Telecommunications Numbering Plan Variation 2004 (No. 3) (Cth)
Telecommunications Numbering Plan Variation 2004 (No. 3)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Variation under section 455 of the Telecommunications Act 1997.
Dated
R HORTON
Chair
A HORSLEY
Deputy Chair
Australian Communications Authority
1Name of Variation
This Variation is the Telecommunications Numbering Plan Variation 2004 (No. 3).
2Commencement
This Variation commences on the date of its notification in the Gazette.
3Variation of Telecommunications Numbering Plan 1997
Schedule 1 varies the Telecommunications Numbering Plan 1997.
Schedule 1 Variations
(section 3)
[1] Paragraph 2.2 (1) (i)
omit
Schedule 1.
insert
Schedule 1; and
[2] After paragraph 2.2 (1) (i)
insert
(j)premium rate numbers.
[3] Section 3.21
omit
[4] Chapter 3, Part 5, heading
substitute
Part 5 Freephone, local rate and premium rate numbers
[5] Chapter 3, Part 5, outline of Part 5
omit each mention of
freephone numbers and local rate numbers
insert
freephone numbers, local rate numbers and premium rate numbers
[6] Chapter 3, Part 5, outline of Part 5
omit each mention of
freephone and local rate numbers
insert
freephone, local rate and premium rate numbers
[7] Chapter 3, Part 5, Division 2, heading
substitute
Division 2 Information about freephone, local rate and premium rate numbers
[8] After section 3.35
insert
3.35AOutline of Schedule for premium rate numbers
(1)A telephone number that is a premium rate number is identified in an item of Schedule 4C in the following way:
Column 1 Shows the number, or the first digits of the number (the prefix) Column 2 Describes the structure for the number and explains (in italics) special arrangements (if any) for use of the number Column 3 Explains whether an incoming call from outside may be routed to the number Australia
(2)For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4C is a premium rate number.
[9] Section 3.37, heading
substitute
3.37Entitlement of holder of freephone, local rate or premium rate number
[10] Section 3.37
omit
A carriage service provider
insert
(1)A carriage service provider
[11] Paragraph 3.37 (b)
omit
number.
insert
number; and
[12] After paragraph 3.37 (b)
insert
(c)the exclusive ability to enter into a commercial relationship with another carriage service provider, governed by an agreement, to supply a service on that number.
[13] Section 3.37
insert
(2)For paragraph (1) (c), the carriage service provider that holds the number is liable for:
(a)all charges imposed on the number under:
(i)the Telecommunications (Numbering Charges) Act 1991; or
(ii)the Telecommunications (Numbering Charges) Act 1997; or
(b)an amount of late payment penalty (within the meaning of section 468 of the Act) imposed in relation to annual charge (within the meaning of section 468 of the Act) payable by the carriage service provider.
Note The Telecommunications (Annual Numbering Charge Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.
[14] After section 3.37
insert in Division 2
3.37APremium rate numbers not to be used to supply prohibited content
A person must not use a premium rate number to supply prohibited content.
3.37BUse of premium rate numbers for adult services
(1)Subject to subsection (2), a person may supply adult services only using a number beginning with 195 or 196.
(2)A person must not use a number to supply adult services.
Note The ACA intends that subsection (2) will be removed from the Numbering Plan, and the supply of adult services on numbers beginning with 195 or 196 will be allowed, after the ACA makes a service provider determination under section 99 of the Act relating to the provision of adult services.
[15] Chapter 3, Part 5, Division 3, heading
substitute
Division 3 Freephone, local rate and premium rate numbers that may be allocated
[16] After subsection 3.38 (2)
insert
(3)A premium rate number is available for allocation if:
(a)the ACA has declared, in writing, that the number is available; and
(b)the declaration is in force in respect of the number.
[17] After subsection 3.39 (7)
insert
(7A)However, subsection (7) does not apply to a declaration that deals only with premium rate numbers.
[18] Subsection 3.47 (1), note
substitute
Note The ACA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.
[19] Paragraph 3.47 (6) (m)
omit
once.
insert
once;
[20] After paragraph 3.47 (6) (m)
insert
(n)the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application or the notification.
Note The Telecommunications (Annual Numbering Charge Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.
[21] Section 3.49, note
substitute
Note The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated with withheld status to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.
There will be no special or over-the-counter allocations.
[22] Subsection 3.59 (1), note
substitute
Note The ACA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.
[23] Paragraph 3.59 (6) (m)
omit
once.
insert
once;
[24] After paragraph 3.59 (6) (m)
insert
(n)the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application or the notification.
Note The Telecommunications (Annual Numbering Charge Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.
[25] Section 3.61, note
substitute
Note The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated with reserved status to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.
There will be no special or over-the-counter allocations.
[26] Subsection 3.69 (1), note
substitute
Note The ACA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.
[27] Paragraph 3.69 (4) (l)
omit
to the provider.
insert
to the provider;
[28] After paragraph 3.69 (4) (l)
insert
(m)the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application.
Note The Telecommunications (Annual Numbering Charge Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.
[29] Section 3.71, note
substitute
Note The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated, without reservation of the number, to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.
There will be no special or over-the-counter allocations.
[30] Subsection 3.76 (1), note
substitute
Note The ACA intends to consult with the specialist body that will accept the surrender of freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.
[31] Chapter 3, Part 5, Division 9, outline of Division 9
omit
freephone number or a local rate number
insert
freephone number, local rate number or a premium rate number
[32] Section 3.85, note
substitute
Note The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be released from quarantine in accordance with the procedure in this Division.
There will be no special arrangements for release of numbers.
[33] Paragraph 3.87 (2) (l)
omit
to the provider.
insert
to the provider;
[34] After paragraph 3.87 (2) (l)
before the note, insert
(m)the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application.
[35] Subsection 3.87 (2), note
substitute
Note 1 The Telecommunications (Annual Numbering Charge Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.
Note 2 A refusal of an application is reviewable by the Administrative Appeals Tribunal: see Schedule 11.
[36] Chapter 3, Part 5, Division 11, outline of Division 11, second dot point
omit
freephone numbers and local rate numbers
insert
freephone numbers, local rate numbers and premium rate numbers
[37] Chapter 3, Part 5, Division 12, heading
substitute
Division 12 Information about freephone, local rate and premium rate numbers
[38] Subsections 6.1A (1) and (2)
substitute
(1)Chapter 6 does not apply to freephone numbers mentioned in Schedule 4A.
Note Freephone numbers are allocated under Part 5 of Chapter 3.
(2)Chapter 6 does not apply to local rate numbers mentioned in Schedule 4B.
Note Local rate numbers are allocated under Part 5 of Chapter 3.
(2A)Chapter 6 does not apply to premium rate numbers mentioned in Schedule 4C.
Note Premium rate numbers are allocated under Part 5 of Chapter 3.
[39] Section 7.1A
substitute
7.1AChapter 7 does not apply to certain numbers
(1)Chapter 7 does not apply to freephone numbers mentioned in Schedule 4A.
Note Freephone numbers are allocated under Part 5 of Chapter 3.
(2)Chapter 7 does not apply to local rate numbers mentioned in Schedule 4B.
Note Local rate numbers are allocated under Part 5 of Chapter 3.
(3)Chapter 7 does not apply to premium rate numbers mentioned in Schedule 4C.
Note Premium rate numbers are allocated under Part 5 of Chapter 3.
[40] Schedule 4, Part 1
omit
| 019 1 | Analogue AMPS service | 9 digit number | Yes Not shared |
[41] Schedule 4, Part 1
omit
| 019 3 | Analogue AMPS service | 9 digit number | Yes Not shared |
| 019 4 | Analogue AMPS service | 9 digit number | Yes Not shared |
| 019 5 | Data network access service | 5 digit number | Yes Not shared |
| 019 6 | Analogue AMPS service | 9 digit number | Yes Not shared |
| 019 720 019 721 019 722 019 723 019 724 019 728 019 729 | Facsimile service | 9 digit number Not for use after | Yes Not shared |
| 019 725 019 726 019 727 | Premium rate service | 9 digit number Not for use after | Yes Not shared |
[42] Schedule 4, Part 1
omit
| 019 84 019 85 019 86 019 87 019 88 019 89 | Data network access service Call charge limited to low charge | 5 digit number | Yes Not shared |
| 019 9 | Analogue AMPS service | 9 digit number | Yes Not shared |
insert
| 019 84 019 85 019 86 019 87 019 88 | Data network access service Call charge limited to low charge | 5 digit number | Yes Not shared |
| 019 89 | Data network access service | 10 digit number | Yes Not shared |
[43] Schedule 4, Part 1
omit
| 19 7 | Facsimile service | 6, 7, 8, 9, 10 or 11 digit number | No before Yes on and from Not shared |
| 19 9 | Testing service Call charge limited to low charge | 3 digit number | No Not shared |
[44] Schedule 4, Part 5
omit
[45] After Schedule 4B
insert
Schedule 4C Premium rate numbers
(section 3.35A)
| Column 1 Number prefix | Column 2 Number structure | Column 3 Is incoming international access available? |
| 19 1 19 3 19 4 19 5 | 6 digit number | Yes |
| 19 6 19 7 19 9 | 8 digit number | Yes |
[46] Schedule 8
omit
| Facsimile service | 197 with 4 or 6 digits | 1 number |
| 197 with 7 digits | 10 numbers | |
| 197 with 8 digits | 100 numbers | |
| 197 with 9 digits | 1 000 numbers | |
| 197 with 11 digits | 100 000 numbers |
[47] Schedule 11, items 1C, 1D and 1E (first occurring)
omit
freephone or local rate number.
insert
freephone, local rate or premium rate number.
[48] Dictionary, after definition of address format prefix
insert
adult audio-visual service means a service that enables an end-user to access audio-visual material:
(a)that has been classified MA, MA15+ or R by the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995; or
(b)that has not been classified by the Classification Board, but would be substantially likely to be classified MA, MA15+ or R if it were classified by the Classification Board;
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:
(a)supplied solely or primarily by way of a text service; and
(b)the majority of users of which are likely to do so with the sole or primary object of deriving sexual gratification from the service.
[49] Dictionary, definition of facsimile service
omit
[50] Dictionary, after definition of ported number
insert
premium rate number means a number used for a premium rate service.
[51] Dictionary, definition of premium rate service
substitute
premium rate service means a carriage service that is charged at a premium rate, independent of content or delivery technology.
Note A premium rate service often provides information to a caller or allows the caller to provide information.
[52] Dictionary, after definition of private numbering scheme
insert
prohibited content means material:
(a)that has been classified RC or X by the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995; or
(b)that has not been classified by the Classification Board, but would be substantially likely to be classified RC or X if it were classified by the Classification Board.
[53] Further amendments freephone number, local rate number or a premium rate number
The following provisions are amended by omitting freephone number or a local rate number and inserting freephone number, local rate number or a premium rate number:
subsection 3.32 (1)
section 3.37
subsection 3.39 (1)
paragraphs 3.41 (a) and (b) and 3.44 (2) (d)
subsection 3.46 (1)
paragraphs 3.47 (1) (a) and (6) (a)
subsection 3.48 (1)
sections 3.49 and 3.50
subsection 3.58 (1)
paragraphs 3.59 (1) (a) and (6) (a)
subsection 3.60 (1)
sections 3.61 and 3.62
paragraphs 3.69 (1) (a) and (4) (a)
subsection 3.70 (1)
sections 3.71 and 3.72
paragraphs 3.76 (1) (a) and (4) (b)
subsection 3.77 (1)
sections 3.78 and 3.79
subsection 3.83 (1)
section 3.85
paragraph 3.87 (2) (a)
subsection 3.89 (1)
paragraphs 3.93 (1) (a) and (2) (a) and 3.94 (1) (a)
subsection 3.95 (1)
paragraph 3.96 (1) (a)
subsections 3.97 (1), 3.99 (1), 3.100 (1) and 3.100 (2).
[54] Further amendments Freephone numbers, local rate numbers and premium rate numbers
The following provisions are amended by omitting Freephone numbers and local rate numbers and inserting Freephone number, local rate number or a premium rate number:
section 3.53
section 3.65
section 3.75
section 3.82
section 3.88
section 3.90
section 3.98.
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