Who must comply with Telecommunications Consumer Protections (TCP) Code?

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

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.

Applies when the business has industry: Telecommunications carriers / CSPs.

How the regulator frames it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

Structure does not change the answer in telecommunications carriers / csps: for every structure the answer is "yes".

Size does not change the answer in telecommunications carriers / csps: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in telecommunications carriers / csps with 6–19 employees, turnover $1M–$3M: applies. Industry: Telecommunications carriers / CSPs.
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Telecommunications carriers / CSPs.

When due

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

Frequency

Ongoing

Evidence to keep

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.

Status

Current

Priority

High

Maximum 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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 4: the engine uses the same rule for each.

• Comply with the Reducing Scam Calls and Scam SMs Industry Code
• Comply with Customer Service Guarantee (CSG) for standard phone services
• Telco data retention — 2 years (Part 5-1A Telecommunications Act)
• Customer Service Guarantee (CSG)

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

• Comply with Basic Online Safety Expectations + industry codes: applies to 100% of the same businesses (11.7× the overall rate)
• Comply with online safety industry codes (Phase 1 + 2): applies to 100% of the same businesses (11.7× the overall rate)

Rules Mate tracks 5 published obligations tagged "telecommunications", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulated by Australian Communications and Media Authority.

ACMA: Telecommunications, broadcasting, radio, and online content regulator. Administers Spam Act, Do Not Call Register, telecom consumer codes.

• Australian Communications and Media Authority

Telecommunications Act 1997: Federal telecom regulation.

• Telecommunications Act 1997

Free tools that help with this obligation:

• Compliance calendar builder