Contents
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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 26 October 2026 |
| 2. Schedule 1 | A single day to be fixed by Proclamation.However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
| 3. Schedules 2 to 4 | The day after this Act receives the Royal Assent. | 27 October 2026 |
Schedule 1 · Registration of carriage service providers
Telecommunications Act 1997#
1 Section 7
Insert:
Carriage Service Provider Register means the register established and maintained under section 96Q.
2 Section 7 (definition of contracted service provider)
Repeal the definition, substitute:
(a)for the Carriage Service Provider Register—see subsections 96Q(1) and (2); and
(b)for the SMS Sender ID Register—see subsections 484E(1) and (2).
3 Section 7
Insert:
eligible carriage service provider has the meaning given by section 127 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
registered carriage service provider means a carriage service provider that is registered under Division 3A of Part 4.
registrable carriage service provider has the meaning given by subsection 96A(2).
4 Section 85
After:
• A carriage service provider is a person who supplies, or proposes to supply, certain carriage services.
insert:
• Certain carriage service providers (known as registrable carriage service providers) must not provide listed carriage services unless they are registered under Division 3A.
• Carriers and wholesale carriage service providers must not provide listed carriage services to registrable carriage service providers who are not registered.
5 After Division 3 of Part 4
Insert:
Division 3A · Registration of carriage service providers
96ARequirement for registrable carriage service providers to be registered#
(1)A registrable carriage service provider must not supply, or offer to supply, a listed carriage service to the public unless the provider is registered as a registered carriage service provider.
(2)Each of the following is a registrable carriage service provider:
(b)a carriage service provider declared by the Minister for the purposes of this paragraph.
Declaration that provider is a registrable carriage service provider
(3)The Minister may, by notifiable instrument, declare a specified carriage service provider to be a registrable carriage service provider for the purposes of paragraph (2)(b).
(4)The Minister may, by legislative instrument, declare members of a specified class of carriage service providers to be registrable carriage service providers for the purposes of paragraph (2)(b).
Declaration that provider is not a registrable carriage service provider
(5)The Minister may, by notifiable instrument, declare that a specified eligible carriage service provider is not a registrable carriage service provider for the purposes of subsection (2).
(6)The Minister may, by legislative instrument, declare that members of a specified class of eligible carriage service providers are not registrable carriage service providers for the purposes of subsection (2).
96BListed carriage services must be supplied only to registered carriage service provider#
Supply by carriers
(1)A carrier must not supply, or offer to supply, a listed carriage service to a carriage service provider unless the provider is a registered carriage service provider.
(2)Subsection (1) does not apply if:
(a)the carriage service provider is not registered on the Carriage Service Provider Register; and
(b)the carrier has reasonable grounds to believe that the provider is not a registrable carriage service provider.
(3)Subsection (1) does not apply if:
(a)a determination made for the purposes of this paragraph specifies circumstances for the supply of a listed carriage service; and
(b)the supply of the listed carriage service by the carrier is or will be made in those circumstances.
Supply by wholesale carriage service providers
(4)A carriage service provider (the wholesale CSP) must not supply, or offer to supply, a listed carriage service to another carriage service provider unless the other provider is a registered carriage service provider.
(5)Subsection (4) does not apply if:
(a)the other carriage service provider is not registered on the Carriage Service Provider Register; and
(b)the wholesale CSP has reasonable grounds to believe that the other provider is not a registrable carriage service provider.
(6)Subsection (4) does not apply if:
(a)a determination made for the purposes of this paragraph specifies circumstances for the supply of a listed carriage service; and
(b)the supply of the listed carriage service by the wholesale CSP is or will be made in those circumstances.
Minister may make determinations
(7)The Minister may, by legislative instrument, make one or more determinations for the purposes of paragraphs (3)(a) and (6)(a).
Application to NBN corporation
(8)This section applies in relation to a listed carriage service that is supplied, or offered for supply, by an NBN corporation despite any other law of the Commonwealth.
96CApplication for registration#
(1)A registrable carriage service provider may apply to the ACMA to be registered under this Division.
(2)The application must:
(a)be in writing; and
(b)be in a form approved, in writing, by the ACMA; and
(c)comply with the requirements (if any) determined by the Minister for the purposes of this paragraph.
(3)The Minister may, by legislative instrument, make a determination for the purposes of paragraph (2)(c).
96DACMA may request further information#
(1)The ACMA may, by written notice, request an applicant under section 96C to give the ACMA, within the period specified in the notice, further information about the application.
(2)The ACMA may refuse to consider, or further consider, the application until the applicant gives the ACMA the information.
96ERegistration of carriage service providers#
Scope
(1)This section applies if the ACMA receives an application by a registrable carriage service provider under section 96C to be registered under this Division.
ACMA’s decision on application
(2)The ACMA must register the applicant, unless the ACMA is satisfied that:
(a)a ground for refusal specified in subsection (3) exists in relation to the applicant; and
(b)the existence of that ground justifies refusing to register the applicant.
Note: A decision to refuse registration as a registered carriage service provider is reviewable (see section 555 and paragraph 1(fa) of Schedule 4).
Grounds for refusal of registration
(3)The following are the grounds for refusal:
(a)the application contains information that is false or misleading in a material particular;
(b)the application does not comply with subsection 96C(2);
(c)the applicant has not paid any fee or charge that is payable in relation to the application;
(d)the applicant has previously:
(i)had an application for registration refused by the ACMA under this section; or
(ii)had an application for renewal of registration refused by the ACMA under subsection 96H(2); or
(iii)been registered under this Division and the applicant’s registration was revoked by the ACMA under section 96L;
(e)the applicant is required to be a member of the Telecommunications Industry Ombudsman scheme but is not a member of the scheme;
(f)in the case of an applicant who is a member of the Telecommunications Industry Ombudsman scheme:
(i)the applicant has engaged, or is engaging, in conduct that constitutes a contravention, or likely contravention, of the scheme; or
(ii)the applicant has, at the time of making the application, failed to pay a fee or charge payable in respect of the scheme;
(g)a person in the immediate circle of the applicant is or has been:
(i)a person who is disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or
(ii)convicted of an offence against a telecommunications law (within the meaning of section 581D of this Act); or
(iii)an officer of a carriage service provider whose registration under this Division was revoked under section 96L within the period of 3 years ending immediately before the application is made;
(h)the applicant has engaged, or is engaging, in conduct that:
(i)poses a significant risk to consumers; or
(ii)constitutes a contravention, or likely contravention, of a telecommunications law (within the meaning of section 581D of this Act);
(i)a circumstance exists that is a circumstance specified by the Minister for the purposes of this paragraph.
Note: For the purposes of paragraph (c), the ACMA may make determinations fixing charges for any matter in relation to which expenses are incurred by the ACMA under this Division (see section 60 of the Australian Communications and Media Authority Act 2005).
(4)The Minister may, by legislative instrument, specify one or more circumstances for the purposes of paragraph (3)(i).
ACMA to give notice of decision
(5)If the ACMA registers the applicant, the ACMA must give the applicant a written notice stating that the applicant is registered.
(6)If the ACMA refuses to register the applicant, the ACMA must give the applicant a written notice of the decision and reasons for the decision.
Registration period
(7)The registration of a registered carriage service provider under this Division is for the period that is the greater of:
(a)1 year; and
(b)the period specified by the Minister in a determination made for the purposes of this paragraph.
(8)The Minister may, by legislative instrument, make a determination for the purposes of paragraph (7)(b).
(9)The registration of a registered carriage service provider commences on the date specified in the notice given by the ACMA under subsection (5).
Note: For revocation of registration, see sections 96L and 96N.
96FConditions of registration#
Conditions imposed by ACMA
(1)The ACMA may impose one or more conditions on the registration of a registered carriage service provider, or a registered carriage service provider in a class of registered carriage service providers, if the ACMA is satisfied that the condition is reasonably necessary to promote compliance by the provider with its obligations under this Act.
Note: A decision to impose a condition on the registration of a registered carriage service provider is reviewable (see section 555 and paragraph 1(fb) of Schedule 4).
(2)The registered carriage service provider must comply with the conditions.
Conditions applicable to all providers
(3)It is a condition of registration that a registered carriage service provider notify the ACMA, in writing, of any change to a matter determined by the Minister for the purposes of this subsection within the period specified by the determination.
(4)The Minister may, by legislative instrument, make a determination for the purposes of subsection (3).
(5)If a registered carriage service provider is a member of the Telecommunications Industry Ombudsman scheme, it is a condition of registration that the provider comply with the scheme.
Definitions
(6)In this section:
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
96GApplication to renew registration#
(1)A registered carriage service provider may apply to the ACMA to renew the registration of the provider under this Division.
(2)An application may be made by a registered carriage service provider under subsection (1) only if the provider is registered under this Division at the time of making the application.
(3)The application must comply with subsection 96C(2) as if it were an application for initial registration under this Division.
96HRenewal of registration#
Scope
(1)This section applies if the ACMA receives an application by a registered carriage service provider under section 96G to renew the registration of the provider under this Division.
ACMA’s decision on application
(2)The ACMA must renew the registration of the applicant, unless the ACMA is satisfied that:
(a)a ground for refusal specified in subsection 96E(3) exists in relation to the applicant; and
(b)the existence of that ground justifies refusing to renew the registration of the applicant.
Note: A decision to refuse to renew registration as a registered carriage service provider is reviewable (see section 555 and paragraph 1(fc) of Schedule 4).
ACMA to notify applicant and consult before decision to refuse renewal
(3)Before refusing to renew the registration of an applicant, the ACMA must:
(a)give written notice to the applicant in accordance with subsection 96J(1); and
(b)consult the following:
(i)the Minister;
(ii)a Communications Access Coordinator;
(iii)the ACCC.
ACMA to give notice of decision to applicant
(4)If the ACMA renews the registration of the applicant, the ACMA must give the applicant a written notice stating that the registration of the applicant is renewed.
(5)If the ACMA refuses to renew the registration of the applicant, the ACMA must give the applicant a written notice of the decision and reasons for the decision.
ACMA to give notice and publish decision to refuse renewal
(6)The ACMA must, as soon as practicable after giving the notice under subsection (5):
(a)give written notice of the refusal to renew the registration of the applicant to:
(i)carriers; and
(ii)registered carriage service providers; and
(b)publish a copy of the notice given under paragraph (a) on the Carriage Service Provider Register; and
(c)make a public announcement of the refusal.
(7)The ACMA may also give written notice of the refusal to any other person that the ACMA considers appropriate.
ACMA may impose post-registration obligations
(8)The ACMA may impose obligations on a registered carriage service provider that have effect after the expiry of the registration of the provider.
Note: A decision to impose obligations on a registered carriage service provider having effect after the expiry of the registration of the provider is reviewable (see section 555 and paragraph 1(fd) of Schedule 4).
(9)A carrier or carriage service provider upon whom such obligations are imposed must comply with the obligations.
Registration period after renewal
(10)The renewal of the registration of a registered carriage service provider under this section is for the period that is the greater of:
(a)1 year; and
(b)the period specified by the Minister in a determination made for the purposes of this paragraph.
(11)The Minister may, by legislative instrument, make a determination for the purposes of paragraph (10)(b).
(12)The renewal of the registration of a registered carriage service provider commences on the date specified in the notice given by the ACMA under subsection (4).
Note: For revocation of registration, see sections 96L and 96N.
96JACMA to invite provider to show cause why registration renewal should not be refused#
(1)Before refusing to renew the registration of a registered carriage service provider under subsection 96H(2), the ACMA must, by written notice:
(a)notify the provider that the ACMA proposes to refuse to renew the provider’s registration; and
(b)state the reasons for the proposed refusal; and
(c)invite the provider to make a submission to the ACMA, in writing, within a reasonable period specified in the notice, showing cause as to why the provider’s application to renew the provider’s registration should not be refused.
(2)Without limiting paragraph (1)(c), the registered carriage service provider may make submissions about the steps the provider intends to take, or refrain from taking, to address the reasons for the proposed refusal.
96KExtension of registration period—pending applications for renewal#
If a registered carriage service provider applies under section 96G to renew the registration of the provider under this Division, the registration of the provider is taken to continue in force from the day it would, apart from this section, have ended until the provider is given notice of the decision on the application.
96LRevocation of registration by the ACMA#
(1)The ACMA may, by written notice, revoke the registration of a registered carriage service provider under this Division.
Note: A decision to revoke the registration of a registered carriage service provider is reviewable (see section 555 and paragraph 1(fe) of Schedule 4).
Matters to be considered in revocation decision
(2)In deciding whether to revoke the registration of a registered carriage service provider, the ACMA must have regard to the following matters:
(a)the nature, significance and persistence of any contravention of this Act by the provider;
(b)whether any such contraventions indicate to the ACMA that the provider will likely contravene this Act in the future;
(c)any submission made by the provider in accordance with section 96M;
(d)the likely impact of revoking the registration on the customers of the provider;
(e)the necessity of preventing harm to customers of the provider;
(f)whether the provider has failed to pay any fee or charge in relation to the registration;
(g)a matter determined by the Minister for the purposes of this paragraph;
(h)any other matters that the ACMA considers relevant.
Note: For the purposes of paragraph (f), the ACMA may make determinations fixing charges for any matter in relation to which expenses are incurred by the ACMA under this Division (see section 60 of the Australian Communications and Media Authority Act 2005).
(3)The Minister may, by legislative instrument, make a determination for the purposes of paragraph (2)(g).
ACMA to notify provider and consult before revocation decision
(4)Before revoking the registration of a registered carriage service provider under subsection (1), the ACMA must:
(a)give written notice to the provider in accordance with subsection 96M(1); and
(b)consult the following:
(i)the Minister;
(ii)a Communications Access Coordinator;
(iii)the ACCC.
ACMA to give notice of revocation to provider
(5)The ACMA must, as soon as practicable after revoking the registration of a registered carriage service provider, give written notice of the revocation to the provider.
(6)The notice must specify the time at which the revocation takes effect.
ACMA to give notice and publish revocation decision
(7)The ACMA must, as soon as practicable after giving the notice under subsection (5):
(a)give written notice of the revocation of the registration of the registered carriage service provider to:
(i)carriers; and
(ii)registered carriage service providers; and
(b)publish a copy of the notice given under paragraph (a) on the Carriage Service Provider Register; and
(c)make a public announcement of the revocation.
(8)The ACMA may also give written notice of the revocation to any other person that the ACMA considers appropriate.
ACMA may impose post-revocation obligations
(9)The ACMA may impose obligations on a registered carriage service provider that have effect after the revocation of the registration of the provider.
Note: A decision to impose obligations on a registered carriage service provider having effect after revocation of registration is reviewable (see section 555 and paragraph 1(ff) of Schedule 4).
(10)A carrier or carriage service provider upon whom such obligations are imposed must comply with the obligations.
Definitions
(11)In this section:
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
96MACMA to invite provider to show cause why registration should not be revoked#
(1)Before revoking the registration of a registered carriage service provider under subsection 96L(1), the ACMA must, by written notice:
(a)notify the provider that the ACMA proposes to revoke the provider’s registration; and
(b)state the reasons for the proposed revocation; and
(c)invite the provider to make a submission to the ACMA, in writing, within a reasonable period specified in the notice, showing cause as to why the provider’s registration should not be revoked.
(2)Without limiting paragraph (1)(c), the registered carriage service provider may make submissions about the steps the provider intends to take, or refrain from taking, to address the reasons for the proposed revocation.
96NRevocation of registration on request by provider#
(1)A registered carriage service provider may, by written notice given to the ACMA, request the ACMA to revoke the registration of the provider under this Division.
(2)The request must:
(a)be in writing; and
(b)be in a form approved, in writing, by the ACMA; and
(c)comply with the requirements (if any) determined by the Minister for the purposes of this paragraph.
(3)The Minister may, by legislative instrument, make a determination for the purposes of paragraph (2)(c).
(4)If a request is given to the ACMA under subsection (1), the ACMA may, by written notice given to the registered carriage service provider, revoke the registration of the provider.
Note: A decision to refuse to revoke the registration of a registered carriage service provider at the provider’s request is reviewable (see section 555 and paragraph 1(fg) of Schedule 4).
ACMA may impose post-revocation obligations
(5)The ACMA may impose obligations on a registered carriage service provider that have effect after the revocation of the registration of the provider.
Note: A decision to impose obligations on a registered carriage service provider having effect after revocation of registration is reviewable (see section 555 and paragraph 1(fh) of Schedule 4).
(6)A carrier or carriage service provider upon whom such obligations are imposed must comply with the obligations.
ACMA to give notice of revocation to provider
(7)If the ACMA agrees to the requested revocation of registration, the ACMA must, as soon as practicable, give written notice of the revocation to the provider.
(8)The notice must specify:
(a)the time at which the revocation takes effect; and
(b)the obligations (if any) to which the registered carriage service provider will be subject after revocation.
ACMA to give notice and publish revocation decision
(9)The ACMA must, as soon as practicable after giving the notice under subsection (7):
(a)give written notice of the revocation of the registration of the registered carriage service provider to:
(i)carriers; and
(ii)registered carriage service providers; and
(b)publish a copy of the notice given under paragraph (a) on the Carriage Service Provider Register; and
(c)make a public announcement of the revocation.
(10)The ACMA may also give written notice of the revocation to any other person that the ACMA considers appropriate.
96PNotice and transfer of customers following renewal refusal or revocation#
(1)If the registration of a registered carriage service provider is not renewed under section 96H or is revoked under section 96L or 96N, the provider must:
(a)give written notice of the expiry or revocation of the registration to the following:
(i)all the customers of the provider;
(ii)if the provider supplies a listed carriage service to another carriage service provider—the other carriage service provider;
(iii)if the provider is supplied a listed carriage service by a carrier—the carrier;
(iv)if the provider is supplied a listed carriage service by another carriage service provider—the other carriage service provider; and
(b)make arrangements to transfer the customers of the provider to another registered carriage service provider.
(2)Subsection (1) does not limit the obligations that may be imposed under subsection 96H(8), 96L(9) or 96N(5).
96QCarriage Service Provider Register#
(1)The ACMA must establish, or arrange for a person (a contracted service provider) to establish on behalf of the ACMA, a register to be known as the Carriage Service Provider Register.
(2)The ACMA must:
(a)maintain the entire register; or
(b)arrange for a person (a contracted service provider) to maintain, on behalf of the ACMA, the entire register; or
(c)maintain some of the content of the register and arrange for a person (a contracted service provider) to maintain, on behalf of the ACMA, the remaining content of the register.
(3)The register must contain:
(a)details of each registered carriage service provider; and
(b)any other information determined by the ACMA for the purposes of this paragraph.
(4)The ACMA may, by legislative instrument, make a determination for the purposes of paragraph (3)(b).
(5)The register must:
(a)be kept in electronic form; and
(b)be made publicly available.
(6)The register is not a legislative instrument.
96RApplication of the Privacy Act 1988 to a contracted service provider#
(1)For the purposes of the Privacy Act 1988, if the Carriage Service Provider Register is established, or maintained (in whole or in part), by a contracted service provider under a contract:
(a)the establishing, or maintaining, of the Carriage Service Provider Register by the contracted service provider; and
(b)the operation of the Carriage Service Provider Register by the contracted service provider; and
(c)the performance of a function, or the exercise of a power, by the contracted service provider under this Division;
is taken to be the provision of a service to the ACMA under the contract.
(2)Subsection (1) is enacted for the avoidance of doubt.
96SDisclosure of information to entities#
Scope
(1)This section applies to information obtained by the ACMA or a contracted service provider under this Division.
Disclosure by ACMA
(2)If requested to do so by any of the following entities, the ACMA must disclose the information to the entity, unless the ACMA believes on reasonable grounds that disclosure of the information is not necessary to enable or assist the entity to perform its functions or exercise its powers whether under this Act or otherwise:
(a)the Department;
(b)the Attorney-General’s Department;
(c)the Home Affairs Department;
(d)the Telecommunications Industry Ombudsman;
(e)the ACCC;
(f)an entity determined by the Minister for the purposes of this paragraph.
Disclosure by contracted service provider
(3)If requested to do so by any of the following entities, the contracted service provider must disclose the information to the entity:
(a)the ACMA;
(b)the Department;
(c)the Attorney-General’s Department;
(d)the Home Affairs Department;
(e)the Telecommunications Industry Ombudsman;
(f)the ACCC;
(g)an entity determined by the Minister for the purposes of this paragraph.
(4)A contracted service provider who receives a request from an entity (other than the ACMA) mentioned in subsection (3) must notify the ACMA, in writing, about the request as soon as reasonably practicable after receiving the request.
(5)Subsection (3) does not apply in relation to the disclosure of information to an entity (other than the ACMA) if the ACMA has advised the contracted service provider that the ACMA believes, on reasonable grounds, that disclosure of the information is not necessary to enable or assist the entity to perform its functions or exercise its powers whether under this Act or otherwise.
(6)Subsections (3) and (4) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Minister may make determinations
(7)The Minister may, by legislative instrument, make one or more determinations for the purposes of paragraphs (2)(f) and (3)(g).
96TDelegation by Minister#
(1)The Minister may, in writing, delegate to the ACMA one or more of the Minister’s functions or powers under this Division.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)However, subsection (1) does not apply to the power referred to in subsection 96E(4), 96L(3) or 96S(7).
(3)A person performing functions or exercising powers under a delegation under subsection (1) must comply with any directions of the Minister.
(4)The Minister may, in writing, give directions for the purposes of subsection (3).
96UAcquisition of property#
This Division has no effect to the extent that its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).
6 Subclause 2(1) of Schedule 3A (definition of Attorney-General’s Department)
Repeal the definition.
7 After paragraph 1(f) of Schedule 4
Insert:
(fa)a decision under subsection 96E(2) to refuse an application for registration as a registered carriage service provider;
(fb)a decision under subsection 96F(1) to impose a condition on the registration of a registered carriage service provider;
(fc)a decision under subsection 96H(2) to refuse an application to renew registration as a registered carriage service provider;
(fd)a decision under subsection 96H(8) to impose obligations on a registered carriage service provider that have effect after the expiry of the registration of the provider;
(fe)a decision under subsection 96L(1) to revoke the registration of a registered carriage service provider;
(ff)a decision under subsection 96L(9) to impose obligations on a registered carriage service provider that have effect after revocation of registration of the provider;
(fg)a decision under subsection 96N(4) to refuse to revoke the registration of a registered carriage service provider at the provider’s request;
(fh)a decision under subsection 96N(5) to impose obligations on a registered carriage service provider that have effect after revocation of registration of the provider at the provider’s request;
8 Application of amendments
Division 3A of Part 4 of the Telecommunications Act 1997, as inserted by this Schedule, applies in relation to carriers and carriage service providers after the end of the period of 6 months starting on the day this item commences.
9 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
(2) However, to avoid doubt, the rules may not do the following:
(a)create an offence or civil penalty;
(b)provide powers of:
(i)arrest or detention; or
(ii)entry, search or seizure;
(c)impose a tax;
(d)set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)directly amend the text of this Schedule.
(3) This item (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).
Schedule 2 · Mandatory compliance with industry codes
Telecommunications Act 1997#
1 Section 5
Omit:
• Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the telemarketing industry or the fax marketing industry to comply with the code.
2 Section 5
Omit:
• Compliance with industry standards is mandatory.
substitute:
• Compliance with industry codes and industry standards is mandatory.
3 Section 106
Omit:
• Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the telemarketing industry or the fax marketing industry to comply with the code.
4 Section 106
Omit:
• Compliance with industry standards is mandatory.
substitute:
• Compliance with industry codes and industry standards is mandatory.
5 Section 121
Repeal the section, substitute:
121Compliance with industry codes#
(1)If an industry code that applies to participants in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry is registered under this Part, each participant in that section of the industry must comply with the code.
(2)A person must not:
(a)aid, abet, counsel or procure a contravention of subsection (1); or
(b)induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c)be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d)conspire with others to effect a contravention of subsection (1).
(3)Subsections (1) and (2) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
121AConsultation with Information Commissioner before taking enforcement action#
(1)This section applies if:
(a)a person (the industry participant) is a participant in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and
(b)the ACMA is satisfied that the industry participant has contravened or is contravening an industry code that:
(i)is registered under this Part; and
(ii)applies to participants in that section of the industry; and
(c)the ACMA is satisfied that the contravention relates directly or indirectly to a matter dealt with by the Australian Privacy Principles or by a registered APP code (within the meaning of the Privacy Act 1988).
(2)The ACMA must consult the Information Commissioner before taking enforcement action against the industry participant in relation to the contravention.
6 Paragraph 136(1)(d)
Omit “section 119; and”, substitute “section 119.”.
7 Paragraph 136(1)(e)
Repeal the paragraph.
8 Paragraph 1(j) of Schedule 4
Repeal the paragraph.
9 Application of amendments
(1) Section 121 of the Telecommunications Act 1997, as repealed and substituted by this Schedule, applies in relation to:
(a)an industry code registered under Part 6 of the Telecommunications Act 1997, whether registered before, on or after the day this item commences; and
(b)conduct engaged in by a person before, on or after the day this item commences.
(2) Section 121A of the Telecommunications Act 1997, as inserted by this Schedule, applies in relation to a contravention that occurs, or is alleged to have occurred, before, on or after the day this item commences.
Schedule 3 · Pecuniary penalties
Telecommunications Act 1997#
1 Section 7
Insert:
adjusted turnover has the meaning given by subsection 570(3C).
breach turnover period has the meaning given by subsection 570(3E).
2 Before subsection 570(3)
Insert:
Amount of pecuniary penalty—body corporate
3 Paragraph 570(3)(a)
After “101(1) or (2)”, insert “(other than a contravention that consists of a breach of a service provider rule set out in a provision of a determination in force under section 99)”.
4 After paragraph 570(3)(a)
Insert:
(aaaa)in the case of a contravention of a civil penalty provision mentioned in subsection (3A)—the amount under subsection (3B) for each contravention; or
5 After subsection 570(3)
Insert:
(3A)For the purposes of paragraph (3)(aaaa), the civil penalty provisions are as follows:
(a)subsection 101(1) or (2), to the extent that the contravention consists of a breach of a service provider rule set out in a provision of a determination in force under section 99;
(b)subsection 121(1) or (2);
(c)subsection 128(1) or (2).
(3B)For the purposes of paragraph (3)(aaaa), the amount under this subsection is an amount not more than the greatest of the following:
(a)30,300 penalty units;
(b)if the Court can determine the value of the benefit that the body corporate, and any related body corporate (within the meaning of the Corporations Act 2001), have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the contravention—3 times the value of that benefit;
(c)if the Court cannot determine the value of that benefit—30% of the adjusted turnover of the body corporate during the breach turnover period for the contravention.
Meaning of adjusted turnover
(3C)For the purposes of paragraph (3B)(c), the adjusted turnover of a body corporate during a period is the sum of the values of all the supplies that the body corporate, and any related body corporate (within the meaning of the Corporations Act 2001), have made, or are likely to make, during the period, other than:
(a)supplies made from any of those bodies corporate to any other of those bodies corporate; or
(b)supplies that are input taxed; or
(c)supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999); or
(d)supplies that are not made in connection with an enterprise that the body corporate carries on; or
(e)supplies that are not connected with the indirect tax zone.
(3D)Expressions used in subsection (3C) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
Meaning of breach turnover period
(3E)For the purposes of paragraph (3B)(c), the breach turnover period for a contravention means the longer of the following periods:
(a)the period of 12 months ending at the end of the month in which the contravention ceased, or proceedings in relation to the contravention were instituted (whichever is earlier);
(b)the period:
(i)starting at the beginning of the month in which the contravention occurred or began occurring; and
(ii)ending at the same time as the period determined under paragraph (a).
Amount of pecuniary penalty—person other than a body corporate
6 Application of amendments
The amendments of section 570 of the Telecommunications Act 1997 made by this Schedule apply in relation to a contravention of a civil penalty provision if the conduct constituting the contravention of the provision occurs wholly on or after the day this item commences.
Schedule 4 · Infringement notices given to bodies corporate
Telecommunications Act 1997#
1 Paragraph 572G(2)(a)
Omit “section 68 or 101”, substitute “a particular civil penalty provision”.
2 After subsection 572G(2)
Insert:
(2A)Without limiting subsection (2), or subsection 33(3A) of the Acts Interpretation Act 1901, the determination may make different provision in relation to contraventions by different classes of bodies corporate.
3 Subsection 572G(3)
Repeal the subsection, substitute:
(3)The number of penalty units specified in the determination for a particular kind of contravention must not exceed:
(a)if the maximum pecuniary penalty that could be imposed under section 570 on a body corporate for the contravention is, or includes, an amount expressed in penalty units—20% of the maximum pecuniary penalty expressed in penalty units; or
(b)if the maximum pecuniary penalty that could be imposed under section 570 on a body corporate for the contravention is, or includes, an amount expressed as a dollar amount—the number of penalty units that is nearest to (but not more than) 20% of the maximum pecuniary penalty expressed as a dollar amount.
4 Application of amendments
The amendments of section 572G of the Telecommunications Act 1997 made by this Schedule apply in relation to infringement notices given in respect of conduct allegedly constituting a contravention of a civil penalty provision that occurs wholly on or after the day this item commences.
[Minister’s second reading speech made in—
House of Representatives on 28 August 2025
Senate on 22 June 2026]
(57/25)
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.