Commonwealth Numbered Regulations

TELECOMMUNICATIONS (SERVICE PROVIDER DETERMINATIONS) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 246 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

substitute

These Regulations are the Telecommunications (Service Provider Determinations) Regulations 1997 .

[2] Regulation 3, after definition of Act

insert

"activate", in relation to a pre-paid carriage service, means to enable the service to be used:

(a)

to make calls other than to the emergency call service or to the carriage service provider; and

(b)

to receive calls.

[3] Regulation 3, after definition of criminal law-enforcement agency

insert

"end-user", of a pre-paid carriage service, means the person who uses the service to make calls.

[4] Regulation 3, after definition of public number

insert

"purchaser", of a pre-paid carriage service, means the person who pays for the service at the point of sale of the service.

[5] Regulation 4, heading

substitute

[6] Subregulation 4 (1)

omit

collects

insert

collects, at the point of sale,

[7] Paragraph 4 (3) (c), examples

substitute

Example
Information that may be collected from a purchaser that is not an individual includes its Australian Business Number, Australian Company Number or Australian Registered Business Number.

[8] Regulation 5, heading

substitute

[9] Subregulation 5 (1)

omit

conducts

insert

conducts, at the point of sale,

[10] Subregulation 5 (3) and examples

substitute

(1)

The ACA may make a determination that requires a service provider to do either or both of the following:

(a)

to collect information from an end-user after the sale of a pre-paid carriage service and before the service is activated;

(b)

to conduct verification and identity checks on the end-user after the sale of a pre-paid carriage service and before the service is activated.

(2)

However, the determination must not relate to a sale of a pre-paid carriage service associated with a public number if:

(a)

the requirements of the determination have been satisfied in relation to the end-user for a previous sale (if any) of the same kind of pre-paid carriage service for the public number; or

(b)

the requirements of the Telecommunications (Conditions for Allocation of Numbers) Determination 1997 have been satisfied for an allocation (if any) of the public number to the end-user.

(3)

A determination under paragraph (1) (a) may only mention information for collection if it is:

(a)

information about the end-user that the service provider may be required to give a person or association in connection with the person's or association's fulfilment of the obligation to provide and maintain an integrated public number database; or

(b)

information about how many public numbers are currently issued to the end-user for use in connection with the supply of the same kind of pre-paid carriage service as the service sold; or

(c)

for an end-user that is not an individual — information identifying the end-user.

Example
Information that may be collected from an end-user that is not an individual includes its Australian Business Number, Australian Company Number or Australian Registered Business Number.

The verification and identity checks to be mentioned in a determination under regulation 5 or paragraph

5A (1) (b) may only differ on the basis of 1 or more of the following:

(a)

whether the person is issued with 5 or more public numbers used in connection with the supply of the same kind of pre-paid carriage service as the service for sale;

(b)

how the service is to be, or was, purchased;

(c)

whether the verification and identity checks are conducted at the point of sale or after the sale.

Examples
1. If a person offers to buy a pre-paid carriage service using a credit card or debit card, the service provider must:
(a) see a current credit card or debit card showing the person's name and signature; or
(b) obtain from the person the number and expiry date of the credit card or debit card.
2. If a person offers to buy a pre-paid carriage service using a method of payment other than credit card or debit card, the service provider must see 1 or more of the following documents:
* a current licence or permit issued in the person's name under a law of the Commonwealth, or a State or Territory
* a current passport issued in the person's name
* a birth certificate issued in the person's name, or a name the person has previously used
* a current credit card, debit card or ATM card showing the person's name and signature
* a current Medicare card issued in the person's name
* a statement of account for a fixed network telephone service, issued in the last year, showing the name and address used by the person for the purchase.

[11] Subregulation 6 (1)

omit

regulation 4,

insert

regulation 4 or paragraph 5A (1) (a),

[12] Subregulation 6 (2)

omit

regulation 5,

insert

regulation 5 or paragraph 5A (1) (b),

[13] Regulation 7

omit

regulation 4 or 5,

insert

regulation 4, 5 or 5A,

[14] Paragraph 8 (2) (a)

omit

regulation 4;

insert

regulation 4 or paragraph 5A (1) (a);

[15] Regulation 9

omit

regulation 4, 5,

insert

regulation 4, 5, 5A,

[16] After regulation 9

insert

The ACA may make a determination that specifies:

(a)

information in relation to the telecommunications industry that a carriage service provider must publish or distribute; and

(b)

the method or way in which the carriage service provider must distribute or publish that information.