{"id":"F2025L01172","name":"Telecommunications (Consumer Protection and Service Standards) (Non-Participating Persons) Determination 2025","slug":"telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442984,"registerId":"F2025L01172-fast-fetch-1775957899693","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Consumer Protection and Service Standards) (Non-Participating Persons) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTelecommunications (Consumer Protection and Service Standards) (Non-Participating Persons) Determination 2025\n\nI, Anika Wells, Minister for Communications, make the following determination.\n\nDated: 18 September 2025   \n\nAnika Wells\n\nMinister for Communications\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Persons who are not participating persons for an eligible revenue period\n\n7  Application and savings provisions\n\nSchedule 1—Repeals\n\nTelecommunications (Participating Persons) Determination 2015\n\n \n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Consumer Protection and Service Standards) (Non-Participating Persons) Determination 2025.\n\n2  Commencement\n\n (1)  Each provision of this instrument 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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 44(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n(a) eligible revenue;\n\n(b) eligible revenue period;\n\n(c) participating person.\n\n  In this instrument:\n\nACMA means the Australian Communications and Media Authority.\n\nAct means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\ncompany secretary has the same meaning as in the Corporations Act 2001.\n\ndirector has the same meaning as in subsection 9AC(1) of the Corporations Act 2001.\n\nEligible Revenue Determination means the Telecommunications (Eligible Revenue) Determination 2025, as in force from time to time.\n\neligible statutory declaration, by a person, means a declaration made in accordance with the Statutory Declarations Act 1959 by:\n\n1.     if the person is a company—a director or company secretary of the company, or any person authorised in writing by the company to make the declaration; or\n2.     if the person is a natural person—the person.\n\n\ngross telecommunications sales revenue, of a person for an eligible revenue period, means the amount that would be the person’s gross telecommunications sales revenue for the period under the Eligible Revenue Determination if the person were a participating person.\n\ninitial sales revenue, of a person for an eligible revenue period, means the amount that would be the person’s initial sales revenue for the period under the Eligible Revenue Determination if the person were a participating person.\n\nspecified timeframe, for an eligible revenue period, means the period of time within which a participating person is required to give the ACMA a written return of the person’s eligible revenue for the period, as specified by the ACMA for the purposes of paragraph 43(1)(b) of the Act.\n\nultimate Australian parent entity has the same meaning as in the Eligible Revenue Determination.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Persons who are not participating persons for an eligible revenue period\n\n (1) Subject to subsection (5) of this section, a person is exempt from section 44 of the Act for an eligible revenue period if any of subsections (2), (3) and (4) of this section applies to the person for the period.\n\nNote: A person who is exempt from section 44 of the Act for an eligible revenue period is not a participating person for the period.\n\n (2) This subsection applies to a person for an eligible revenue period if:\n\n (a) the person’s initial sales revenue for the period is less than $25 million; and\n\n (b) either:\n\n (i) the person provides to the ACMA an eligible statutory declaration, within the specified timeframe for the period, stating that the person’s initial sales revenue for the period is less than $25 million; or\n\n (ii) the ACMA is otherwise reasonably satisfied that the person’s initial sales revenue for the period is less than $25 million.\n\n (3) This subsection applies to a person for an eligible revenue period if:\n\n (a) the person’s gross telecommunications sales revenue for the period is less than $25 million; and\n\n (b) either:\n\n (i) the person provides to the ACMA an eligible statutory declaration, within the specified timeframe for the period, stating that the person’s gross telecommunications sales revenue for the period is less than $25 million; or\n\n (ii) the ACMA is otherwise reasonably satisfied that the person’s gross telecommunications sales revenue for the period is less than $25 million.\n\n (4) This subsection applies to a person for an eligible revenue period if:\n\n (a) were the person a participating person for the period, the person’s eligible revenue for the period would be less than $25 million; and\n\n (b) either:\n\n (i) the person provides to the ACMA an eligible statutory declaration, within the specified timeframe for the period, stating that, if the person were a participating person for the period, the person’s eligible revenue for the period would be less than $25 million; or\n\n (ii) the ACMA is otherwise reasonably satisfied that, if the person were a participating person for the period, the person’s eligible revenue for the period would be less than $25 million.\n\n (5) If a person has the same ultimate Australian parent entity as one or more other:\n\n (a) carriers; or\n\n (b) carriage service providers, if a determination is in force under paragraph 44(1)(b) of the Act; or\n\n (c) persons specified in regulations in force under paragraph 44(1)(c) of the Act;\n\n  then, for the purposes of calculating:\n\n (d) initial sales revenue for the purposes of paragraph (2)(a); or\n\n (e) gross telecommunications sales revenue for the purposes of paragraph (3)(a); or\n\n (f) eligible revenue for the purposes of paragraph (4)(a);\n\n  the person and each of those carriers, carriage service providers or other persons must make the relevant calculations on a group basis, identifying and accounting for revenue and deductions as a whole.\n\n7  Application and savings provisions\n\n (1) This instrument applies to the 2025-26 eligible revenue period and each later eligible revenue period.\n\n (2) Despite its repeal by this instrument, the Telecommunications (Participating Persons) Determination 2015, as in force immediately before the commencement of this instrument, continues to apply in relation to an eligible revenue period starting on or after 1 July 2015 and ending on or before 30 June 2025.  \n\n\n \n\nSchedule 1—Repeals\n\nTelecommunications (Participating Persons) Determination 2015\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (the 2015 Determination). It continues to serve the narrow purpose of exempting small telecommunications providers from participating in the universal service levy scheme. The $25 million threshold and basic structure remain consistent with the original intent, with only technical updates to referenced instruments and commencement dates."},"complexity_factors":["Multiple overlapping exemption pathways (subsections 6(2), 6(3), and 6(4)) with slightly different revenue calculation methods","Cross-references to external instruments: the Eligible Revenue Determination 2025 and the Corporations Act 2001 for definitions of 'director' and 'company secretary'","Conditional group consolidation rule in subsection 6(5) requiring aggregation of revenue across related entities","Defined terms rely heavily on primary legislation (Telecommunications Act 1999) and secondary legislation (Eligible Revenue Determination 2025)","Savings provision in section 7(2) creating transitional application of repealed instrument for historical periods"],"plain_english_summary":"This Determination exempts small Australian telecommunications providers from the annual levy that funds the Universal Service Obligation and related consumer protections if their annual revenue is under $25 million (measured by three revenue metrics). It affects small telcos, ACMA (which administers and assesses claims), and corporate groups whose aggregated revenues can disqualify subsidiaries. Businesses claim the exemption via a statutory declaration or other evidence. It replaces the 2015 determination and applies from 2025–26."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier Telecommunications (Participating Persons) Determination 2015 and establishes a new, income‑based exemption regime: entities with initial sales, gross telecommunications sales, or eligible revenue below A$25 million may be non‑participating persons subject to timely statutory declarations or ACMA satisfaction. It adds a group aggregation rule for entities sharing an ultimate Australian parent and applies from the 2025–26 eligible revenue period onward while preserving the 2015 determination for 2015–2025 periods (sections 6, 7, Schedule 1)."},"complexity_factors":["Monetary threshold cut‑off of A$25 million that applies to three distinct revenue measures (initial sales revenue, gross telecommunications sales revenue, eligible revenue) (section 6(2)‑(4)).","Alternative evidentiary routes for exemption: timely eligible statutory declaration or ACMA being 'otherwise reasonably satisfied' (section 6(2)(b), 6(3)(b), 6(4)(b)); introduces administrative discretion.","Group aggregation rule requiring entities with the same ultimate Australian parent entity to calculate relevant revenues on a group basis (section 6(5)), adding consolidation and accounting complexity.","Dependence on external instrument definitions and calculations (Eligible Revenue Determination and terms imported from the Act) (section 4).","Specified timeframe requirement for lodging statutory declarations (defined term 'specified timeframe' tied to ACMA directions) (sections 4, 6(2)‑(4)).","Transitional and temporal structure: instrument applies from 2025‑26 forward but preserves the 2015 instrument for eligible revenue periods starting 2015–2025 (section 7(1)‑(2), Schedule 1), requiring historical application checks.","Replaces and repeals an earlier determination, shifting the administrative rulebook (Schedule 1).","Authority reference to subsection 44(2) of the Act anchors the instrument to statutory participation obligations and may interact with other Act provisions (section 3)."],"plain_english_summary":"This instrument replaces the 2015 Participating Persons Determination and sets who is exempt from being a “participating person” under the Telecommunications (Consumer Protection and Service Standards) Act 1999 for eligible revenue periods from 2025–26 onward. A person is exempt if their initial sales, gross telecommunications sales, or (if calculated as a participating person) eligible revenue is below A$25 million and they either provide a timely statutory declaration or the ACMA is otherwise satisfied; entities with the same ultimate Australian parent must aggregate revenue."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination","history":"/api/acts/telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination/history","analysis":"/api/acts/telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination/analysis","conflicts":"/api/acts/telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination/conflicts","importantCases":"/api/acts/telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination/important-cases","documents":"/api/acts/telecommunications-consumer-protection-and-service-standards-non-participating-persons-determination/documents"}}