Telecommunications Service Provider (International Mobile Roaming) Determination 2019

The Determination is built on a small set of operational concepts and definitions that determine scope, content and timing of obligations. Understanding those concepts is necessary to translate the text into systems and processes.

• IMR service and IMR-enabled device (s 4 definitions). An "international mobile roaming service" is defined as a carriage service, excluding satellite services that are "excluded satellite services", that enables automatic and seamless voice, SMS, MMS and data while a customer is overseas without losing the connection. An "IMR-enabled device" is any digital device capable of receiving an IMR service. The definition ties the instrument to public mobile telecommunications services and excludes certain satellite connections (s 4).

• Consumer, customer and customer contract (s 4 definitions). "Customer" is a consumer who has entered into a customer contract. "Consumer" is an individual or small business/non-profit with specified annual spend conditions. The instrument therefore targets consumer-facing retail relationships as the primary focus (s 4).

• Preferred method of communication (s 7). CSPs must offer customers a choice of communication channels for IMR notifications. SMS is mandatory as an option unless the customer's plan is data-only, in which case at least one alternate method usable on devices that do not support SMS must be offered. If the customer fails to select, SMS is deemed preferred unless the plan is data-only, in which case the CSP must use the other offered method (s 7(2), 7(8)).

• Maximum charge information (s 4 definition). The Determination provides a detailed definition of "maximum charge information", which for locations outside included value packs or IMR inclusive plans must include, in AUD, the maximum charge for a 1-minute call to Australia, a 1-minute call within the location, receiving a 1-minute call, sending and receiving SMS and MMS in various permutations, and the maximum charge per megabyte of data. For included value packs and IMR inclusive plans the definition adds requirements about the included allowance and what applies if services are excluded or not unlimited (s 4).

• Timing rules. Critical operational windows are prescribed. MNOs must send activation messages within 10 minutes of activation (s 8(2)). If an MNO supplies carriage services to another CSP, it must send a specified SMS to the customer within 10 minutes and notify the second provider within one hour (s 9(2)). MVNOs must send required messages within 10 minutes of receiving the activation notice from the MNO (s 10(2)). CSPs must provide maximum charge information to a requesting customer within 24 hours (s 11(2)). If a customer asks the CSP to decline continued IMR supply, cessation must occur as soon as practicable and in any event within 24 hours (s 12(2)).

• Spend management tools and trigger thresholds (s 13). CSPs must make available at least one spend management tool that allows customers to obtain current usage estimates or, where delays exist, an explanation of the delay and access to the latest available usage. For post-paid services and automatic pre-pay services capable of incurring AUD 100 or more in data charges, the tool must notify customers each time they reach an estimated increment of AUD 100. For included value packs, notifications are required at 50per cent, 85per cent and 100per cent of the included value, and the 50per cent and 85per cent notifications must include the "maximum charge information" that will apply if the customer reaches 100per cent and continues to use the IMR service (s 13(3), (9)).

• No-fee constraints and fee caps. The Determination prohibits charging a fee for sending the activation or maximum charge messages (s 8(6), s 10(6)). A CSP must not charge for providing maximum charge information on request within 24 hours (s 11(3)). If a customer declines continued IMR supply by calling a particular Australian number, the CSP must not charge more than AUD 1.00 to do so (s 12(3)). Declining via the CSP website must be free (s 12(4)). Other methods to decline must not cost more than AUD 1.00 (s 12(5)).

• Information flows across supply chains (s 9, s 11, s 13(11)). The Determination recognises that carriage services used for IMR may be resold and requires parties to pass information downstream so that the retail supplier of the IMR service can meet customer notification obligations. A mobile network operator supplying another CSP must supply specific information to that second provider within one hour (s 9(2)(b)-(c)) and downstream CSPs must take reasonable steps to pass information along where it is not addressed to them (s 9(3), s 11(1)).

• Compliance with other statutory regimes. The instrument contains express notes that messages sent under ss 8, 9 and 10 must comply with the Spam Act 2003 and that CSPs must comply with their obligations under the Privacy Act 1988 (notes to ss 8, 9 and 10). The instrument also cross-references defined expressions from the Broadcasting Services Act 1992 and the Telecommunications Act (s 4 notes).

These concepts are tightly specified and will drive the exact technical and contractual changes CSPs must make. The definitions convert familiar commercial practices into discrete compliance triggers: activation events, country/location mapping, AUD-denominated "maximum" charges, and notification thresholds.

The Determination applies to "all CSPs supplying an IMR service" (s 6). That phrasing captures several classes of market participants and downstream customers.

• Mobile network operators (MNOs). CSPs that provide public mobile telecommunications services over their own networks are in scope and carry prime obligations. MNOs must send activation messages to customers within 10 minutes of activation and, where they supply carriage services to other CSPs, they must send a prescribed SMS to the customer within 10 minutes and notify the second provider within one hour specifying the mobile number and the overseas location where the customer activated IMR (s 8; s 9(2)).

• Mobile virtual network operators (MVNOs) and other wholesale-resellers. A CSP that does not use its own network but supplies a public mobile telecommunications service is an MVNO and is in scope for obligations that follow from receipt of activation data from the MNO. MVNOs must, within 10 minutes of receipt of the MNO’s information, send customers maximum charge information and methods to decline continued supply using the customer's preferred communication method (s 10). All CSPs in the supply chain must take "all reasonable steps" to ensure information required by downstream CSPs can be supplied (s 11(1); s 13(11)).

• Retail customers. "Customer" is a consumer (individual or qualifying small business/non-profit) who has entered a customer contract with a CSP (s 4). The instrument’s duties are expressly consumer-focused: offering a preferred method of communication at contract formation and variation (s 7(3)); providing spend management tools and notifications; and giving methods to decline IMR supply (s 12, s 13). The definition of "consumer" excludes larger, negotiable business customers (s 4).

• Customers on different plan types. The Determination distinguishes between post-paid services, automatic pre-pay services, included value packs, IMR service inclusive plans, and data-only plans (s 4 definitions). Obligations differ across these product types. For example, SMS is not required as an offered preferred communication method where the plan is data-only (s 7(2)(b), s 7(8)). Spend management notification thresholds differ for post-paid, pre-pay and included value packs (s 13(3)).

• Wholesale relationships and chains of supply. The instrument recognises resellers and CSP chains and imposes duties to pass activation and charge information down the chain (s 9(3), s 11(1)). An MNO supplying carriage services to another CSP (commonly an MVNO) must notify the second provider and supply the customer's mobile number and overseas location within one hour of activation (s 9(2)(b)-(c)).

• Entities providing messaging channels and apps. The instrument requires CSPs to offer at least one alternative communication method usable on IMR-enabled devices that do not support SMS (s 7(1)(b)). That implicates CSPs’ web portals, apps and email infrastructure as part of the communications ecosystem for notifications and spend-management tools.

• Regulatory interface players. ACMA is the maker of the Determination (s 3). The notes require compliance with the Spam Act 2003 and the Privacy Act 1988 for messages and handling customer data (notes to ss 8, 9 and 10). The instrument therefore affects how CSPs coordinate with legal, privacy and regulatory compliance teams.

Who pays and who decides. The text places operational costs and duties on CSPs (MNOs, MVNOs and other CSPs in the chain). Customers receive notifications and tools at no charge in specified circumstances (s 8(6), s 10(6), s 11(3), s 13(12)(b)); they pay charges for IMR usage in the ordinary course. CSPs decide how to provide the required communications channels, spend-management tools and the internal processes that meet the timing and content requirements. The Determination sets mandatory content items and timing but leaves technical design choices to providers, subject to the "reasonable steps" language in chain-of-supply obligations (s 11(1)).

This section sets out the principal affirmative duties the Determination imposes and the limited rights of customers that follow.

Primary duties of CSPs

• Offer and manage preferred communication method (s 7). CSPs must have SMS and at least one other communication method available for IMR notifications. At contract formation and upon any variation that adds IMR, CSPs must offer the choice and must act on customer requests to change the chosen method "as soon as reasonably practicable" (s 7(2)-(5)). If a customer does not choose, SMS is the default unless the plan is data-only, in which case the other method offered is deemed chosen (s 7(8)). CSPs must inform customers if a chosen method may incur data charges (s 7(6)).

• Time-bound activation notices by MNOs (s 8). A mobile network operator that supplies IMR to a customer who activates IMR overseas must, within 10 minutes of activation and using the customer's preferred method, send messages advising: the device has been activated overseas, possible delays in usage data and alerts, that higher charges may apply, the applicable maximum charge information for the customer's product in that location, and how to decline continued supply (s 8(2)-(4)). Messages may be combined (s 8(4)). These messages must be sent for every activation unless the same maximum charge information was sent in the preceding 14 days or certain equivalence conditions for new overseas locations apply (s 8(5)). The CSP must not charge a fee for sending the message (s 8(6)).

• MNO wholesale notices to second providers (s 9). When an MNO supplies carriage services to another CSP and the service is used to supply IMR to a customer who activates overseas, the MNO must: send a specified warning SMS to the customer within 10 minutes (s 9(2)(a) , the wording is mandated), send notice to the second provider within one hour that IMR is being supplied to the customer (s 9(2)(b)) and send the customer’s mobile number and overseas location within one hour (s 9(2)(c)). Those messages must be repeated at each activation unless the same information has been sent in the preceding 14 days (s 9(4)-(5)). No fee may be charged for the specified SMS sent to the customer (s 9(6)).

• MVNO duties on receipt of activation info (s 10). MVNOs who receive activation information from an upstream supplier must, within 10 minutes of receipt and using the customer’s preferred method, send messages advising of the maximum charge information relevant to that customer's product and how to decline continued IMR supply (s 10(2)). As with MNOs, these messages may be combined and are subject to the same 14-day repeat rule and no-fee rule (s 10(3)-(6)).

• Provision of maximum charge information on request and collaboration across supply chains (s 11). CSPs must take "all reasonable steps" to enable other CSPs to supply up-to-date maximum charge information to their customers (s 11(1)). If a customer requests maximum charge information for any overseas location, the CSP must provide it within 24 hours and must not charge a fee for doing so (s 11(2)-(3)).

• Methods for declining IMR supply and cessation obligations (s 12). CSPs must make available at least one method by which a customer may decline continued supply of IMR while overseas (s 12(1)). If a customer uses an offered method, CSPs must ensure IMR supply ceases "as soon as practicable" and in any event within 24 hours (s 12(2)). If the customer calls a particular Australian number to decline, CSPs must not charge more than AUD 1.00 for that call; declining via the CSP website must be free; other methods must not cost more than AUD 1.00 (s 12(3)-(5)). Any such method must be "easily accessible" (s 12(6)). CSPs must provide customers with information about available methods in activation notifications (see s 8(2)(c), s 10(2)(b)).

• Spend management tools and notification triggers (s 13). CSPs must inform customers immediately prior to contract formation or variation about spend management tools and any potential charges to access them (s 13(1)). They must provide at least one spend management tool that permits current usage estimates or, where there are delays, an explanation and access to latest available usage (s 13(2)). Additional mandatory functionality includes the AUD 100 increment notification for post-paid or automatic pre-pay services, and 50per cent, 85per cent, 100per cent notifications for included value packs (s 13(3)). CSPs may allow customers to elect to decline those notifications, but they must not permit the election by way of accepting standard form contract terms or default terms for included value packs (s 13(4)-(5)). If a customer declines notifications, the CSP must acknowledge by the preferred method and must implement any request to resume notifications "as soon as is reasonably practicable" at no cost to the customer (s 13(6)).

Customer rights and protections

• Choice of communication channel and opt-out protections. Customers must be offered a preferred method and can change it at any time (s 7(2)-(5)). CSPs must inform customers of potential data charges for chosen methods (s 7(6)).

• Free access to certain information. Customers are entitled to receive activation notifications and maximum charge information without being charged a fee for the messages themselves (s 8(6), s 10(6)). A requested maximum charge report must be provided within 24 hours at no charge (s 11(2)-(3)). Spend management tools and their functionality must be made available without charge and be easily accessible (s 13(12)).

• Ability to decline IMR service promptly. Customers can decline continued IMR supply using at least one method, must be able to do so cheaply or for free, and the CSP must stop supply within 24 hours (s 12).

• Limits on contracting out via standard terms. CSPs cannot use acceptance of standard form customer contracts or default included value pack terms to eliminate the customer’s right to receive spend-management notifications required under s 13(3) (s 13(5)).

Interaction constraints and statutory overlay

• The Determination itself does not duplicate privacy or spam obligations; it explicitly requires CSPs to comply with the Spam Act 2003 and the Privacy Act 1988 in sending messages and handling data (notes to ss 8, 9 and 10). The rights and duties in the Determination therefore sit alongside obligations and constraints in those statutes.

These duties are operationally prescriptive in timing, content and minimum functional capabilities. They are framed as obligations on CSPs rather than direct entitlements creating an independent private right of action in the Determination. The Determination does not specify monetary penalties within its text; enforcement mechanisms would rely on ACMA powers under the Telecommunications Act and other applicable laws, which are not recited in the instrument itself.

The Determination, as presented, is an ACMA instrument made under ss 99(1) and 125AA(1) of the Telecommunications Act 1997 (s 3). The instrument text does not itself specify enforcement penalties or sanction mechanisms, nor does it list financial penalties, infringement notices, civil pecuniary penalties or criminal offences for non-compliance. The source document therefore contains no express penalty schedule attached to this Determination.

What the instrument does specify is mandatory behaviour and timescales for CSPs. The absence of explicit penalty clauses in the Determination means that any enforcement would proceed via the regulatory powers available to ACMA and other agencies under the Telecommunications Act and other relevant statutes. Those Act-based enforcement powers, and any civil penalty regime or infringement notices available to ACMA, are not detailed in the Determination itself and are therefore not asserted in this instrument.

Practical enforcement implications for regulated entities

• Regulatory risk remains. Even though the Determination does not set out penalties within its text, CSPs should treat it as a binding regulatory requirement. ACMA’s authority to make determinations under the Telecommunications Act is explicit in the instrument and ACMA is the responsible regulator (s 3). Non-compliance with an ACMA determination is likely to attract regulatory attention and potential action under the Telecommunications Act and relevant enforcement instruments, though readers should consult the Telecommunications Act for the specific enforcement powers available to ACMA.

• Evidence and auditability. The Determination creates discrete, time-sensitive obligations (for example, sending messages within 10 minutes and supplying information within 24 hours). Enforcement practices will likely focus on demonstrable evidence of compliance: message logs, timestamps, customer consents and records of information passed along the supply chain. The Determination’s precise timing windows increase the evidentiary importance of retaining operational logs.

• Civil and consumer law interfaces. Although the Determination does not itself impose consumer-facing penalties, failure to comply could form the basis for consumer complaints, which may trigger investigations under consumer protection laws or regulatory inquiries. The instrument’s notes emphasise that messages must comply with the Spam Act 2003 and that CSPs must comply with the Privacy Act 1988, so breaches of those regimes could lead to enforcement in their own right (notes to ss 8, 9 and 10).

• Contractual and commercial consequences. Non-compliance can have consequences in commercial relationships, including breaches of wholesale or reseller arrangements if obligations to pass information down a supply chain are not met (s 9(3), s 11(1)). These consequences would arise under contract law or commercial dispute resolution rather than the Determination itself.

• Practical remedy expectations. The instrument creates consumer-facing entitlements to notifications, free provision of certain information and prompt cessation of IMR supply on request. In enforcement, remedies may range from directives to comply, enforceable undertakings, or actions under broader statutory enforcement powers. The Determination does not specify a private right of action or a complaint mechanism.

Summary for practitioners: the Determination prescribes operational obligations and timing, but does not list fines or a penalty regime within its text. To assess enforcement exposure precisely, practitioners must map the Determination’s duties to ACMA’s enforcement powers under the Telecommunications Act and to remedies available under other statutes such as the Spam Act 2003 and the Privacy Act 1988. The Determination itself imposes binding duties; it is silent on penalty amounts and enforcement modalities in isolation.

The Determination explicitly situates itself within a network of other statutory regimes and legal definitions, and it cross-refers to existing definitions and statutory obligations. The instrument’s notes and cross-references must be considered in a compliance assessment.

Express cross-references in the instrument

• Telecommunications Act 1997. The Determination is made under subsections 99(1) and 125AA(1) of the Telecommunications Act 1997 (s 3). Several expressions used in the Determination are defined in the Telecommunications Act, including "carriage service", "carriage service provider", "public mobile telecommunications service", "telecommunications network" and "customer equipment" (see s 4 notes). Consequently, the Determination should be read alongside the Act, which provides the definitional and regulatory foundation that gives ACMA its powers and frames how the Determination operates.

• Spam Act 2003. The Determination’s notes to ss 8, 9 and 10 explicitly state that a message sent in compliance with these sections must also comply with the Spam Act 2003, if applicable (notes to ss 8, 9 and 10). This imposes a governing constraint on the content, consent and transactional exemptions that govern the sending of electronic messages. CSPs must therefore ensure that activation notices and other messages sent under the Determination either fall within permitted categories or are sent with the requisite consent.

• Privacy Act 1988. The notes to ss 8, 9 and 10 require CSPs to comply with their obligations under the Privacy Act 1988. This is material because the Determination requires MNOs to transmit to second providers the customer's mobile number and the overseas location of activation (s 9(2)(c)). Transmitting a customer's location and number to another CSP engages principles of personal information handling under the Privacy Act. CSPs must ensure they have appropriate legal bases for sharing that personal information and that any disclosures comply with privacy obligations, including obligations about purpose limitation, notice and secure handling.

• Broadcasting Services Act 1992. The Determination imports definitions from the Broadcasting Services Act 1992 for "subscription broadcasting service" and "subscription television narrowcasting service" (s 4). These references primarily affect the instrument’s definition of "telecommunications service" where content services are included except for those two categories.

Contractual and consumer law interfaces

• Standard form contracts. The Determination references standard form customer contracts and references section 479 of the Act, which governs standard form contracts (s 4 definition). The Determination also restricts CSPs from allowing customers to decline required spend-management notifications via acceptance of standard form contract terms or default included value pack terms (s 13(5)); that regulation interacts with contractual design and the permitted content of standard terms.

• Consumer protections. The Determination’s protections for consumers (notifications, free provision of certain information, free or low-cost method to decline IMR) intersect with broader consumer protection statutes and regulations. While the Determination does not itself amend the Australian Consumer Law, its requirements affect how CSPs must present information and facilitate consumer choices in telecommunications contracts.

Operational and international interactions

• Currency and overseas charges. The Determination requires "maximum charge information" stated in Australian dollars (s 4 definition). Many roaming charges are levied by foreign carriers in foreign currencies. CSPs must therefore convert overseas charges to AUD for the purposes of customer notifications. The Determination does not specify an exchange-rate methodology or frequency for updating rates. CSPs must, however, be prepared to demonstrate that the maximum charge information they supply is the up-to-date figure that applies to the customer’s telecommunications product for the location in question (see s 11(1) and s 8(2)(b)).

• Privacy implications of location data. The requirement that MNOs disclose a customer's overseas location to a second provider within one hour of activation (s 9(2)(c)) intersects with privacy and data protection obligations. Where location and identifier data are personal information, CSPs must ensure disclosures are lawful and consistent with the Privacy Act and any relevant privacy policies.

• Spam and consent. The need to send activation messages within 10 minutes raises practical questions about consent under the Spam Act 2003. The Determination’s notes highlight the need to comply with that Act (notes to ss 8, 9 and 10). In practice, CSPs will rely on transactional or service-consent frameworks for these messages, but the instrument does not itself provide an exemption from the Spam Act.

Unspecified interactions and necessary cross-checks

• Enforcement and remedies under the Telecommunications Act. The Determination is an ACMA instrument; consequences of non-compliance will be shaped by ACMA’s powers under the Telecommunications Act 1997 and by other enforcement tools outside the Determination. The Determination does not set out those enforcement mechanisms, so practitioners should map the Determination’s obligations to the enforcement powers in the Act.

• International law, bilateral roaming agreements and regulatory regimes in other jurisdictions. The Determination requires CSPs to provide maximum charge information and to implement spend-management tools based on usage and estimated charges, but many charging details arise from bilateral wholesale roaming agreements and regulatory or commercial practices in other countries. The instrument does not modify those external arrangements; it instead imposes a requirement on Australian CSPs to translate wholesale terms and partner data into customer-facing, AUD-denominated maximum charge information and to provide prompt notifications.

In short, the Determination sits on top of and interacts with the Telecommunications Act, the Spam Act, the Privacy Act and definitions in the Broadcasting Services Act. It imposes obligations that necessarily require CSPs to align their operational and contractual arrangements with the privacy, spam and consumer law regimes while coordinating data and billing across domestic and international supply chains.

The Determination replaces a standing industry instrument from 2013. The document records the following discrete history points within its own text.

• Date and commencement. The Determination is dated 17 December 2019 and commences on 1 July 2020 (s 2; introductory material). That sets a clear compliance start date and an effective date for operational readiness.

• Legislative authority. The instrument is made under subsections 99(1) and 125AA(1) of the Telecommunications Act 1997 (s 3). ACMA as the making authority and the signature pages (Nerida O’Loughlin and Chris Jose) are included on the instrument.

• Repeal of the 2013 instrument. Schedule 1 specifies the repeal of the whole of the Telecommunications (International Mobile Roaming) Industry Standard 2013 [FRL No. F2013L01301] (Schedule 1; s 5). The Schedule effectually ends the 2013 industry standard from the commencement date of this Determination. The instrument does not list other amendments or prior versions; the Schedule effect is to substitute this Determination for the 2013 standard.

• No subsequent amendments recorded within the instrument. The text supplied contains no recorded amendments to the Determination itself and no transitional provisions other than the commencement date. The Determination sets out definitions, obligations and transitional non-application only via the 1 July 2020 start date.

For practitioners tracking regulatory change, the relevant facts in the instrument are: a new ACMA Determination issued in December 2019, effective 1 July 2020, which repeals the 2013 Industry Standard in full. The instrument itself does not document any later amendments, incremental changes or review schedule.

The instrument text contains no references to litigation, case law or judicial consideration of the instrument. It does not cite any cases, and there is no reported litigation history recorded in the material provided.

Because the Determination is an ACMA instrument made under ss 99(1) and 125AA(1) of the Telecommunications Act 1997, any legal challenges to the Determination or enforcement actions would engage the broader statutory framework of the Telecommunications Act and may involve judicial review or administrative law remedies where there are questions about ACMA’s statutory powers, procedural fairness, or reasonableness in exercise of regulatory discretion. None of those avenues, nor any prior litigation outcomes, are referenced in the Determination itself.

Practitioners requiring a litigation history should look beyond the Determination to the Telecommunications Act case law and any ACMA enforcement action records arising after the Determination’s commencement. The present instrument does not supply any precedent, reported disputes or court rulings related to its text.

Several operational and legal traps are embedded in the Determination’s language and structure. These require careful design choices and attention to edge cases to avoid non-compliance or poor customer outcomes.

1. Tight operational time windows. The instrument requires messages to be sent "within 10 minutes" of activation (s 8(2); s 9(2)(a); s 10(2)). Where an MNO supplies carriage services to another CSP it must also notify that second provider within one hour (s 9(2)(b)-(c)). CSPs must be able to detect activation events and trigger outbound communications in near real time. Legacy provisioning and billing systems that batch-process roaming events may not meet the 10-minute window without modification.

2. Exact content and format of messages. s 9(2)(a) prescribes an exact SMS string that an MNO must send where it supplies carriage services to another CSP. Failure to use the mandated wording risks a compliance breach. For MNOs handling multiple downstream CSPs, ensuring the correct message reaches the retail customer is operationally important.

3. The definition of "maximum charge information" is detailed and prescriptive. The Determination requires the maximum charge per 1-minute voice call (calling Australia, within-country call, receiving a call), SMS send/receive charges, MMS send/receive charges where applicable, and maximum charge per megabyte of data (s 4). Translating wholesale partner tariffs, which may be in other currencies, into AUD denominated "maximum" figures in a timely and reliable way is non-trivial. The instrument does not specify exchange rate methodology or whether published partner price schedules suffice as evidence of "maximum" charges.

4. Multiple product permutations and included value packs. The instrument distinguishes plain post-paid services, included value packs, IMR service inclusive plans and automatic pre-pay services. The "maximum charge information" obligation varies depending on whether the overseas usage is included in the customer's included value pack or IMR-inclusive plan (s 4). CSPs offering bundled products must implement logic to determine when a customer’s roaming entitlement is part of a pack or plan and whether specific services are excluded or capped.

5. Data-only plan default and preferred method. For data-only plans, SMS is not required as the default and CSPs must offer an alternative method usable on devices that do not support SMS (s 7(2)(b); s 7(8)). Systems must recognise data-only plans and present appropriate default communications.

6. Privacy and location sharing tension. s 9(2)(c) requires an MNO to send the customer's mobile number and the overseas location in which the customer activated an IMR service to the second provider within one hour. That is personal data and location data. CSPs must ensure they have lawful bases for this sharing and that upstream contractual arrangements with MVNOs and resellers are aligned with privacy obligations under the Privacy Act 1988. The Determination’s notes reiterate the Privacy Act obligations, but they do not provide legal cover or authorisation to share data in a manner inconsistent with privacy laws.

7. Spam Act compliance for mandatory messages. The Determination requires the sending of messages but notes that messages must comply with the Spam Act 2003 (notes to ss 8, 9 and 10). CSPs must ensure that these required messages fall within permitted categories under the Spam Act, such as transactional messages, or otherwise are sent with appropriate consent. The interplay between mandatory regulatory messaging and spam consent frameworks needs careful legal assessment.

8. Chain-of-supply "reasonable steps" obligations. The Determination obliges CSPs to take "all reasonable steps" to supply information necessary for other CSPs to deliver up-to-date maximum charge information (s 11(1); s 13(11)). The phrase "reasonable steps" introduces a fact-specific, operational standard. CSPs should document their processes and communications with wholesale partners to demonstrate steps taken.

9. Immediacy and accuracy of spend-management tools. s 13(2)-(3) requires tools that provide "current usage estimates" and trigger notifications at specific thresholds. When CSPs rely on upstream usage reporting that may have delays, they must either provide an explanation of the delay and the approximate length or devise means to estimate usage reliably. The "current usage estimate" definition allows for information current at the time of the enquiry or within 48 hours previous to the enquiry, which sets an operational standard but leaves room for interpretation where reporting latency is variable (s 4). CSPs must document how they calculate estimates and what margins of error are disclosed.

10. Prohibition on contracting out of notifications. CSPs must not allow customers to decline mandatory notifications via standard form contract terms or default included value pack acceptance (s 13(5)). Systems that automatically bundle opt-out language into customers’ standard form contracts need review to ensure compliance.

11. Fee limits and free access. The Determination bars fees for certain activities (sending activation messages, supplying maximum charge information on request and providing web-based decline methods) and caps others at AUD 1.00 (s 8(6), s 10(6), s 11(3), s 12(3)-(5)). CSPs must ensure billing systems do not inadvertently levy higher charges for these interactions, especially where legacy IVR systems or premium numbers were used for customer choice management.

12. Inclusion exceptions for pre-2012 plans. s 13(8) exempts included value packs that are part of included value plans of a kind made available prior to 1 March 2012 from the 50/85/100 per cent notification requirement. CSPs with legacy product portfolios need to identify which legacy products qualify for this exception and implement logic to treat them differently.

13. No specified penalty schedule. The Determination does not contain an explicit penalty schedule or enforcement procedure (see Penalties and enforcement). CSPs should not infer that breaches are immaterial; they must map the Determination obligations into their broader regulatory risk and enforcement context.

Collectively, these "gotchas" show the Determination imposes precise, operationally demanding requirements that intersect with billing systems, wholesale commercial arrangements, privacy and spam frameworks and customer contract design. Implementation will require cross-functional coordination between legal, compliance, product, billing and network operations teams.

Below is a practical, source-grounded compliance checklist and suggested project blueprint for CSPs that supply IMR services. Each step references the relevant provision in the Determination.

1. Governance and gap analysis

• Map affected products to Determination definitions. Identify which customer contracts qualify as consumer relationships and which plans are post-paid, automatic pre-pay, included value packs, IMR-service inclusive plans, and data-only plans (see s 4 definitions). Flag legacy included value plans first made available prior to 1 March 2012 for the s 13(8) exception.
• Conduct a legal review to confirm the Determination’s obligations relative to existing privacy notices, consent records and contractual terms (notes to ss 8, 9 and 10; s 13(5)).
• Record an implementation timeline to meet the commencement date of 1 July 2020 (s 2).

2. Customer interface and contract changes

• Ensure customer contracts and sign-up flows offer the required preferred method of communication: SMS plus at least one alternative usable on IMR-enabled devices that do not support SMS. Present the option at contract formation and whenever the contract is varied to add IMR (s 7(1)-(4)).
• Default logic: if the customer does not select a preferred method, default to SMS unless the customer has a data-only plan, in which case default to the non-SMS method offered (s 7(8)).
• Add clear notices that a chosen method may incur data charges where applicable (s 7(6)).
• Remove any contractual mechanism that forces customers to decline spend-management notifications by accepting standard form contract terms or default included value pack terms (s 13(5)).

3. Messaging and notification systems

• Implement detection of IMR activation events that trigger outbound messaging within 10 minutes (s 8(2); s 9(2)(a); s 10(2)). Build or modify real-time systems or event pipelines so activation events are captured, correlated to the customer’s preferred communication method, and dispatched within the 10-minute window.
• For MNOs that provide carriage services to another CSP, implement a one-hour notification pipeline to downstream CSPs to supply the mobile number and overseas location (s 9(2)(b)-(c)).
• Ensure the mandatory wording in s 9(2)(a) is used verbatim when required: “Warning - you have activated your mobile device overseas. Higher charges may apply. There may be delays in receiving usage data and alerts. Information about charges that apply overseas will be provided to you by your telecommunications provider.”
• Implement logic to avoid repeated messages where the same maximum charge information was sent within the preceding 14 days or where the message rules for new overseas locations apply (s 8(5); s 9(4)-(5); s 10(5)).

4. Maximum charge information and data feeds

• Catalogue the required elements of maximum charge information (s 4 definition) and create a product-by-country matrix linking each retail product (post-paid plans, included value packs, inclusive plans) to the applicable maximum charges for the countries where roaming is available.
• Establish processes with wholesale roaming partners to obtain up-to-date tariff information and ensure it is converted to AUD for customer messaging. Document the exchange-rate approach and frequency of updates. The Determination requires AUD presentation but does not prescribe the conversion method (s 4).
• Ensure CSPs can respond to customer requests for maximum charge information within 24 hours at no charge (s 11(2)-(3)). Create customer-service scripts and automated responses that include all required fields.

5. Spend management tools and thresholds

• Design and deploy at least one spend management tool that allows customers to obtain "current usage estimates" or, if upstream delays prevent that, provides advice about the delay and the approximate length and access to latest available usage (s 13(2)). The "current usage estimate" definition allows data current at time of enquiry or within the previous 48 hours for post-paid services (s 4).
• For post-paid or automatic pre-pay services with potential to incur AUD 100 or more of data usage charges, implement notifications that trigger each time an estimated increment of AUD 100 is reached, notifying the customer "as soon as is reasonably practicable" of the total estimated charges not yet billed (s 13(3)(a), (c)(i)).
• For included value packs, implement notifications at 50per cent, 85per cent and 100per cent consumption, and ensure 50per cent and 85per cent notifications also include the "maximum charge information" that would apply if the customer continues using IMR beyond the included allowance (s 13(3)(b); s 13(9)).
• Make these tools accessible via the customer's preferred method of communication and ensure they are available without charge (s 13(10), s 13(12)).

6. Opt-out and resumption processes

• If customers may elect to decline notifications in accordance with s 13(4), implement a clear opt-out mechanism separate from standard form contract acceptance and separate UIs showing a customer's current election status (s 13(4)-(7)). Ensure the system sends an acknowledgement by the preferred method and can resume notifications as soon as reasonably practicable at no cost (s 13(6)).
• Maintain an easily accessible means for customers to decline continued IMR supply. Make sure decline-by-website is free, and that calling a particular Australian number costs no more than AUD 1.00. For other methods, charges must not exceed AUD 1.00 and the method must be easily accessible (s 12(1)-(6)).

7. Chain-of-supply coordination

• Draft and negotiate wholesale and reseller agreements to ensure upstream MNOs and downstream CSPs have contractual obligations to supply activation information, customer number and location and maximum charge feeds in the timeframes required (s 9(2); s 11(1); s 13(11)). Use contractual terms to require "all reasonable steps" to pass necessary information.
• Implement automated forwarding protocols so that if a CSP receives information that relates to a customer of another CSP, it passes the information "as soon as is reasonably practicable" (s 9(3)).

8. Privacy and spam compliance

• Review privacy policies and disclosures to ensure lawful sharing of mobile numbers and location data with downstream providers within the supply chain. Confirm that the transfer of location data complies with the Privacy Act 1988 as noted in the Determination (notes to ss 8, 9 and 10).
• Review message categories against the Spam Act 2003 to confirm that activation, maximum charge and spend-management notifications are sent under a transactional exemption or with appropriate consent (notes to ss 8, 9 and 10). Document the legal basis for each message type.

9. Billing system and estimate accuracy

• Ensure billing systems can calculate estimated usage and convert wholesale charging structures into customer-facing AUD estimates in near real time. Where accurate estimation is not possible due to upstream reporting delays, the spend-management tool must communicate the delay and approximate length and provide the latest available information (s 13(2)(b)).
• Implement reconciliation processes to ensure that the "maximum charge information" and AUD-denominated estimates provided to customers align with subsequent invoices and that discrepancies are investigated and corrected.

10. Recordkeeping and evidence

• Retain timestamped logs of activation events, messages sent (including content), communications to and from wholesale partners, customer opt-in or opt-out actions and requests for maximum charge information. The Determination’s timing requirements (10 minutes; one hour; 24 hours) make proof of timely action central to compliance.
• Maintain documentation of "reasonable steps" taken to share information down the supply chain. Document the procedures followed when converting partner tariffs to AUD.

11. Testing, monitoring and incident handling

• Implement acceptance testing for real-time event flows and escalation procedures if messages fail to deliver. Establish monitoring to alert operations teams when an activation message was not sent within the 10-minute window or when downstream notifications to second providers miss the one-hour threshold.
• Prepare a consumer-facing incident plan to explain delays in notifications to impacted customers and to provide remedial action consistent with the Determination.

12. Training and customer support

• Train customer-service agents on the content of mandatory messages, the thresholds that trigger spend-management notifications, the default preferred communications logic, and the requirement to provide maximum charge information within 24 hours. Agents should also be trained on the special-case handling required for data-only plans and legacy included value plans pre-1 March 2012 (s 13(8)).

13. Policy and compliance sign-off

• Prepare a compliance attestation mapping each Determination clause to implemented controls, and schedule periodic reviews. Although the Determination itself does not specify an attestation process, ACMA oversight and the demonstrable need to show "reasonable steps" suggest that a formal compliance posture will be useful in interactions with regulators.

In summary, compliance requires integrated work across product, billing, network, wholesale contracting, legal and customer-facing operations. The Determination is precise about content and timing but leaves implementation details to each CSP. Documentation of technical designs, message logs and contractual flows with wholesale partners will be central to demonstrating compliance.