ACCAN recently commented on the Treasury’s Scam Prevention Framework – exposure draft legislation (SPF).

ACCAN’s submission sets out our concerns with respect to fundamental incentive problems in the SPF which make it impractical and unworkable and concerns regarding the interaction of the SPF and the Telecommunications Act 1997 (Cth).

ACCAN’s submission recommends that the draft legislation:

• Establish a presumption of reimbursement for scam losses, with limited exceptions where gross negligence can be demonstrated.
• Place the burden of proof on industry participants to demonstrate compliance with the SPF when defending claims from scam victims.
• Expressly require the creation of mandatory scam codes for the telecommunications sector, with codes to be drafted and enforced by the ACCC and ACMA, with strong penalties imposed for breaches.

ACCAN supports broader reforms to the SPF as set out in the joint consumer submission led by Consumer Action Law Centre.

Download: ACCAN Submission to Treasury Consultation Scam Prevention Framework340.44 KB

Download: ACCAN Submission to Treasury Consultation Scam Prevention Framework224.69 KB