Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Act 2025
No. 50, 2025
An Act to amend the law relating to telecommunications, and for related purposes
Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Act 2025
No. 50, 2025
An Act to amend the law relating to telecommunications, and for related purposes
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Part 1—Main amendments
Telecommunications (Consumer Protection and Service Standards) Act 1999
Part 2—Consequential amendments
Telecommunications Act 1997
Part 3—Amendments of references to emergency services
Telecommunications Act 1997
Telecommunications (Consumer Protection and Service Standards) Act 1999
Part 4—Increased civil penalties
Telecommunications Act 1997
Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Act 2025
No. 50, 2025
An Act to amend the law relating to telecommunications, and for related purposes
[Assented to 30 October 2025]
The Parliament of Australia enacts:
This Act is the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Act 2025.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 31 October 2025 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 Section 4
After:
• The ACMA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services.
insert:
• The ACMA may also give ECS directions that require information to be provided and certain action to be taken in relation to emergency call services.
• The Triple Zero Custodian has functions relating to emergency call services, and may request the ACMA to give an ECS direction.
2 Subsection 5(2)
Insert:
Custodian means the Triple Zero Custodian established under section 151J.
ECS direction means a direction in force under section 151A.
ECS information has the meaning given by subsection 151F(1).
ECS matter has the meaning given by subsection 151A(1).
ECS outage event has the meaning given by subsection 151A(4).
3 Subsection 5(2) (paragraphs (a) and (b) of the definition of eligible administrative costs)
Repeal the paragraphs, substitute:
(a) remuneration, and other employment‑related costs and expenses, in respect of APS employees whose duties relate to the following (the eligible matters):
(i) the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2 (public interest telecommunications service contracts and grants);
(ii) the performance of the Custodian’s functions, or the exercise of the Custodian’s powers, under Divisions 3, 4, 5 and 6 of Part 8 (Triple Zero Custodian); or
(b) any other costs, expenses and other obligations incurred by the Commonwealth in connection with the eligible matters;
4 Before section 146
Insert:
5 At the end of section 146
Add:
• The ACMA may also give those persons an ECS direction, requiring them to provide information or consult with other persons in relation to emergency call services, or take certain action to develop policies, procedures and processes relating to emergency call services.
• The Triple Zero Custodian has functions relating to emergency call services, and may request the ACMA to give an ECS direction.
6 Before section 147
Insert:
7 At the end of Part 8
Add:
(1) The ACMA may give a carrier, a carriage service provider or an emergency call person that is not an individual (the recipient) a written direction under subsection (2), (3) or (5) in relation to the following matters (the ECS matters):
(a) the provision of access to an emergency call service;
(b) the operation of an emergency call service;
(c) the receiving, handling, transfer or carriage of calls to an emergency service number;
(d) the handling, transfer or carriage of calls made by an emergency call person to an emergency service, or a service for despatching an emergency service, in connection with a call to an emergency service number;
(e) matters that may affect, or be affected by, a matter mentioned in paragraph (a), (b), (c) or (d) in a manner that may pose a risk to the safety of the public or a section of the public.
Note 1: The ACMA may give an ECS direction on its own initiative or on request by the Custodian (see section 151L).
Note 2: The ACMA must give a copy of the direction to the Custodian as soon as practicable (see section 151C).
Direction to provide information relating to an ECS matter
(2) The direction may require the recipient to provide to the ACMA information relating to an ECS matter, including information on any of the following:
(a) policies, procedures or processes relating to an ECS matter;
(b) the installation, operation, maintenance or testing of network units, cabling, equipment, facilities, networks or software which relate to an ECS matter.
Direction to provide information on a specified ECS outage event
(3) The direction may require the recipient to provide to the ACMA information relating to a specified ECS outage event, including the following information:
(a) details about the nature of the ECS outage event;
(b) details about the services impacted by the ECS outage event;
(c) details (including timeframes) relating to restoration and other actions to deal with the ECS outage event and its impact;
(d) details about locations related to the ECS outage event;
(e) details about the effects of the ECS outage event, including the effects on any of the following (affected entities):
(i) carriers;
(ii) carriage service providers;
(iii) emergency services or services for despatching emergency services;
(iv) Departments, agencies or authorities of the Commonwealth, a State or a Territory;
(f) information relating to infrastructure affected by or related to the ECS outage event;
(g) data on network performance and management before, during or after the ECS outage event;
(h) details about the recipient’s interactions with other persons in relation to the ECS outage event, including with any affected entity;
(i) details of the recipient’s public or internal communications relating to the ECS outage event.
(4) An event is an ECS outage event if the Custodian or the ACMA reasonably believes that the event:
(a) is occurring or will occur; and
(b) may result in:
(i) one or more persons losing access to an emergency call service; or
(ii) an emergency call person being unable to receive or handle calls to an emergency service number, or to transfer such calls to an emergency service or a service for despatching an emergency service.
Direction to take specified action
(5) The direction may require the recipient to do any of the following:
(a) take specified action for the purpose of developing policies, procedures and processes relating to an ECS matter;
(b) provide the information mentioned in subsection (2) or (3) to a specified person or body;
(c) consult with, or take specified action in relation to consulting with, a specified person or body in relation to:
(i) an ECS matter; or
(ii) information mentioned in subsection (2) or (3);
(d) provide information to the ACMA in relation to any action the recipient is required to take under a direction made under this section.
Note: If the recipient provides information to a person under a direction, the person may use or disclose the information for the same purpose as the purpose for which the direction was given (see section 151E).
(1) An ECS direction must specify the following:
(a) the period (the compliance period) within which the recipient of the direction must comply with the direction;
(b) that the recipient may apply to the ACMA to extend the compliance period;
(c) if the direction requires information to be provided:
(i) the manner and form in which the information must be provided; and
(ii) that the provision of information as required by the direction is required or authorised by or under law for the purposes of Part 13 of the Telecommunications Act 1997;
(d) if information provided under the direction must or can be provided verbally—that the recipient must, as soon as practicable after providing information verbally:
(i) make a written record of the information provided; and
(ii) give a copy of the record to the ACMA;
(e) that the recipient may apply to the ACMA to waive a requirement under subparagraph (d)(ii);
(f) that, despite anything else in the direction, the direction does not impose on the recipient any requirement to the extent it is inconsistent with any requirement imposed on the recipient by a determination in force under section 147.
(2) The ACMA may, at the request of the recipient and by written notice given to the recipient:
(a) extend the compliance period; or
(b) waive a requirement that the recipient give to the ACMA a copy of a written record of information provided verbally.
The ACMA must give a copy of an ECS direction to the Custodian as soon as practicable after giving the direction under section 151A.
(1) A person on whom a requirement is imposed by an ECS direction must comply with the direction.
(2) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).
(3) Subsections (1) and (2) are civil penalty provisions.
Note: Part 31 of the Telecommunications Act 1997 provides for pecuniary penalties for breaches of civil penalty provisions. This provision is a civil penalty provision for the purposes of that Act.
(1) This section applies if a person receives information that is:
(a) provided to the person under an ECS direction; or
(b) disclosed to the person under section 151F.
(2) The person may use or disclose the information if the use or disclosure is for the same purpose as the purpose for which the direction was given or the information was disclosed.
Note 1: This subsection constitutes an authorisation for the purposes of Part 13 of the Telecommunications Act 1997, the Privacy Act 1988 and other laws (including the common law).
Note 2: This subsection does not limit any other authorisation in this Division (see section 151H).
(1) This section applies in relation to information (ECS information) obtained or generated by a person in the course of, or for the purposes of, performing functions or duties, or exercising powers, under this Division or Division 3 or 5.
(2) The Custodian and the ACMA may use or disclose ECS information for the following purposes:
(a) aiding preparation for, response to or recovery from an ECS outage event;
(b) improving preparedness for ECS outage events;
(c) maintaining an emergency call service;
(d) matters relating to an emergency call service or an ECS matter.
Note 1: This subsection constitutes an authorisation for the purposes of Part 13 of the Telecommunications Act 1997, the Privacy Act 1988 and other laws (including the common law).
Note 2: This subsection does not limit any other authorisation in this Division (see section 151H).
(3) Without limiting subsection (2), the Custodian and the ACMA may disclose ECS information for the purposes mentioned in that subsection to the following:
(a) a carrier;
(b) a carriage service provider;
(c) an emergency call person;
(d) an emergency service or a service for despatching an emergency service;
(e) the National Emergency Management Agency;
(f) the Minister;
(g) a Department, agency or authority of the Commonwealth or a State or Territory.
Use or disclosure in performing functions or exercising powers under this Act
(1) The following persons (each an entrusted person) may use or disclose ECS information in performing functions or duties, or exercising powers, under or for the purposes of this Act:
(a) the Minister;
(b) the Secretary;
(c) an APS employee in the Department;
(d) an ACMA official (within the meaning of the Australian Communications and Media Authority Act 2005);
(e) a contractor engaged to provide services to the Department or the ACMA for the purposes of this Act;
(f) an officer or employee of such a contractor.
Note 1: A provision of this section constitutes an authorisation for the purposes of Part 13 of the Telecommunications Act 1997, the Privacy Act 1988 and other laws (including the common law).
Note 2: An authorisation in this section does not limit any other authorisation in this Division (see section 151H).
Use or disclosure by ACMA in performing functions etc. in relation to ECS matters
(2) The following persons may use or disclose ECS information in performing functions or duties, or exercising powers, relating to an ECS matter, under or for the purposes of an Act administered by the Minister:
(a) an ACMA official (within the meaning of the Australian Communications and Media Authority Act 2005);
(b) a contractor engaged to provide services to the ACMA for the purposes of this Act;
(c) an officer or employee of such a contractor.
Disclosure for purposes of proceedings
(3) An entrusted person may disclose ECS information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings.
Use or disclosure for purposes of enforcement‑related activity
(4) An entrusted person may use ECS information, or disclose ECS information to:
(a) an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or
(b) an enforcement body (within the meaning of the Privacy Act 1988);
if the person reasonably believes that the use or disclosure is reasonably necessary for, or directly related to, one or more enforcement‑related activities (within the meaning of the Privacy Act 1988) being conducted by, or on behalf of, the enforcement agency or body.
(5) The enforcement agency or body may use or disclose information disclosed under subsection (4) for the purposes of one or more enforcement‑related activities (within the meaning of the Privacy Act 1988) being conducted by, or on behalf of, that agency or body.
Use or disclosure required or authorised by another Australian law
(6) An entrusted person may use or disclose ECS information if the use or disclosure is required or authorised under a law of:
(a) the Commonwealth (other than this Act); or
(b) a State or Territory.
Disclosure to person to whom information relates
(7) An entrusted person may disclose ECS information to the person to whom the information relates.
Use or disclosure with consent
(8) An entrusted person (the first person) may use or disclose ECS information for a purpose if the person to whom the information relates has expressly consented to the first person using or disclosing the information for that purpose.
Disclosure to person who provided information
(9) An entrusted person may disclose ECS information to the person who provided the information.
Use or disclosure of information that is already public
(10) An entrusted person may use ECS information, or disclose ECS information to another person, if the information has already been lawfully made available to the public.
Disclosure for purposes of preventing serious threat to safety, health or well‑being
(11) An entrusted person may disclose ECS information if the disclosure is necessary to lessen or prevent a serious threat to the safety, health or well‑being of another person.
An authorisation for the use and disclosure of information in this Division does not limit any other authorisation in this Division.
(1) There is to be a Triple Zero Custodian (the Custodian).
(2) The person performing the functions of the Secretary is to be the Custodian.
(1) The Custodian has the following functions:
(a) aiding preparation for, response to or recovery from an ECS outage event;
(b) improving preparedness for ECS outage events;
(c) overseeing the effective functioning of emergency call services and the proper functioning of the ECS matters;
(d) any other function conferred by this Act in relation to emergency call services;
(e) any other function specified under subsection (2).
(2) For the purposes of paragraph (1)(e), the Minister may, by legislative instrument, specify an additional function of the Custodian if the Minister is satisfied that the function is related to emergency call services.
(1) The Custodian may request the ACMA to give an ECS direction to a carrier, a carriage service provider or an emergency call person that is not an individual if the Custodian considers it is necessary or appropriate for the performance of the Custodian’s functions.
(2) The request must:
(a) be in writing; and
(b) specify:
(i) the carrier, carriage service provider or emergency call person that is to be the recipient of the direction; and
(ii) the terms of the direction.
(3) The ACMA must give the direction:
(a) unless paragraph (b) applies—within 7 days of receiving the request; or
(b) if the request so specifies—as soon as practicable;
or within such longer period as agreed to in writing by the Custodian.
(4) The ACMA must give the direction:
(a) to the person specified in the request; and
(b) in the terms specified in the request;
subject to any changes agreed to in writing by the Custodian.
(5) If the direction requires information to be provided to the ACMA, as soon as practicable after receiving the information, the ACMA must give to the Custodian:
(a) the information; and
(b) the ACMA’s views on the information (if any).
(1) The Custodian may request the ACMA to give the Custodian:
(a) information required to be provided to the ACMA under an ECS direction; or
(b) ECS information held by the ACMA; or
(c) any other information relating to an ECS matter; or
(d) advice relating to an ECS matter;
if the Custodian considers it is necessary or appropriate for the performance of the Custodian’s functions.
(2) The request must:
(a) be in writing; and
(b) specify the information or advice to be given by the ACMA.
(3) The ACMA must give the information or advice:
(a) unless paragraph (b) applies—within 7 days of receiving the request; or
(b) if the request so specifies—as soon as practicable;
or within such longer period as agreed to in writing by the Custodian.
(4) The ACMA must give the Custodian:
(a) the information specified in the request (if any); and
(b) the advice specified in the request (if any);
subject to any changes agreed to in writing by the Custodian.
(1) The Custodian may, in writing, refer a matter to the ACMA for investigation under Part 26 of the Telecommunications Act 1997 if:
(a) the matter relates to an emergency call service; and
(b) the matter relates to the performance of the ACMA’s telecommunications functions or the exercise of the ACMA’s telecommunications powers.
Note: The ACMA may, on its own initiative, decide to investigate such a matter under Part 26 of the Telecommunications Act 1997 (see paragraphs 508(f) and 510(1)(c) of that Act).
(2) As part of the referral, the Custodian may disclose to the ACMA any relevant ECS information.
Note: This subsection constitutes an authorisation for the purposes of Part 13 of the Telecommunications Act 1997, the Privacy Act 1988 and other laws (including the common law).
(3) The ACMA must decide, in writing, whether or not it will investigate the matter.
(4) The decision must:
(a) be made within 30 days of receiving the referral; and
(b) be given to the Minister and the Custodian.
(5) If the ACMA decides to investigate the matter, paragraph 510(1)(c) of the Telecommunications Act 1997 is taken to apply to the investigation.
Note: The matter will be a matter covered by paragraph 508(f) of the Telecommunications Act 1997 (because of paragraph (1)(b) of this section), and the ACMA will investigate the matter, under paragraph 510(1)(c) of that Act, as a matter that the ACMA thinks that it is desirable to investigate (because of this subsection).
(1) The Custodian may, by writing, delegate any or all of the Custodian’s functions or powers to an SES employee, or acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
(2) A delegate must comply with any written directions of the Custodian.
(1) The ACMA must, within 3 months after the end of each 6 month period starting on the commencement of this section, report in writing to the Minister on the following matters:
(a) ECS directions given during the period;
(b) matters referred for investigation under section 151N during the period;
(c) the ACMA’s decisions on whether or not it will investigate those matters;
(d) any other activities the ACMA has undertaken during the period using information obtained or generated by the ACMA in the course of, or for the purposes of, performing functions or duties, or exercising powers, under Divisions 3, 4 or 5.
(2) The ACMA must provide a copy of the report to the Custodian.
The Minister may, in the second year after the commencement of this section, cause a review to be conducted of the effectiveness of Divisions 3, 4 and 5.
8 At the end of subsection 510(1)
Add:
Note: If the ACMA decides to investigate a matter referred to it by the Custodian under section 151N of the Telecommunications (Consumer Protection and Service Standards) Act 1999, the ACMA will investigate the matter under paragraph (c) of this subsection (see subsection 151N(5) of the Telecommunications (Consumer Protection and Service Standards) Act 1999).
9 Section 7 (paragraph (b) of the definition of emergency call service)
Omit “to:”, substitute “to an emergency service or a service for despatching an emergency service.”.
10 Section 7 (subparagraphs (b)(i) to (v) of the definition of emergency call service)
Repeal the subparagraphs.
11 Section 7
Insert:
emergency service has the meaning given by subsection 466(1).
12 Section 7 (subparagraph (b)(iv) of the definition of exempt network‑user)
After “emergency service”, insert “(within its ordinary meaning)”.
13 Subparagraphs 286(c)(i) to (iii)
Repeal the subparagraphs, substitute:
(i) an emergency service; or
(ii) a service for despatching an emergency service; or
14 Subparagraphs 286(c)(v) to (vi)
Repeal the subparagraphs.
15 Subsection 466(1)
Omit “following services:”, substitute “following services (each an emergency service):”.
16 Subsection 147(11) (definition of emergency service organisation)
Repeal the definition, substitute:
emergency service organisation means an emergency service or a service for despatching an emergency service.
17 Subparagraphs 149(1)(c)(ii) and (iii)
Omit “organisation”.
18 After paragraph 570(3)(ac)
Insert:
(ad) in the case of a contravention of subsection 148(1) or (3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999—$30 million for each contravention; or
(ae) in the case of a contravention of subsection 151D(1) or (2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999—$30 million for each contravention; or
[Minister’s second reading speech made in—
House of Representatives on 7 October 2025
Senate on 27 October 2025]
(82/25)