Scams Prevention Framework Act 2025 (15 of 2025)

Schedule 1   Amendments

Part 2   Other amendments

Competition and Consumer Act 2010

5   Subsection 4(1)

Insert:

ACMA means the Australian Communications and Media Authority.

actionable scam intelligence has the meaning given by section 58AI.

associate , of an SPF consumer, means an associate (within the meaning of section 318 of the Income Tax Assessment Act 1936) of the SPF consumer who is:

(a) a natural person who is in Australia or is ordinarily resident in Australia; or

(b) a person who carries on a business having a principal place of business in Australia;

civil penalty provision of an SPF code means:

(a) a provision of an SPF code (see Division 3 of Part IVF) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or

(b) subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(2).

civil penalty provision of an SPF principle means:

(a) a provision of Division 2 of Part IVF (about the Scams Prevention Framework) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or

(b) subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(1).

de-identified : information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

infringement notice compliance period for an SPF infringement notice: see section 58FT.

inspector , of an SPF regulator, has the meaning given by section 58FB.

involved , in a contravention of a civil penalty provision of an SPF principle or of a civil penalty provision of an SPF code, means:

(a) aiding, abetting, counselling or procuring a contravention of the provision; or

(b) inducing, whether by threats or promises or otherwise, such a contravention; or

(c) being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention; or

(d) conspiring with others to effect such a contravention.

reasonable steps , for the purposes of Division 2 of Part IVF (about overarching principles of the Scams Prevention Framework), has a meaning affected by section 58BB.

regulated entity has the meaning given by section 58AD.

regulated sector has the meaning given by subsection 58AC(1).

regulated service has the meaning given by section 58AD.

scam has the meaning given by section 58AG.

senior officer , of a regulated entity, means:

(a) an officer (within the meaning of the Corporations Act 2001) of the entity; or

(b) a senior manager (within the meaning of that Act) of the entity.

SPF civil penalty order means a civil penalty order under Part 4 of Regulatory Powers Act (as that Part applies because of section 58FJ of this Act).

SPF code has the meaning given by section 58CB.

SPF consumer has the meaning given by section 58AH.

SPF EDR scheme , for a regulated sector, means an external dispute resolution scheme authorised under subsection 58DB(1) for the sector.

SPF general regulator has the meaning given by section 58EB.

SPF governance policies, procedures, metrics and targets , for a regulated entity for a regulated sector, means the entity's:

(a) policies and procedures required under paragraph 58BD(1)(a) for the sector; and

(b) performance metrics and targets required under paragraph 58BD(1)(c) for those policies and procedures.

SPF infringement notice means an infringement notice issued under subsection 58FO(1) or (2).

SPF personal information means:

(a) personal information; or

(b) information relating to a person that may be used (whether alone or in conjunction with other information) to access:

(i) a service or an account; or

(ii) funds, credit or other financial benefits.

SPF principles means the provisions in Subdivisions B to G of Division 2 of Part IVF (about the Scams Prevention Framework).

SPF provisions has the meaning given by section 58AJ.

SPF regulator means:

(a) the SPF general regulator; or

(b) the SPF sector regulator for a regulated sector.

SPF rules means rules made under section 58GE.

SPF sector regulator has the meaning given by section 58ED.