Telecommunications (Integrated Public Number Database Scheme Criteria for Deciding Authorisation Applications) Instrument 2007 (No. 1) (Cth)
Commonwealth of Australia
Telecommunications Act 1997
Telecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2007 (No. 1)
I, HELEN LLOYD COONAN, Minister for Communications, Information Technology and the Arts, make the following instrument under section 295N of the Telecommunications Act 1997.
Dated 4 May 2007
HELEN LLOYD COONAN
Minister for Communications, Information Technology and the Arts
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Name of instrument
This instrument is the Telecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2007 (No. 1).
Commencement
This instrument commences on the same day as Schedule 1 to the Telecommunications Amendment (Integrated Public Number Database) Act 2006.
Definitions
In this instrument:
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications Act 1997.
candidate has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).
carriage service has the same meaning as in the Act.
carriage service provider has the meaning given by section 87 of the Act.
Commonwealth authority has the meaning given by section 7 of the Commonwealth Authorities and Companies Act 1997.
contractor means a person who performs services for and on behalf of the holder of a public number directory authorisation or a research authorisation but does not include a person who performs such services in the capacity of an employee of the holder.
customer means a person who is supplied with a carriage service by a carriage service provider.
customer data has the same meaning as in the Telecommunications Integrated Public Number Database Scheme 2007.
electoral matter has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).
integrated public number database scheme means the scheme in force under section 295A of the Act.
local government authority has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).
Parliament has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).
political representative has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).
prescribed FMA agency means a body, organisation or group mentioned in Schedule 1 to the Financial Management and Accountability Regulations 1997.
protected information means information or a document disclosed under subsection 285(1A) of the Act for a purpose covered by:
(a) subparagraph 285(1A)(c)(ii) of the Act; or
(b) subparagraph 285(1A)(c)(iv) of the Act.
public mobile telecommunications service has the meaning given by section 32 of the Act.
public number has the meaning given by subsection 285(2) of the Act.
public number directory has the meaning given by subsection 285(2) of the Act.
public number directory authorisation means an authorisation under the integrated public number database scheme that permits the person to whom it is granted to use and disclose protected information for a purpose covered by subparagraph 285(1A)(c)(ii) of the Act.
registered political party has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).
research authorisation means an authorisation under the integrated public number database scheme that permits the person to whom it is granted to use and disclose protected information for a purpose covered by subparagraph 285(1A)(c)(iv) of the Act.
4 Criteria for deciding applications from public number directory publishers
(1) The following criteria apply for deciding an application for a public number directory authorisation:
(a) ACMA must be reasonably satisfied that the proposed directory product specified in the application will satisfy the requirements of the definition of public number directory in subsection 285(2) of the Act, as modified by any legislative instrument; and
(b) ACMA must be reasonably satisfied that the applicant will use protected information for a purpose covered by subparagraph 285(1A)(c)(ii) of the Act; and
(c) ACMA must be reasonably satisfied that the applicant will otherwise comply with the requirements of the Act, as modified by any legislative instrument, and the integrated public number database scheme; and
(d) ACMA must consider what processes the applicant has in place, or intends to put in place, to protect the privacy and security of protected information.
(2) For the purposes of paragraphs (1)(b) and (c), ACMA must consider:
(a) the extent to which the applicant has complied with the requirements of the Act in relation to its previous use of customer data; and
(b) if paragraph (a) does not apply—whether the applicant has appropriate processes in place that will enable the applicant, and any contractor, to comply with the requirements of the Act, as modified by any legislative instrument, and the integrated public number database scheme in relation to its future use of customer data.
5 Criteria for deciding applications from researchers
(1) The following criteria apply for deciding an application for a research authorisation:
(a) ACMA must be reasonably satisfied that the proposed research is research of a kind specified in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1); and
(b) ACMA must be reasonably satisfied that the proposed research will not be conducted for a primarily commercial purpose; and
(c) ACMA must be reasonably satisfied that the applicant will use protected information for a purpose covered by subparagraph 285(1A)(c)(iv) of the Act; and
(d) ACMA must be reasonably satisfied that the applicant will otherwise comply with the requirements of the Act, as modified by any legislative instrument, and the integrated public number database scheme; and
(e) ACMA must consider what processes the applicant has in place, or intends to put in place, to protect the privacy and security of protected information.
(2) For the purposes of paragraphs (1)(c) and (d), ACMA must consider:
(a) the extent to which the applicant has complied with the requirements of the Act in relation its previous use of customer data; and
(b) if paragraph (a) does not apply—whether the applicant has appropriate processes in place that will enable the applicant, and any contractor, to comply with the requirements of the Act, as modified by any legislative instrument, and the integrated public number database scheme in relation to its future use of customer data.
(3) In deciding an application for a research authorisation in relation to research on an electoral matter, ACMA must be reasonably satisfied that the research will be conducted by the applicant, being a registered political party, a political representative, a candidate in an election for a Parliament or local government authority or a person acting on behalf of such a party, representative or candidate.
(4) In deciding an application for a research authorisation in relation to research which will contribute to the development of public policy, ACMA must be reasonably satisfied that:
(a) the research will be conducted by the applicant, being:
(i) the Commonwealth; or
(ii) a Commonwealth authority; or
(iii) a prescribed FMA agency; or
(iv) a person acting on behalf of the Commonwealth, a Commonwealth authority or a prescribed FMA agency; and
(b) the applicant has demonstrated that the research will contribute to the development of public policy.
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