Telecommunications Numbering Plan Amendment 2001 (No. 6)

Administered by Department of Communications and the Arts

Legislation au F2005B00231 Not in force Legislative Instrument

Legislation content

Telecommunications Numbering Plan Amendment 2001 (No. 6)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this amendment under section 455 of the Telecommunications Act 1997.

Dated 21 December 2001

A J SHAW
Chair

R HORTON
Deputy Chair

 

Australian Communications Authority

 

1 Name of amendment

  This amendment is the Telecommunications Numbering Plan Amendment 2001 (No. 6).

2 Commencement

  This amendment commences on gazettal.

3 Amendment of Telecommunications Numbering Plan 1997

  Schedule 1 amends the Telecommunications Numbering Plan 1997.

 

Schedule 1 Amendments

(section 3)

 

[1] Before section 11.22

insert

Division 1 Registers of portable numbers

[2] Before section 11.25

insert

Division 2 Management of number portability

[3] After section 11.26

insert

Division 3 Reports about digital mobile phone numbers

11.27 Definitions for Division 3

  In this Division:

allocated prefix means a class of numbers that the ACA has allocated for a digital mobile service.

annual numbering charge means charge imposed under Part 3 of the Telecommunications (Numbering Charges) Act 1997.

permanently transferred prefix means a class of numbers that a carriage service provider has transferred to another carriage service provider:

 (a) in accordance with subsection 5A (2) of the Telecommunications (Numbering Charges) Act 1997; and

 (b) to be used for digital mobile services on the other carriage service provider’s network.

Type 1 holder means a carrier:

 (a) that is a carriage service provider that holds, on a day, a number to which an allocated prefix or a permanently transferred prefix relates; and

 (b) that:

 (i) if annual numbering charge is imposed on the number on that day — is liable to pay annual numbering charge on the number; or

 (ii) if annual numbering charge is not imposed on the number on that day — would be liable to pay annual numbering charge on the number if that charge were imposed on that day.

Note   Annual numbering charge for certain numbers is imposed on a day worked out in accordance with the Telecommunications (Numbering Charges) Act 1997. A carriage service provider that holds a number on a particular day is the provider that would be liable to pay numbering charge if the charge were imposed on that day.

Type 1 report means a report mentioned in subsection 11.28 (1).

Type 2 report means a report mentioned in subsection 11.29 (1).

11.28 Type 1 report

 (1) The ACA must, in writing, approve the form and content of a report (a Type 1 report) to be prepared by a carrier that is:

 (a) a carrier in relation to a relevant mobile service; and

 (b) a carriage service provider to which:

 (i) the ACA has allocated an allocated prefix; or

 (ii) another carriage service provider has transferred a permanently transferred prefix.

 (2) A Type 1 report must identify:

 (a) the carrier mentioned in subsection (1); and

 (b) the allocated prefix or permanently transferred prefix; and

 (c) each Type 1 holder in relation to the allocated prefix or permanently transferred prefix; and

 (d) how many numbers the Type 1 holder holds in relation to the allocated prefix or permanently transferred prefix.

 (3) A Type 1 report must state that the carrier preparing the report is not required:

 (a) to identify itself when providing information for paragraph (2) (c); and

 (b) to identify how many numbers it holds when providing information for paragraph (2) (d).

 (4) A Type 1 report may deal with other matters relating to the purposes mentioned in subsection 11.32 (1).

 (5) The ACA must, in writing, approve 1 or more ways in which a Type 1 report is to be given to the ACA.

11.29 Type 2 report

 (1) The ACA must, in writing, approve the form and content of a report (a Type 2 report) to be prepared by a carriage service provider that:

 (a) is a Type 1 holder that has been identified in a Type 1 report; and

 (b) is a carrier whose network is used by 1 or more other carriage service providers to supply a digital mobile service; and

 (c) has transferred a number to which an allocated prefix or permanently transferred prefix relates to another carriage service provider, in accordance with subsection 5A (2) of the Telecommunications (Numbering Charges) Act 1997, for use on the Type 1 holder’s network to supply a digital mobile service.

 (2) A Type 2 report must identify:

 (a) the carrier mentioned in subsection (1); and

 (b) each carriage service provider:

 (i) that supplies a digital mobile service using the Type 1 holder’s network; and

 (ii) that holds a number, in relation to the digital mobile service, to which an allocated prefix or permanently transferred prefix relates; and

 (iii) that:

 (A) if annual numbering charge is imposed on the number on that day — is liable to pay annual numbering charge on the number; or

 (B) if annual numbering charge is not imposed on the number on that day — would be liable to pay annual numbering charge on the number if that charge were imposed on that day; and

 (c) how many of those numbers the carriage service provider mentioned in paragraph (b) holds.

 (3) A Type 2 report must state that the carriage service provider preparing the report is not required:

 (a) to identify itself when providing information for paragraph (2) (b); and

 (b) to identify how many numbers it holds when providing information for paragraph (2) (c).

Note   Annual numbering charge for certain numbers is imposed on a day worked out in accordance with the Telecommunications (Numbering Charges) Act 1997. A carriage service provider that holds a number on a particular day is the provider that would be liable to pay numbering charge if the charge were imposed on that day.

 (4) A Type 2 report may deal with other matters relating to the purposes mentioned in subsection 11.32 (1).

 (5) The ACA must, in writing, approve 1 or more ways in which a Type 2 report is to be given to the ACA.

11.30 Compulsory Type 1 or Type 2 report

 (1) A carriage service provider to which subsection 11.28 (1) applies must give to the ACA a Type 1 report by the end of 14 days after the day determined under subsection 18 (2) of the Telecommunications (Numbering Charges) Act 1997.

 (2) A carriage service provider to which subsection 11.29 (1) applies must give to the ACA a Type 2 report by the end of 14 days after the day determined under subsection 18 (2) of the Telecommunications (Numbering Charges) Act 1997.

 (3) The carriage service provider must:

 (a) prepare the report using the approved form; and

 (b) give the report to the ACA in an approved way.

Note   The form of a Type 1 report, and the way to give it to the ACA, are approved by the ACA under section 11.28. The form of a Type 2 report, and the way to give it to the ACA, are approved by the ACA under section 11.29.

11.31 Request for Type 1 or Type 2 report

 (1) The ACA may, in writing:

 (a) request a carriage service provider to which subsection 11.28 (1) applies to give to the ACA a Type 1 report; or

 (b) request a carriage service provider to which subsection 11.29 (1) applies to give to the ACA a Type 2 report.

 (2) The request must state that the carriage service provider must give the report by the end of 4 weeks after the date of the request.

 (3) The carriage service provider must:

 (a) prepare the report using the approved form; and

 (b) give the report to the ACA in an approved way; and

 (c) give the report to the ACA by the end of 4 weeks after the date of the request.

Note   The form of a Type 1 report, and the way to give it to the ACA, are approved by the ACA under section 11.28. The form of a Type 2 report, and the way to give it to the ACA, are approved by the ACA under section 11.29.

11.32 Using Type 1 or Type 2 report

 (1) The ACA must use a Type 1 or Type 2 report only:

 (a) to identify the holder of a number to which annual numbering charge applies; or

 (b) to work out correctly an amount of numbering charge; or

 (c) to administer numbering charge correctly.

 (2) If the ACA is not given a Type 1 or Type 2 report by the end of the period for giving the report, the ACA may rely on information available to it:

 (a) to identify the holder of a number to which annual numbering charge applies; or

 (b) to work out an amount of numbering charge; or

 (c) to administer numbering charge.

Note   If the ACA acts on inaccurate information, because it has not been given a Type 1 or Type 2 report, the ACA may attempt to recover annual numbering charge in respect of a particular number from a carriage service provider that is not liable to pay it.

To avoid this, it is in each carriage service provider’s interests to comply with a request for a Type 1 or Type 2 report so that the ACA has accurate information about numbers.

 

Overview

The Telecommunications Numbering Plan Amendment 2001 (No. 6) was enacted by the Australian Communications Authority (ACA) under section 455 of the Telecommunications Act 1997. This amendment aimed to address gaps in the regulation of number portability and reporting requirements for digital mobile phone numbers within the Australian telecommunications sector. It specifically introduces new divisions into the Telecommunications Numbering Plan 1997 to manage portable numbers, regulate number portability, and ensure appropriate reporting for digital mobile phone numbers. The amendment was designed to provide clarity and structure to the process of number portability and ensure that the ACA has accurate information for administering annual numbering charges correctly. The policy objective is to facilitate efficient and transparent management of telecommunications numbering resources and to ensure the proper administration of charges associated with digital mobile services.

Scope and Application

The Telecommunications Numbering Plan Amendment 2001 (No. 6) applies to carriage service providers involved in telecommunications services, particularly those operating within the digital mobile sector in Australia. This amendment introduces new requirements for the reporting of digital mobile phone numbers, specifically concerning the allocation and transfer of certain prefixes and the imposition of annual numbering charges. The amendment applies nationally across Australia, as it is made under the authority of the Commonwealth through the Australian Communications Authority (ACA). It does not explicitly state any exclusions or exemptions but instead mandates that certain reports be prepared and submitted to the ACA within specified timeframes. The scope of this legislation is extended through the subordinate instrument, which details the form and content of the reports, the specific timelines for submission, and the penalties for non-compliance. The amendment is designed to ensure that the ACA has accurate and timely information for administering numbering charges correctly and identifying the holders of numbers subject to such charges.

Key Provisions

The Telecommunications Numbering Plan Amendment 2001 (No. 6) primarily involves changes to the Telecommunications Numbering Plan 1997, introducing new sections and divisions regarding the management and reporting of portable numbers and digital mobile phone numbers. Specifically, the amendment inserts new divisions into the existing numbering plan, including Division 1 which pertains to registers of portable numbers, Division 2 which concerns the management of number portability, and Division 3 which focuses on reports about digital mobile phone numbers (sections 11.22, 11.25, and 11.26). These new sections include detailed definitions and requirements for various types of reports, namely Type 1 and Type 2 reports, which must be submitted to the Australian Communications Authority (ACA). The obligations imposed by this amendment include the requirement for the ACA to approve the form and content of Type 1 and Type 2 reports, as well as the methods for submitting these reports. Type 1 reports, which must be prepared by carriers with allocated or transferred prefixes, need to identify specific details such as the carrier, the prefix, and the number of numbers held by Type 1 holders (sections 11.28 and 11.29). Similarly, Type 2 reports, which must be prepared by Type 1 holders who have transferred numbers, need to provide information on the network users and the numbers they hold (section 11.29). These reports must be submitted within specific timeframes, either automatically or upon request from the ACA (section 11.30 and 11.31). Failure to comply with the requirements to submit Type 1 or Type 2 reports can result in the ACA using available information instead, which may lead to inaccuracies in identifying number holders and calculating numbering charges. In such cases, the ACA may attempt to recover incorrect charges from non-liable parties, highlighting the importance of accurate reporting. While the legislation does not explicitly state civil or criminal penalties for non-compliance, the potential for financial repercussions underscores the importance of adhering to the stipulated reporting requirements.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.