Despite the success of some ‘world-first’ industry-led initiatives, ACMA’s decision reflects calls for more direct regulation of the telecoms sector
ACMA’s replacement of the current TCP code with an enforceable industry standard marks an end to self-regulation
On 27 March 2026, the Australian Communications and Media Authority (ACMA) announced that it will introduce an enforceable industry standard to replace the current Telecommunications Consumer Protections (TCP) Code. The code was developed by industry and has received criticism that it does not do enough to protect consumers. According to Nerida O’Loughlin (Chair, ACMA), a direct industry standard will provide stronger protections for consumers, stating that consumer reliance on telecoms is “far greater today” than it was when the code came into force in 2019. She added that recent issues caused by network outages, Triple Zero (i.e. emergency services) unavailability, the 3G shutdown process and irresponsible selling have “further undermined confidence” in the sector’s commitment to its customers. ACMA’s decision follows an extensive consultation process that began in July 2023 alongside the Australian Telecommunications Alliance (ATA). Under the Telecommunications Act 1997, industry has the opportunity to develop codes of practice before ACMA can enforce a standard of its own, in line with the Telecommunications Act 1997.
ACMA rejected two attempts by operators to strengthen the code
The ATA’s draft consumer protection code was rejected by ACMA in October 2025, being described by the regulator as disappointing. The ATA proposed a second draft of the code the following month, which was also rejected. ACMA considered the proposed consumer safeguards insufficient in several key areas, including: responsible selling, credit assessments, disconnection and the transparency of information regarding mobile coverage. ACMA’s decision to reject the draft codes and implement its own was supported by the Fair Call Coalition, a group of over 20 consumer advocacy organisations led by the Australian Communications Consumer Action Network (ACCAN). The coalition cited issues surrounding high-pressure sales practices and unexpected contract changes, with an ACCAN survey finding that 22% of consumers felt pressured to purchase a more expensive contract than they had initially wanted. Carol Bennet (CEO, ACCAN) described the decision as a “watershed moment” for the telecoms sector, stating that direct regulation is “the only way to ensure Australians are treated fairly”.
Australia’s pioneering system of co-regulation has demonstrated varied levels of success in protecting consumers
ACMA’s decision to enforce its own standard follows criticism from various organisations regarding the existing system of co-regulation. This approach, which has made Australia stand out among its peers, has previously resulted in the development of ‘world-first’ codes, such as the Reducing Scam Calls Industry Code (2020), which was followed up by the Reducing Scam Calls and Scam SMS Code (2022). However, the model has been less successful in contexts where the interests of the regulator and the operator do not closely align. In recent years, poor compliance with consumer protection codes has led ACMA to formalise industry-led safeguards into enforceable standards, including for complaint handling, financial hardship obligations and protections for people experiencing domestic and family violence. The Australian Government has also introduced the Telecommunications Amendment (Enhancing Consumer Safeguards) Bill 2025, which would amend legislation to give the regulator new and enhanced enforcement tools. If the bill is passed, ACMA will be able to directly issue an infringement notice in the event of non-compliance, rather than having to issue a direction to comply to operators in breach of a code before it can take further action. The bill would also raise the maximum penalty ACMA can access from A$250,000 (£131,027) to approximately A$10m (£5.2m).
