EXPLANATORY STATEMENT
Prepared by the Australian Communications and Media Authority
Telecommunications Numbering Plan Commencement Instrument 2015
Telecommunications Numbering Plan 2015
Purpose
Section 2 of the Telecommunications Numbering Plan 2015 (the Numbering Plan) provides for sections 5 to 135 of the Numbering Plan to commence on a day to be fixed by the ACMA by legislative instrument. The Telecommunications Numbering Plan Commencement Instrument 2015 (the Commencement Instrument) sets that day as 1 August 2015.
Legislative provisions
On 10 March 2015, the ACMA made the Numbering Plan under subsection 455(1) of the Telecommunications Act 1997 (the Act). The Numbering Plan specifies the numbers that are for use in connection with the supply of carriage services to the public in Australia and sets out rules about the allocation of numbers to carriage service providers, the transfer of allocated numbers between carriage service providers, the surrender or withdrawal of allocated numbers, the portability of allocated numbers, and the use of allocated numbers in connection with the supply of carriage services to the public (including rules about the issue of allocated numbers to customers).
Section 2 of the Numbering Plan provides for the ACMA to fix a single day by legislative instrument upon which the substantive provisions, sections 5 to 135, of the Numbering Plan commence. Section 2 of the Numbering Plan also provides that Schedules 1 to 8 commence at the same time as sections 5 to 135 of the Numbering Plan. If the Commencement Instrument were not made, sections 5 to 135 of, and Schedules 1 to 8 to, the Numbering Plan would commence on 1 October 2015.
Operation
The Commencement Instrument sets the day for commencement of the substantive provisions of the Numbering Plan as 1 August 2015. In accordance with paragraph 12(1)(d) of the Legislative Instruments Act 2003 (LIA), the Commencement Instrument commences the first moment of the day after it is registered on the Federal Register of Legislative Instruments.
Background
Sections 5 to 135 of, and Schedules 1 to 7 to, the Numbering Plan contain the substantive provisions of the Numbering Plan, providing for the specification of numbers for use in connection with the supply of carriage services to the public in Australia and rules about the allocation, transfer, surrender, withdrawal, portability and use of numbers. Schedule 8 to the Numbering Plan repeals the Telecommunications Numbering Plan 1997. Upon commencement of these provisions, the Numbering Plan replaces the Telecommunications Numbering Plan 1997.
Under section 467 of the Act, the ACMA is able to delegate any or all of the powers conferred on it by the Numbering Plan to a body corporate. For many years, the ACMA’s powers and functions in relation to the allocation of some freephone, local rate and premium rate numbers had been delegated to an external provider. During 2014, the ACMA published a Request for Tender to identify a provider to perform a wider range of numbering services and, on 12 September 2014, the Commonwealth awarded Zoak Pty Ltd the contract to build a numbering system and to provide allocation and administrative services for most of Australia’s telephone numbers from August 2015.
In order to facilitate the delegation of the majority of the ACMA’s numbering functions, the Numbering Plan streamlines the decision-making requirements that apply to number allocations. This is intended to make it easier to automate the processing of certain number applications. The Numbering Plan also moves from an auction based approach to the allocation of “smartnumbers” (particular freephone and local rate numbers with enhanced rights of use) to an over-the-counter method of allocation of these numbers.
To ensure continuity of the numbering arrangements under the Telecommunications Numbering Plan 1997 during the transition to the new numbering system, the Numbering Plan provided for the majority of its provisions to commence on a later date, to be set by the ACMA by legislative instrument, or, at the latest, on 1 October 2015.
The Commencement Instrument sets the commencement date for the substantive provisions of the Numbering Plan as 1 August 2015. From this date onwards, the numbering transactions will be governed by the Numbering Plan. However, the ACMA’s new contracted service provider and delegate will not commence operation of the new numbering system in accordance with the Numbering Plan until 3 August 2015. The ACMA’s previous delegate will cease providing numbering services on 31 July 2015 and it is proposed that there be a period during which no numbering services be provided by the previous delegate, Zoak or the ACMA, between 7pm on 31 July 2015 and 1pm on 3 August 2015. The ACMA has discussed and agreed the timing and duration of this period with carriage service providers and their representatives.
Consultation
The ACMA determined that no consultation was necessary for this legislative instrument as the instrument is machinery in nature and merely has the effect of commencing the substantive provisions of the Numbering Plan, which were subject to consultation prior to the making of the Numbering Plan. However, as mentioned above, the ACMA has discussed and agreed the timing of the commencement of the new numbering system being provided in accordance with the Numbering Plan with carriage service providers and the commencement instrument sets a date that is consistent with this agreement.
Regulation impact
The Office of Best Practice Regulation (OBPR) has determined that the Commencement Instrument is machinery in nature and accordingly has advised that no further regulatory impact analysis is required. The OBPR reference is 19048.
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LIA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Commencement Instrument fixes the day on which sections 5 to 135 of, and Schedules 1 to 8 to, the Numbering Plan commence. Sections 5 to 135 of, and Schedules 1 to 7 to, the Numbering Plan contain the substantive provisions of the Numbering Plan which effectively replace the Telecommunications Numbering Plan 1997, which is repealed upon the commencement of Schedule 8 of the Numbering Plan.
The ACMA has considered whether the Commencement Instrument engages any applicable human rights or freedoms and has formed the view that it does not. The Commencement Instrument is compatible with human rights as it does not raise any human rights issues.