Commonwealth Consolidated Regulations

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TELECOMMUNICATIONS REGULATIONS 2021 - REG 8

Prepaid mobile carriage services

  (1)   A service provider determination in relation to the supply of prepaid mobile carriage services may relate to the following matters:

  (a)   verifying the identity of a customer who a carriage service provider supplies with a prepaid mobile carriage service, including by doing any of the following:

  (i)   obtaining from the customer the minimum amount of information that is reasonably necessary to identify the customer;

  (ii)   using the national Document Verification Service, or a similar service, to check whether a document produced by the customer as evidence of identity is authentic, accurate and up - to - date;

  (iii)   finding out what other carriage services (if any) are supplied to the customer;

  (b)   obtaining from the customer information about what the customer proposes to use the prepaid mobile carriage service for (such as residential, business, government or charitable use);

  (c)   recording and keeping:

  (i)   information that is obtained under paragraph   (a), including the type of document produced as evidence of identity, but not including the identifying number of a government document; and

  (ii)   information that is obtained under paragraph   (b); and

  (iii)   information that the carriage service provider possesses about the supply of the prepaid mobile carriage service to the customer (such as any public number issued in connection with the carriage service and the name of the carriage service provider);

  (d)   destroying information that is recorded under paragraph   (c) if the destruction is reasonable, including destruction when the information is no longer required by the carriage service provider;

  (e)   preventing the use of a prepaid mobile carriage service if:

  (i)   a customer fails to verify the customer's identity, including by giving false or misleading information; or

  (ii)   an authorised law enforcement officer gives the carriage service provider a written request to prevent a person using a prepaid mobile carriage service that states that action is necessary for a purpose mentioned in subsection   313(3) or (4) of the Act;

  (f)   advising customers of the effect of the service provider determination.

Note:   A service provider determination may limit the circumstances in which rules set out in the determination apply to service providers: see subsection   99(1) of the Act.

  (2)   A carriage service is a prepaid mobile carriage service if:

  (a)   it is a public mobile telecommunications service used in connection with a number specified in the numbering plan for use in connection with the supply of carriage services to the public in Australia; and

  (b)   payment for the supply of the service must be made before the service is used, unless the supplier of the service does not require payment for the initial supply of the service; and

  (c)   it is not a post - paid carriage service.

  (3)   A carriage service supplied by a carriage service provider is a post - paid carriage service if:

  (a)   the service may be used fully or in part before payment for the supply of the service is made; and

  (b)   the person to whom the service is supplied has arranged with the carriage service provider to pay an amount notified in an invoice issued by the carriage service provider, or instalments of fixed amounts at regular intervals, for the supply of the service.



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