Telecommunications Amendment (Enhancing Consumer Safeguards) Bill 2025

High-Level Summary
The bill proposes to enhance consumer safeguards in the telecommunications industry by amending the Telecommunications Act 1997. It aims to create a register of carriage service providers, enforce industry codes directly, and amend penalty arrangements for infringements.

Summary
The Telecommunications Amendment (Enhancing Consumer Safeguards) Bill 2025 seeks to amend the Telecommunications Act 1997 in several ways. Schedule 1 introduces a registration scheme for Carriage Service Providers (CSPs), enhancing the Australian Communications and Media Authority's (ACMA) ability to monitor and regulate CSPs, particularly those posing risks to consumers. Schedule 2 makes compliance with industry codes mandatory, allowing the ACMA to enforce these codes without first issuing a compliance direction. Schedule 3 aligns the penalty framework for breaches of industry standards, industry codes, and service provider determinations to a maximum of 30,300 penalty units or a percentage of the provider's turnover, whichever is greater. Schedule 4 enables the Minister for Communications to adjust infringement notice penalties, providing clarity and consistency in penalty amounts across various breaches. From the explanatory memorandum:
The overall intention is to improve compliance and enforcement of telecommunications consumer protection rules for the benefit of consumers.

Argument For
Normative Bases
  1. Consumer Protection
  2. Pro-Democracy

The bill should be supported because it significantly enhances consumer protection by providing the ACMA with necessary tools to regulate the telecommunications industry more effectively. A mandatory registration scheme for CSPs ensures greater accountability and transparency in the market, thereby reducing risks to consumers. The direct enforcement of industry codes without preliminary warnings enables quicker responses to violations, safeguarding consumer interests more efficiently. Moreover, by aligning penalty frameworks with those in other sectors, the bill ensures that penalties are commensurate with the severity of breaches, deterring non-compliance and fostering a fairer telecommunications market.


Argument Against
Normative Bases
  1. Propertarianism
  2. Legal Principle

The bill should be opposed because it imposes potentially burdensome compliance requirements on smaller CSPs, which could stifle innovation and competition within the telecommunications sector [Judgment]. The increased penalties and mandatory registration may disproportionately impact smaller providers, limiting their ability to compete with larger entities. Furthermore, the direct enforcement of industry codes without initial compliance directions might lead to excessive regulatory actions that could be perceived as heavy-handed, possibly discouraging new entrants into the market [Judgment].


Date:

2025-08-28

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Categories:

Consumer Protection, Telecommunications, Regulatory Reform

Timeline:
28/08/2025

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