Commonwealth of Australia

Telecommunications Regulations 2001

Premium Service Determination

2004 (No. 1)

I, DARYL ROBERT WILLIAMS, Minister for Communications, Information Technology and the Arts, make the following Determination under paragraph 3.12(1)(c) of the Telecommunications Regulations 2001.

Dated 13 April 2004

DARYL WILLIAMS

Minister for Communications, Information Technology and the Arts

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1 Name of Determination

This Determination is the Premium Service Determination 2004 (No. 1).

2 Commencement

This Determination commences on gazettal.

3 Definitions

In this Determination:

Act means the Telecommunications Act 1997.

carriage service has the same meaning as in the Act.

carriage service intermediary has the same meaning as in the Act.

carriage service provider has the same meaning as in the Act.

content service has the same meaning as in the Act.

eligible prefix means a prefix of 191, 193, 194, 195, 196, 197 or 199.

mobile carriage service provider means:

(a) a carriage service provider who supplies a customer with a public mobile telecommunications service; or

(b) a carriage service intermediary who arranges for the supply by a carriage service provider to a customer of a public mobile telecommunications service.

premium content service means a content service where a charge for the supply of the service:

(a) is expected to be included in a bill sent to a relevant customer of a mobile carriage service provider by or on behalf of that provider; or

(b) is payable by a relevant customer to a mobile carriage service provider or any person acting on behalf of that provider:

(i) in advance; or

(ii) in any other manner.

proprietary network means a telecommunications network used by a mobile carriage service provider that enables customers of that provider to access a premium content service by way of a mobile device where that service is not otherwise generally available.

public mobile telecommunications service has the same meaning as in the Act.

relevant customer means a customer of a mobile carriage service provider in relation to the supply of a premium content service.

telecommunications network has the same meaning as in the Act.

4 Determination

The following services are determined for the purposes of paragraph 3.12(1)(c) of the Telecommunications Regulations 2001:

(a) a carriage service supplied by way of a call to a number with an eligible prefix;

(b) a content service supplied by way of a call to a number with an eligible prefix;