Australian Communications Authority (Service Provider Determination) Direction 2004 (No. 2) (Cth)

Commonwealth of Australia

Australian Communications Authority Act 1997

Australian Communications Authority (Service Provider Determination)

Direction 2004 (No. 2)

I, DARYL ROBERT WILLIAMS, Minister for Communications,  Information Technology and the Arts, make the following Direction under subsection 12(1) of the Australian Communications Authority Act 1997 (the Act) in relation to the performance by the Australian Communications Authority (ACA) of its functions and the exercise by the ACA of its powers under sections 6 and 9 of the Act.

Dated 13 May 2004

DARYL WILLIAMS

Minister for Communications, Information Technology and the Arts

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1. Name of Direction

This Direction is the Australian Communications Authority (Service Provider Determination) Direction 2004 (No. 2).

1. Commencement

   This Direction commences on gazettal.

2. Definitions

In this Direction:

Act means the Telecommunications Act 1997.

adult audio-visual service means a service that enables an end-user to access material:

(a)      that has been classified MA or R by the Classification Board; or

(b)      that has not been classified by the Classification Board but, if it were to be, there is a substantial likelihood that the material would be classified MA or R;

but does not include material supplied as part of a telephone sex service.

adult service means:

(a)      an adult audio-visual service; or

(b)      an adult text service.

adult text service means a service supplied solely or primarily by way of a text service where it would be concluded that a majority of persons who use the service are likely to do so with the sole or principal object of deriving sexual gratification from the service.

Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995.

premium SMS or MMS service means a service covered by paragraph 4(a) or (b) of the Premium Service Determination 2004 (No. 1).

prohibited content means material:

(a)      that has been classified RC or X by the Classification Board; or

(b)      that has not been classified by the Classification Board but, if it were to be, there is a substantial likelihood that the material would be classified RC or X.

proprietary network service means a service covered by paragraph 4(c) of the Premium Service Determination 2004 (No. 1).

Regulations means the Telecommunications Regulations 2001.

telephone sex service has the same meaning as in section 158J of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

text service means a service that provides no more than data, or no more than text (with or without associated still images).

4             Service provider rules

(1) The ACA must make a service provider determination as soon as practicable under section 99 of the Act in accordance with this Direction in relation to the matters specified in paragraphs 3.12(3)(a), (f), (i) and (l) of the Regulations.

(2)    The service provider determination must set out rules:

(a)requiring an adult service supplied by way of a  premium SMS or MMS service to be supplied only on a number with a prefix, or prefixes, determined in writing by the ACA for the purposes of this paragraph; and

(b)prohibiting the supply of prohibited content by way of:

(i)      a premium SMS or MMS service; or

(ii)    a proprietary network service; and     

(c)     putting in place appropriate measures to require:

(i)      a premium SMS or MMS service; or

(ii)    a proprietary network service;

to restrict access to an adult service.