Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 99 (1) of the Telecommunications Act 1997.
Dated 12 August 2004
R HORTON Chair
A HORSLEY Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1).
2 Commencement
This Determination commences on 19 August 2004.
3 Amendment of Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1)
Schedule 1 amends the Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1).
Schedule 1 Amendments
(section 3)
[1] Subsection 3.1 (3)
omit
The
insert
Subject to subsection (4A), the
[2] Subsection 3.1 (4)
omit
If
insert
Subject to subsection (4A), if
[3] After subsection 3.1 (4)
insert
(4A) For subsection 3.1 (3) and paragraph 3.1 (4) (b), in the case of a pre-paid customer, the carriage service provider is taken to have given the information, in writing, to the customer if the carriage service provider:
(a) delivers the information to the customer in person; or
(b) sends the information by pre-paid post to the address listed in the provider’s records for the customer; or
(c) transmits the information to the customer’s electronic mail address if the customer:
(i) has an electronic mail address; and
(ii) gives his or her consent to the sending of information by the provider to the customer at that address; or
(d) makes the information available to the customer by means such as through a website, or at a retail outlet of the provider, and advises the customer (by means of a recorded message or text message, or in writing), when the customer adds additional credit to his or her pre‑paid account, how the customer can obtain the information.
(4B) For paragraph (4A) (d), the information must be available in accordance with the advice when the advice is provided.
[4] After subsection 3.1 (6)
insert
(7) If the ACA:
(a) considers that the information is not adequate for the purposes of this Determination; and
(b) gives the relevant carriage service provider a notice setting out the information that must be provided to a customer;
the relevant carriage service provider must provide information to the customer in accordance with the notice.
Note Under Part 29 of the Act, decisions of an administrative character under this Determination are subject to reconsideration by the ACA. Application may be made to the Administrative Appeals Tribunal for review of the decision if the decision is affirmed or varied on reconsideration.
(8) In this section:
pre-paid customer means a customer of a pre-paid public mobile telecommunications service, within the meaning given by section 1.5 of the Telecommunications (Service Provider — Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000.
Overview
The Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1), made under the authority of the Telecommunications Act 1997, was introduced by the Australian Communications Authority (ACA) to address the need for improved communication of premium service information to pre-paid customers. The Determination was enacted to ensure that telecommunications providers deliver necessary information to their customers in a clear, accessible manner, thereby enhancing transparency and consumer protection. The objective of this Determination is to mandate specific methods through which telecommunications providers must inform pre-paid customers about the services they are using and the associated charges, ensuring that these communications are made effectively and in a timely manner.
The Determination aims to amend the previous Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1) by introducing new provisions that specify how information must be provided to pre-paid customers. This includes the requirement for providers to deliver information in person, via pre-paid post, electronic mail with customer consent, or through other accessible means such as websites or retail outlets, with clear instructions on how to access the information. Additionally, it allows for the ACA to intervene and require providers to furnish adequate information if it is deemed insufficient under the Determination.
Scope and Application
The Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1) applies to carriage service providers, specifically those offering pre-paid public mobile telecommunications services, as defined under the Telecommunications (Service Provider — Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000. The Amendment Determination modifies the original Telecommunications Service Provider (Premium Services) Determination 2004 by introducing new provisions on how information must be provided to pre-paid customers. This includes methods such as in-person delivery, pre-paid post, email transmission (with customer consent), and making information available via websites or retail outlets. The Determination also allows the Australian Communications Authority (ACA) to specify additional information requirements if the existing provisions are deemed inadequate. The Amendment Determination is made under subsection 99(1) of the Telecommunications Act 1997 and applies nationwide, encompassing all jurisdictions within Australia. Decisions under this Determination can be subject to reconsideration by the ACA and reviewed by the Administrative Appeals Tribunal if affirmed or varied on reconsideration.
Key Provisions
The main operative sections of the Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1) introduce specific requirements for telecommunications service providers concerning the provision of information to customers, particularly those using pre-paid public mobile telecommunications services. Section 3.1(3) and section 3.1(4) are amended to include additional methods by which service providers must deliver information to pre-paid customers. These methods include delivering information in person, sending it by pre-paid post, transmitting it via email if the customer consents, or making it available online or at a retail outlet and advising the customer how to access it when adding credit. Section 3.1(7) mandates that if the Australian Communications Authority (ACA) deems the provided information inadequate, it may issue a notice to the service provider specifying the required information, which must then be provided to the customer.
The obligations imposed by this Determination require telecommunications service providers to ensure they provide adequate information to pre-paid customers in the prescribed manners. This includes not only the methods of delivery but also the timeliness and accessibility of the information. Providers must be prepared to adapt their methods based on notices from the ACA, ensuring compliance with any specified requirements for customer information delivery.
Breach of these provisions could lead to enforcement actions by the ACA. While the Determination does not explicitly state penalties, the underlying Telecommunications Act 1997 provides for substantial fines for non-compliance with telecommunications regulations. Under the Act, breaches can result in civil penalties, including fines up to a significant amount, depending on the severity and impact of the breach. Additionally, persistent or serious breaches may lead to further administrative or legal consequences, including potential criminal charges for wilful or reckless disregard of statutory requirements.