Telecommunications Numbering Plan Variation 2004 (No. 6)

Overview

The Telecommunications Numbering Plan Variation 2004 (No. 6) was enacted to address issues and gaps within the existing telecommunications numbering framework. This legislative instrument, created by the Australian Communications Authority under section 455 of the Telecommunications Act 1997, aims to amend the Telecommunications Numbering Plan 1997. Specifically, it introduces measures to restrict the use of premium rate numbers for adult services. This variation was introduced to provide clarity and regulation around the use of premium rate numbers, ensuring they are not used for supplying adult services until further determination by the Authority regarding access controls for such services. This adjustment reflects the Authority's intention to eventually allow the supply of adult services on premium rate numbers beginning with 195 and 196, pending a service provider determination under section 99 of the Act.

Scope and Application

The Telecommunications Numbering Plan Variation 2004 (No. 6), made under section 455 of the Telecommunications Act 1997, applies to the allocation and usage of premium rate numbers within Australia. This legislative instrument specifically targets persons and entities involved in the telecommunications industry, prohibiting the use of premium rate numbers for supplying adult services. The variation affects all premium rate numbers listed in Schedule 4C and used for services that charge a premium rate. The reach of this Act is national, applying across all states and territories of Australia. Notably, the Act does not specify any exclusions or exemptions, and its application is direct without the need for subordinate instruments. However, the Australian Communications Authority (ACA) has indicated an intention to replace the relevant section after making a service provider determination under section 99 of the Act, allowing the supply of adult services on premium rate numbers beginning with 195 and 196.

Key Provisions

The Telecommunications Numbering Plan Variation 2004 (No. 6) primarily addresses modifications to the Telecommunications Numbering Plan 1997, with specific changes outlined in Schedule 1. This variation, enacted under section 455 of the Telecommunications Act 1997, modifies the existing numbering plan by updating certain sections and definitions. Notably, section 3.37B, which pertains to the prohibition of using premium rate numbers to supply adult services, has been substituted with new provisions (section 3). This amendment indicates that, as of the variation's commencement, a person must not use a premium rate number to provide adult services, although the Australian Communications Authority (ACA) intends to revise this rule after making a service provider determination under section 99 of the Act, which concerns access controls for adult services. The variation imposes specific obligations on parties subject to the Telecommunications Numbering Plan 1997. Most significantly, it mandates that premium rate numbers should not be used for supplying adult services. This requirement is intended to regulate the use of premium rate services, ensuring they are not misused for supplying adult content. Additionally, the variation introduces a new definition of "premium rate number" (section 3.37B), clarifying that it refers to a number listed in Schedule 4C and used for a premium rate service. These changes aim to provide clarity and consistency in the use of premium rate numbers, ensuring they are appropriately designated and used in compliance with the regulations. Failure to comply with the provisions outlined in this variation may result in civil or criminal consequences. While the specific penalties are not detailed in the text provided, breaches of the Telecommunications Act 1997 and its associated regulations generally attract penalties as prescribed by the legislation. These penalties can include fines or other sanctions that may vary depending on the severity and nature of the breach. The ACA has the authority to enforce these penalties, ensuring that parties adhere to the updated numbering plan and associated regulations. The variation's provisions are designed to protect consumers and maintain the integrity of the telecommunications numbering system, making compliance essential for all affected parties.