Telecommunications Numbering Plan Variation 2005 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2005L01864 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications Authority

 

Telecommunications Act 1997

 

Telecommunications Numbering Plan Variation 2005 (No. 2)

 

 

STATUTORY BASIS

 

Subsection 455(1) of the Telecommunications Act 1997 (the Act) provides that the Australian Communications Authority (ACA) must, by written instrument, make a plan for the numbering of carriage services in Australian and use of numbers in connection with the supply of such services.  This instrument is the Telecommunications Numbering Plan 1997 (the Plan).  Subsection 455(10) of the Act allows the ACA to vary the Plan after having regard to the obligations imposed on carriage service providers by Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and recognised international standards.

 

PURPOSE OF VARIATION

 

The purpose of this variation is to delete provisions in the Plan that restrict the use of premium rate numbers. The provisions prohibit the supply of content that is refused classification, rated X18+, R18+, MA and MA15+.   Corresponding definitions will also be removed from the Plan’s Dictionary.  Each of these provisions will be replaced by a new service provider determination made under section 99 of the Act that will commence at the same time as this amendment.

 

In providing its RIS exception advice, the Office of Regulation Review noted that “it appears that a RIS is not mandatory as the proposal is minor and machinery in nature and does not substantially alter existing arrangements.”

 

BACKGROUND

 

In May 2004 and September 2004 the Plan was amended by Telecommunications Numbering Plan Variation 2004 (No. 3) and Telecommunications Numbering Plan Variation 2004 (No. 6) which imposed restrictions on particular content on numbers for use in connection with premium rate services.  The effect of the variations was twofold.  Firstly, to ensure that inappropriate content was not supplied via any number the ACA prohibited content that had been refused classification or which was or would be rated X18+ (“prohibited content”) from being supplied on any number. Secondly, to ensure that adult content would not be provided to minors, the ACA prohibited the use of a premium rate number to supply adult services. The variations indicated that the ACA intended to allow adult content to be supplied on a restricted number range subsequent to making a service provider determination under section 99 to the Act.

 

 

The Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) made under section 99 of the Act restricts the provision of adult content to numbers beginning with 195 and 196 and prohibits prohibited content. Accordingly it is not necessary to provide these same restrictions in the Plan and this variation provides for their removal.

 

CONSULTATION

 

The ACA consulted widely regarding the specification of premium rate numbers for SMS based services in the previous variations to the Plan.  The consultation process included two discussion papers (released in October 2002 and January 2003) as well as public seminars in Melbourne and Sydney during 2003.  The draft variations also underwent a 90 day consultation period in accordance with subsection 460(3) of the Act.

 

As permitted under subsection 460(3) of the Act the ACA did not consult on this variation to the Plan.  The ACA is not of the opinion that the variation will affect a number issued to a customer as premium rate numbers are issued to carriage service providers, not customers.  Further the ACA is not of the opinion that it is in the public interest to consult about the variation to the Plan due to the wide consultation that took place during the development of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) which will contain provisions that correspond to the provisions that are being removed in this variation.

 

The consultation for the service provided determination included:

  • the release of a draft Determination and discussion paper for public comment;
  • public meetings in Canberra, Sydney and Melbourne;
  • regular consultation with industry, including carriage service providers to whom the numbers are issued, and consumer bodies on the proposals; and
  • seeking further specific advice and feedback from relevant stakeholders.

 

The Office of Regulation Review granted an exemption from the requirement to prepare a Regulation Impact Statement in relation to this variation to the Plan.

 

DETAILS OF VARIATION

 

Section 1 provides that the variation may be cited as the Telecommunications Numbering Plan Variation 2005 (No.2).

 

Section 2 provides details of the commencement for the variation to the Plan.

 

Paragraph (a) provides that the sections 1 to 3 and Schedule 1 of the variation take effect on the day the Telecommunications Service Provider (Premium Services) Determination 2005 (No. 1) commences.

 

Paragraph (b) provides that the Schedule 2 of the variation takes effect on the day that section 3.3 of the Telecommunications Service Provider (Premium Services) Determination 2005 (No. 1) starts to apply in accordance with section 3.2 of the Determination.

 

The provisions in the Plan are being replaced with provisions in the service provider determination. Accordingly, these amendments will commence on the day that the corresponding provision in the service provider determination commences.

 

 

Section 3 specifies that the Plan is being varied as set out in the attached Schedule 1.

 

Schedule 1 Variations commencing on the commencement of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1)

 

Item 1 provides for the omission of section 3.37A in Division 2, Part 5 of Chapter 3 of the Plan.  This removes the prohibition on providing prohibited services.  An equivalent provision is specified in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1).

 

Item 2 provides that the definition of ‘prohibited content’ is omitted from the Dictionary of the Plan. This definition was added to the dictionary of the Plan to give effect to the provision which prohibited the supply of prohibited content.  Due to the removal of this prohibition this definition will no longer be required.

 

Schedule 2 Variations commencing on the day when section 3.3 of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) starts to apply

 

Item 1 provides for the omission of section 3.37B in Division 2, Part 5 of Chapter 3 of the Plan.  This removes the prohibition of the supply of adult services.  An equivalent provision is specified in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1).

 

Item 2 provides that the definitions of ‘adult audio-visual service’, ‘adult service’, and ‘adult text service’ are omitted from the Dictionary of the Plan. These definitions were added to the dictionary of the Plan to give effect to the provisions which prohibited the supply of adult content.  Due to the removal of this prohibition these definitions will no longer be required.

 

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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.