subdivision C of Division 2A of Part 2 (universal outdoor mobile obligation standards, benchmarks and rules).
Division 3 · Other matters
125FDelegation by the Minister to the ACMA#
(1)The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Part to the ACMA.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)In performing a delegated function or exercising a delegated power, the ACMA must comply with any written directions of the Minister.
Sub-delegation by the ACMA
(3)The ACMA may, in writing, delegate to:
(a)a member of the ACMA; or
(b)an APS employee:
(i)who is a member of the staff of the ACMA; and
(ii)who holds, or performs the duties of, an SES Band 2 position, or equivalent or higher position, in the ACMA;
any or all of the functions or powers that have been delegated by the Minister to the ACMA under subsection (1).
(4)If the ACMA delegates to a person (the second delegate) a function or power that has been delegated by the Minister to the ACMA under subsection (1), then that function or power, when performed or exercised by the second delegate, is taken for the purposes of this Act to have been performed or exercised by the Minister.
(5)If the ACMA is subject to directions in relation to the performance of a function, or the exercise of a power, delegated by the Minister to the ACMA under subsection (1), then:
(a)the ACMA must give corresponding written directions to the second delegate; and
(b)the ACMA may give other written directions (not inconsistent with those corresponding directions) to the second delegate in relation to the performance of that function or the exercise of that power.
(6)In performing a delegated function or exercising a delegated power, the second delegate must comply with any directions of the ACMA.
125GDelegation by the Minister to SES employees in the Department#
(1)The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Part to an SES employee who holds, or performs the duties of, an SES Band 2 position, or equivalent or higher position, in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.
Part 3 · Domestic mobile roaming
506AConduct of the mobile services inquiry#
(1)The Minister must request, in writing, that in conducting the mobile services inquiry, the ACCC, consistent with section 152AB of the Competition and Consumer Act 2010, considers the benefits to consumers, and impacts on investment and competition of declaring a domestic mobile roaming service.
(2)Subsection (1) is not intended to alter the statutory test applied by the ACCC under section 152AB of the Competition and Consumer Act 2010.
(3)In this section, mobile services inquiry means the inquiry held by the ACCC under this Part about proposals to declare domestic roaming and radio access network services under Division 2 of Part XIC of the Competition and Consumer Act 2010, that commenced on 5 August 2026.
Note: Notice of the mobile services inquiry could in 2026 be viewed on the ACCC’s website (www.accc.gov.au).
[Minister’s second reading speech made in—
House of Representatives on 27 November 2025
Senate on 14 September 2026]
(111/25)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.