Member Article

Rapid innovation and convergence in the TMT space in Australia, together with an ever-changing legal and regulatory environment, means that TMT organisations must constantly re-evaluate, and in some cases entirely re-engineer, their business models and strategies. This chapter, contributed by partners Anthony Lloyd, Paul Kallenbach and Paul Schoff, discusses the different laws and regulations that impact the TMT space in Australia.

I OVERVIEW
TMT organisations in Australia face many challenges in maintaining competitive advantage and leveraging new opportunities. Rapid innovation and convergence in this space, together with an ever-changing legal and regulatory environment, means that TMT organisations must constantly re-evaluate, and in some cases entirely reengineer, their business models and strategies. The federal government department with responsibility for TMT matters is the Department of Broadband, Communications and the Digital Economy. The main regulator for TMT matters in Australia is the Australian Communications and Media Authority (ACMA) and TMT matters are governed by different laws and regulations, as described in further detail below.

II REGULATION
i The regulators There are two government bodies that regulate TMT matters in Australia: ACMA and the Australian Competition and Consumer Commission (ACCC).

ACMA is responsible for the regulation of broadcasting, the internet, radio communications and telecommunications. ACMA carries out its compliance and enforcement activities under the provisions of the Broadcasting Services Act 1992, the Radiocommunications Act 1992, the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999, the Spam Act 2003, the Do Not Call Register Act 2006, the Interactive Gambling Act 2001 and related legislative and other instruments, including industry codes of practice.

The ACCC is responsible for administering the access regime that applies to telecoms carriers and telecoms-specific anti-competitive conduct, and the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (the CCA, formerly the Trade Practices Act). End user complaints are also addressed through the Telecommunications Industry Ombudsman, a free and independent alternative dispute resolution scheme for small business and residential consumers in Australia with unresolved complaints about their telephone or internet services.