Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This determination amends the Telecommunication (Emergency Call Service) Determination 2009 to ensure that, from 1 July 2013, all satellite phone services, other than a particular kind of satellite service supplied to particular kinds of devices, will be capable of accessing the emergency service numbers 000 and (where the customer equipment used to supply the service is capable of being used to access a public mobile telecommunications service that uses GSM technology) 112 and that all satellite phone services that are technically capable of carrying a call to the emergency service number 106, will do so.
Administered by: Broadband, Communications and the Digital Economy
Made 19 Jun 2013
Registered 24 Jun 2013
Tabled HR 26 Jun 2013
Tabled Senate 27 Jun 2013
Date of repeal 02 Jul 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

Telecommunications (Emergency Call Service) Amendment Determination 2013

Telecommunications (Consumer Protection and Service Standards) Act 1999

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated 19th June 2013



Chris Chapman
[signed]
Member



Richard Bean
[signed]
Member/General Manager


1              Name of Determination

                This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2013.

2              Commencement

                This Determination commences on 1 July 2013.

Note:       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au

3              Amendment of the Telecommunications (Emergency Call Service) Determination 2009

The Telecommunications (Emergency Call Service) Determination 2009 is amended as set out in Schedule 1.

 

Schedule 1 – Amendments

(Section 3)

[1]     Subsection 7(1) (example 4)

          Omit “and transferred to an Australian-based terrestrial network”, substitute “, other than an exempt satellite service,”.

[2]     Paragraph 13(2)(b)

          Omit the paragraph, substitute:

 (b)    the service used to make the call is an exempt satellite service.

[3]     After section 14

          Insert:

14A   Requirement for carriage service provider - exempt satellite service

(1)   Before a carriage service provider first supplies an exempt satellite service to a customer, the provider must, if the first supply will occur on or after 1 July 2013, notify the customer in writing that the service cannot be used to make an emergency call (the customer notification).

(2)   The provider must make a copy of the customer notification required to be given under subsection (1) and retain the copy for a period of no less than 3 years from the date on which the notification is given.



(3)       The provider must, if requested in writing by the ACMA, provide a copy of the customer notification to the ACMA within 21 days of receiving the request.

 [4]      Paragraph 16(1)(c)

          Omit the paragraph, substitute:

(c)     the satellite service used to make the call is not an exempt satellite service.

 [5]    Subsection 18(1)

Omit the subsection, substitute:

(1)   This section applies if an end-user uses the emergency service number 106 on a satellite service that is technically capable of carrying a call using that emergency service number. 

[6]     At the end of section 19

Add:

; or (c)    the service used to make the call is an exempt satellite service.        

 [7]    Section 22, heading

After “- service other than”, insert “an exempt”.                                           

 [8]    Section 22

Omit “a satellite service”, substitute “an exempt satellite service”.

 [9]    Section 23

Omit the section.

[10]   Subsection 49(4)

Omit “, 112”.

[11]   Section 52A, heading

Omit “Section”.

[12]   After Division 7.2

Insert:

Schedule 1 – Specified satellite services


          (See definition of exempt satellite service in the dictionary)

Item

Specified satellite service

 

 

1

 

A satellite service supplied by means of a satellite owned, controlled or operated by Inmarsat Global Limited (incorporated in the United Kingdom).

 

 

 [13]  Dictionary, definition of “Australian-based terrestrial network”

Omit the definition.

[14]   Dictionary

Insert:

exempt satellite service means a satellite service that meets all of the following requirements:

(a)           it is supplied to a non-handheld satellite device;

(b)          it is of a kind specified in Schedule 1; and

(c)           it is not supplied in fulfilment of the universal service obligation.

Note The expression universal service obligation has the meaning given by section 9 of the Act.

 [15]  Dictionary

Insert:

non-handheld satellite device means customer equipment that is:

(a)     designed for use in connection with the supply of a satellite service; and

(b)     capable of operating only when connected to other customer equipment, other than a SIM.

[16]   Dictionary

Insert:

SIM means a subscriber identity module.


[17]   Dictionary - Note

Insert:

·         customer equipment