Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This determination revokes and replaces the Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000 with modifications to improve the arrangements for the identity-checking of customers of prepaid mobile carriage services.
Administered by: Communications and the Arts
Made 23 Oct 2013
Registered 29 Oct 2013
Tabled HR 12 Nov 2013
Tabled Senate 12 Nov 2013
Date of repeal 08 Apr 2017
Repealed by Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017

 

Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2013

 

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 99(1) of the Telecommunications Act 1997.

 

Dated 23 October 2013

Chris Chapman
[signed]
Member

Richard Bean
[signed]
General Manager / Member

 

Australian Communications and Media Authority

 


Part 1                 Preliminary

  

1.1           Name of Determination

                This Determination is the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2013.

1.2           Commencement

                This Determination commences on the day after it is registered.

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.comlaw.gov.au.

1.3           Revocation of the Telecommunications (Service Provider – Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000

                The Telecommunications (Service Provider — Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000 [F2005B00142] is revoked.

1.4           Definitions

                In this Determination, unless the contrary intention appears:

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

ACN has the same meaning as in the Corporations Act 2001.

Act means the Telecommunications Act 1997.

activate, in relation to a prepaid mobile carriage service, means to enable the service to be used for any communications in addition to the following:

(a)       communications between an end-user and the carriage service provider; and

(b)      calls to an emergency call service. 

ADI means an authorised deposit-taking institution within the meaning of subsection 5(1) of the Banking Act 1959.

agency means an interception agency or enforcement agency within the meaning of the Telecommunications (Interception and Access) Act 1979.

Note   The terms interception agency and enforcement agency are defined in section 5 of the Telecommunications (Interception and Access) Act 1979.

approved compliance plan means a compliance plan approved by the ACMA under section 6.4, including any amendment to the plan approved under section 6.5, that has not been revoked under section 6.7 or 6.8.

ARBN has the same meaning as in the Corporations Act 2001.

authorised law enforcement officer means an authorised officer of a criminal law-enforcement agency within the meaning of the Telecommunications (Interception and Access) Act 1979.  

Note   The terms authorised officer and criminal law-enforcement agency are defined in section 5 of the Telecommunications (Interception and Access) Act 1979

authorised party, in relation to a carriage service provider, means a person authorised in writing by the carriage service provider to:

(a)        sell a prepaid mobile carriage service; or

(b)       issue an invitation to a person to use a prepaid mobile carriage service at no charge to that person,

for, or on behalf of, the carriage service provider.

Note   For example, a carriage service provider may authorise, in writing, a retailer to sell or give away UICCs, in relation to prepaid mobile carriage services, for the carriage service provider. A retailer so authorised is an authorised party in relation to the carriage service provider.

bank account transfer means the transfer of money from one account with an ADI to another account with an ADI, including the transfer of money between accounts with the same ADI.

category A document means a document mentioned in Part 1 of Schedule 2.

category B document means a document mentioned in Part 2 of Schedule 2.

Communications Access Co-ordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979.

credit card has the same meaning as in Schedule 2 to the Competition and Consumer Act 2010.

deactivate, in relation to a prepaid mobile carriage service, means to disable or prevent the service from being used for any communications except for the following:

(a)        communications between an end-user and the carriage service provider; and

(b)       calls to an emergency call service.

debit card has the same meaning as in Schedule 2 to the Competition and Consumer Act 2010

end-user, of a prepaid mobile carriage service, means the person who uses the service to make or receive calls.

                end-user equipment means the customer equipment by means of which a prepaid mobile carriage service can be accessed for use by an end-user.

entity means a corporation or any other person who is not an individual.

                government document means a document that is issued by the Commonwealth or a State or Territory that is proof of the service activator’s identity in Australia or use of that identity in Australia. 

Note   Examples of government documents include a current driver licence, Medicare card or Australian passport.

government online verification service means an online service which allows users of that service to confirm the validity of information recorded on certain identification documents against the databases of the government agency that issued the relevant identification documents, in a manner authorised by that government agency or its representatives.

identifying evidence means any of the information mentioned in Schedule 3 which may be given by a service activator to a carriage service provider for the purposes of verifying the identity of the service activator under Part 5.

identifying number, of a government document, means a unique identifying number of the government document but does not include:

(a)        a receipt number or unique activation identifier; or

(b)       an ABN, ACN or ARBN.

number means a public number.

personal information has the same meaning as in the Privacy Act 1988.

post-paid carriage service means a carriage service that is supplied by a carriage service provider to a person where:

(a)        the service may be used fully or in part before payment for the supply of the service; and

(b)       the person has arranged with the carriage service provider to pay either an amount notified in an invoice issued by the carriage service provider, or instalments of fixed amounts at regular intervals (each of which is to be, or not to be, notified in an invoice), for the supply of the service.

prepaid mobile carriage service has the meaning given by section 1.5.

purchaser, of a prepaid mobile carriage service, means:

(a)        the person who pays for the service at the time of sale; or

(b)       if a carriage service provider or authorised party in relation to the carriage service provider issues an invitation to use the service at no charge to a person who accepts the invitation — a person who accepts the invitation.

rates statement means a statement of account for council rates, or rates imposed by the Legislative Assembly of the Australian Capital Territory.

                service activator means the individual seeking to have a prepaid mobile carriage service activated by the carriage service provider that supplies the service.

stored value card has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

time of activation refers to the time when a prepaid mobile carriage service is activated by a carriage service provider.

time of sale refers to the time when a prepaid mobile carriage service is purchased or acquired from a carriage service provider or an authorised party in relation to the carriage service provider.

transaction code means a series of numbers, letters or other characters, or a series comprising a combination of any two or more of those elements, that is generated by an ADI after the successful completion of a transaction using an account that has been opened with that ADI.

unique activation identifier means a series of numbers, letters or other characters, or a series comprising a combination of any two or more of those elements, that is generated by a government online verification service after the service has been used to verify the unique details of a government document. 

unique details, of a government document, means the information recorded on the government document that is required for the purpose of confirming whether that information is authentic, accurate and up-to-date using the method of identity verification described in Column B of item 1 of Schedule 4.

UICC has the same meaning as in the technical report TR 102 216 Smart cards; Vocabulary for Smart Card Platform specifications, published by the European Telecommunications Standards Institute, as amended from time to time. 

Note 1   A copy of this technical report is available at the following website:  http://www.etsi.org.  

Note 2   A UICC is a smart card that conforms to certain specifications described in the technical report.  A UICC has SIM or USIM functionality which is used in a mobile telephone to access a public mobile telecommunications service, including a prepaid mobile carriage service.

verification transaction details means, for each method of identity verification described in column B of Schedule 4, the details specified at column C for that method.

Note   Several other words and expressions used in this Determination have the meaning given by the Act, including the following for example:

·         ACMA (see section 7)

·         carriage service (see section 7)

·         carriage service provider (see section 87)

·         communications (see section 7)

·         customer equipment (see section 21)

·         emergency (see section 275C)

·         emergency call service (see section 7)

·         emergency law (see section 275D)

·         facility (see section 7)

·         public mobile telecommunications service (see section 32)

·         public number (see subclause 10(3) of Schedule 2)

·         service provider (see section 86)

·         telecommunications network (see section 7).

1.5           Prepaid mobile carriage services

                For the purposes of this Determination, a prepaid mobile carriage service is a carriage service that has the following characteristics:

(a)        it is a public mobile telecommunications service;

(b)       a carriage service provider issues a number for use in connection with the service whether or not the number is issued at the time the service is purchased or acquired or after that time;

(c)        the payment (if any) for the supply of the service must be made before the service is used; and

(d)       it is not a post-paid carriage service.

1.6           References to carriage service provider

In this Determination, a reference to a carriage service provider:

(a)        obtaining information from a purchaser or a service activator; and

(b)       verifying the identity of a purchaser or a service activator,

includes a reference to an authorised party doing those things for, or on behalf of, the carriage service provider.


 

Part 2                 Objects and application of Determination

  

2.1           Objects of Determination

The objects of the Determination are to:

(a)        assist agencies to identify purchasers and service activators in relation to prepaid mobile carriage services by ensuring that carriage service providers:

(i)         obtain and record specified information about those persons; and

(ii)       if necessary, verify the identity of those persons;

(b)       protect the privacy of individuals by ensuring that carriage service providers obtain only the minimum amount of information that is reasonably necessary to achieve the object described in paragraph (a); and

(c)        provide carriage service providers with a range of methods which can be used to verify the identity of purchasers and service activators.

Note 1   Under subsection 313(3) of the Act, carriage service providers must provide agencies with such help as is reasonably necessary for the following purposes:

·         enforcing the criminal law and laws imposing pecuniary penalties;

·         assisting the enforcement of the criminal laws in force in a foreign country;

·         protecting the public revenue; and

·         safeguarding national security. 

Note 2   Under Part 14 of the Act, the ACMA and carriage service providers must do their best to prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or of the States or Territories.  The rules set out in this Determination are intended to minimise the risk of telecommunications networks and facilities being used in, or in relation to, the commission of offences.

2.2           Application of Determination

         (1)   This Determination sets out rules that apply to carriage service providers in relation to the supply of prepaid mobile carriage services.

         (2)   However, the rules set out in this Determination do not apply to a carriage service provider in relation to a supply of a prepaid mobile carriage service to a person if the carriage service provider:  

(a)        previously supplied the prepaid mobile carriage service to the person; and

(b)       in relation to the previous supply, complied with the requirements set out in:

(i)         this Determination; or

(ii)       the Telecommunications (Service Provider — Identity Checks for Pre‑paid Public Mobile Telecommunications Services) Determination 2000.

Note  An example includes a supply of a prepaid mobile carriage service by a carriage service provider to a person requiring the recharging of a UICC, where:

·       the UICC was sold or given to the person by the carriage service provider in relation to a previous supply of the service; and

·       the carriage service provider complied with the relevant requirements in relation to that previous supply.

2.3           Requirements that must be satisfied before service is activated

Unless an exemption provided by Part 3 applies, a carriage service provider who supplies a prepaid mobile carriage service to a person must not activate the service unless the carriage service provider has complied with:

(a)        the rules set out in Part 4, which require the carriage service provider to obtain certain identifying information from, and verify the identity of, the purchaser of the service at the time of sale of the service; 

(b)       the rules set out in Part 5, which require the carriage service provider to obtain certain identifying information about, and verify the identity of, the service activator at the time of activation of the service; or

(c)        an approved compliance plan, which requires the carriage service provider to obtain certain identifying information about, and, if applicable, verify the identity of, the purchaser or service activator in relation to the service.

 2.4          Obligations when using an authorised party

If a carriage service provider uses an authorised party to:

(a)        sell a prepaid mobile carriage service for the carriage service provider; or

(b)       issue an invitation to a person to use a prepaid mobile carriage service at no charge to that person for the carriage service provider,

                the carriage service provider must ensure that the authorised party acts in a manner that enables the carriage service provider to comply with its obligations under this Determination. 

                     Note   For example, if a carriage service provider authorises a retailer to sell UICCs, in relation to the supply of prepaid mobile carriage services, and the carriage service provider wishes to comply with Part 4 in relation to the supply, the carriage service provider must ensure that the retailer obtains the necessary information from, and verifies the identity of, the purchaser of a UICC to enable the carriage service provider to comply with its obligations under Part 4. 


Part 3                 Exemptions from rules

  

3.1           Supplying prepaid mobile carriage services during emergencies

         (1)   This section applies to a carriage service provider if:

(a)        an emergency occurs; and

(b)       the carriage service provider proposes to supply a prepaid mobile carriage service to an exempt individual.

         (2)   The carriage service provider is exempt from complying with section 2.3 in relation to the supply of a prepaid mobile carriage service if:

(a)        within 7 days after the emergency first occurs, or another period of time approved in writing by the ACMA, the carriage service provider distributes end-user equipment to:

(i)         a person who, in the reasonable belief of the carriage service provider, is an exempt individual;

(ii)       an emergency assistance organisation on condition that:

(A)             the end-user equipment is to be provided to a person who, in the reasonable belief of the emergency assistance organisation, is an exempt individual; and

(B)              the emergency assistance organisation obtains and records the name and residential address of the exempt individual unless it is not reasonably practicable to do so; or

(iii)     an authorised party on condition that:

(A)             the end-user equipment is to be provided to a person who, in the reasonable belief of the authorised party, is an exempt individual; and

(B)              the authorised party obtains and records the name and residential address of the exempt individual unless it is not reasonably practicable to do so;

(b)       the carriage service provider:

(i)         in relation to a distribution made under subparagraph (a)(i) – obtains the name and residential address of the exempt individual;

(ii)       in relation to a distribution made under subparagraph (a)(ii) – obtains the name and business address of the emergency assistance organisation and, if obtained by the emergency assistance organisation, the name and residential address of the exempt individual; or

(iii)     in relation to a distribution made under subparagraph (a)(iii) – obtains the name and business address of the authorised party and, if obtained by the authorised party, the name and residential address of the exempt individual;

(c)        the prepaid mobile carriage service, once activated, can only remain activated for a maximum period of 30 days unless a longer period is approved in writing by the ACMA; and

(d)       the carriage service provider maintains a register which records the information set out in subsection (4).

         (3)   Any approval given by the ACMA under paragraph (2)(a) or (2)(c) may be given subject to conditions. 

         (4)   The register referred to in paragraph (2)(d) must record the following information in relation to a prepaid mobile carriage service:

(a)        the date on which the emergency first occurred; 

(b)       the location or area affected by the emergency;

(c)        a description of the nature of the emergency;

(d)       the total number of prepaid mobile carriage services supplied in accordance with subsection (2); and

(e)        the number associated with each prepaid mobile carriage service supplied in accordance with subsection (2).

         (5)   In this section:

                Australian Charities and Not-for Profits Commission register means the register mentioned in section 40-5 of the Australian Charities and Not-for profits Commission Act 2012

                emergency assistance organisation means an entity, registered on the Australian Charities and Not-for Profits Commission register, that provides assistance and relief support in the aftermath of an emergency to individuals affected by an emergency.

                exempt individual means an individual whose principal place of residence has been destroyed, rendered uninhabitable or made inaccessible as a result of an emergency.

Note 1   Section 3.1 does not prevent an individual from requesting the supply of a new prepaid mobile carriage service after a service supplied to that individual in accordance with subsection 3.1(2) has been deactivated. The carriage service provider is not obligated to accept such a request. However, before activating any new service, the carriage service provider will be required to comply with Part 4 or 5, or with an approved compliance plan, in relation to the supply of the service to the individual.

Note 2   A carriage service provider must keep records, in relation to each prepaid mobile carriage service it supplies, in accordance with section 7.1.  The obligation to maintain a register imposed by paragraph 3.1(2)(d) is an additional requirement.

 

 

 

 


 

Part 4                 Rules for obtaining information and verifying identity at time of sale

  

4.1           Application of Part 4

                This Part sets out the rules with which a carriage service provider must comply if paragraph 2.3(a) is to apply in relation to the supply of a prepaid mobile carriage service.

4.2           Requirements to be satisfied before service is activated

         (1)   Before activating the prepaid mobile carriage service, the carriage service provider must:

(a)        obtain information from the purchaser in accordance with section 4.3; and

(b)       verify the identity of the purchaser in accordance with section 4.4 or 4.5.

         (2)   The carriage service provider must comply with subsection (1) at the time of sale of the service.

4.3           Information to be obtained from purchaser

         (1)   The carriage service provider must obtain the following information from the purchaser of the prepaid mobile carriage service:

(a)        if the purchaser is an individual — the information mentioned in Part 1 of Schedule 1; or

(b)       if the purchaser is an entity — the information mentioned in Part 2 of Schedule 1.

         (2)   The purchaser may give the information to the carriage service provider orally or by showing the carriage service provider a document stating the information.

4.4           Verification of identity of purchaser — payment otherwise than by credit card or debit card

         (1)   This section applies to the carriage service provider if:

(a)        the purchaser is an individual; and

(b)       the purchaser offers to pay for the service otherwise than by credit card or debit card.

Note   An example includes where the purchaser offers to pay for the service by cash, cheque or stored value card.

         (2)   The carriage service provider must ask the purchaser whether the activation of the service will result in the purchaser having 5 or more activated prepaid mobile carriage services.

         (3)   If the purchaser informs the carriage service provider that the activation of the service will not result in the purchaser having 5 or more activated prepaid mobile carriage services, the carriage service provider must see:

(a)        1 category A document identifying the purchaser; or

(b)       2 category B documents, each of a different kind, identifying the  purchaser.

         (4)   If the purchaser informs the carriage service provider that the activation of the service will result in the purchaser having 5 or more activated prepaid mobile carriage services, the carriage service provider must see:

(a)        2 category A documents, each of a different kind, identifying the purchaser; or

(b)       1 category A document and 2 category B documents, each of a different kind, identifying the purchaser.

         (5)   If a document shown to the carriage service provider includes an expiry date, the carriage service provider must be satisfied that the document has not expired.

         (6)   If the carriage service provider complies with this section, the carriage service provider is taken to have verified the identity of the purchaser in accordance with this section.

4.5           Verification of identity of purchaser — payment by credit card or debit card

         (1)   This section applies to the carriage service provider if:

(a)        the purchaser is an individual; and

(b)       the purchaser offers to pay for the service using a credit card or debit card.

              (2)             The carriage service provider must ask the purchaser whether the activation of the service will result in the purchaser having 5 or more activated prepaid mobile carriage services.

              (3)     If the purchaser informs the carriage service provider that the activation of the service will not result in the purchaser having 5 or more activated prepaid mobile carriage services, the carriage service provider is not required to take any further steps to verify the identity of the purchaser.

              (4)             If the purchaser informs the carriage service provider that the activation of the prepaid mobile carriage service will result in the purchaser having 5 or more activated prepaid mobile carriage services, the carriage service provider must see:

(a)        2 category A documents, each of a different kind, identifying the purchaser; or

(b)       1 category A document and 2 category B documents, each of a different kind, identifying the purchaser.

         (5)   If a document shown to the carriage service provider includes an expiry date, the carriage service provider must be satisfied that the document has not expired.

         (6)   If the carriage service provider complies with this section, the carriage service provider is taken to have verified the identity of the purchaser in accordance with this section.


 

Part 5                 Rules for obtaining information and verifying identity at time of activation

 

Division 5.1 General

5.1           Application of Part 5

                This Part sets out the rules with which a carriage service provider must comply if paragraph 2.3(b) is to apply in relation to the supply of a prepaid mobile carriage service.

5.2           Requirements to be satisfied before service is activated

         (1)   Subject to subsection (2), before activating the prepaid mobile carriage service, the carriage service provider must:

(a)        obtain information in relation to the service activator in accordance with Division 5.2; and

(b)       verify the identity of the service activator in accordance with Division 5.3.

(2)   The obligations on the carriage service provider under paragraph (1)(b) will not be taken to have been breached to the extent that the carriage service provider has, in accordance with subsection 5.5(1) and Column B of item 5 of Schedule 4, temporarily activated the service before the identity of the service activator is verified.

Division 5.2          Information to be obtained in relation to service activator

5.3           Information to be obtained in relation to service activator

                The carriage service provider must obtain the information mentioned in Part 3 of Schedule 1 in relation to the service activator.

Division 5.3 Verification of identity

5.4           Obtaining identifying evidence about service activator

                The carriage service provider must obtain at least one piece of identifying evidence about the service activator for the purposes of verifying the identity of the service activator in accordance with section 5.5.

5.5           Verification of identity of service activator

         (1)   The carriage service provider must, using one of the methods of identity verification described in column B of Schedule 4, confirm whether the identifying evidence obtained in accordance with section 5.4 is authentic, accurate and up-to-date.

         (2)   If the carriage service provider has confirmed that the identifying evidence is authentic, accurate and up-to-date in accordance with subsection (1), the carriage service provider is taken to have verified the identity of the service activator in accordance with this Division.

 


Part 6                 Alternative method for obtaining information and verifying the identity of purchasers and service activators

6.1           Application of Part 6

         (1)   This Part sets out the requirements for the preparation, approval and amendment of a compliance plan and the circumstances in which an approved compliance plan may be revoked. 

         (2)   A carriage service provider must comply with an approved compliance plan if paragraph 2.3(c) is to apply in relation to the supply of a prepaid mobile carriage service.

6.2           Preparation, approval and amendment of compliance plan

         (1)   The carriage service provider must:

(a)        prepare a compliance plan in accordance with section 6.3; and

(b)       apply to the ACMA for approval of the compliance plan under section 6.4.

         (2)   If a carriage service provider wishes to amend an approved compliance plan, the carriage service provider must apply to the ACMA for approval of the amendment under section 6.5.

6.3           Content of compliance plan

         (1)   A compliance plan must be in writing.

         (2)   A compliance plan must include the following:

(a)        a description of the prepaid mobile carriage services that the carriage service provider offers or intends to offer, and wishes to be covered by the compliance plan;

(b)       a description of the kind of sales and distribution channels for prepaid mobile carriage services to be covered by the arrangements under the compliance plan;

(c)        if applicable, a description of each method of identity verification currently used by the carriage service provider in relation to the supply of prepaid mobile carriage services;

(d)       a description of the carriage service provider’s proposed arrangements for obtaining the information mentioned in:

(i)         Part 1 of Schedule 1 for a purchaser who is an individual;

(ii)       Part 2 of Schedule 1 for a purchaser which is an entity; and

(iii)     Part 3 of Schedule 1 for a service activator; and

(e)        a description of the carriage service provider’s proposed arrangements (if any) for obtaining other identifying information about the purchaser or service activator.

Note   A carriage service provider’s arrangements for obtaining and verifying identifying information about purchasers or service activators in relation to prepaid mobile carriage services must comply with Commonwealth privacy laws where applicable.

         (3)   For the purposes of paragraph (2)(b):

sales and distribution channels, for prepaid mobile carriage services, means the ways in which a carriage service provider makes the prepaid mobile carriage services available for sale and distribution.

6.4           Approval of compliance plan

         (1)   If the ACMA receives an application from a carriage service provider for approval of a compliance plan, the ACMA must:

(a)        consider the application;

(b)       decide to approve or refuse to approve the compliance plan; and

(c)        as soon as practicable after making the decision, give the applicant written notice of the decision.

         (2)   A notice under paragraph (1)(c) about a decision to refuse to approve a compliance plan must include the reasons for the decision.

         (3)   If the ACMA requires further information about the application, the ACMA may ask the applicant, in writing, for the information.

         (4)   The ACMA must consider the following matters in deciding whether to approve a compliance plan:

(a)        the written views of the Communications Access Co-ordinator on whether the compliance plan will satisfy the information needs of agencies;

(b)       whether the compliance plan will facilitate the obtaining of identifying information about purchasers or service activators in relation to prepaid mobile carriage services;

(c)        whether the compliance plan will facilitate greater innovation in the provision of:

(i)         prepaid mobile carriage services to purchasers or service activators; or

(ii)       assistance to officers and authorities of the Commonwealth and of the States and Territories under subsection 313(3) of the Act;

(d)       whether the compliance plan makes appropriate provision for protecting the privacy of individuals whose personal information will be obtained pursuant to the compliance plan; and

(e)        any other relevant matter.

         (5)   The ACMA must make a decision under subsection (1) within 1 month after the later of:

(a)        receiving the written views of the Communications Access Co-ordinator; and

(b)       if the ACMA requires further information from the applicant, receiving the further information.

Note   A person affected by a decision under this section may apply to the ACMA for the ACMA to reconsider the decision: see section 555 of the Act and paragraph 1(g) in Schedule 4 to the Act. An application may be made to the Administrative Appeals Tribunal to review a decision under this section if the ACMA has affirmed or varied the decision under section 559 of the Act: see section 562 of the Act.

6.5           Approval of amendments of approved compliance plan

         (1)   If the ACMA receives an application from a carriage service provider for approval of an amendment of an approved compliance plan, the ACMA must consider the application and decide whether the proposed amendment would result in a significant change to the approved compliance plan.

         (2)   If the ACMA decides that the proposed amendment would not result in a significant change, the ACMA must approve the proposed amendment.

         (3)   If the ACMA decides that the proposed amendment would result in a significant change, the ACMA must:

(a)        consult the Communications Access Co-ordinator about whether the compliance plan as amended (the amended compliance plan) will satisfy the information needs of agencies; and

(b)       decide whether to approve or to refuse to approve the amended compliance plan.

         (4)   In making a decision under paragraph (3)(b), the ACMA must consider the matters mentioned in subsection 6.4(4) as if a reference in that provision to the compliance plan were a reference to the amended compliance plan.

         (5)   The ACMA must give the carriage service provider written notice of a decision under subsection (2) or paragraph (3)(b) as soon as practicable after making the decision.

         (6)   A notice under subsection (5) about a decision to refuse to approve an amendment of a compliance plan must include the reasons for the decision.

         (7)   If the ACMA requires further information about the application, the ACMA may ask the applicant, in writing, for the information.

         (8)   The ACMA must make a decision under subsection (2) within 1 month after the later of:

(a)        receiving the application; and

(b)       if the ACMA requires further information from the applicant, receiving the further information.

         (9)   The ACMA must make a decision under paragraph (3)(b) within 1 month after the later of:

(a)        receiving the written views of the Communications Access Co-ordinator; and

(b)       if the ACMA requires further information from the applicant, receiving the further information.

Note   A person affected by a decision under this section may apply to the ACMA for the ACMA to reconsider the decision: see section 555 of the Act and paragraph 1(g) of Part 1 in Schedule 4 to the Act. An application may be made to the Administrative Appeals Tribunal to review a decision under this section if the ACMA has affirmed or varied the decision under section 559 of the Act: see section 562 of the Act.

6.6           Requirement to comply with approved compliance plan

                A carriage service provider must comply with an approved compliance plan in relation to obtaining information about, and, if required, verifying the identity of, the purchaser or service activator in relation to a prepaid mobile carriage service covered by the plan.

Note   The effect of section 6.6 is that if a carriage service provider contravenes an approved compliance plan, the carriage service provider contravenes this Determination. A rule set out in this Determination is a service provider rule: see section 98 of the Act. Under section 101 of the Act, a service provider is required to comply with the service provider rules that apply to that service provider.

6.7           Revocation of approved compliance plan by carriage service provider

                A carriage service provider may revoke an approved compliance plan by giving the ACMA written notice of the revocation.

Note   If a carriage service provider does not have an approved compliance plan, the carriage service provider must comply with Part 4 or 5, unless an exemption provided by Part 3 applies — see section 2.3 and the definition of approved compliance plan.

6.8           Revocation of approved compliance plan by the ACMA

         (1)   If the ACMA is satisfied, on reasonable grounds, that a carriage service provider has not complied with an approved compliance plan to a significant extent, the ACMA must give the carriage service provider written notice of the ACMA’s intention to revoke the approved compliance plan.

         (2)   A notice under subsection (1) must include:

(a)        the grounds mentioned in subsection (1); and

(b)       a statement setting out the effect of subsections (3) to (9).

         (3)   A carriage service provider that receives a notice under subsection (1) may, within 21 days after the date of the notice, give the ACMA a written notice  objecting to the proposed revocation of the plan (an objection notice).

         (4)   An objection notice under subsection (3) must include the grounds on which the carriage service provider objects to the proposed revocation.

         (5)   If the ACMA requires further information about an objection notice under subsection (3), the ACMA may ask the carriage service provider, in writing within 21 days after receiving the objection notice, for the information.

         (6)   If a carriage service provider receives a request for information under subsection (5), the carriage service provider must give the information to the ACMA within 21 days after the date of the request.

         (7)   The ACMA must decide to revoke or not to revoke the plan as soon as practicable after the later of:

(a)        the end of the period in which the ACMA could have asked the carriage service provider for further information in relation to an objection notice given to the ACMA under subsection (3); and

(b)       if the ACMA requires further information, the end of the period in which the carriage service provider must give the information to the ACMA under subsection (6). 

         (8)   The ACMA must give the carriage service provider written notice of a decision under subsection (7) as soon as practicable after making the decision.

         (9)   A notice under subsection (8) about a decision to revoke an approved compliance plan must include the reasons for the decision.

Note 1   If the ACMA revokes the carriage service provider’s approved compliance plan, then, unless a new compliance plan is approved, the carriage service provider must comply with Part 4 or 5, unless an exemption provided by Part 3 applies — see section 2.3 and the definition of approved compliance plan.

Note 2   A person affected by a decision under this section may apply to the ACMA for the ACMA to reconsider the decision: see section 555 of the Act and paragraph 1(g) in Schedule 4 to the Act. An application may be made to the Administrative Appeals Tribunal to review a decision under this section if the ACMA has affirmed or varied the decision under section 559 of the Act: see section 562 of the Act.

Part 7                 Records

  

7.1           Carriage service provider to keep records of prepaid mobile carriage services supplied

         (1)   A carriage service provider must keep records in relation to each prepaid mobile carriage service supplied by the carriage service provider.

         (2)   The records must set out the following information in relation to each prepaid mobile carriage service:

(a)        the name of the carriage service provider;

(b)       the number issued by the carriage service provider for the service;

(c)        whether, in relation to the supply of the service, the carriage service provider complied with Part 3, 4 or 5, or an approved compliance plan;

(d)       if the carriage service provider supplied a service to which an exemption provided by Part 3 applied, the information obtained under paragraph 3.1(2)(b);

(e)        if the carriage service provider complied with Part 4 in relation to the purchaser:

(i)         the information obtained under section 4.3;

(ii)       if applicable, details of the type of document, or documents, sighted under section 4.4 or 4.5;

(iii)     in the case of a service that was purchased using a credit card or debit card:  

(A)    the transaction code; or

(B)     the name on the credit card or debit card, or the last four digits of the credit card or debit card number, recorded in a way that can be linked to the number issued by the carriage service provider for the service;

(f)        if the carriage service provider complied with Part 5 in relation to the service activator:

(i)         the information obtained under section 5.3;

(ii)       a description of the type of identifying evidence obtained and  used to verify the identity of the service activator;

(iii)     a description of the method of identity verification used by the carriage service provider as described in column B of Schedule 4;

(iv)     if the carriage service provider has, in accordance with subsection 5.5(1) and Column B of item 5 of Schedule 4, temporarily activated the service:

(A)    the date on which the carriage service provider made the nominal transaction to the service activator’s account in accordance with Column B of paragraph 5(1)(b) of Schedule 4; and

(B)     the date on which the carriage service provider confirmed that the service activator’s account is active in accordance with Column B of paragraph 5(1)(d) of Schedule 4; and

(v)       the verification transaction details for the method of identity verification used by the carriage service provider;

(g)       if the carriage service provider complied with an approved compliance plan, the information obtained in accordance with the approved compliance plan; and

(h)       any other information that the ACMA requires, by notice in writing to the carriage service provider, to be recorded.

         (3)   The carriage service provider must keep the records for as long as the service is activated.

7.2           Record of arrangements

                A carriage service provider who supplies a prepaid mobile carriage service must keep a written description of the arrangements that it has in place to comply with this Determination.

7.3           Restrictions on the recording and copying of certain information

         (1)   A carriage service provider must not, in connection with a requirement imposed by this Determination:

(a)        record the identifying number of a government document unless the circumstances specified in subsection (2) exist; or

(b)       record a credit card or debit card number unless:

(i)         the carriage service provider is authorised to record, and only records, the last four digits of the credit card or debit card number, in accordance with sub-sub-paragraph 7.1(2)(e)(iii)(B);

(ii)       the circumstances specified in subsection (2) exist; or

(iii)     the purchaser or service activator, as the case may be, consents to the recording of that number for the purpose of enabling payments for the future supply of the service to be made. 

Example    A person may consent to the recording of a credit card number for the purposes of enabling the carriage service provider to automatically recharge the prepaid mobile carriage service supplied to that person.

(c)        record or copy any of the documents mentioned in Schedule 2.  

         (2)   For the purposes of paragraph (1)(a) and subparagraph (1)(b)(ii), the circumstances are:

(a)        the carriage service provider records the identifying number of a government document, credit card number or debit card number (as the case may be) for a purpose that is ancillary or incidental to the provider’s obligation to verify the identity of a service activator at the time of activation of the service in accordance with Part 5; and

(b)       immediately after the carriage service provider verifies the service activator’s identity, the carriage service provider destroys the number.

         (3)   A carriage service provider must not reproduce any document that contains the information which must not be recorded because of subsection (1).

Note   A carriage service provider’s arrangements for recording information must comply with Commonwealth privacy laws where applicable.


 

Part 8                 Continued use of numbers

  

8.1           Renewal of activation of prepaid mobile carriage service

         (1)   This section applies in relation to a prepaid mobile carriage service if:

(a)        the service was supplied to a person (the service user) and activated before the commencement of this Determination;

(b)       the carriage service provider that supplied the service had not, in relation to the supply, complied with the requirements in:

(i)         the Telecommunications (Conditions for Allocation of Numbers) Determination 1997;

(ii)       the Telecommunications (Service Provider — Identity Checks for Pre‑paid Carriage Services) Determination 1997; or

(iii)     the Telecommunications (Service Provider — Identity Checks for Pre‑paid Public Mobile Telecommunications Services) Determination 2000; and

(c)        the service has been deactivated because it was not being used.

         (2)   If, after the commencement of this Determination, the service user applies to the carriage service provider for renewal of the activation of the service, the carriage service provider must, before renewing the activation of the service, comply with:

(a)        Part 5; or

(b)       an approved compliance plan that is in force in relation to the carriage service provider,

in relation to the supply of the service to the service user.


 

Part 9                 Restriction on use of numbers

  

9.1           Restriction because carriage service provider has reasonable grounds for suspecting that records contain false or misleading information

                A carriage service provider must not allow a person to use a number issued in connection with a prepaid mobile carriage service if the carriage service provider has reasonable grounds for suspecting that the records kept by the carriage service provider in relation to the service contain false or misleading information. 

9.2           Restriction at request of criminal law-enforcement agency

                A carriage service provider must not allow a person to use a number issued in connection with a prepaid mobile carriage service if the carriage service provider has received a written request from an authorised law enforcement officer not to allow the person to use the number because the action is necessary for a purpose mentioned in subsection 313(3) or (4) of the Act.

9.3           Carriage service provider to provide information about effect of this Part

                A carriage service provider must inform a purchaser of a prepaid mobile carriage service supplied by the carriage service provider, and a service activator who seeks to have the service activated, of the effect of this Part.

 

 

 

 

 


Schedule 1        Information to be obtained for Parts 4, 5 and 6

(subsection 4.3(1), section 5.3 and paragraph 6.3(2)(d))

Part 1          Information about purchaser – individuals  

       1.       The name and residential address of the purchaser.

       2.       If known, the intended use of the prepaid mobile carriage service (for example, use for government, business, charitable or private purposes).

       3.       The number of other activated prepaid mobile carriage services (if any) supplied to the purchaser.

Part 2          Information about purchaser – entities

       1.       The name and business address of the entity.

       2.       At least one of the following numbers:

                (a)    the ABN (if any) of the entity;

               (b)    the ACN (if any) of the entity;

                (c)    the ARBN (if any) of the entity.

       3.       The name of the individual purchasing the prepaid mobile carriage service on behalf of the entity and evidence of the individual’s authority to purchase the service on behalf of the entity (for example, the original document stating that the individual is an employee of the entity).

       4.       If known, the intended use of the prepaid mobile carriage service (for example, use for government, business, charitable or private purposes).

       5.       The number of other activated prepaid mobile carriage services (if any) supplied to the entity.

Part 3          Information about service activator

       1.       The name of the service activator.

       2.       The date of birth of the service activator.

       3.       If known, the intended use of the service (for example, use for government, business, charitable or private purposes). 

       4.       If the service activator is seeking to activate the service on behalf of an entity:

                (a)    the name and business address of the entity; and

                (b)    at least one of the following numbers:

                          (i)    the ABN (if any) of the entity;

                         (ii)    the ACN (if any) of the entity;

                        (iii)    the ARBN (if any) of the entity.

       5.       If the service activator is not seeking to activate the service on behalf of an entity, the residential address of the service activator.  

 


 

Schedule 2        Documents for verification of identity of purchasers at time of sale

(sections 4.4 and 4.5 and paragraph 7.3(1)(c))

Part 1          Category A documents

       1.       An identification card issued in the name of the purchaser by a tertiary education institution.

       2.       A licence or permit issued in the name of the purchaser under a Commonwealth, State or Territory law.

       3.       A passport issued in the name of the purchaser.

       4.       A statement issued under a Commonwealth, State or Territory law to the effect that the purchaser is entitled to receive a financial benefit.

       5.       A birth certificate in the name or former name of the purchaser.

       6.       Any other document that is recognised as a proof of identity under a Commonwealth, State or Territory law.

Example

A Keypass card issued to a resident of Victoria or a proof of age card issued under a State or Territory law.

Part 2          Category B documents

       1.       A credit card, debit card or automatic teller machine card showing the name and signature of the purchaser.

       2.       A Medicare card issued in the name of the purchaser.

       3.       A passbook issued in the name of the purchaser by an ADI.

       4.       A statement of account for a post-paid carriage service issued in the previous 12 months, showing the name and address given by the purchaser under paragraph 4.3(1)(a).

       5.       A rates statement issued in the previous 12 months, showing the name and address given by the purchaser under paragraph 4.3(1)(a).

 

 


Schedule 3        Identifying evidence for verification of identity at time of activation

(sections 1.4 and 5.4)

 

1.       The unique details of a government document.

2.       The residential address of the service activator.

3.       Information identifying the service activator as the holder of an existing account for a post-paid carriage service with the carriage service provider.

4.       Information identifying the service activator as the holder of an existing financial account with an ADI.

5.       An email address ending with “.edu.au” or “.gov.au”.

 


Schedule 4        Approved methods for verification of identity at time of activation

(section 5.5)

Column A

Column B

Column C

Item

Approved method of identity verification

Verification transaction details

1

“Government online verification service”

Where the identifying evidence obtained from a service activator consists of the unique details of a government document, the carriage service provider is taken to have confirmed that the identifying evidence is authentic, accurate and up-to-date if:

(a)    the service activator gives the carriage service provider:

(i)     the identifying number of the government document;

(ii)   information that identifies the State or Territory that issued the government document, or information confirming that the government document was issued by the Commonwealth; and

(iii) if required, any dates or other information recorded on the government document;  

(b)   the information given is verified on a government online verification service by:

(i)     the carriage service provider; or

(ii)   a person authorised in writing by the carriage service provider to access that government online verification service on behalf of the carriage service provider; and

(c)    the description of the method of identity verification is recorded by the carriage service provider as “government online verification service”.

Note   Verifying identifying evidence with this service is a ‘blind check’.  The information provided by the service activator, in relation to a government document, is matched against the databases held by the agency that issued the document and is either accepted or rejected as valid or not. The service does not result in the disclosure of any other information held by the agency.

Unique activation identifier issued at time of processing

2

“Existing post-paid account”

Where the identifying evidence obtained from a service activator is information identifying the service activator as the holder of an existing account for a post-paid carriage service with the carriage service provider, the carriage service provider is taken to have confirmed that the identifying evidence is authentic, accurate and up-to-date if:

(a)    the service activator gives the carriage service provider details of the service activator’s account (for example, the account number or telephone number);

(b)   the service activator demonstrates to the carriage service provider that the service activator is the account holder (for example, by giving a valid password for the account to the carriage service provider); and

(c)    the description of the method of identity verification is recorded by the carriage service provider as “existing post-paid account”.

 

Existing post-paid account number or telephone number

3

“White listed e-mail service”

Where the identifying evidence obtained from a service activator is an email address ending with “.edu.au” or “.gov.au”, the carriage service provider is taken to have confirmed that the identifying evidence is authentic, accurate and up-to-date if:

(a)    the carriage service provider sends an email to the email address containing instructions for the service activator to follow to determine if the e-mail account is active;

(b)   the service activator follows the instructions which confirms that the e-mail account is active; and

(c)    the description of the method of identity verification is recorded by the carriage service provider as “white  listed e-mail service”.

 

Email address

4

“Financial transaction otherwise than by way of bank account transfer”

Where the identifying evidence obtained from a service activator is information identifying the service activator as the holder of an existing financial account with an ADI, the carriage service provider is taken to have confirmed that the identifying evidence is authentic, accurate and up-to-date if:

(a)    the service activator gives the carriage service provider details of an account (other than an account connected to a stored value card) with an ADI in the name of the service activator;

(b)   the carriage service provider, using those details, makes a nominal transaction to the service activator’s account, otherwise than by way of bank account transfer, in a way that does not financially disadvantage the service activator, to determine if the account is active;

(c)    the carriage service provider receives confirmation that the account is active after receiving a transaction code at the time of making the nominal transaction; and 

(d)   the description of the method of identity verification is recorded by the carriage service provider as “financial transaction otherwise than by way of bank account transfer”.  

 

Transaction code issued at time of processing

5

“Financial transaction by way of bank account transfer”

(1) Subject to subitem (2), where the identifying evidence obtained from a service activator is information identifying the service activator as the holder of an existing financial account with an ADI, the carriage service provider is taken to have confirmed that the identifying evidence is authentic, accurate and up-to-date if:

(a)    the service activator gives the carriage service provider details of an account  (other than an account connected to a stored value card) with an ADI in the name of the service activator;

(b)   the carriage service provider, using those details, makes a nominal transaction to the service activator’s account, by way of bank account transfer, in a way that does not financially disadvantage the service activator, to determine if the account is active;

(c)    after receiving a transaction code at the time of making the nominal transaction under paragraph (b), the carriage service provider arranges for temporary activation of only one prepaid mobile carriage service of the service activator and informs the service activator at the time of activation that the activation will be temporary; 

(d)   within two business days of making the nominal transaction under paragraph (b), the carriage service provider confirms that the account is active because the nominal transaction has not been rejected or refunded; and

(e)    the description of the method of identity verification is recorded by the carriage service provider as “financial transaction by way of bank account transfer”. 

(2) If a carriage service provider does not confirm within two business days that the service activator’s account is active under paragraph (1)(d), the carriage service provider is:

(a)    taken to have been unable to confirm that the identifying evidence is authentic, accurate and up-to-date; and

(b)   must deactivate the temporarily activated prepaid mobile service within one calendar day after the two day period referred to in paragraph (1)(d) has passed. 

 

Transaction code issued at the time of processing

6

“Delivery by secure courier or registered mail service”

(1) Where the identifying evidence obtained from a service activator is the residential address of the service activator, the carriage service provider is taken to have confirmed that the identifying evidence is authentic, accurate and up-to-date if:

(a)    the service activator purchases a prepaid mobile carriage service and the service activator agrees to the delivery of end-user equipment which is to be used in connection with the service via secure courier or registered mail service;

(b)   the delivery address is the same as the residential address of the service activator obtained as identifying evidence;

(c)    at the time of the delivery, a person is available to sign for the delivery;

(d)   the person who makes the delivery sights a form of identification within the meaning of subitem (2) of the person who signs for the delivery (the deliveree); and

(e)    the description of the method of identity verification is recorded by the carriage service provider as “delivery by secure courier or registered mail service”.

(2) For the purposes of paragraph (1)(d), a form of identification means:

(a)      any document that is recognised as a proof of identity under a Commonwealth, State or Territory law;

(b)     a credit card, debit card or automatic teller machine card showing the name and signature of the deliveree;

(c)      a Medicare card issued in the name of the deliveree;

(d)     a passbook issued in the name of the deliveree by an ADI;

(e)      a statement of account for a post-paid carriage service issued in the previous 12 months, showing the name and address of the deliveree; or

(f)      a rates statement issued in the previous 12 months, showing the name and address of the deliveree.

 

Courier docket number or registered post item number