Telecommunications Numbering Plan Variation 2022 (No. 1)

Dated: 15 December 2022

Chris Jose

[signed]

Member

Linda Caruso

[signed]

Member/General Manager

1  Name

                   This is the Telecommunications Numbering Plan Variation 2022 (No. 1).

2  Commencement

                   This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation, except for Item 31 of Schedule 1, which commences on 17 April 2023.

Note:    The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

                   This instrument is made under subsection 455(1) of the Telecommunications Act 1997.

4  Amendments

                   The instrument that is specified in Schedule 1 is amended as set out in the applicable items in that Schedule.

Schedule 1—Amendments

Telecommunications Numbering Plan 2015 (Registration No. F2015L00319)

1  Paragraph 6(a)

Omit “this instrument (see Part 2)”, substitute “the Act”.

2  Part 2, Chapter 1

Repeal the part.

3  Section 15

Repeal the definition of age-restricted content, substitute:

                   age-restricted content means Class 2 material as defined in subsection 107(1) of the Online Safety Act 2021.

4  Section 15 (after paragraph (a) of the definition of freephone service)

Insert:

(aa)       the number is provided to a customer to receive incoming calls but cannot be used to make outgoing calls; and

5  Section 15 (in paragraph (b) of the definition of freephone service)

Omit “a location independent communications service or”.

6  Section 15 (after paragraph (c) of the definition of local rate service)

Insert:

(ca) that is provided for receiving incoming calls but cannot be used to make outgoing calls; and

7  Section 15 (in subparagraph (d)(i) of the definition local rate service)

Omit “a location independent communications service or”.

8  Section 15

Repeal the definition of location independent communications service.

9  Section 15

Repeal the definition of premium rate service, substitute:

                 premium rate service means a carriage service that is:

                     (a)  charged at a premium rate, independent of content or delivery technology; and

                     (b)  provided for receiving incoming calls but cannot be used for making outgoing calls.

Note:       A premium rate service often provides information to a caller or allows the caller to provide information.

10  Section 15 (after definition of satellite telephone service)

Insert:

                   scam communication means any communication to a number that has been generated for the purpose of dishonestly obtaining a benefit, or causing a loss, by deception or other means, including but not limited to a communication made through:

                     (a)  a voice telephony service; or

                     (b)  a short message service.

11  Subparagraph 16(1)(f)(vi)

Repeal the subparagraph.

12  Subsection 19(1)

Omit “or a location independent communications service”.

13  Paragraph 20(1)(a)

Omit “or location independent communications service”.

14  Subsection 57(5)

Repeal the subsection, substitute:

             (5)  The ACMA must not list a shared number.

15  After subsection 86(1)

Insert:

          (1A)  A carriage service provider may only transfer numbers in a standard unit or in a multiple of a standard unit.

16  After section 92

Insert:

92A  Scam or fraudulent activity

             (1)  The ACMA may withdraw a number (other than an international signalling point code or a mobile network code) if:

                     (a)  the ACMA has reasonable grounds to believe that the number has been used or is likely to be used in association with a scam communication or other fraudulent activity; and

                     (b)  the ACMA is satisfied that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are more significant for end‑users and carriage service providers than any adverse technical and financial consequences of withdrawing the number.

             (2)  If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the withdrawal to the carriage service provider that holds the number.

             (3)  The notice must set out reasons for the withdrawal and specify the date on which the number is to be withdrawn.

             (4)  The period between the date of the notice and the date on which the number is to be withdrawn must be at least 5 business days.

             (5)  If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw the number as soon as reasonably practicable after the decision is made.

17  Paragraphs 97(1)(b) and (c)

Omit “in writing”.

18  Subsection 97(3)

Repeal the subsection, substitute:

             (3)  The period between the date of the notice and the date on which recall and replacement will occur must be not less than 90 days.

19  Paragraphs 97(4)(a) and (b)

Omit “in writing”.

20  After paragraph 127(q)

Insert:

(qa) a decision under subsection 92A(1) to withdraw a number;

21  After item 1, clause 1, Schedule 1

Insert:

22  After item 22, clause 2, Schedule 1

Insert:

23  Item 29, clause 2, Schedule 1

After “(03) 70” in column 1, insert “(except (03) 7010)”.

24  Item 64, clause 3, Schedule 1

After “(07) 70” in column 1, insert “(except (07) 7010)”.

25  After item 64, clause 3, Schedule 1

Insert:

26  Item 7, clause 4, Schedule 1

After “(08) 55” in column 1, insert “(except (08) 5550)”.

27  Item 65, clause 4, Schedule 1

After “(08) 701” in column 1, insert “(except (08) 7010)”.

28  Item 13, clause 1, Schedule 5

Omit “(except 0550)” in column 1.

29  Item 14, clause 1, Schedule 5

Repeal the item.

30  After item 10, clause 2, Schedule 5

Insert:

31  Items 5 and 11, clause 1, Schedule 7

Omit “100,000” in column 3, substitute “10,000”.