{"id":"F2012L01776","name":"Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012","slug":"australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":89749,"registerId":"commonwealth-F2012L01776-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Direction","content":"#### 1 Name of Direction\n\n  This Direction is the Australian Communications and Media Authority (International Mobile Roaming Industry Standard) Direction (No. 1) 2012.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Direction commences the day after it is registered on the Federal Register of Legislative Instruments.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Cessation","content":"#### 3 Cessation\n\n  This Direction ceases one day after the industry standard to be made in accordance with subclause 5(1) comes into operation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Direction:\n\n> ACMA means the Australian Communications and Media Authority.\n\n> Act means the Telecommunications Act 1997.\n\n> International mobile roaming service means a carriage service that enables a mobile subscriber to automatically and seamlessly make, send, access or receive voice calls and SMS and to download and upload data when travelling abroad outside the normal coverage area without losing the connection.\n\n> SMS means short message service.\n\n> Note: By virtue of paragraph 13(1)(b) of the Legislative Instruments Act 2003, the following expressions have the same meaning as in the Act:\n\n> Note: carriage service\n\n> Note: carriage service provider","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Direction","content":"#### 5 Direction\n\n  (1) I direct the ACMA to make an industry standard under section 125AA(1) of the Act:\n    (a) applying to all carriage service providers supplying international mobile roaming services (‘Providers’); and\n    (b) complying with clause 6 of this Direction.\n  (2) The industry standard is to be made no later than ten months after the commencement of this Direction.\n  (3) The industry standard is to commence in whole or in part no later than three months after it is made.\n  (4) The operation of the industry standard with respect to different locations or different services may commence at different times.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Matters to be covered by the Standard","content":"#### 6 Matters to be covered by the Standard\n\n  (1) The industry standard must set minimum requirements for all Providers to:\n    (a) give consumers information, on arrival at an overseas destination, about the charges applicable for the Providers’ international roaming services at that destination; and\n    (b) permit consumers to decline continued provision of those international roaming services, at any time, while at that overseas destination;\n  (2) The industry standard may deal with any other matter:\n    (a) related to international mobile roaming services that the ACMA regards as appropriate including, without limitation, measures which will enable consumers to monitor and manage the cost and their use of international roaming services; or\n    (b) that the ACMA considers ancillary or incidental to a matter specified in clause 6(1) above.\n  (3) Where the ACMA considers it appropriate the industry standard may override a provision in an industry code.\n\n> Note: Examples of possible measures are provided in the Explanatory Statement that accompanies this Direction.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Direction narrowly instructs ACMA to make an industry standard with specified minimum requirements and optional additional measures. It does not expand ACMA’s statutory remit beyond making that standard; it simply prescribes subjects, timing, and applicability to all providers (see cl.5 and cl.6)."},"complexity_factors":["Delegation of substantive rulemaking to ACMA under clause 5(1) (requires ACMA to make an industry standard under section 125AA(1) of the Act)","Fixed but short procedural deadlines: standard to be made within 10 months (cl.5(2)) and commence within 3 months (cl.5(3))","Broad coverage: applies to all carriage service providers supplying international mobile roaming (cl.5(1)(a))","Mandatory minimum requirements for consumer disclosure on arrival and an opt‑out right (cl.6(1)(a)–(b))","Permissive, open‑ended powers allowing ACMA to add other measures (cl.6(2)), increasing normative scope","Power to override industry code provisions where ACMA considers it appropriate (cl.6(3)), creating potential legal interaction issues","Defined terms and linkage to the Telecommunications Act definitions (cl.4 and Legislative Instruments Act note), which affect interpretation","Staged or location‑specific commencement permitted (cl.5(4)), adding implementation complexity","Sunset tie to the industry standard’s commencement (cl.3) creates coordination and timing constraints"],"plain_english_summary":"Requires the ACMA to make, within ten months, an industry standard applying to all carriage service providers that supply international mobile roaming. The standard must require providers to tell customers on arrival in an overseas destination what roaming charges apply and to let customers decline continued roaming while abroad.\n\nACMA sets the detailed rules; providers bear compliance costs and must change systems and practices to disclose charges and enable opt-outs. The standard may add consumer cost‑management measures and can override provisions of an industry code."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is the original instrument with a tightly focused, single-purpose scope: directing the creation of consumer protections for international mobile roaming. There is no evidence of scope creep — the direction maintains its original intent of addressing bill shock through information disclosure and opt-out mechanisms."},"complexity_factors":["Very short document — only 6 operative clauses","Minimal defined terms — only 4 explicit definitions plus 2 incorporated by reference","No nested exceptions or conditional logic beyond basic timing requirements","Single clear directive with straightforward mandatory requirements (clause 6(1)) and permissive additions (clause 6(2))","No cross-referencing maze — only references to the Telecommunications Act 1997 for enabling power and basic definitions"],"plain_english_summary":"This ministerial direction orders ACMA to make a legally binding industry standard requiring phone companies that offer international roaming to give Australians upfront roaming charges on arrival and a simple opt-out to stop charges while abroad. It may allow tools to track costs. The aim is to prevent “bill shock” from unexpected overseas mobile bills; the direction lapses once the standard takes effect."}},"importantCases":[],"_links":{"self":"/api/acts/australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi","history":"/api/acts/australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi/history","analysis":"/api/acts/australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi/analysis","conflicts":"/api/acts/australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi/conflicts","importantCases":"/api/acts/australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi/important-cases","documents":"/api/acts/australian-communications-and-media-authority-international-mobile-roaming-industry-standard-directi/documents"}}