Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 158B

Note: Telephone sex service provider is defined by section 158K.

(a) a telephone sex service provider uses a standard telephone service to supply a telephone sex service to an end-user in Australia; and

(b) the supply is by way of a voice call; and

(c) a person (the relevant customer ) is a customer of a carriage service provider in relation to the voice call; and

(d) a charge for the supply of the telephone sex service is expected to be included in a bill sent by or on behalf of the carriage service provider to the relevant customer;

(e) the relevant customer has agreed in writing to the use of the standard telephone service to supply telephone sex services in general; and

(f) the telephone sex service provider has reason to believe that:

(i) the relevant customer has been issued with a Personal Identification Number that provides a means of limiting access by other persons to telephone sex services supplied using the standard telephone service; or

(ii) the relevant customer has been provided with some other means of limiting access by other persons to telephone sex services supplied using the standard telephone service; and

(g) the telephone sex service provider has reason to believe that:

(i) if subparagraph (f)(i) applies--the end-user of the telephone sex service has used the Personal Identification Number referred to in that subparagraph to access the telephone sex service; or

(ii) if subparagraph (f)(ii) applies--the end-user of the telephone sex service has used the other means referred to in that subparagraph to access the telephone sex service; and

(h) the voice call is made to a number with an approved prefix.

Note 1: Telephone sex service is defined by section 158J.

Note 2: Approved prefix is defined by section 158H.

Note: Part 31 of the Telecommunications Act 1997 provides for pecuniary penalties for breaches of civil penalty provisions. Subsection (1) is a civil penalty provision for the purposes of that Act.

(4) If a carriage service provider engages in unacceptable conduct in relation to a telephone sex service (within the meaning of subsection (2)), a charge for the supply of the telephone sex service must not be included in a bill sent by or on behalf of the carriage service provider to the relevant customer.

(5) Subsection (4) is a civil penalty provision .

Note: Part 31 of the Telecommunications Act 1997 provides for pecuniary penalties for breaches of civil penalty provisions. Subsection (4) is a civil penalty provision for the purposes of that Act.

(6) An agreement referred to in paragraph (2)(e) has no effect for the purposes of this section if it deals with a matter other than the use of a standard telephone service to supply telephone sex services.

Defence

(7) In any proceedings against a carriage service provider under Part 31 of the Telecommunications Act 1997 that arise out of this section and relate to a telephone sex service supplied using a standard telephone service supplied by the carriage service provider, it is a defence if the carriage service provider establishes:

(a) that it did not know; and

(b) that it could not, with reasonable diligence, have ascertained;

(8) For the purposes of subsection (7), in determining whether a carriage service provider could, with reasonable diligence, have ascertained whether a standard telephone service supplied by the carriage service provider was, or was to be, used by a telephone sex service provider to supply a telephone sex service, the following matters are to be taken into account:

(a) whether any inquiries were made of persons who proposed to use standard telephone services to supply commercial services by way of voice calls;

(b) whether persons who use standard telephone services to supply commercial services by way of voice calls are under any contractual obligation to notify the carriage service provider of the nature of those commercial services;

(c) whether the carriage service provider monitors, or arranges for the monitoring, of advertisements that are:

(i) for commercial services supplied by way of voice calls made using standard telephone services; and

(ii) published in mass-circulation newspapers or mass-circulation magazines circulated in Australia;

(d) any other relevant matters.