Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1)

Overview

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) was introduced to address the problem of ensuring that emergency call services could be accurately located and responded to in situations where the equipment used does not provide a unique service identifying number. This amendment was made under subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999, with the aim of enhancing the reliability of emergency call services. This legislative instrument was enacted by the Parliament of Australia and was registered on 19 February 2008, commencing at the end of the seven-month period following its registration. The amendment primarily focuses on ensuring that emergency calls made from devices that do not supply a unique service identifying number, such as an International Mobile Subscriber Identity (IMSI), can still be accurately located and responded to by emergency services providers.

Scope and Application

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) amends the Telecommunications (Emergency Call Service) Determination 2002, and applies to all telecommunications service providers under the Telecommunications (Consumer Protection and Service Standards) Act 1999. The Amendment Determination primarily addresses the provision of emergency call services, specifically focusing on calls made using the emergency service numbers 000, 106, or 112 on public mobile telecommunications services or satellite services. It applies to instances where the customer equipment used to make such calls does not provide a unique service identifying number, such as an International Mobile Subscriber Identity (IMSI), to the provider. The Amendment Determination excludes certain subsections from applying in these specific scenarios, ensuring that the service standards do not hinder the accessibility and efficiency of emergency call services. The Determination has a national jurisdictional reach across Australia, and its provisions may be further extended or refined through subordinate instruments.

Key Provisions

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) primarily modifies the Telecommunications (Emergency Call Service) Determination 2002. Section 3 of the Schedule 1 to the Determination introduces a new subsection (8) following subsection 10(7), specifying that certain provisions of subsections 10(2), (2A), (3), (5) and (5A) do not apply in two specific scenarios. Firstly, when an end-user uses the emergency service numbers 000, 106 or 112 on a public mobile telecommunications service or a satellite service. Secondly, if the customer equipment used to make the call does not provide a unique service identifying number to the provider. An example of such a unique service identifying number is the International Mobile Subscriber Identity (IMSI), which identifies a subscriber of a public mobile telecommunications service that uses GSM or UMTS technologies. Under the amended provisions, telecommunications service providers are relieved from certain obligations when the two conditions mentioned above are met. This amendment is aimed at ensuring that emergency services remain accessible and efficient, even in situations where unique identification of the caller or their equipment is not possible. The obligation primarily falls on the service providers to ensure that emergency calls are not impeded by the absence of a unique identifying number from the customer equipment. Breaches of the provisions of this Determination may lead to legal consequences. While the Determination itself does not explicitly state the penalties for non-compliance, breaches of related telecommunications legislation, such as the Telecommunications (Consumer Protection and Service Standards) Act 1999, could result in significant fines and other penalties. For instance, failure to comply with the requirements of this Determination could potentially lead to civil penalties for the service providers, as well as criminal penalties in more severe cases of non-compliance. The exact penalties would depend on the specific nature and severity of the breach, as well as any applicable legislation.