TL;DR: Federal Parliament passed the Scams Prevention Framework (SPF) on 13 February 2025. It puts legal duties on businesses expected to be designated first: banks, telcos and digital platforms (social media, paid search ads, messaging). They must prevent, detect, report, disrupt and respond to scams. Penalties go up to about $52.7 million. But unlike the UK, there’s no mandatory reimbursement; instead you get internal complaints, a single external scheme (likely AFCA) and the right to sue.

The basics

From Bird & Bird’s explainer:

The six principles

PrincipleWhat businesses must do
GovernanceWritten anti-scam policies, reviewed and certified yearly
PreventReasonable steps to stop scams
DetectInvestigate scam intelligence; identify affected customers
ReportShare actionable scam intelligence with the ACCC
DisruptAct to stop scams and losses (with legal protection for good-faith action)
RespondEasy scam reporting for customers, plus internal dispute resolution

Penalties

What it means if you’re scammed

Here’s the honest part. There’s no automatic refund. The UK made banks reimburse most push-payment scam victims; Australia chose a different path:

  1. Complain to the business through its internal dispute resolution.
  2. Escalate to a single external dispute resolution scheme, expected to be AFCA.
  3. You (or a regulator on your behalf) can sue a business that broke its SPF obligations to recover losses.

So the framework gives you leverage: if your bank ignored obvious red flags, or a platform kept running a reported scam ad, that’s now a legal failing, not just bad manners.

What’s still to come

The government still has to confirm designated sectors, consult on sector codes, and make the SPF Rules. Start dates for specific obligations depend on that.

2026 update: the detail arrives

The framework is moving from law to rules. Law firm Herbert Smith Freehills Kramer summarised Stage 1 in June 2026:

MilestoneDate
SPF Act in force21 February 2025
Designation instrument (banks, telcos, digital platforms) takes effect23 May 2026
Treasury releases draft rules and sector codes28 May 2026
Key bank obligations startfrom 31 March 2027
AFCA expected to handle SPF complaintsfrom 31 March 2027
Scam intelligence sharing and reportingby end of 2027

Two proposals stand out for consumers:

AFCA has already changed its constitution (26 May 2026) so it can cover telcos and digital platforms, not just banks. These were still drafts when HSF wrote, so check the final rules before relying on them.

What to do in the meantime

A free exposure check shows if your contact details are in the breach data scammers use.

Frequently Asked Questions

When does the Scams Prevention Framework start protecting consumers?

Banks, telcos and digital platforms were designated from 23 May 2026. Key bank obligations and AFCA complaints are expected from 31 March 2027.

Will scam victims be reimbursed under the SPF?

Draft rules released in May 2026 propose automatic reimbursement for verified losses under $3,000. Check the final rules.

When was the Scams Prevention Framework passed?

Federal Parliament passed it on 13 February 2025.

Does the Scams Prevention Framework make banks refund scam victims?

No. Australia did not adopt mandatory reimbursement. Victims can use internal complaints, external dispute resolution and court action.

Which businesses does the SPF cover?

Banks, telcos and digital platforms are expected to be designated first.

What are the penalties under the SPF?

Up to about $52.7 million, three times the benefit, or 30% of adjusted turnover for the most serious breaches.

Sources

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