Amending the Telecommunications (Listed Infringement Notice Provisions) Declaration 2022 - consultation 18/2022

We received 1 submission to this consultation, which is available below. On 28 July 2022, following consideration of the submission, the the ACMA made the Telecommunications (Listed Infringement Notice Provisions) Amendment Declaration 2022 (No. 1).

We are proposing to amend the Listed Infringement Notice Declaration to include provisions from the Telecommunications Service Provider (Customer Identity Authentication) Determination 2022 (the Customer ID Determination) and the Telecommunications Service Provider (International Mobile Roaming) Determination 2019 (the IMR Determination).

The infringement notice scheme is a key regulatory tool. It provides the ACMA with an efficient way to deal with contraventions of certain civil penalty provisions under the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Telecommunications (Interception and Access) Act 1979.

The ACMA made the Customer ID Determination on 1 April 2022, and it will commence on 30 June 2022. The rules are intended to protect telco customers from fraud by requiring telcos to use multi-factor authentication before undertaking high-risk transactions.

The IMR Determination was made on 17 December 2019 and came into effect on 1 July 2020. It aims to protect telco customers from ‘bill shock’ from using international mobile roaming (IMR) services by requiring telcos to notify customers when IMR services are activated and maximum IMR charges, and be able to monitor, track and alter their use of IMR services when overseas.

Amending the Listed Infringement Notice Declaration will allow the ACMA to take appropriate enforcement action to address non-compliance with the Customer ID Determination and the IMR Determination.

We propose to amend the instrument with the changes described in the consultation paper.

We welcome comments from interested stakeholders on any of the issues raised in the consultation paper.