Telecommunications (Emergency Call Service) Revocation Determination 2008

Administered by Department of Communications and the Arts

Legislation au F2008L03497 Not in force Legislative Instrument

Select Document

EXPLANATORY STATEMENT

Issued by the authority of the Australian Communications and Media Authority

Telecommunications (Emergency Call Service) Revocation Determination 2008

Background

The Telecommunications (Emergency Call Service) Revocation Determination 2008 (Revocation Determination) revokes:

the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1)(Amendment Determination 1); and
the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008(Amendment Determination 2).

The Telecommunications (Emergency Call Service) Determination 2002 was made under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (‘the TCPSS Act’) which requires the Australian Communications and Media Authority (ACMA) to make a written determination imposing requirements on any or all of the following:

Carriers,
Carriage Service Providers (CSPs) and
Emergency Call Persons

in relation to the emergency call service.

Section 147(9) of the TCPSS Act requires that, before making a determination, ACMA must consult representatives of each of the following groups:

Carriers;
Carriage Service Providers;
Recognised persons who operate an emergency call service;
Emergency Service Organisations; and
Consumers of standard telephone services.

The ECS Determination is to be read in conjunction with the Telecommunications (Emergency Call Persons) Determination 1999, which specifies both Telstra and the National Relay Service (NRS) provider as national providers of emergency call services (that is, emergency call persons). The NRS provider is currently Australian Communication Exchange Limited.

The emergency call service numbers 000, 112 and 106 are specified in the Telecommunications Numbering Plan 1997 (the Plan) as the numbers to be used for access to emergency services. Telstra has the responsibility of providing the service which answers calls to the emergency call service numbers 000 and 112, and transfers them, with relevant associated information, to the requested emergency service organisation.

The NRS provider has the same responsibility with regard to the emergency call service number 106, specified in the Plan for use as a secondary emergency service number, and which connects to the text-based relay service for people who are Deaf or who have a hearing or speech impairment.

The ‘emergency call service’ (ECS) is defined in section 7 of the Telecommunications Act 1997, and ‘emergency service organisation’ is defined in subsection 147(11) of the TCPSS Act. In summary, the emergency call person (‘the ECP’) can only connect callers to a police, fire or ambulance service, or a service for dispatching a police, fire or ambulance service.

GSM mobile phone and satellite phone handsets are designed to provide access to ECS numbers regardless of the presence of a unique service identifying number (USIN). An example of a USIN is the information contain in a subscriber identity module (SIM). Without a SIM, the caller is in effect anonymous.

In January 2008, the ACMA made the Amendment Determination 1 to remove the obligation on carriage service providers (‘CSPs’) to provide an emergency call service to USIN-less calls. Amendment Determination 1 was registered on 19 February 2008. The effect of the commencement provision in Amendment Determination 1 was that it would commence 3 months after registration. That is, it was due to commence on 19 May 2008.

In late April 2008, mobile phone carriers advised ACMA that their testing had identified a scenario where a genuine emergency call from a phone with a working SIM could be blocked. For this reason, ACMA felt it necessary to delay the removal of the obligation to carry USIN-less calls to the ECS by four months by making Amendment Determination 2.

Further carrier testing confirmed that there is not currently a solution that would allow USIN-less calls to be blocked without the risk of a genuine call to the ECS being blocked.

ACMA and all four mobile network carriers are of the view that it would be an unacceptable risk to proceed with this approach and therefore the Revocation Determination has been made.

Consultation

In August 2008, ACMA consulted with industry, to meet its obligations for amending the ECS Determination under the TCPSS Act, the Authority released a statement of information for stakeholders to comment on. All comments received were supportive of the Revocation Determination.

Regulation Impact Statement

A Regulation Impact Statement is not required for the Revocation Determination as the costs to industry and restrictions on competition are not significant.

NOTES ON SECTIONS

Section 1 – Name of Determination

Section 1 provides for the citation of the Determination as the Telecommunications (Emergency Call Service) Revocation Determination 2008.

Section 2 – Commencement

Section 2 provides that the Determination commences on 18 September 2008.

Section 3 – Revocation of the Telecommunications (Performance Standards) Determination 2002

Section 3 revokes the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No.1) and the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No.1) Amendment Determination 2008.

Overview

The Telecommunications (Emergency Call Service) Revocation Determination 2008 was enacted to address an issue identified with the removal of the obligation on carriage service providers (CSPs) to provide an emergency call service to unique service identifying number (USIN)-less calls. The Australian Communications and Media Authority (ACMA) initially made the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) to eliminate this obligation, but later identified a risk that genuine emergency calls from phones with working SIMs could be inadvertently blocked. Consequently, ACMA issued the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008 to delay the removal of this obligation by four months. After further testing and consultations with mobile network carriers, ACMA determined that there was no viable solution that would allow USIN-less calls to be blocked without risking genuine emergency calls being blocked. Therefore, the Telecommunications (Emergency Call Service) Revocation Determination 2008 was made to revoke the previous amendment determinations, recognising the unacceptable risk of such an approach. This determination was enacted to ensure the continued provision of emergency call services, thereby safeguarding public safety.

Scope and Application

The Telecommunications (Emergency Call Service) Revocation Determination 2008 applies to the telecommunications industry in Australia, specifically to carriers, carriage service providers, and emergency call persons, as defined under the Telecommunications (Consumer Protection and Service Standards) Act 1999. The determination revokes the previous Amendment Determinations that had aimed to modify the obligations concerning emergency call services for calls without a Unique Service Identifying Number (USIN). Given the potential risks identified during carrier testing, the revocation ensures that the obligation to provide emergency call services to USIN-less calls is maintained. The scope of the determination is national, affecting all telecommunications carriers and providers operating within Australia. It does not impose any new exclusions or exemptions but effectively reverses the changes proposed by the previous amendment determinations. The revocation came into effect on 18 September 2008, as specified in the commencement section of the determination.

Key Provisions

The Telecommunications (Emergency Call Service) Revocation Determination 2008 (section 3) revokes two previous determinations: the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) and the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008. These revocations mean that the obligations and standards previously set for emergency call services by these determinations are no longer in effect. This revocation was necessary due to identified risks and complications in implementing the previously set changes, particularly concerning the handling of calls without a Unique Service Identifying Number (USIN), such as those from some mobile phones and satellite phones. Under the revoked determinations, there were specific obligations placed on carriers and Carriage Service Providers (CSPs) to ensure that all calls to emergency services numbers (000, 112, and 106) were carried and connected appropriately, even if the call originated from a phone without a USIN. The revocation of these determinations means that the specific requirements and standards set for these services have been lifted, and carriers and CSPs are no longer bound by those particular obligations. However, the general obligation to provide a reliable and accessible emergency call service remains in force under the overarching Telecommunications (Consumer Protection and Service Standards) Act 1999. The revocation of the Amendment Determinations removes the obligations and requirements that were to be implemented by 19 May 2008, which had been delayed by four months to 19 September 2008. With the Revocation Determination, these obligations are no longer applicable. Consequently, the immediate obligations on carriers and CSPs revert to the original standards and requirements set under the Telecommunications (Emergency Call Service) Determination 2002, which are now the primary governing standards. There are no specific offences, penalties, or civil/criminal consequences outlined in the Revocation Determination itself, as it primarily serves to revoke previous determinations rather than introduce new obligations. However, any breaches of the general obligations under the Telecommunications (Consumer Protection and Service Standards) Act 1999 could result in penalties as stipulated in that Act. These penalties can include fines and other civil or administrative actions for non-compliance, depending on the nature and severity of the breach. The exact penalties are determined according to the provisions of the TCPSS Act and related regulations.

Area of Law: Telecommunications Law
Instrument: Determination
Concepts: Commencement Provisions; Regulatory Standards; Consultation Requirements

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content