Telecommunications Legislation Amendment (Consumer Protection) Act 2014
An Act to amend legislation relating to telecommunications, and for other purposes
1 Short title
Cites this Act as the Telecommunications Legislation Amendment (Consumer Protection) Act 2014.
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.5
2 Commencement
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.6
1 Section 1
28 February
2 Section 2
1 March 2014
3 Section 3
28 August 2014
4 Section 4
12 March 2014
Note: This table relates only to the provisions of this Act as originally enacted.
3 Schedule(s)
Amendments and repeals of Acts specified in a Schedule.
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.7
1 Section 4
Defines 'give effect to' in relation to a contract, arrangement or understanding.
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.8
2 Paragraph 11(9)(b)
3 Paragraph 12(1)(a)
Prohibit telemarketing calls without effect from the other party.
4 Paragraph 12(1)(c)
Omit 'covered by', substitute 'that are made in order to give effect to'
5 Paragraph 12B(10)(b)
6 Paragraph 12C(1)(a)
Prohibit sending marketing faxes without consent.
7 Paragraph 12C(1)(c)
Omit “covered by”, substitute ‘that are sent in order to give effect to’.
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.9
8 Subparagraph 117(1)(e)(i)
9 At the end of paragraph 117(1)(e)
Compliance with publication requirements is required.
10 Subparagraph 117(1)(f)(i)
11 At the end of paragraph 117(1)(f)
12 After section 119
119A Variation of industry codes
119B Publication requirements for submissions
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.12
119B(1) Publication requirements for submissions
Publication requirements for submissions
(i) subparagraph 117(1)(e)(iii); (ii) subparagraph 117(1)(f)(iii); (iii) subparagraph 119A(1)(e)(iii); (iv) subparagraph 119A(1)(f)(iii)
119B(2) Publication requirements for submissions
Must publish submissions on its website.
119B(3) Publication requirements for submissions
119B(4) Publication requirements for submissions
Exemptions from publication requirements for submissions with confidential or commercially sensitive material
Granting permission to the body or association not to publish submission material
119B(5) Publication requirements for submissions
Publish statement if material is removed from submission before publishing
statement to the effect that confidential or commercially sensitive material has not been published
Must publish statement if material is removed from submission before publishing
13 Subsection 120(1)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.14
14 Subsection 120(1)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.15
15 Subsection 120(2)
16 Paragraph 136(1)(a)
Insertion of clause after Part 136(1)(a)
17 Division 6A of Part 6 (heading)
Insertion of 'or variation' after 'development'
18 Section 136A (heading)
Insert 'or variation' after 'development'
19 Subsection 136A(1)
20 Subsection 136A(1)
21 Subparagraph 136A(2)(c)(i)
22 Section 136B (heading)
23 Before subsection 136B(1)
24 Subsection 136B(1)
25 After subsection 136B(2)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.16
25(2A) After subsection 136B(2)
Must declare if application meets certain conditions
25(2B) After subsection 136B(2)
Refusal to make declaration if ACMA is not satisfied
Prohibits making declaration if ACMA is not satisfied
ACMA's satisfaction with matters set out in subsection (2A)
26 Section 136C (heading)
27 Subsection 136C(1) (heading)
Repeal heading and substitute with new text
28 After subsection 136C(3)
28(3A) After subsection 136C(3)
ACMA must determine that the body or association is entitled to be paid a specified amount if certain conditions are met.
ACMA has an obligation to determine that the body or association is entitled to be paid a specified amount if certain conditions are met.
a section 136B declaration was made in relation to the variation of an industry code by a body or association
the ACMA must, by written notice given to the body or association, determine that the body or association is entitled to be paid a specified amount.
28(3B) After subsection 136C(3)
Total costs must be equal to specified amount
29 Subsection 136E(1)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.18
30 Subsection 136E(1)
Insert 'or varying the code, as the case may be,' after 'developing the code'.
31 At the end of section 128
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.19
31(8) At the end of section 128
Compliance with standards is an obligation.
31(9) At the end of section 128
The Minister may determine standards by legislative instrument.
31(10) At the end of section 128
Must consider certain matters when making a determination
(10) In making a determination under subsection (9), the Minister must...
The Minister MUST have regard to the following matters:
The consideration period is BETWEEN the time the determination is made and the end of section 128.
The consideration period is BUT the time the determination is made.
Spread of consideration to other matters
(a) accessibility; (b) independence; (c) fairness; (d) accountability; (e) efficiency; (f) effectiveness.
The matter is considered ACCESSIBLE if it is related to accessibility.
(g) such other matters (if any) as the Minister considers relevant.
The matter is considered RELEVANT if the Minister considers it so.
31(11) At the end of section 128
Consultation requirement before making a determination under subsection (9)
...before making a determination under subsection (9)
32 At the end of Part 6
133A Reviews of the Telecommunications Industry Ombudsman
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.20
133A(1) Reviews of the Telecommunications Industry Ombudsman
Must conduct reviews of the operation of the Telecommunications Industry Ombudsman scheme.
133A(2) Reviews of the Telecommunications Industry Ombudsman
Completion of first review within 3 years after section commencement.
Obligation to complete review within timeframe.
133A(3) Reviews of the Telecommunications Industry Ombudsman
Each subsequent review must be completed within 5 years after the completion of the previous review.
Obligation to complete reviews within a certain timeframe.
133A(4) Reviews of the Telecommunications Industry Ombudsman
Review must be conducted by an independent person or body.
Review must be conducted by a person or body...
133A(5) Reviews of the Telecommunications Industry Ombudsman
Public consultation and consultation with the Telecommunications Industry Ombudsman and ACMA are required for a review.
Obligation to provide public consultation and consultation with the Telecommunications Industry Ombudsman and ACMA.
The review contains a temporal interval that must be reviewed within a certain timeframe.
The review is part of a larger trace that must be followed.
133A(6) Reviews of the Telecommunications Industry Ombudsman
Must prepare and provide report to the Telecommunications Industry Ombudsman
Obligation to prepare and provide report
133A(7) Reviews of the Telecommunications Industry Ombudsman
Must give a copy of the report to the Minister and publish it on the website.
133A(8) Reviews of the Telecommunications Industry Ombudsman
Must respond to recommendations within 6 months
133A(9) Reviews of the Telecommunications Industry Ombudsman
Completion of a review is determined by the Telecommunications Industry Ombudsman receiving the report.
Temporal relation between review completion and receipt of report
The report is given to the Telecommunications Industry Ombudsman.
33 Subparagraph 119A(1)(k)(i)
Substitute Australian Privacy Principles for National Privacy Principles.
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.22