Draft:Scams Prevention Framework
Australian anti-scam regulatory framework
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The Scams Prevention Framework (SPF) is an Australian regulatory framework designed to prevent and respond to scams affecting consumers and small businesses. The framework was established through the Scams Prevention Framework Act 2025, which amended the Competition and Consumer Act 2010 to create a regulatory regime imposing anti-scam obligations on businesses in designated sectors.[1][2]
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|  |
| Scams Prevention Framework Act 2025 | |
|---|---|
| Parliament of Australia | |
| |
| Royal assent | 20 February 2025 |
| Commenced | 21 February 2025 |
| Legislative history | |
| Passed | 13 February 2025 |
| Amends | |
| Competition and Consumer Act 2010 | |
| Status: In force | |
The framework forms part of the Australian government's broader anti-scam policy response and was introduced by the Albanese government to address increasing financial losses from scams conducted through digital platforms, telecommunications services and financial systems.[3][4]
History
The framework was developed in response to rising scam losses in Australia and concerns that anti-scam protections were fragmented across different industries. Policymakers proposed a cross-sector regulatory model covering services commonly used in scam activity, including financial services, telecommunications and digital platforms.[5]
The Scams Prevention Framework Bill was introduced in the House of Representatives on 7 November 2024.[6]
The legislation passed both houses of Parliament on 13 February 2025 and received Royal Assent on 20 February 2025.[7]
Media reporting described the legislation as a major reform intended to impose stronger obligations on companies to prevent scams using their services.[8]
Legislative framework
The framework operates as part of the Competition and Consumer Act 2010. It establishes a principles-based regulatory regime supported by rules, sector-specific codes and enforcement by multiple regulators.[9]
Regulatory oversight involves several Australian government agencies including:
- Australian Competition and Consumer Commission
- Australian Securities and Investments Commission
- Australian Communications and Media Authority
The framework allows regulators to coordinate enforcement and information sharing related to scam activity.[10]
Designated sectors
The framework applies to sectors designated by the government as sectors in which services may be used in connection with scams.[11]
Initial sectors targeted by the framework include:
- banking and financial services
- telecommunications services
- digital platforms such as social media and online advertising services[12]
Additional sectors may be designated in the future through legislative instruments if they become significant vectors for scam activity.[13]
Principles
The framework is structured around several core principles requiring regulated entities to manage scam risks associated with their services. Legal analysis of the legislation has summarised these principles as governance, prevention, detection, reporting, disruption and response.[14]
These principles require businesses to implement systems for monitoring scam activity, reporting relevant information to regulators, taking steps to disrupt ongoing scams, and assisting affected consumers.[15]
Enforcement and penalties
The Act provides regulators with enforcement powers and introduces civil penalties for non-compliance with the framework.[16]
Legal commentary has noted that penalties may be substantial for corporations that fail to meet their obligations, reflecting the government's intention to strengthen accountability for scam prevention.[17]
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