TCP Code – update and next steps

(Listed in reverse chronological order)

December 2024 update

The ACMA wrote to CA on 16 December to advise that it was comfortable for the Code to progress to public consultation.

See Stage 3 Formal consultation

November 2024 update

The ACMA wrote to CA on 4 November advising that ‘The Authority considers that the revised drafting of Chapters 5 and 6 (and associated key definitions) sufficiently addresses the issues raised for it not to commence the necessary processes to introduce direct regulation at this time [subject to CA addressing listed issues]. As noted below, it is anticipated that a revised draft Code will be available for an extended public comment period in mid-December.

October 2024 update

The ACMA provided feedback on the May draft Code on 29 August. It acknowledged the extensive work undertaken to date on the Code and the new or enhanced consumer protections in many areas but noted that the Code needed to be uplifted on a number of fronts. The ACMA raised significant concerns about responsible selling protections, including sales incentive structures, and also highlighted concerns about commencement timeframes, the definition of ‘consumer’, and the proposed performance measurement framework. It also advised that protections relating to domestic and family violence (DFV) would be managed separately. The ACMA wrote to CA on 14 October advising that the Minister for Communications had announced that she would direct the ACMA to make an Industry Standard to protect victim-survivors of DFV.

The ACMA asked for ‘early assurance that the industry is willing to make further commitments around sales practices, consistent with the feedback provided’, and to address other priority matters identified by the ACMA prior to publication, with a new draft to be submitted to the Authority prior to that time. The ACMA reiterated that should the concerns not be adequately addressed, it remained open for it to pursue direct regulation in any area of remaining concern.

CA provided this assurance and asked to meet with the ACMA to work through all issues of concern.

Revised drafting addressing sales-related issues was subsequently provided to the ACMA on 18 October. The ACMA staff and the CA TCP Drafting Committee are continuing bi-lateral meetings to review and address other priority matters.

It is anticipated that a revised draft Code will be available for an extended public comment period in mid-December.

Near-complete draft Code submitted to the ACMA for feedback (‘May package’)

On 20 May, CA submitted a near-complete draft TCP Code to the ACMA for consideration, along with additional commentary/information about how key issues and stakeholder comments had been managed.

The ‘package’ was also provided to the Review Committee, which has been asked to provide written comments by 24 June to allow the TCP Drafting Committee to consider its comments in parallel with feedback from the ACMA.

The package is available HERE.

NOTE

A Comment Log detailing comments received on, and the Drafting Committee's response to, the December and March packages is available HERE.

The comment logs from stage 1 of the TCP review have been reviewed to check whether all issues have been addressed and where relevant, to include brief notes on why/how they have been addressed in the way they have. The updated and combined log is available HERE.

It is requested that those reviewing the Code and providing feedback consider the positions in all the comment logs and other collateral that forms part of this review process (December package position paper details; May package addendum, etc). This is an important part of an iterative process as issues may have been addressed in a particular way to balance different stakeholder perspectives, or to take account of rules or regulations in different instruments that the commenter may not be aware of.

Payment Methods

On 14 March, CA submitted drafting and a paper to the ACMA on payment-related issues. (HERE).

The ACMA’s response (of 9 April) is available HERE.

ACMA Feedback on the 14th December ‘TCP Code Package’

In early February, the ACMA Chair and Agency Head wrote to CA to advise that the Authority was largely comfortable with CA continuing its Code development process provided it addresses ACMA feedback on a number of identified key issues. This includes ensuring that the Code mandates that "direct debits/auto-payments are not the only payment method offered, with at least one alternative being offered fee-free to all customers with similar flexibility".

The ACMA requested that industry provide reconsidered views on the issue of payment methods by 14 March, with drafting to address the remaining matters of concern by 3 May (subsequently extended to 20 May).  The letter from the ACMA is available here.

Next steps

The table below outlines the key steps and associated timeframes for further code development. It was developed with input from key stakeholders, with further input sought through the Review Committee (RC).

Full details, including the rationale for the proposed approach, are included in the 28 February 2024 correspondence to the RC, available here.

Ongoing invitation to comment

In line with CA’s commitment to transparency and constructive engagement, it will continue to post regular updates on its website, and welcomes constructive stakeholder engagement at any time. (email: info@commsalliance.com.au)

Consultation key steps - TCP Code development 2024 (Listed in reverse chronological order)

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