Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1) (Cth)
Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1)
as amended
made under subsection 99 (1) of the
Telecommunications Act 1997
This compilation was prepared on 19 August 2004
taking into account amendments up to Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
Part 1Preliminary
1.1Name of Determination [see Note 1] 3
1.2Commencement 3
1.3Definitions 3
Part 2Purpose and application of Determination
2.1Purpose 5
Part 3Information about premium services
3.1Information 6
Notes 8
Part 1 Preliminary
1.1 Name of Determination [see Note 1]
This Determination is the Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1).
1.2 Commencement
This Determination commences on 19 August 2004.
1.3 Definitions
In this Determination:
190 premium service means a carriage service or a content service using a number with a prefix starting with ‘190’.
Act means the Telecommunications Act 1997.
international number has the meaning given by the numbering plan.
over-ride code means a code that allows a customer to use an alternative carriage service provider on a call-by-call basis.
premium service means:
(a) a 190 premium service; or
(b) a carriage service used to supply:
(i) a content service; or
(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.
relevant billing carriage service provider, in relation to a relevant customer, means the relevant carriage service provider that is responsible for billing the customer for the supply of 190 premium services.
relevant carriage service provider means a carriage service provider that provides access to premium services.
relevant customer means a person who has entered into an agreement with a relevant carriage service provider for:
(a) the supply of a carriage service using a line connected to the person’s customer equipment; or
(b) the supply of a public mobile telecommunications service to the person’s mobile equipment (within the meaning of subsection 33 (1) of the Act);
if the nature of the carriage service supplied by the relevant carriage service provider allows access to premium services.
Note 1 If a person has 1 line that is used for the supply of voice calls, and a different line that is used for the supply of Internet services, the person is a customer in relation to each of the lines. Therefore, if 2 or more carriage services are supplied to a person, the person can be a relevant customer in relation to the supply of each carriage service.
Note 2 The following terms are defined in the Telecommunications Act 1997:
· carriage service
· carriage service provider
· customer equipment
· numbering plan
· public mobile telecommunications service.
Part 2 Purpose and application of Determination
2.1 Purpose
(1) Subsection 99 (1) of the Act provides that the ACA may make a written determination setting out rules that apply to service providers in relation to the supply of either or both of the following:
(a) specified carriage services;
(b) specified content services.
Note 1 A determination must relate to a matter specified in the Telecommunications Regulations 2001 or in section 346 of the Act (which relates to designated disaster plans) — see subsection 99 (3) of the Act.
Note 2 The ACA must consult with the Australian Competition and Consumer Commission before making a determination — see subsection 99 (4) of the Act.
(2) This Determination sets out rules that apply to carriage service providers in relation to the supply of premium services.
Part 3 Information about premium services
3.1 Information
(1) A relevant carriage service provider must prepare the following information relating to calls to premium services:
(a) the definition of premium service;
(b) an overview of kinds of premium services that may be supplied to a relevant customer;
(c) information about the financial risks associated with premium services;
(d) information about the action that a relevant customer may take to lessen the risk of unexpected high bills for premium services;
(e) an explanation of how international numbers may be accessed by another carriage service provider’s over-ride code;
(f) an explanation of the calling charges associated with premium services (for example, the difference between flat rate charges and charges per minute);
(g) an explanation of how liability for the cost of premium services arises, including an explanation of how to determine who is to pay for the supply of a premium service;
(h) an explanation of actions that a relevant customer may take to restrict the services supplied using the customer’s account;
(i) a description of the role, and contact details, of complaint handling organisations, including:
(i) the relevant carriage service provider; and
(ii) the Telecommunications Industry Ombudsman (TIO); and
(iii) the Telephone Information Services Standards Council (TISSC); and
(iv) the ACA.
(2) The relevant carriage service provider must keep the information up to date.
(3) Subject to subsection (4A), the relevant carriage service provider must give the information, in writing, to each of its relevant customers:
(a) as soon as practicable after this Determination commences; and
(b) at least once in each period of 2 years after the provider first gives the information to the customer.
(4) Subject to subsection (4A), if a person becomes a relevant customer after this Determination commences, the relevant carriage service provider must give the information, in writing, to the customer:
(a) as soon as practicable after the person becomes a relevant customer; and
(b) at least once in each period of 2 years after the provider first gives the information to the customer.
(4A) For subsection 3.1 (3) and paragraph 3.1 (4) (b), in the case of a pre-paid customer, the carriage service provider is taken to have given the information, in writing, to the customer if the carriage service provider:
(a) delivers the information to the customer in person; or
(b) sends the information by pre-paid post to the address listed in the provider’s records for the customer; or
(c) transmits the information to the customer’s electronic mail address if the customer:
(i) has an electronic mail address; and
(ii) gives his or her consent to the sending of information by the provider to the customer at that address; or
(d) makes the information available to the customer by means such as through a website, or at a retail outlet of the provider, and advises the customer (by means of a recorded message or text message, or in writing), when the customer adds additional credit to his or her pre-paid account, how the customer can obtain the information.
(4B) For paragraph (4A) (d), the information must be available in accordance with the advice when the advice is provided.
(5) In addition to subsections (3) and (4), the relevant carriage service provider must give the information, in writing, to a person on request.
(6) A relevant billing carriage service provider is taken to have complied with a provision of this section in relation to a customer if another carriage service provider:
(a) is a relevant carriage service provider in relation to the customer; and
(b) complies with the provision in relation to the customer.
(7) If the ACA:
(a) considers that the information is not adequate for the purposes of this Determination; and
(b) gives the relevant carriage service provider a notice setting out the information that must be provided to a customer;
the relevant carriage service provider must provide information to the customer in accordance with the notice.
Note Under Part 29 of the Act, decisions of an administrative character under this Determination are subject to reconsideration by the ACA. Application may be made to the Administrative Appeals Tribunal for review of the decision if the decision is affirmed or varied on reconsideration.
(8) In this section:
pre-paid customer means a customer of a pre-paid public mobile telecommunications service, within the meaning given by section 1.5 of the Telecommunications (Service Provider — Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000.
Notes to the Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1)
Note 1
The Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1) (in force under subsection 99 (1) of the Telecommunications Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1) | 26 May 2004 (see Gazette 2004, No. GN21) | 19 Aug 2004 | |
| Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1) | 18 Aug 2004 (see Gazette 2004, No. GN33) | 19 Aug 2004 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 3.1...................................... | am. 2004 No. 1 |
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