Telecommunications (SMS Sender ID Register Industry Standard) Direction 2025

I, Michelle Rowland, Minister for Communications, make the following direction.

Dated    4 February 2025

Michelle Rowland

Minister for Communications

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Direction to the ACMA on industry standard in connection with SMS Sender ID Register

6  Application of the industry standard

7  Objectives of the industry standard

8  Matters the industry standard must deal with

9  Matters the industry standard may deal with

1  Name

  This instrument is the Telecommunications (SMS Sender ID Register Industry Standard) Direction 2025.

2  Commencement

  This instrument commences immediately after the commencement of the Telecommunications Amendment (SMS Sender ID Register) Act 2024.

3  Authority

  This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.

4  Definitions

  In this instrument:

Act means the Telecommunications Act 1997.

Note 1: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:

1.      ACCC;
2.      ACMA;
3.      carriage service;
4.      carriage service provider;
5.      carrier;
6.       sender identification;
7.      SMS Sender ID Register;
8.      spoofing sender identification;
9.        Telecommunications Industry Ombudsman;
10.        telecommunications network.

Note 2: A number of expressions used in this instrument are defined in Part 6 of the Act, including the following:

1.      electronic messaging service provider;
2.      section of the telecommunications industry;
3.      telecommunications activity;
4.      telecommunications industry.

5  Direction to the ACMA on industry standard in connection with SMS Sender ID Register

1.     I direct the ACMA to determine a standard under subsection 125AA(1) of the Act that:

1.     applies to participants in sections of the telecommunications industry specified in section 6; and
2.     is drafted to give effect to the objectives in section 7; and
3.     deals with the matters in section 8; and
4.     may deal with the matters in section 9.

1.     A standard referred to in subsection 5(1) is to:

1.     be determined no later than 30 June 2025; and
2.     commence in full at the earliest practical opportunity and no later than 15 December 2025.

1.     I direct that the ACMA may vary the standard as it considers necessary from time to time, provided that the standard as varied complies with this instrument.

6  Application of the industry standard

1.     Subject to this section, the standard is to apply to the following sections of the telecommunications industry:

1.     carriage service providers;
2.     carriers;
3.     if the ACMA considers it necessary to apply the standard to electronic messaging service providers, those providers.

Note: Carriage service provider is defined in sections 7 and 87 of the Act, and includes carriage service providers who are intermediaries.

1.     The standard may deal with matters differently for different sections of the telecommunications industry.
2.     The standard may deal with matters differently for different classes of carriers, carriage service providers and electronic messaging service providers.
3.     The standard may exempt certain classes of carriers, carriage service providers and electronic messaging service providers from particular provisions of the standard.
4.    The standard may provide for different requirements for carriers, carriage service providers and electronic messaging service providers in relation to different types of:

1.     end users; and
2.    short message services (SMS), multimedia message services (MMS) and services specified (if any) under section 484C of the Act; and
3.     entities.

7  Objectives of the industry standard

The standard is to be drafted to give effect to the following objectives:

1.     disrupting communications using sender identifications that have not been registered on the SMS Sender ID Register;

Note:  Sender identification is defined in section 484C of the Act, and does not include a message header consisting only of numbers.

1.    protecting end users against communications using spoofing sender identifications;
2.     promoting public confidence in sender identifications registered on the SMS Sender ID Register;
3.    promoting consistency and accountability of actions taken by carriers, carriage service providers and electronic messaging service providers in relation to communications using sender identifications registered and not registered on the SMS Sender ID Register.

8  Matters the industry standard must deal with

1.     The standard must:

1.     set out the roles and responsibilities of carriers, carriage service providers and electronic messaging service providers in relation to their telecommunications activities in connection with the operation and administration of the SMS Sender ID Register; and
2.     deal with how communications using sender identifications registered and not registered on the SMS Sender ID Register will be handled by carriers, carriage service providers and electronic messaging service providers.

1.     For the purposes of subsection (1), the following are examples of matters that may be included in the standard:

1.     requirements on carriers and carriage service providers to prevent or disrupt the carriage on telecommunications networks of communications using sender identifications not registered on the SMS Sender ID Register;
2.     requirements on carriers and carriage service providers to flag sender identifications for end users to be able to identify that the sender of the communication is not registered on the SMS Sender ID Register;
3.     requirements on electronic messaging service providers to prevent or disrupt the distribution through carriage services of communications using sender identifications not registered on the SMS Sender ID Register;
4.     requirements on carriers and carriage service providers relating to administrative arrangements for access to the SMS Sender ID Register to verify sender identifications;
5.     requirements on electronic messaging service providers relating to administrative arrangements for access to the SMS Sender ID Register to verify sender identifications.

Note 1: Examples are not exhaustive (see section 15AD of the Acts Interpretation Act 1901).

Note 2: The applicability of a particular example will depend on the standard that is determined by the ACMA, and its application to the particular section of the telecommunications industry.

9  Matters the industry standard may deal with

1.     The standard may deal with the following matters as they relate to the telecommunications activities of carriers, carriage service providers and electronic messaging service providers in connection with the operation and administration of the SMS Sender ID Register:

1.     requirements relating to record keeping and reporting by carriers, carriage service providers and electronic messaging service providers on the nature or numbers of communications using:

1.      sender identifications not on the SMS Sender ID Register that have been disrupted; and

1.    sender identifications on the SMS Sender ID Register that have been delivered to end users;

1.     requirements relating to performance reporting and metrics by carriers, carriage service providers and electronic messaging service providers on:

1.      the speed of any measures taken in compliance with the standard; and

1.    the effectiveness of any measures taken in compliance with the standard;

1.     requirements relating to complaints handling procedures that carriers, carriage service providers and electronic messaging service providers must implement in response to:

1.      complaints from end users about spoofing sender identifications; and

1.    complaints about the SMS Sender ID Register from entities registered on the SMS Sender ID Register;

1.     conferral of functions and powers on the Telecommunications Industry Ombudsman for the purposes of complaints handling in connection with the SMS Sender ID Register;

Note: The consent of the Telecommunications Industry Ombudsman is required to confer functions and powers on the Ombudsman: see section 114 of the Act.

1.     requirements relating to maintaining the privacy of personal information provided to carriers, carriage service providers and electronic messaging service providers for the purposes of verifying sender identifications against the SMS Sender ID Register;
2.      requirements for information sharing by carriers, carriage service providers and electronic messaging service providers for the purposes of the functions and powers of the ACCC;
3.     any other matters the ACMA considers necessary to meet the objectives in section 7.