Investigations into telco providers

Breach of clauses 1.1.3, 4.2.10, 4.3.1, 4.6.2 and 6.1.1(a) of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA issued a direction to comply with the Reducing Scams Code.

Breach of subsection 42(2) and section 51 of the Telecommunications (Emergency Call Service) Determination 2019.

The ACMA issued an infringement notice to Telstra.

Breach of subclause 10.2.1 of the Industry Code C564:2020 Mobile Phone Base Station Deployment (the Deployment Code).

The ACMA has issued Optus Mobile Pty Ltd a formal warning for breaching the Deployment Code.

Breach of section 15, paragraph 27(2)(b) and subsection 28(1) of the Telecommunications (Emergency Call Service) Determination 2019.

The ACMA issued infringement notices to Optus Mobile Pty Limited, Optus Networks Pty Limited and Optus Internet Pty Limited.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA issued a formal warning to Eureka Telecommunications Western Victoria Pty Ltd.

Breach of clauses 5.2.2 and 6.1.1 of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA issued a direction to comply with the Reducing Scams Code.

Breach of section 132 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA issued a direction to comply to Telnetworks Pty Ltd.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Bendigo Telco.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to TeleChoice.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Dreamtilt.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Flip TV.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to NuMobile.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Pennytel.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Moose Mobile.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to TelcoPlus.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Telecom West.

Breach of paragraph 7(1)(a) of the Telecommunications (Financial Hardship) Industry Standard 2024.

The ACMA issued a formal warning to Uniti Internet.

Breaches of subsection 68(1) of the Telecommunications Act 1997.

The ACMA has given Telstra Limited a remedial direction.

Breach of clause 6.1.1(a) of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA issued a direction to comply with the Reducing Scams Code.

Breach of clauses 1.1.3, 4.2.10, 4.4.3, 4.4.4 and 6.1.1(a) of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA issued a direction to comply with the Reducing Scams Code.

Breaches of subsection 128(1) of the Telecommunications Act 1997 by failing to comply with paragraphs 13(1)(j), 14(2) and 21(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

Southern Phone paid an Infringement Notice of $244,140. The ACMA has also accepted an Enforceable Undertaking from Southern Phone.

Breach of clause 9.1.1(a) and 9.7.1(b) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA has issued a Direction to comply with the TCP Code to BSC WA Pty Ltd trading as Star Telecom.

Breach of clause 4.5.1(c) and 9.7.1(b) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA has issued a Direction to comply with the TCP Code to Teleforce Pty Ltd trading as Urban Telecom.

Breaches of:

• subsection 101(1) of Telecommunications Act 1997 (Act); and
• clause 4.2.1 of Industry Code (C555:2020) Integrated Public Number Database (IPND) (IPND Code).

In relation to the contraventions of: 

• subsection 101(1) of the Act, Optus Mobile has paid an Infringement Notice of $1,501,500; and
• the IPND Code, the ACMA has directed Optus Mobile to comply with the Code.

The ACMA has also accepted an Enforceable Undertaking from Optus Mobile.

Breaches of:

• subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997;
• clause 4.2.1 of the Industry Code (C555:2020) Integrated Public Number Database (IPND Code); and
• clauses 5.2.2 and 6.1.1 of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA has directed MessageBird Pty Ltd to comply with the IPND Code and the Reducing Scams Code.

Breaches of:

• subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997;
• clause 4.2.1 of the Industry Code (C555:2020) Integrated Public Number Database (IPND Code); and
• clause 5.2.2 of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA has directed Message4U Pty Ltd to comply with the IPND Code and the Reducing Scams Code.

Breaches of:

• subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997;
• clause 4.2.1 of the Industry Code (C555:2020) Integrated Public Number Database (IPND Code); and
• clause 5.2.2 of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA has directed DirectSMS Pty Ltd to comply with the IPND Code and the Reducing Scams Code.

Breaches of:

• subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997;
• clause 4.2.1 of the Industry Code (C555:2020) Integrated Public Number Database (IPND Code); and

Clauses 5.2.1 and 5.2.2 of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA has directed SMS Broadcast Pty Ltd to comply with the IPND Code and the Reducing Scams Code.

Breaches of:

• subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997;
• clause 4.2.1 of the Industry Code (C555:2020) Integrated Public Number Database (IPND Code); and
• Clauses 5.2.2 and 6.1.1 of the Industry Code (C661:2022) Reducing Scam Calls and Scam SMs (Reducing Scams Code).

The ACMA has directed Esendex Pty Ltd to comply with the IPND Code and the Reducing Scams Code.

Breaches of section 8 the Telecommunications Service Provider (Customer Identity Authentication) Determination 2022 and breach of subsection 101(1) of the Telecommunications Act 1997 (the Act).

Medion Australia Pty Ltd has paid an Infringement Notice of $259,440.

The ACMA has accepted an enforceable undertaking from Medion Australia Pty Ltd under section 572B of the Act.

Breaches of:

• subsections 101(1) and 128(1) of Telecommunications Act 1997 (Act);
• clause 4.2.1 of Industry Code (C555:2020) Integrated Public Number Database (IPND) (IPND Code);
• subsections 8(2) and (5) of the Telecommunications (Mobile Number Pre-Porting Additional Identity Verification) Industry Standard 2020 (PPV Standard);
• paragraph 2.3(1)(a) and section 6.3 of the Telecommunications (Service Provider – Identity Checks for Prepaid Mobile Carriage Services) Determination 2017 (Prepaid Determination); and 
• clauses 5.2.2 and 6.1.1 of the Industry Code C661:2022 Reducing Scam Calls and Scam SMS (Reducing Scams Code).

In relation to the contraventions of: 

• subsections 101(1) and 128(1) of the Act, Telnyx has paid Infringement Notices of $79,920 and $26,640; and
• the IPND Code and Reducing Scams Code, the ACMA has directed Telnyx to comply with the Codes.

The ACMA has also accepted an Enforceable Undertaking from Telnyx.

Breaches of clause 6.4.1 of the Telecommunications Consumer Protections Code C628:2007, clause 5.5.1 of the Telecommunications Consumer Protections Code C628:2012, clause 5.5.1 of the Telecommunications Consumer Protections Code C628:2015, clause 5.5.1 of the Telecommunications Consumer Protections Code C628:2019, and subsequently the direction to comply with the TCP Code given to Telstra Corporation Ltd on 21 September 2020 and subsection 121(2) of the Telecommunications Act.

In relation to the contraventions of subsection 121(2) of the Telecommunications Act, Telstra has paid an Infringement Notice of $3,010,320. The ACMA has also issued a direction to comply with the TCP Code to Telstra Limited.

Breaches of subsection 101(1) of the Telecommunications Act 1997, clauses 4.2.1, 4.2.16, 6.2.3 of the Industry Code (C555:2020) Integrated Public Number Database and subsequently the direction to comply with the IPND Code given to Telstra Corporation Ltd on 11 November 2021 and subsection 121(2) of the Telecommunications Act.

In relation to the contraventions of subsection 121(2) of the Telecommunications Act, Telstra has paid an Infringement Notice of $306,360. The ACMA has also accepted an Enforceable Undertaking from Telstra Limited.

Breach of clause 4.2.8 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA has issued a Direction to comply with the TCP Code to SkyMesh Pty Ltd. 

Breach of clause 5.2.2 of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a Direction to comply with the industry code Reducing Scam Calls and Scam SMS.

Breach of clauses 5.2.2 and 6.1.1(b) of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a Direction to comply with the industry code Reducing Scam Calls and Scam SMS.

Breach of clause 4.1.4(b) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA has issued a Direction to comply with the TCP Code to Starlink Internet Services Pte Ltd

Breach of clauses 5.2.2 and 6.1.1(b) of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a Direction to comply with the industry code Reducing Scam Calls and Scam SMS.

Breach of clause 6.7.1 of the Telecommunications Consumer Protections Code C628:2019. 

The ACMA issued a Direction to comply with the TCP Code to Exetel Pty Ltd.

Breach of clauses 6.6.2, 6.7.1, and 6.7.5(f) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to comply with the TCP Code to Foxtel Management Pty Limited.

Breach of clauses 6.7.1 and 6.7.5(a) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a formal warning to MyRepublic Pty Ltd.

Breach of clause 6.7.1 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a formal warning to Optus Mobile Pty Limited.

Breach of clauses 6.6.2, 6.7.1, and 6.7.5(a), (b), (c), (d), (e), and (f) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to comply with the TCP Code to Southern Phone Company Limited.

Breach of clauses 6.6.1, 6.7.1, and 6.7.4(b) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to comply with the TCP Code to SpinTel Pty Ltd.

Breach of clauses 6.7.1, 6.7.4(b), and 6.7.5(a) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a formal warning to Telstra Corporation Limited.

Breach of clauses 6.7.4(b) and 6.7.5(c), (e), and (f) of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to comply with the TCP Code to TPG Telecom Limited.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA issued a formal warning to Fly On IT Pty Ltd.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 68(1) of the Act of the Telecommunications Act 1997.

The ACMA has issued a formal warning to Office Automation Pty Ltd.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 68(1) of the Act of the Telecommunications Act 1997.

The ACMA has issued a formal warning to Cellect Australia Pty Ltd.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 68(1) of the Act of the Telecommunications Act 1997.

The ACMA has issued a formal warning to The Trustee for J & T Tripodi trust (trading as TriCorp Technologies).

Breach of clauses 5.2.4, 5.2.5 (a), and 5.2.9 (a) and 5.2.9 (b) of the Industry Code C564:2020 Mobile Phone Base Station Deployment (the Deployment Code).

The ACMA has issued Telstra a Formal Warning for breaching the Deployment Code.

Breach of clauses 10.1.1(b) and 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to BSC (WA) Pty Ltd.

Breach of clause 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to Crazy Telecommunications Pty Ltd.

Breach of clauses 10.1.1(b) and 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to GigaComm Pty Ltd.

Breach of clauses 10.1.1(b) and 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to Inspired Broadband Pty Ltd.

Breach of clauses 10.1.1(b) and 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to Kangaroo Telecom Pty Ltd.

Breach of clauses 10.1.1(b) and 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to NGZ Pty Ltd.

Breach of clauses 10.1.1(b) and 10.4 of the Telecommunications Consumer Protections Code C628:2019.

The ACMA issued a Direction to Comply with the TCP Code to The Trustee for IE Unit Trust.

Breach of clause 5.2.1 and 5.2.2 of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a Direction to Comply with the industry code Reducing Scam Calls and Scam SMS.

Breach of clause 5.2.2 of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a Direction to Comply with the industry code Reducing Scam Calls and Scam SMS.

Breach of clause 5.2.2 of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a formal warning to Phone Card.

Breach of clause 6.7.1 of the Telecommunications Consumer Protections Code 2019 (the TCP Code)

The ACMA has issued a formal warning to Telstra Corporation Limited.

Breaches of subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997, clauses 4.2.1, 4.2.16, 5.1.7 and 5.3.1 of the Industry Code (C555:2020) Integrated Public Number Database.

In relation to contraventions of the IPND service provider rule Circles has paid an Infringement Notice of $253,080. The ACMA has also accepted an Enforceable Undertaking from Circles and has issued a Direction to Comply with the IPND Code.

Breach of subsection 68(1) of the Telecommunications Act 1997 and paragraph 12(2)(c) of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 relating to priority assistance

The ACMA has accepted an enforceable undertaking.

Breach of clause 5.2.2 and clause 6.1.1(b) of the industry code Reducing Scam Calls and Scam SMS.

The ACMA issued a Direction to Comply with the industry code Reducing Scam Calls and Scam SMS.

Breach of subsection 101(1) of the Telecommunications Act 1997 and subsection 2.3(1) of the Telecommunications (Service Provider Identity Checks for Prepaid Mobile Carriage Services) Determination 2017.

The ACMA accepted an enforceable undertaking from TPG Telecom Limited under section 572B if the Telecommunications Act.

Breach of paragraph 8(1)(b) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018 and subsection 128(1) of the Telecommunications Act 1997

The ACMA issued a formal warning to Lycamobile.

Breach of clause 7.7.1 of the Telecommunications Consumer Protections Code 2019 (the TCP Code)

The ACMA has issued a Direction to Comply with clause 7.7 of the TCP Code.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA has issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act.

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA has issued a Direction to comply with subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Breaches of subsection 101(1) and subclause 10(2) of Schedule 2 of the Telecommunications Act 1997, clauses 4.2.1, 4.2.16, 5.1.6 and 5.3.1 of the Industry Code (C555:2020) Integrated Public Number Database.

In relation to contraventions of the IPND service provider rule, Aussie Broadband has paid an Infringement Notice of $213,120. The ACMA has issued a Direction to Comply with the IPND Code.

Breaches of subsection 8(2) and subsection 8(5) of the Telecommunications (Mobile Number Pre-porting Additional Identity Verification) Industry Standard 2020 and breach of subsection 128(1) of the Telecommunications Act 1997.

Circles Australia Pty Ltd has paid an Infringement Notice of $199,800.

Contraventions of section 132 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA initiated Federal Court proceedings against Red Telecom and its sole director Mr Nicholas Kontaxis, for alleged failure to comply with 7 determinations of the Telecommunications Industry Ombudsman. The Federal Court imposed pecuniary penalties of $450,000 against Limni Enterprises and $115,125 against Mr Kontaxis.

Judgment of the Federal Court published 11 July 2022: Australian Communications and Media Authority v Limni Enterprises Pty Ltd (formerly known as Red Telecom Pty Ltd) [2022] FCA 795.

Breach of section 128 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act 1997

The ACMA issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act. 

Breach of subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 68(1) of the Act of the Telecommunications Act 1997.

The ACMA has issued a Formal Warning to comply with subsection 68(1) of the Telecommunications Act 1997.

Breach of clause 4.1.2(b) of the Telecommunications Consumer Protections Code 2019 (the TCP Code)

The ACMA has issued a Direction to Comply with clause 4.1.2(b) of the TCP Code.

Breach of a remedial direction given to Lycamobile Pty Ltd on 13 January 2021 and subsequently subsection 102(4) of the Telecommunications Act 1997, subsection 101(1) of the Telecommunications Act, clauses 4.2.1, 4.2.16 and 5.1.11 of the Industry Code (C555:2020) Integrated Public Number Database and subsequently the direction to comply with the IPND Code also given to Lycamobile Pty Ltd on 13 January 2021 and subsection 121(2) of the Telecommunications Act.

In relation to contraventions of the remedial direction, Lycamobile Pty Ltd has paid an Infringement Notice of $26,640, and in relation to contraventions of the direction to comply with the IPND Code, Lycamobile has paid an Infringement Notice of $159,840.

Breach of clause 4.4.3 of the Industry Code (C661:2020) Reducing Scam Calls

The ACMA issued a formal warning to Symbio Wholesale.

Breach of clause 4.4.3 of the Industry Code (C661:2020) Reducing Scam Calls.

The ACMA issued a formal warning to Symbio Networks.

The ACMA accepted an enforceable undertaking under section 572B of the Telecommunications Act 1997 from Telstra Corporation Limited directed towards ensuring future compliance with section 117A of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act)

Note: On 13 December 2022, the ACMA accepted a replacement enforceable undertaking from Telstra. Effective 1 January 2023, the replacement reflects the upcoming restructure of Telstra’s business, which will see responsibility for compliance with section 117A of the TCPSS Act transferring to a different company within the Telstra Group on 1 January 2023. On 12 December 2022, the ACMA also cancelled the enforceable undertaking agreed to in May, effective 1 January 2023.

May 2022

Dec 2022

Breaches of clause 5.5.1 of the Telecommunications Consumer Protections (TCP) Code 2019 and TCP Code 2015, and

breaches of subsection 121(2) of the Telecommunications Act 1997.

In relation to the contraventions of the Telecommunications Act, Telstra has paid an Infringement Notice of $506,160.

Breach of subsections 14(2), 14(3) and 15(1) of the Telecommunications Service Provider (NBN Service Migration) Determination 2018 and subsection 101(1) of the Telecommunications Act 1997.

The ACMA issued a Remedial Direction to Optus Internet Pty Limited for breaching the NBN Service Migration Determination

Breach of section 132 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act.

The ACMA issued a Remedial Direction to Potukuchi Trading Pty Ltd, Trustee for Global Financial Solutions, trading as 1800 BizPhone.

Breach of clause 4.5.1(c) of the Telecommunications Consumer Protections Code C628:2019, and consequently a breach of clause 4.5.1(a).

The ACMA has issued a Direction to Comply with clause 4.5.1 of the TCP Code.

Breach of subsections 360W(1) and 360X(1) of the Telecommunications Act 1997 (the Act) and consequently a breach of subsection 68(1) of the Act and the carrier licence condition set out in clause 1 of Schedule 1 to the Act.

The ACMA issued a formal warning to CommSol.

Breaches of subsection 101(1), subclause 10(2) of Schedule 2, and subsection 121(2) of the Telecommunications Act 1997 clauses 4.2.1, 4.2.16, 5.1.8 and 5.1.11 of the Industry Code (C555:2020) Integrated Public Number Database (IPND), and clauses 4.2.25 and 4.2.11 of the Industry Code (C555:2017) Integrated Public Number Database (IPND).

In relation to the contraventions of the IPND service provider rule, Telstra has paid an Infringement Notice of $2,530,800. The ACMA has issued a Direction to Comply with the IPND Code (2020).

Breach of clause 4.2.14 of the Industry Code (C555:2020)
Integrated Public Number Database (IPND)

The ACMA has issued a Direction to Comply with clause 4.2.14 of the IPND Code.

Breach of clause 4.3.4 of the Industry Code C564:2020 Mobile Phone Base Station Deployment (the Deployment Code).

The ACMA has issued Vodafone a Formal Warning for breaching the Deployment Code.

Breach of clause 5.5.1 of the Telecommunications Consumer Protections Code (C628:2019), clause 5.5.1 of the Telecommunications Consumer Protections Code (C628: 2015), clause 5.5.1 of the Telecommunications Consumer Protections Code (C628:2012), and clause 6.4.1 of the Telecommunications Consumer Protections Code (C628:2007).

The ACMA has issued a Direction to Comply with clause 5.5 of the Telecommunications Consumer Protections Code (C628:2019)

Breaches of subsections 14(3) and 15(1) of the Telecommunications Service Provider (NBN Service Migration) Determination 2018 and breach of subsection 101(1) of the Telecommunications Act 1997

The ACMA issued a remedial direction breaching the NBN Service Migration Determination.

Note: On 13 December 2022, the ACMA revoked this remedial direction, effective 1 January 2023, to reflect the upcoming restructure of Telstra’s business, which will see responsibility for compliance with the NBN Service Migration Determination transferring to a different company within the Telstra Group on 1 January 2023.

July 2021

Dec 2022

Breaches of subsection 8(5) of the Telecommunications (Mobile Number Pre-porting Additional Identity Verification) Industry Standard 2020 and breach of subsection 128(1) of the Telecommunications Act 1997.

The ACMA has issued a Formal Warning to comply with subsection 8(5) of the Standard and subsection 128(1) of the Telecommunications Act.

Breaches of subsection 8(5) of the Telecommunications (Mobile Number Pre-porting Additional Identity Verification) Industry Standard 2020 and breach of subsection 128(1) of the Telecommunications Act 1997.

The ACMA has issued a Formal Warning to comply with subsection 8(5) of the Standard and subsection 128(1) of the Telecommunications Act.

Breach of subsection 8(5) of the Telecommunications (Mobile Number Pre-porting Additional Identity Verification) Industry Standard 2020 and breach of subsection 128(1) of the Telecommunications Act 1997.

The ACMA has issued a Formal Warning to comply with subsection 8(5) of the Standard and subsection 128(1) of the Telecommunications Act.

Breaches of the Telecommunications (Service Provider – Identity Checks for Prepaid Mobile Carriage Services) Determination 2017, the Integrated Public Number Database (IPND) service provide rule at subclause 10(2) of Part 4 of Schedule 2 to the Telecommunications Act 1997, subsection 101(1) of the Telecommunications Act, the Industry Code (C555:2017) Integrated Public Number Database and the Industry Code (C555:2020) Integrated Public Number Database.

In relation to the contraventions of the IPND service provider rule, Lycamobile Pty Ltd has paid an Infringement Notice of $604,800. The ACMA has also accepted an Enforceable Undertaking under section 572B of the Telecommunications Act and has issued a Direction to Comply with the IPND Code.

The ACMA issued a Remedial Direction for breaching the Prepaid Determination.

Breaches of subsections 111(1) and (2), and paragraph 111(3)(a), of the Telecommunications Numbering Plan 2015, subsections 462(1) and 68(1) of the Telecommunications Act 1997, and clauses 4.3.9 and 4.4.6 of Industry Code (C540:2013) Local Number Portability

In relation to the Numbering Plan/Telecommunications Act breaches, Telstra Corporation Limited has paid an Infringement Notice of $1,512,000. The ACMA also issued a Direction to Comply with the Local Number Portability Code.

Breach of section 128 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act.

The ACMA issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act.  

Breach of clauses 6.3.1(b), 6.3.1(c), 6.3.7(d), clause 6.3.7(f) of the Industry Code C564:2018 Mobile Phone Base Station Deployment.

The ACMA has issued a Formal Warning in respect to the Industry Code C564:2020 Mobile Phone Base Station Deployment.

Telstra Corporation Limited

Breach of clause 5.5.1 of the Telecommunications Consumer Protections Code Industry Code (C628:2019)

The ACMA has issued a Direction to comply with the Code

Breach of subsection 128(1) of the Telecommunications Act 1997 and subsection 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry

Standard 2018.

The ACMA has issued Formal Warnings for breaching the Complaints Handling Standard.

Breach of subsection 101(1) of the Telecommunications Act 1997, and section 11 and subsections 9(1), 16(2), 16(5) and paragraph 18(a) of the Telecommunications Service Provider (NBN Service Migration) Determination 2018.

The ACMA has accepted an Enforceable Undertaking from TPG Internet Pty Ltd under section 572B of the Telecommunications Act.

Breach of subsections 101(1) and 128(1) of the Telecommunications Act 1997; Section 11 and subsections 9(1), 16(2), 16(5) of the Telecommunications Service Provider (NBN Service Migration) Determination 2018; Subsections 23(1) and 23(4) of the Telecommunications (NBN Continuity of Service) Industry Standard 2018.

The ACMA has accepted an Enforceable Undertaking from Telstra Corporation Limited under section 572B of the Telecommunications Act.

Breach of subsections 101(1) and 128(1) of the Telecommunications Act 1997; Section 11 and subsections 9(1), 16(2), 16(5) and paragraph 18(a) of the Telecommunications Service Provider (NBN Service Migration) Determination 2018; Subsections 23(1) and 23(4) of the Telecommunications (NBN Continuity of Service) Industry Standard 2018.

The ACMA has accepted an Enforceable Undertaking from Optus Internet Pty Ltd under section 572B of the Telecommunications Act.

Breach of subsection 101(1) of the Telecommunications Act 1997, and section 11 and subsections 9(1), 16(2) and 16(5) of the Telecommunications Service Provider (NBN Service Migration) Determination 2018.

The ACMA has accepted an Enforceable Undertaking from Dodo Services Pty Ltd under section 572B of the Telecommunications Act.

ATS Telecoms Pty Ltd

Breach of section 128 of the Telecommunications (Consumer Protection and Service Standards) Act 1999

and subsection 101(1) of the Telecommunications Act.

The ACMA has issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act.

July 2020

Dataphone Pty Ltd

Breach of section 128 of the Telecommunications (Consumer Protection and Service Standards) Act 1999

and subsection 101(1) of the Telecommunications Act.

The ACMA has issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act.

July 2020

Bottle Communications Pty Ltd

Breach of Compliance with subsection 128(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; and

subsection 68(1) of the Telecommunications Act.

The ACMA has issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act.

July 2020

Essential Online Pty Ltd

Breach of section 128 of the Telecommunications (Consumer Protection and Service Standards) Act 1999

and subsection 101(1) of the Telecommunications Act.

The ACMA has issued a Formal Warning for breaching the TCPSS Act and the Telecommunications Act.

July 2020

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Formal Warning for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Remedial Direction for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Remedial Direction for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Remedial Direction for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Remedial Direction for breaching the Act and a Formal Warning for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1 and 4.2.25 of the Integrated public Number Database Industry Code (C555:2017).

The ACMA has issued a Remedial Direction for breaching the Act and a Formal Warning for breaching the IPND Code.

CCS Comms Pty Ltd

Breach of section 132 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 101(1) of the Telecommunications Act.

The ACMA issued a Remedial Direction to CCS Comms Pty Ltd.

Formal Warning for breaching:

Clause 6.5.2(j)(iii) of the Telecommunications Consumer Protections Code (C628:2012) Clause 6.5.2(j)(iii) of the Telecommunications Consumer Protections Code (C628.2015). The conduct would have contravened clause 6.5.6 of the Telecommunications Consumer Protections Code C628:2019 if it had occurred after the Telecommunications Consumer Protections Code 2019 was registered.

Breach of paragraphs 19(2)(a) and 19(2)(b) of Schedule 2 to the Telecommunications Act 1997

Formal warning following an investigation that found it had contravened multiple provisions of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

TransACT Capital Communications Pty Ltd

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 101(1) of the Telecommunications Act 1997 and clauses 4.2.1, 4.2.11 and 4.2.25 of the Integrated Public Number Database Industry Code (C555:2017)

The ACMA has issued a Remedial Direction for breaching the Act and a Direction to Comply for breaching the IPND Code.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Breach of subsection 128(1) of the Telecommunications Act 1997 and paragraph 7(1)(a) of the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

ACMA has issued a Formal Warning.

Telstra Corporation Limited

Breach of subsection 68(1) of the Telecommunications Act 1997 and paragraph 19(2)(b) of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 relating to priority assistance

The ACMA issued a remedial direction.