Telecommunications Amendment Regulations 2002 (No. 3) (Cth)

Telecommunications Amendment Regulations 2002 (No. 3)1

Statutory Rules 2002 No. 2972

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Telecommunications Act 1997.

Dated 27 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

1Name of Regulations

These Regulations are the Telecommunications Amendment Regulations 2002 (No. 3).

2Commencement

These Regulations commence on gazettal.

3Amendment of Telecommunications Regulations 2001

Schedule 1 amends the Telecommunications Regulations 2001.

Schedule 1Amendments

(regulation 3)

  

[1]After Division 3.2

insert

Division 3.3Premium services

3.12Service provider determination for premium services

1. (1)

   The ACA may make a determination setting out rules that apply to service providers in relation to the supply of any of the following services (a premium service):

   1. (a)

      a carriage service or content service using a number with a prefix starting with ‘190’;

   2. (b)

      a carriage service used to supply:

      1. (i)

         a content service; or

      2. (ii)

         another service by way of a voice call (including a call that involves a recorded or synthetic voice);

   using a number that includes an international access code;

   1. (c)

      another carriage service or content service determined in writing by the Minister for this paragraph.

2. (2)

   A determination mentioned in paragraph (1) (c) is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.

3. (3)

   The ACA’s determination may deal with any of the following matters:

   1. (a)

      the terms and conditions on which premium services are offered or supplied;

   2. (b)

      the liability of a customer in respect of the supply of premium services;

   3. (c)

      the limitation of the liability of a customer in respect of the supply of premium services;

   4. (d)

      the obligation of a service provider to notify customers about matters relating to premium services;

   5. (e)

      the advertising of premium services;

   6. (f)

      restrictions on access to premium services, or on access to a particular number used in the supply of premium services supplied using the carriage service provider’s service;

   7. (g)

      the barring of calls to premium services, or of calls to a particular number used in the supply of premium services supplied using the carriage service provider’s service;

   8. (h)

      the establishment of a registration scheme for service providers that are involved in the supply of premium services;

   9. (i)

      the obligations of a carriage service provider in respect of premium services supplied using the carriage service provider’s service;

   10. (j)

       the prohibition or restriction of the imposition or collection of charges relating to the supply of carriage services or other services used in the supply of premium services;

   11. (k)

       the issue of bills or accounts relating to the supply of carriage services or other services used in the supply of premium services;

   12. (l)

       a matter relating to the supply of premium services used to access an Internet service;

   13. (m)

       any other matter that the ACA considers necessary or convenient to:

       1. (i)

          protect the interests of customers and other consumers in relation to the supply of premium services; or

       2. (ii)

          give effect to a matter specified in paragraphs (a) to (l).

4. (4)

   The ACA’s determination may provide that a requirement in the determination does not apply to a carriage service provider if the carriage service provider establishes:

   1. (a)

      that it did not know that it was contravening the requirement; and

   2. (b)

      that it could not, with reasonable diligence, have ascertained that it was contravening the requirement.

[2]Paragraph 5.1 (b)

substitute

1. (b)

   the Crime and Misconduct Commission established by the Crime and Misconduct Act 2001 of Queensland;

Notes

1. These Regulations amend Statutory Rules 2001 No. 65, as amended by 2001 No. 338; 2002 Nos. 99 and 203.

2. Notified in the Commonwealth of Australia Gazette