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.  

Completed Submissions
We’ve had a busy month in February, responding to four consultations, three of which were for the Minister of Home Affairs! 

Draft Rules Register of Critical Infrastructure & Mandatory Reporting Scheme | 1 February 2022 
These Draft Rules would introduce additional security obligations for select industry members who are deemed as critical infrastructure assets. In our response, we emphasised the need for a measured approach that will reduce the obligatory burdens for businesses on behalf of our members in the domain name system and data processing or storage sectors who could become subject to the new rules. 

Exposure Draft Security Legislation Amendment (Critical Infrastructure Protection) Bill | 1 February 2022
This Bill, forming part two of the Security Legislation Amendment (Critical Infrastructure) Act enacted in December 2021 would introduce a Risk Management Program and enhanced security obligations for industry members. We requested that thresholds and definitions be clearly and appropriately regulated to ensure only necessary entities will become subject to the likely burdensome obligations under the new Act. 

Electronic Surveillance Framework Discussion Paper | 11 February 2022
In addition to the joint organization letter, we responded to the proposed major overhaul of Australia’s electronic surveillance system, particularly on behalf of our members. In our response, we focused on the potentially adverse impacts, particularly for smaller businesses as well as advocating for the broader public interest in ensuring government powers remain balanced and subject to appropriate oversight. 

Telecommunications Service Provider (Customer Identity Authentication) Determination 2022 | ACMA | 15 February 2022
Following our submission to the Customer Identity Authentication Determination last December, ACMA has invited us for further consultation on the revised Draft Determination along with other targeted stakeholders. We responded to their queries regarding existing systems on behalf of our members and requested greater time to be provided to businesses prior to the Determination coming into effect so that members can implement the requisite systems and processes. Furthermore, we opposed the inclusion of the Determination into the revised Telecommunications (Listed Infringement Notice Provisions) Declaration following its sunset in April 2022. We expressed it would be unfair to impose penalties on entities for failure to comply with new systems in the near future whilst systems were still being implemented. 

Open Submissions

2022 Broadband Speed Claims Guidance Consultation | ACCC | 25 February 2022
ACCC is seeking to review its Broadband Speed Claims – Industry Guidance 2020 (Guidance). This updated Guidance includes six principles regarding expectations for network operators, RSPs and consumers, and is part of ongoing periodic reviews by the Commission.  

The Attorney General’s office will be concluding its public hearing on the Social Media (Anti-Trolling) Bill 2021. This Bill addresses the High Court decision in Fairfax Media Publications v Voller [2021], which saw Australians who maintain a social media page may be liable for defamatory comments posted on their page by others to provide some protection from defamation liability.

IAA is excited to announce the formation of the IAA Public Policy Advisory Panel (PPAP). We are seeking applications from interested members with diverse experience across the Internet sector bringing industry knowledge and expertise to inform IAA’s policy positions and provide advice on Internet regulation. Whether you’re in the regulatory section of your organisation or have experience and a keen interest in Internet policy, we need your help to make Internet regulation better!

The PPAP will consist of 5 to 10 members, who will advise and make recommendations on IAA policy positions.

It’s important we get a range of viewpoints from right across our membership. We are looking for a Panel that will provide a diverse perspective: ranging from B2C or B2B ISPs, content providers, ISPs operating in regional locations, and Internet policy or governance experts from organizations ranging from small to large. Your real world, on the ground experience dealing with the realities of how the regulation hits your work will be invaluable.

Once chosen (and approved by the IAA Board), panellists will serve annual terms for up to three years and act in a voluntary capacity. We expect the PPAP will meet up to four times per year and participate in vibrant discussion.

If you are interested in having a say in the formation of the policy positions IAA takes, please submit an application through our website.

Applications close 28 February 2022, 5:00pm AEDT.