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Comply with Telecommunications Consumer Protections (TCP) Code

Telcos must comply with the binding TCP Code covering credit assessment, billing, complaint handling and unwelcome contact.

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Who must comply

Carriage service providers supplying telecommunications products to consumers, including mobile, fixed-line and NBN retail providers of every size (the ACMA's published actions include small resellers as well as national carriers).

What triggers it

Supplying telecommunications products or services to consumers in Australia.

When due

Continuously in every customer interaction; the compliance attestation documents are lodged annually under Chapter 9 of the code.

Evidence required

Annual compliance attestation and supporting documents; registration with Communications Alliance; advertising and sales information records; credit assessment records; billing, payment-method and complaint-handling procedures and registers; switching and transfer consent records.

Max penalty

The ACMA can issue a formal warning or a direction to comply with the code; contravening a direction breaches section 121(2) of the Telecommunications Act 1997, a civil penalty provision (up to $250,000 per contravention for a body corporate, $50,000 for others: s 570(3)(b), (4)(b)), and can attract an infringement notice or court proceedings. Telstra paid an infringement notice of $3,010,320 after breaching a direction to comply with the TCP Code

Who must comply with this? The applicability test by industry, business structure and size.

Summary

The Telecommunications Consumer Protections Code (C628:2019, incorporating Variation No.1/2022) is an industry code on the ACMA's register of telco industry codes. It protects customers of mobile, landline and internet services, including NBN, and sets rules on how providers communicate and deal with customers, what they may say in advertising and sales information, billing and disputes, the ways customers can pay, credit assessment for new customers and helping customers switch providers. Chapter 9 requires providers to register with Communications Alliance and lodge annual documents attesting to compliance, which the industry's compliance monitoring body assesses. Where a provider breaks the code, the ACMA investigates and can issue a formal warning or a direction to comply, and failing to follow a direction is a contravention of the Telecommunications Act 1997. The ACMA publishes a quarterly summary of its telco consumer protection actions.

Enforced by

Source legislation

Industries

Topics

telecommunicationstcpconsumer-protection

Related

Frequently asked questions

Who must comply with Telecommunications Consumer Protections (TCP) Code?
Carriage service providers supplying telecommunications products to consumers, including mobile, fixed-line and NBN retail providers of every size (the ACMA's published actions include small resellers as well as national carriers).
What triggers Telecommunications Consumer Protections (TCP) Code?
Supplying telecommunications products or services to consumers in Australia.
When is Telecommunications Consumer Protections (TCP) Code due?
Continuously in every customer interaction; the compliance attestation documents are lodged annually under Chapter 9 of the code.
What is the maximum penalty for Telecommunications Consumer Protections (TCP) Code?
The ACMA can issue a formal warning or a direction to comply with the code; contravening a direction breaches section 121(2) of the Telecommunications Act 1997, a civil penalty provision (up to $250,000 per contravention for a body corporate, $50,000 for others: s 570(3)(b), (4)(b)), and can attract an infringement notice or court proceedings. Telstra paid an infringement notice of $3,010,320 after breaching a direction to comply with the TCP Code
What evidence is required for Telecommunications Consumer Protections (TCP) Code?
Annual compliance attestation and supporting documents; registration with Communications Alliance; advertising and sales information records; credit assessment records; billing, payment-method and complaint-handling procedures and registers; switching and transfer consent records.

Source: https://www.acma.gov.au/telecommunications-consumer-protections-code. Rules Mate is not a law firm. Always verify against the live regulator source before acting.