Recent issues of Snapshot (Feb 6 2009) have focused on the regulatory environment faced by the industry including the opportunity to use co-regulatory arrangements via industry codes as defined under the Telecommunications Act (1997).

AMTA is a strong supporter of this approach given the cumbersome, potentially burdensome and costly nature of regulation defined in detail via legislation, particularly in a sector as dynamic as telecommunications. Indeed, the Act recognises this explicitly.

However, recent concerns about the industry code development process have caught the attention of Minister Conroy who has responded by calling a review of consumer related industry code processes.

The Minister has issued a blunt warning to industry:

“If co-regulation is to remain viable, industry must ensure that the code processes are more responsive to consumer needs.”

In addition the Minister has identified increased enforcement as a key issue:

“Improving the code development process is only one piece of the puzzle and effective consumer protection should be supported by an increased emphasis on enforcement.”

The Review, being conducted by the Dept of Broadband Communications and the Digital Economy (DBCDE) is part of a broader focus on consumer protection initiatives noted in the Issues Paper as follows:

This review of consumer-related industry code processes will complement other initiatives that have recently been developed in the telecommunications and broader national consumer protection spheres, including:

the establishment of the Australian Communications Consumer Action Network (ACCAN)

the investigation into international mobile roaming charges

the introduction of additional enforcement powers for the Australian Communications and Media Authority (ACMA), and

the national consumer law reforms.

AMTA will be responding to the Review, including working with the Communications Alliance – the industry organisation with a primary role in the co-regulatory environment.

Minister Conroy’s press release.