AUSTRALIAN COMMUNICATIONS AUTHORITY
Telecommunications Act 1997
Telecommunications (Section of the Telecommunications Industry) Determination 1998
The AUSTRALIAN COMMUNICATIONS AUTHORITY, makes the following determination under subsection 110(3) of the Telecommunications Act 1997.
Dated 25 September 1998.
A.J SHAW
Chairman
R HORTON
Deputy Chairman
Australian Communications Authority
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Citation
1. This determination may be cited as Telecommunications (Section of the Telecommunications Industry) Determination 1998.
Commencement
2. This determination commences on gazettal.
Definitions
3. In this instrument:
Act means the Telecommunications Act 1997;
public number has the same meaning as in the Telecommunications Numbering Plan 1997 made under section 455 of the Act;
public number directory is a document or record containing a list of telephone subscribers and their numbers. The numbers are connected to the supply of carriage services to the public in Australia;
Public Number Directory Producers are persons who:
(i) compile, publish, maintain or produce directories of public numbers (whether including other or further details) in any form and using any medium; or
(ii) provide directory assistance services; or
(iii) supply goods or services which are a combination of (i) and (ii).
[Note:
‘listed carriage service’ and ‘directory assistance services’ are both defined in the Telecommunications Act 1997.].
Application
4. This determination applies to persons carrying on, or proposing to carry on, the telecommunications activity described in section 5.
5. The activity is supplying either or both of public number directories and directory assistance services, for use in connection with the supply of a listed carriage service.
6. The persons are public number directory producers.
The section of the telecommunications industry
7. Public number directory producers constitute a section of the telecommunications industry for the purposes of Part 6 of the Act and are to be identified as public number directory producers.
Overview
The Telecommunications (Section of the Telecommunications Industry) Determination 1998, made under subsection 110(3) of the Telecommunications Act 1997 by the Australian Communications Authority, aims to clarify the regulatory scope concerning the supply of public number directories and directory assistance services. This determination was introduced to address the need for a clear identification and regulation of entities involved in producing and supplying public number directories and directory assistance services, which are integral to the telecommunications industry in Australia. By identifying public number directory producers as a distinct section of the telecommunications industry, the determination ensures that these entities are appropriately regulated to maintain the integrity and efficiency of the telecommunications services. The objective is to streamline regulatory oversight and provide a specific framework for the activities of these producers, thereby supporting the broader policy goal of facilitating effective telecommunications services.
Scope and Application
The Telecommunications (Section of the Telecommunications Industry) Determination 1998 applies to individuals or entities that produce, compile, publish, maintain, or produce directories of public numbers, provide directory assistance services, or supply goods or services combining these activities in relation to public numbers. This determination specifically identifies public number directory producers as a distinct section of the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997. The determination's jurisdictional reach is within Australia, where the public numbers are connected to the supply of carriage services. The determination does not explicitly state exclusions or thresholds, but it is applicable to those who engage in the aforementioned activities within the telecommunications sector in Australia. The scope and application of this legislation may be further extended or specified through subordinate instruments, as permitted under the Telecommunications Act 1997.
Key Provisions
The Telecommunications (Section of the Telecommunications Industry) Determination 1998 (paragraph 1) identifies the key operative sections, establishing a framework for regulating public number directories and directory assistance services within the telecommunications industry. This legislation mandates that public number directory producers (paragraph 5) be recognised as a distinct section of the telecommunications industry (paragraph 7), highlighting the need for specific regulatory oversight for entities engaged in the production and provision of public number directories and directory assistance services (paragraph 6). These services are integral to the supply of listed carriage services, which are defined in the Telecommunications Act 1997 (paragraph 5).
The Act imposes several obligations on public number directory producers. These include the compilation, publication, maintenance, and production of directories that list telephone subscribers and their public numbers (paragraph 3(i)). Producers must also provide directory assistance services, which help users locate telephone numbers and related information (paragraph 3(ii)). Furthermore, entities supplying a combination of directory production and assistance services must comply with the regulatory requirements set forth in the Act (paragraph 3(iii)).
Breaching the provisions of the Telecommunications Act 1997 or this determination can result in both civil and criminal consequences. The Act provides for penalties for non-compliance, which can include fines and imprisonment. However, the exact penalties for each offence are not specified within this determination. Legal action can be taken against individuals or entities found to be in breach, potentially leading to substantial financial penalties and legal repercussions. The seriousness of the penalties depends on the nature and extent of the breach, as well as any mitigating or aggravating factors considered by the court.