Given the recent federal election, IAA’s policy team has largely worked on publications related to the election in May. We published our 2022 IAA Election Wish List, outlining the policies we would like to see adopted by the political parties. We also released our 2022 Election – Policy Assessment evaluating the policy platform of the major political parties in comparison to our Election Wish List. 

Unrelated to the election, we also released a Customer Identity Authentication whitepaper to provide information and guidance on the new ACMA rules and steps that members will need to implement in order to ensure compliance with the new rules by 30 June 2022. We hope you find this guide useful. 

5 Year Independent Review | Telecommunications Industry Ombudsman
In our submission to the Independent Review, we raised the concerns of industry, particularly relating to the inherent issues in the TIO’s complaints handling structure and costs model. We noted that this inherently affects the ability of the TIO to meet industry benchmarks. 

Statutory Review | Department of Treasury
We primarily focused on the need to ensure that the costs to industry are being properly considered and that there is a commitment to ensuring rules will realise actual benefits for consumers. 

Industry Guidance on the Carrier Separation Rules | ACCC
In our response, we raised attention to obligations not specified directly in the rules but contained in the written notice to avoid any confusion.  

Completed Submissions

Telecommunications Sector Security Instruments | Department of Infrastructure, Transport, Regional Development and Communications | 29 March 2022
The DITRIC has drafted new conditions and rules for carriers and CSPs to apply equivalent security measures for the telecommunications sector to those under the Security Legislation Amendment (Critical Infrastructure) Act 2021 which is currently in place for other sectors. Our response predominantly commented on the breadth of scope which would impose unnecessary burdens and substantial costs on industry, and the lack of clarity provided in the instruments regarding the definition of key terms. 

Digital Platform Services Inquiry – September 2022 Report | ACCC | 1 April 2022
This inquiry is part of the ACCC’s five-year Digital Platform Inquiry for its September 2022 Report and follows the release of its fifth interim report. In our response, we focused on the need to ensure appropriate regulation over the digital landscape which fosters competition in the industry as well as improve the protection of consumers.   

Consumer Data Right Rules and Standards Paper for the Telecommunications Sector | Department of the Treasury | 5 April 2022 
Following the formal designation of the telco sector earlier this year, the federal Treasury has sought input for the development of rules which would apply to the sector. In general, we raised concerns about the disproportionate costs for industry and supported the introduction of a limitation threshold to provide exemptions for smaller organisations.  

Open Submissions  

NBN Co Special Access Undertaking – Long Term Revenue Constraint Methodology draft determination 2020-21 | 13 May 2022
The ACCC is seeking input to assist their assessment of whether NBN Co has complied with the criteria for their annual LTRCM determination. 

Independent Review | Telecommunications Industry Ombudsman | 15 May 2022
Public consultation for the Telecommunications Industry Ombudsman (TIO) is currently underway as part of its independent five-year review. The consultation is seeking feedback from industry in regard to the TIO’s accessibility, fairness, accountability, efficiency, effectiveness and land access (amongst other concerns). 

National Data Security Action Plan Discussion Paper | Department of Home Affairs | 10 June 2022
The Department of Home Affairs has released a discussion paper for consultation on the development of the National Data Security Action Plan. 

Please get in touch at policy@internet.asn.au to share any concerns or feedback we can incorporate into our submission for these open consultations.

Completed Submissions

2022 Broadband Speed Claims Guidance Consultation | ACCC | 25 February 2022
The ACCC’s proposed updated guidance includes six principles regarding expectations for network operators, RSPs and consumers, and is part of ongoing periodic reviews by the Commission.  

We responded to the Commission regarding its 2022 Broadband Speed Claims Guidance. On the whole, we expressed our support for the principles driving the Industry Guidance but asked for greater clarification, and guidance to be provided, particularly for our members who are smaller RSPs.   

Review of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 | Parliamentary Joint Committee on Intelligence and Security | 1 March 2022

Following consultations which closed in early February, the SLACIP Bill has been submitted to the PJCIS for review. We submitted our response to the PJCIS’ Inquiry into the Bill and particularly noted our grave concerns with the extreme speed at which the Department of Home Affairs is pushing the Bill, despite its inclusion of some potentially very problematic powers that will see businesses being required to download government software.  

Following our response, we were invited by the PJCIS to attend and provide evidence to their public hearing into the Review of the SLACIP Bill on 16 March, where we reiterated our concerns at the hearing. Their report on this has been released, and we are now assessing its impact. 

Code C661:2022 Reducing Scam Calls and Scam SMS | Communications Alliance | 11 March 2022
In our response to the updated Industry Code which expanded the code’s scope to include scam SMS, we expressed our general support for the draft code, but also raised some issues. In particular, we advised against the requirement to block originating numbers outside a CSP as it could greatly impede competition in the telco sector. We believe it should be sufficient that members validate the number ownership before routing given the dominance of certain players in the 13—  number space. 

Open Submissions

Security information obligations for carriers and eligible carriage service providers | Department of Infrastructure, Transport, Regional Development and Communications | 29 March 2022
DITRDC is requesting consultation on new Rules for carriers and carriage service providers to apply equivalent security measures for the telecommunications sector as under the Security Legislation Amendment (Critical Infrastructure) Act 2021 for other sectors. Under these new rules, essentially all carriers and carriage service providers will be subject to the obligations which include providing information to the Secretary of Home Affairs to be kept on a register, as well as mandatory incident reporting scheme. 

Consumer Data Right rules and standards design paper for telecommunications sector | Department of Treasury | 29 March 2022
The Treasury is seeking input into the Rules and Standards that have been developed following the sector’s designation in December 2021, with which we were also involved.  

Digital Platform Services Inquiry | ACCC and others | 1 April 2022
A coalition of regulatory bodies is embarking on an inquiry into Digital Platform Services. This inquiry is part of the ACCC’s five-year Digital Platform Inquiry and follows the release of its fifth interim report. The Discussion Paper considers and invites submissions as to whether the current competition and consumer protection laws are sufficient to address the harms identified in the inquiry.