Telecommunications Numbering Plan Variation 2004 (No. 5)

Administered by Department of Communications and the Arts

Legislation au F2005B00160 Not in force Legislative Instrument

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

Dated 14 July 2004

R HORTON
Chair

A HORSLEY
Deputy Chair

Australian Communications Authority

1 Name of variation

This variation is the Telecommunications Numbering Plan Variation 2004 (No. 5).

2 Commencement

This variation commences on gazettal.

3 Variation of Telecommunications Numbering Plan 1997

Schedule 1 varies the Telecommunications Numbering Plan 1997.

Schedule 1 Variations

(section 3)

[1] Section 3.75B definitions of Auction Determination and Charities Determination

substitute

Auction Determination means the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2003 made under section 463 of the Telecommunications Act 1997, or a subsequent determination made under that section that determines a system for allocating freephone and local rate numbers (other than a Charities Determination).

Charities Determination means the Telecommunications (Freephone and Local Rate Numbers - Charities) Allocation Determination 2003 made under section 463 of the Telecommunications Act 1997, or a subsequent determination made under that section that determines a system for allocating freephone and local rate numbers exclusively for use by charities.

[2] Section 3.75H

substitute

3.75H Register

(1) The ACA will establish a Register of numbers and ROU-holders.

(2) The Register is to contain the following information:

(a) the number; and

(b) the name of the ROU-holder for the number; and

(3) A ROU-holder must update the Register, using the form made available by the ACA, with any change in his or her address, telephone and fax numbers or email address which are contained in the Register.

(4) A person who becomes a ROU-holder as the result of a trade must update the Register, using the form made available by the ACA, with his or her name and, if the ROU-holder agrees, his or her address, telephone and fax numbers and email address.

(5) The ACA must make the Register available to the public.

(6) The Register may be in electronic form.

(7) The ACA may correct any error or omission in the Register information about a ROU-holder.

[3] Section 3.75J

substitute

3.75J Trading the rights of use and licensing a number

(1) The ROU-holder may trade all his or her rights of use. However, this does not entitle the ROU-holder to trade only some of the rights of use.

NOTE: The surrender and quarantine of the number does not prevent the ROU-holder from trading the number.

(2) The ROU-holder for a number may license another person to have an active service on the number.

NOTE: A carriage service provider must not hinder the porting of a number – see section 11.9.

(3) If the ROU-holder is a charity that obtained the rights of use for a number under the Charities Determination, the charity may only trade the rights of use, or license the number, to an eligible charity to whom the number is a strategic FLRN within the meaning of the Charities Determination.

(4) Trading of the rights of use:

(a) must be in writing, using the form made available by the ACA; and

(b) must include the number to which the rights of use relate, the names of the parties and the date; and

(d) for a number obtained under the Charities Determination, must include a written statement by the body to which the rights of use are to be traded that:

(i) the body is an eligible charity within the meaning of the Charities Determination; and

(ii) the number is a strategic FLRN for the body within the meaning of the Charities Determination.

NOTE: A person who becomes the ROU-holder as the result of a trade must ensure that the Register contains accurate information – Section 3.75H.

(5) The carriage service provider to which the number is allocated must not do anything to hinder the trading of the rights of use or licensing the number.

(6) A ROU-holder may not trade his or her rights of use to provide security for a loan.

[4] Schedule 11

substitute

Schedule 11 Reviewable decisions of the ACA

(section 12.2)

The following kinds of decisions are mentioned for section 12.2:

1 A decision under section 3.75N to cancel the rights of use and withdraw a freephone or local rate number.

2 A decision under section 3.75P to cancel the rights of use and withdraw a freephone or local rate number.

3 A decision under section 3.75Q to cancel the rights of use and withdraw a freephone or local rate number.

4 A decision under subsection 3.93 (3) to withdraw a freephone or local rate number.

5 A decision under subsection 3.95 (2) to withdraw a freephone or local rate number.

6 A decision under subsection 3.96 (2) to withdraw a freephone or local rate number.

7 A decision under subsection 5A.9 (1) to refuse to allocate an international signalling point code.

8 A decision under subsection 5A.15 (3) to refuse to extend a period.

9 A decision under paragraph 5A.18 (3) (b) to refuse permission to use an international signalling point code to perform a new function.

10 A decision under paragraph 5A.27 (2) (a) to withdraw an international signalling point code.

11 A decision under subsection 6.22 (4) to allocate a number that is not a pooled number if there is more than 1 request for the number.

12 A decision under subsection 6.24 (5) to allocate fewer numbers, that are not pooled numbers, than the unit size.

13 A decision under subsection 6.26 (1) to allocate a number, that is not a pooled number, with effect from, or until, a particular date.

14 A decision under subsection 6.26 (3) to extend, or make permanent, an allocation of a number that is not a pooled number.

15 A decision under subsection 6.27 (1) to allocate a number subject to conditions (general).

16 A decision under subsection 6.28 (2) to allocate a number subject to a condition about an information program.

17 A decision under subsection 6.29 (1) to approve or refuse a routine application for allocation of a number that is not a pooled number.

18 A decision under subsection 6.30 (1) to approve or refuse a complex application for allocation of a number that is not a pooled number.

19 A decision under section 6.33 to refuse an application to vary an allocation of numbers.

20 A decision under subsection 7.11 (6) to approve a transfer of a number.

21 A decision under subsection 7.17 (4) or (6) to refuse an application for approval to surrender numbers.

22 A decision under subsection 7.20 (1) to withdraw numbers.

23 A decision under subsection 7.21 (1) to withdraw numbers.

24 A decision under subsection 7.23 (1) to withdraw numbers.

25 A decision under subsection 7.23 (7) to revoke a decision to withdraw numbers.

26 A decision under subsection 7.24 (1) to withdraw numbers.

27 A decision under section 7.24A to withdraw numbers.

28 A decision under subsection 10.5 (2) to allow a carriage service provider to recover and replace a number.

29 A decision under subsection 10.18 (2) to grant an exemption from an obligation in Chapter 10.

30 A decision under subsection 11.19 (1) to grant an exemption for a carriage service provider or class of carriage service providers.

Overview

The Telecommunications Numbering Plan Variation 2004 (No. 5) was enacted by the Australian Communications Authority under section 455 of the Telecommunications Act 1997. This variation was introduced to address the need for updating the definitions related to the allocation of freephone and local rate numbers, specifically differentiating between the allocation systems for general use and those exclusively for charities. This variation also establishes a Register of numbers and rights of use (ROU) holders, which is to be maintained by the ACA, ensuring transparency and facilitating the tracking of number ownership and associated details. The policy objective of these variations is to provide clarity and structure in the allocation and trading of telecommunications numbers, particularly freephone and local rate numbers, to support effective regulation and service provision within the telecommunications sector. The variation outlines specific procedures for updating the Register, including requirements for ROU holders to provide accurate and current information, and mandates the public availability of the Register, which may be maintained in electronic form. Additionally, the variation sets out rules for the trading and licensing of rights of use for telecommunications numbers, ensuring that such transactions are properly documented and subject to certain conditions, particularly when involving numbers allocated for charitable purposes. This regulatory framework aims to balance the interests of ROU holders, service providers, and the public in the efficient and orderly management of telecommunications resources.

Scope and Application

The Telecommunications Numbering Plan Variation 2004 (No. 5), enacted by the Australian Communications Authority under section 455 of the Telecommunications Act 1997, applies to the variation of the Telecommunications Numbering Plan 1997, specifically addressing the allocation and trading of freephone and local rate numbers. The legislation pertains to rights of use (ROU) holders, including individuals and entities that possess the rights to use certain telecommunications numbers. This variation applies nationally, affecting all telecommunications entities and stakeholders within Australia. It does not specify exclusions or thresholds but sets out detailed procedures for the establishment and maintenance of a Register of numbers and ROU-holders by the Australian Communications Authority (ACA). Furthermore, it outlines the conditions under which ROU-holders can trade their rights of use and license their numbers, with specific restrictions for charities. The variation also delineates the reviewable decisions of the ACA concerning the allocation and withdrawal of telecommunications numbers, providing a structured process for addressing disputes and ensuring compliance with the updated numbering plan.

Key Provisions

The Telecommunications Numbering Plan Variation 2004 (No. 5) made by the Australian Communications Authority (ACA) under section 455 of the Telecommunications Act 1997, comes into effect on gazettal, which is the date of publication in the Commonwealth Gazette. This variation amends the Telecommunications Numbering Plan 1997 by modifying certain definitions and operational procedures regarding the allocation and trading of freephone and local rate numbers. Specifically, it updates the definitions of "Auction Determination" and "Charities Determination" to reflect subsequent determinations made under section 463 of the Act. Additionally, it mandates the establishment of a Register by the ACA, which will list allocated numbers and their respective Rights of Use (ROU) holders. The Register must include the number, the ROU-holder's name, and optionally their contact details if they consent. The variation imposes several obligations on ROU-holders. Firstly, they are required to update the Register with any changes to their contact information. If an ROU-holder changes due to a trade, they must also update the Register with their details. The ACA must maintain this Register and make it publicly accessible, either in electronic or paper form. Moreover, the ACA is authorised to correct any inaccuracies in the Register. Regarding the trading of rights of use, ROU-holders are permitted to trade all their rights but not selectively. Trades must be conducted in writing, using a form provided by the ACA, and include specific details such as the number, parties involved, and the date, and be signed by all parties. For charities trading under the Charities Determination, the receiving charity must be eligible and the number must be a strategic Freephone or Local Rate Number (FLRN) for them. Failure to comply with the requirements set forth in the Telecommunications Numbering Plan Variation 2004 (No. 5) may result in various consequences. While specific penalties are not detailed in the variation itself, breaches of the Telecommunications Act 1997 can lead to substantial civil or criminal penalties. For instance, unauthorised trading of rights of use or providing false information in the Register could potentially incur fines and other enforcement actions by the ACA. Additionally, the variation lists specific decisions by the ACA that are subject to review, such as the cancellation of rights of use and the withdrawal of numbers, allowing for judicial oversight and potential redress for affected parties.

Area of Law: Telecommunications Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Review & Sunset Clauses

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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.

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