3.1 Outline of Schedule for geographic numbers

A telephone number that is a geographic number is identified in items of Schedule 2 in the following way:

Column 1	Shows the first digits of the number
Column 2	Describes the charging district where a call to the number will terminate, or appears to terminate, for charging purposes
Column 3	Describes the structure of the number
Column 4	Explains the special arrangements (if any) for use of the number

(1) This Part applies to the use of a geographic number in connection with the supply of a carriage service to the public.

(2) However, this Part does not apply to the use of a geographic number in a private numbering scheme.

3.3 Geographic numbers

(1) A number with the components in columns 1 and 3 of an item of Schedule 2 is a geographic number.

(2) However, if the special arrangements mentioned for a geographic number in column 4 of Schedule 2 mention that the number is not for use after a particular day, the number is not a geographic number after that day.

3.4 Use of geographic numbers

(1) A geographic number must not be used except in connection with the supply of a local service.

Note 1 Carriage service providers applying for geographic numbers to provide local services through IP telephony are required to have regard to the guidelines in Part 5 of Schedule 7 when completing an application.

Note 2 Part 4 of Schedule 2 to the Act requires that if a carriage service provider supplies a carriage service to an end‑user, and the end‑user has a public number, then the carriage service provider must give to Telstra such information as Telstra reasonably requires to meet its obligation to maintain an integrated public number database.

(2) A call made in Australia to a geographic number must:

(a) terminate at a location in a charging district mentioned for the number in column 2 of Schedule 2 (the relevant charging district); or

(b) be charged for in the way mentioned in subsection (3).

(3) The call charge for the call must be worked out as if the call were terminated at a location in the relevant charging district.

(4) Geographic numbers allocated in the same unit must not be used except in connection with the supply of carriage services:

(a) that terminate calls to the numbers at locations in the same standard zone unit; or

(b) for which the call charge for the calls is worked out as if the calls were terminated at locations in the standard zone unit.

(4A) If:

(a) a carriage service provider offers to supply a carriage service; and

(b) the provider issues a geographic number in connection with the supply of the carriage service; and

the provider must comply with subsection (4B).

(4B) For subsection (4A), the carriage service provider must:

(a) at the time of offering to supply the service, give written notice to all potential customers that:

(i) if the customer is located in an area which is not the charging district for the geographic number to be issued to the customer, calls to the number may be charged as if the customer was located within the relevant charging district for the geographic number; and

(ii) the customer may not be able to port the number to another carriage service provider; and

Note A carriage service provider generally relies on information contained in a geographic number to find out the location of the service being called for the purpose of working out the charge for a call. Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 contains requirements about charging for local calls.

(b) if the internet was used for making the offer, and for allowing customers to enter into an arrangement for supply of the service, ensure:

(i) that the notice under paragraph (a) was prominently displayed on each primary webpage the provider used to offer the supply of the service; and

(ii) that the notice was in a legible text font with a size of at least 10 points and in plain English; and

(c) at the time of entering into an arrangement for supply of the service, obtain a customer acknowledgement that the customer understood the service was limited as mentioned in subparagraphs (a) (i) and (ii).

(4C) Subsection (4A) does not apply to a carriage service provider if the ACMA registers an industry code, in the Register of Industry Codes kept under section 136 of the Act that:

(a) sets out the information a carriage service provider must provide to a potential customer in relation to the use of a geographic number for services provided at a location outside of the relevant charging district for the geographic number; and

(b) applies to the carriage service provider.

(5) This section does not prevent another number being used in connection with the supply of a local service.

Notes

1. Geographic numbers are allocated in units of particular sizes: see section 6.23.

2. The geographic limits on the use of geographic numbers restricts movement of the numbers between different locations.

3.5 Using numbers of local geographic significance: numbers in Part 1 of Schedule 3

(1) A geographic number mentioned in Part 1 of Schedule 3 is a number of local geographic significance.

(2) The number must not be issued except in connection with the supply of a carriage service:

(a) that terminates a call to the number at a location in the area mentioned for the number in Part 1 of Schedule 3; or

(b) for which the call charge for the call is worked out as if the call were terminated at a location in the area.

(3) The number must not be used except in connection with the supply of a carriage service:

(a) that terminates a call to the number at a location in the standard
zone unit containing the area for which the number is issued for subsection (2); or

(b) for which the call charge for the call is worked out as if the call were terminated at a location in the standard zone unit.

(4) If:

(a) a carriage service provider offers to supply a carriage service; and

(b) the provider issues a number of local geographic significance in connection with the supply of the carriage service; and

(c) calls made to the carriage service will not terminate at a location in the area mentioned for the number in Part 1 of Schedule 3;

the provider must comply with subsection (5).

(5) For subsection (4), the carriage service provider must:

(a) at the time of offering to supply the service, give written notice to all potential customers that:

(i) if the customer is located in an area which is not the area for the number of local geographic significance to be issued to the customer, calls to the number may be charged as if the customer was located within the area mentioned for the number in Part 1 of Schedule 3; and

(ii) the customer may not be able to port the number to another carriage service provider; and

Note A carriage service provider generally relies on information contained in a number of local geographic significance to find out the location of the service being called for the purpose of working out the charge for a call. Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 contains requirements about charging for local calls.

(b) if the internet was used for making the offer, and for allowing customers to enter into an arrangement for supply of the service, ensure:

(i) that the notice under paragraph (a) was prominently displayed on each primary webpage the provider used to offer the supply of the service; and

(ii) that the notice was in a legible text font with a size of at least 10 points and in plain English; and

(c) at the time of entering into an arrangement for supply of the service, obtain a customer acknowledgement that the customer understood that the service was limited as mentioned in subparagraphs (a) (i) and (ii).

(6) Subsection (4) does not apply to a carriage service provider if the ACMA registers an industry code, in the Register of Industry Codes kept under section 136 of the Act that:

(a) sets out the information a carriage service provider must provide to a potential customer in relation to the use of a number of local geographic significance for services provided at a location outside the area mentioned for the number in Part 1 of Schedule 3; and

(b) applies to the carriage service provider.

3.6 Using numbers of local geographic significance: other numbers

(1) A geographic number not mentioned in Part 1 or 2 of Schedule 3 is a number of local geographic significance.

(2) The number must be used in connection with the supply of a carriage service in a way consistent, as far as practicable, with the existing patterns of allocation.

(3) The existing patterns of allocation include patterns corresponding to areas where geographic numbers with the same first 6 digits have been issued.

3.7 Using numbers of broad geographic significance: numbers in Part 2 of Schedule 3

(1) A number of broad geographic significance is a geographic number mentioned in Part 2 of Schedule 3.

(2) The number must not be used except in connection with the supply of a carriage service:

(a) that terminates a call to the number at a location in the charging district mentioned for the number in Part 2 of Schedule 3; or

(b) for which the call charge for the call is worked out as if the call were terminated at a location in the relevant charging district.

(3) If:

(a) a carriage service provider offers to supply a carriage service; and

(b) the provider issues a number of broad geographic significance in connection with the supply of the carriage service; and

(c) calls made to the carriage service will not terminate at a location in the charging district mentioned for the number in Part 2 of Schedule 3;

the provider must comply with subsection (4).

(4) For subsection (3), the carriage service provider must:

(a) at the time of offering to supply the service, give written notice to all potential customers that:

(i) if the customer is located in an area which is not the charging district for the number of broad geographic significance to be issued to the customer, calls to the number may be charged as if the customer was located within the charging district mentioned for the number in Part 2 of Schedule 3; and

(ii) the customer may not be able to port the number to another carriage service provider; and

Note A carriage service provider generally relies on information contained in a number of broad geographic significance to find out the location of the service being called for the purpose of working out the charge for a call. Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 contains requirements about charging for local calls.

(b) if the internet was used for making the offer, and for allowing customers to enter into an arrangement for supply of the service, ensure:

(i) that the notice under paragraph (a) was prominently displayed on each primary webpage the provider used to offer the supply of the service; and

(ii) that the notice was in a legible text font with a size of at least 10 points and in plain English; and

(5) Subsection (3) does not apply to a carriage service provider if the ACMA registers an industry code, in the Register of Industry Codes kept under section 136 of the Act that:

(a) sets out the information a carriage service provider must provide to a potential customer in relation to the use of a number of broad geographic significance for services provided at a location outside the charging district mentioned for the number in Part 2 of Schedule 3; and

(b) applies to the carriage service provider.

3.8 Use of local numbers

(1) If a local number only is dialled to make a call between 2 locations having the same area code, the number:

(a) may be used as a geographic number; and

(b) must be accepted as the geographic number by the originating access service provider for the call.

(2) This section does not apply to a call mentioned in section 9.8 until the date when a carriage service provider must ensure that the call can be made without dialling the area code.

Note For renumbering arrangements for geographic numbers see section 9.4 and Schedule 9.

Division 2 Creating standard zone units

3.8A Application for creation of standard zone unit

(1) A carriage service provider may apply to ACMA, in writing, for the creation of a standard zone unit in an area that is not a standard zone unit.

(2) The application must include a statement that the carriage service provider proposes:

(a) to allow existing end‑users who will receive service in the proposed standard zone unit to keep their existing numbers; or

(b) to issue existing end‑users with new numbers.

(3) The application must include the following information:

(a) a description of the area;

(b) a unique name for the proposed standard zone unit;

(d) the charging district within which the proposed standard zone unit would be located;

(e) both:

(i) the longitude and latitude of a point within the proposed standard zone unit by which the unit can be identified; and

(ii) a description of the boundaries of the proposed standard zone unit;

(f) for end‑users (if any) who reside in the area:

(i) the numbers issued to the end‑users; and

(ii) the standard zone unit for which the numbers were originally allocated for use; and

(iii) an explanation of the way (if any) in which the creation of a new standard zone unit is likely to impact on the end‑users.

(4) If either or both of the following apply:

(a) the carriage service provider:

(i) has issued numbers that are allocated for use in another standard zone unit to end‑users in the area of the proposed standard zone unit; and

(ii) proposes that the end‑users should keep their numbers for use in the proposed standard zone unit;

(b) the carriage service provider:

(i) has a block of numbers, from a unit of numbers allocated to it for use in another standard zone unit, which have not yet been issued to customers; and

(ii) proposes to use those numbers in the proposed standard zone unit;

the application must include a request to ACMA to rezone the numbers so that they are appropriate for use in the proposed standard zone unit.

Note If a carriage service provider does not wish to rezone numbers in an existing allocation, or does not hold any numbers that are able to be rezoned, the carriage service provider should apply for an allocation of numbers to be used in the new standard zone unit in accordance with the rules set out in Chapter 6.

If the carriage service provider wishes to recover and replace a number from an end‑user that was issued prior to the area being zoned in accordance with Division 2, the carriage service provider must comply with the rules on recovery and replacement of numbers set out in Chapter 10.

(5) If subsection (4) applies, the application must include:

(a) details of the units of numbers that were allocated for use in another standard zone unit; and

(b) confirmation that the proposed standard zone unit will be in the same charging district as that other standard zone unit to which the numbers had been allocated.

Note The arrangements in this section are consistent with the requirements for rezoning numbers under section 6.33, which is located in Part 3 of Chapter 6.

3.8B Notification of application for creation of standard zone unit

(1) As soon as practicable after receiving an application under subsection 3.8A (1), ACMA must place a copy of the application on an Internet website operated by or for ACMA.

(2) As soon as practicable after receiving an application under subsection 3.8A (1), ACMA must notify, in writing:

(a) each carriage service provider that holds geographic numbers in the proposed standard zone unit at the time ACMA receives the application; and

(b) any other carriage service provider that ACMA considers may be disadvantaged or otherwise inconvenienced by the creation of the proposed standard zone unit;

that ACMA has received the application.

(3) The notification under subsection (2) must also include statements that:

(a) the application has been placed on a website operated by or for ACMA; and

(b) the carriage service provider may make an objection to the creation of the standard zone unit in accordance with section 3.8C.

3.8C Objections to application for creation of standard zone unit

(1) A carriage service provider that:

(a) is notified under subsection 3.8B (2); or

(b) considers that it may be disadvantaged, or otherwise inconvenienced, by the creation of a proposed standard zone unit;

may object to the creation of the proposed standard zone unit.

(2) An objection by a carriage service provider must:

(a) be made in writing; and

(b) be received by ACMA not later than:

(i) 20 business days after the day on which ACMA placed a copy of the application on a website under subsection 3.8B (1); or

(ii) if ACMA, in writing, allows the carriage service provider to make an objection after the end of that period — the time allowed by ACMA; and

(i) is likely to affect the capacity of the carriage service provider
to fulfil its obligations in respect of untimed local calls set out
in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

(ii) is likely to affect the capacity of the carriage service provider to comply with the arrangements made under section 3.4 in relation to geographic numbers; or

(iii) will impose undue costs on the carriage service provider’s capacity to route, or bill for, calls to or from the proposed standard zone unit; and

(d) give reasons in support of the objection.

3.8D ACMA decision on application for creation of standard zone unit

(1) ACMA must decide whether or not to create the standard zone unit proposed in the application within 40 business days after receiving the application.

Note ACMA creates a standard zone unit in accordance with section 3.8G.

(2) If ACMA receives an application under subsection 3.8A (1), ACMA may ask the carriage service provider, in writing, to give it further information on matters mentioned in the application to allow it to consider the application.

Example

ACMA may ask the applicant for further information about numbers that:

 are already in use in another standard zone unit within the same charging district; and

 may also be appropriate to use in the proposed standard zone unit.

(3) The 40 days mentioned in subsection (1) do not include a period:

(a) starting when ACMA asks the carriage service provider under subsection (2) for further information; and

(b) ending when ACMA receives the information.

(4) In deciding whether or not to create the standard zone unit, ACMA must have regard to:

(a) the objects of this plan; and

(b) the ability of any carriage service provider to fulfil its obligations in respect of untimed local calls set out in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 if the standard zone unit were created; and

(c) the ability of any carriage service provider to comply with the arrangements made under section 3.4 in relation to geographic numbers if the standard zone unit were created; and

(d) the reasons given in support of any objection made by a carriage service provider under section 3.8C; and

(e) the extent to which the creation of the new standard zone unit would impose undue costs on carriage service providers, and whether the imposition of the costs would outweigh the advantages of creating the new standard zone unit.

(5) ACMA must notify the applicant of a decision under subsection (1), in writing, as soon as practicable after making the decision.

3.8E Register of standard zone units

(1) ACMA must make and keep a register to record standard zone created after decisions under subsection 3.8D (1).

(2) ACMA must make the register available for inspection by the public at reasonable times.

(3) ACMA must update the register as soon as practicable if:

(a) the details recorded in the register have changed; or

(b) ACMA makes a decision, in relation to a carriage service provider or a standard zone unit, that affects a matter recorded in the register.

3.8F Creation of standard zone unit by registration

(1) If ACMA decides under subsection 3.8D (1) to create a standard zone unit, ACMA must create the standard zone unit in accordance with this section as soon as practicable after making the decision.

(2) ACMA must include in the register kept under section 3.8E:

(a) the details of the standard zone unit; and

(b) the information for the standard zone unit given under subsection 3.8A (2) by the applicant for the creation of the standard zone unit.

(3) The standard zone unit is taken to have been created when ACMA completes the arrangements set out in subsection (2).

(4) ACMA may, at any time, include other information about the standard zone unit in the register.

3.8G ACMA decision on request to rezone numbers to be used in new standard zone unit

(1) If an application under subsection 3.8A (1) includes a request for ACMA to rezone numbers so that they are appropriate for use in a proposed standard zone unit:

(a) ACMA is not required to make a decision if ACMA refuses to create the standard zone unit proposed in the application; and

(b) if ACMA decides to create the standard zone unit, ACMA must decide whether to approve or refuse the request within 5 business days after making that decision.

Note There are several processes by which a carriage service provider may be provided with numbers that can be used in a new standard zone unit.

One process is to rezone numbers allocated for use in a new standard zone unit in the same charging district as the charging district in which the new standard zone unit is to be created. This section provides ACMA with the discretion to rezone a block of contiguous numbers in an allocation for use in the new standard zone unit.

If a carriage service provider has already issued numbers to customers that are in areas that are to be rezoned under Division 2, the provider may choose to request ACMA to rezone a block of numbers which includes those customers’ numbers. ACMA may only make a decision to rezone numbers where the carriage service provider has made an application for ACMA to do so under section 3.8A.

(2) In deciding whether to make a decision under subsection (1), ACMA must have regard to:

(a) the objects of this plan; and

(b) the ability of any carriage service provider to fulfil its obligations
in respect of untimed local calls set out in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 if the standard zone unit were created; and

(c) the ability of any carriage service provider to comply with the arrangements made under section 3.4 in relation to geographic numbers if the standard zone unit were created; and

(d) the reasons given in support of any objection made by a carriage service provider under section 3.8C; and

(e) whether the new standard zone unit will be in the same charging district as the other standard zone unit to which the numbers had been allocated.

(3) ACMA must notify the applicant of a decision under subsection (1), in writing, as soon as practicable after making the decision.

(4) ACMA must update the Register, maintained under section 465 of the Act, to reflect an approval of a request.

Part 2 Special services numbers

Division 1 Information about special services numbers

Information about special services numbers

This Part and Schedule 4 explain:

the form of special services numbers
that special services numbers must be used in connection with the supply of carriage services specified for the numbers
the broad level of charge for calls to special services numbers
which special services numbers are shared selectable numbers, or shared non‑selectable numbers, and how they may be used
which special services numbers are access codes, and how they may be used
other ways that special services numbers can be used.

A special services number does not show the geographic location of the number being called.

A number in the form identified in Schedule 4 is recognised as a special services number. A number that does not have that form is not recognised as a special services number, and must not be used as a special services number.

The arrangements for special services numbers are as consistent as practicable with the International Telecommunication Union document ITU‑T Recommendation E.164, Numbering Plan for the ISDN Era.

3.9 Outline of Schedule for special services numbers

A telephone number that is a special services number is identified in items of Schedule 4 in the following way:

Column 1	Shows the number, or the first digits of the number (the prefix)
Column 2	Describes the carriage service to which the prefix relates and explains (in italics) whether the level of call charge for the number is limited to a low charge
Column 3	Describes the structure for the number and explains (in italics) special arrangements (if any) for use of the number
Column 4	Explains whether an incoming call from outside Australia may be routed to the number and also explains (in italics) whether the number is a type of shared number

3.10 Application of Part 2

(1) This Part applies to the use of a special services number specified in Schedule 4 in connection with the supply of carriage services to the public.

(2) However, this Part does not apply to the use of a special services number in a private numbering scheme.

3.11 Special services numbers

(1) A number with the components in columns 1 and 3 of an item of Schedule 4 is a special services number.

(2) However, if the special arrangements mentioned in italics in column 3 of Schedule 4 for a number state that the number is not for use before a particular day, the number is not a special services number until that day.

(3) However, if the special arrangements mentioned in italics in column 3 of Schedule 4 for a number state that the number is not for use after a particular day, the number is not a special services number after that day.

(4) A number with 4 to 13 digits (inclusive), and with the prefix ‘10’, ‘11’ or ‘12’, is also a special services number.

3.12 Using special services numbers

(1) A special services number must not be used except in connection with the supply of the type of carriage service mentioned for the number in column 2 of Schedule 4.

(2) However, a special services number with 4 to 15 digits (inclusive), and with the prefix ‘10’, ‘11’ or ‘12’, must not be used except:

(a) in connection with the supply of an incoming only international service; or

(b) in accordance with arrangements for the number mentioned in section 3.18; or

(3) This section does not prevent another number being used in connection with the supply of carriage services mentioned in column 2 of Schedule 4.

Note Sections 3.16 and 3.17 explain whether the number is a shared number that must be used in connection with the supply of a selectable or non‑selectable carriage service.

3.12A Using special services number 12 23 for national and international operator connected call service or operator service

In addition to subsection 3.12 (1), the special services number 12 23 may be used in connection with the supply of:

(a) a national and international operator connected call service; or

(b) an operator service;

only in accordance with the table and sections 3.12B, 3.12C and 3.12D.

Table

Item	If the special services number is used to make a call using …	then …
1	a public mobile telecommunications service	the carriage service provider may, at its discretion, supply the national and international operator connected call service or operator service
2	a carriage service (other than a public mobile telecommunications service) that is not subject to the price control arrangements specified in a determination made by the Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999	the carriage service provider may, at its discretion, supply the national and international operator connected call service or operator service
3	a carriage service (other than a public mobile telecommunications service) that is subject to the price control arrangements specified in a determination made by the Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999	(a) the carriage service provider must not supply the national and international operator connected call service or operator service unless an approved implementation operation plan is in effect for the carriage service provider; and (b) the carriage service provider must supply the national and international operator connected call service or operator service in accordance with the approved implementation operation plan

Note Implementation operation plans are explained in section 3.12B.

3.12B Implementation operation plan

(1) If a carriage service provider wishes to use the special services number 12 23 in connection with the supply of a national and international operator connected call service or an operator service (an optional service) in response to calls made using a carriage service that:

(a) is not a public mobile telecommunications service; and

(b) is subject to the price control arrangements specified in a determination made by the Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999;

the provider must apply to ACMA for approval of an implementation operation plan relating to how the provider will use the number to supply the optional service.

(2) The application must be made in a form approved by ACMA.

(3) The application form must require the applicant to consult with consumer organisations about the provision of optional services, and to provide a documented record of the consultations as part of the application.

Note The applicant is expected to consult consumer organisations that are appropriate to the circumstances in which, and the clients to whom, the applicant proposes to supply the optional services. The opinion of each organisation that has been consulted will be taken into account under subsection (5).

(4) The application must be accompanied by a draft implementation operation plan that sets out arrangements to ensure that:

(a) the provider will continue to supply a directory assistance service when the special services number is used to supply optional services; and

(b) the supply of optional services will not diminish access to, or the supply of, a directory assistance service when the special services number is used to supply optional services; and

(c) consumers will be adequately informed about the availability of the optional service and any charges applicable to the supply of the optional service.

(5) ACMA must consider the application within 60 business days after receiving it, having regard to:

(a) whether the draft implementation operation plan will ensure the outcomes mentioned in subsection (4); and

(b) whether the draft implementation operation plan is consistent with the objects of the Act; and

(c) the opinion of each appropriate consumer organisation that the carriage service provider has consulted about the provision of optional services; and

(d) any other matter that ACMA considers relevant.

(6) Within the 60 business days mentioned in subsection (5), ACMA may ask the carriage service provider, in writing, to give it further information about matters mentioned in the application to allow it to consider the application.

(7) The 60 business days mentioned in subsection (5) do not include a period:

(a) starting when ACMA asks the carriage service provider under subsection (6) for further information; and

(b) ending when ACMA receives the information.

(8) If ACMA is satisfied:

(a) that the draft implementation operation plan sets out appropriate arrangements for subsection (4); and

(b) the draft implementation operation plan is consistent with the objects of the Act; and

(c) that the carriage service provider has given it adequate records of all consultations it has had with appropriate consumer organisations about the provision of optional services; and

(d) as to any other matter that ACMA considered relevant for paragraph (5) (d);

ACMA must approve the draft implementation operation plan and notify the carriage service provider of its decision.

(9) If ACMA is not satisfied as described in subsection (8), ACMA must:

(a) refuse to approve the draft implementation operation plan; and

(b) notify the carriage service provider of its decision.

Note A refusal of an application is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.12C Amendment or replacement of implementation operation plan at ACMA’s direction

(1) If ACMA has approved an implementation operation plan, ACMA may direct the relevant carriage service provider, in writing:

(a) to amend the approved plan in a way set out in the direction; or

(b) to replace the approved plan with a plan set out in the direction.

(2) However, ACMA must not give a direction unless it is satisfied that the arrangements in:

(a) the approved plan, as amended; or

(b) the replacement plan;

will be more effective in ensuring the outcomes mentioned in subsection 3.12B (4).

(3) If ACMA gives a carriage service provider a direction, the provider must not supply an optional service unless ACMA notifies the provider that ACMA has decided that the provider has complied with the direction.

Note A carriage service provider is not required to comply with the direction, and may instead decide to cease supplying optional services.

(4) If the carriage service provider gives ACMA an amended plan, or a replacement plan, that the provider believes complies with the direction, ACMA must decide, within 60 business days after receiving the plan, whether the provider has complied with the direction.

(5) Within the 60 business days mentioned in subsection (4), ACMA may ask the carriage service provider, in writing, to give it further information to allow it to consider the plan.

(6) The 60 business days mentioned in subsection (4) do not include a period:

(a) starting when ACMA asks the carriage service provider under subsection (5) for further information; and

(b) ending when ACMA receives the information.

(7) If ACMA is satisfied that the carriage service provider has complied with the direction, ACMA must approve the plan and notify the provider of its decision.

(8) If ACMA is not satisfied that the carriage service provider has complied with the direction, ACMA must notify the provider of its decision.

Note A decision that ACMA is not satisfied that a carriage service provider has complied with its direction is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.12D Amendment or replacement of implementation operation plan on application by carriage service provider

(1) In addition to section 3.12C, a carriage service provider may apply to ACMA for approval of:

(a) an amendment of the approved implementation operation plan set out in the application; or

(b) a replacement implementation operation plan set out in the application.

(2) The application must be made in a form approved by ACMA.

(3) ACMA must consider the application within 60 business days after receiving it, having regard to whether the arrangements in the amended plan or the replacement plan will be more effective than the current approved implementation operation plan in ensuring the outcomes mentioned in subsection 3.12B (4).

(4) Within the 60 business days mentioned in subsection (3), ACMA may ask the carriage service provider, in writing, to give it further information about matters mentioned in the application to allow it to consider the application.

(5) The 60 business days mentioned in subsection (3) do not include a period:

(a) starting when ACMA asks the carriage service provider under subsection (4) for further information; and

(b) ending when ACMA receives the information.

(6) The carriage service provider must supply optional services in accordance with the provider’s current approved implementation operation plan until ACMA notifies the provider of its decision.

(7) If ACMA is satisfied:

(a) that the amended plan or the replacement plan will be more effective than the current approved plan in ensuring the outcomes mentioned in subsection 3.12B (4); and

(b) the amended plan or the replacement plan will be consistent with the objects of the Act; and

ACMA must approve the amendment or the replacement plan and notify the carriage service provider of its decision.

(8) If ACMA is not satisfied as described in subsection (7), ACMA must:

(a) refuse to approve the amendment or the replacement plan; and

(b) notify the carriage service provider of its decision.

Note A refusal of an application is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.12E Cessation of supply of service under implementation operation plan

(1) If a carriage service provider:

(a) uses the special services number 12 23 in connection with the supply of a national and international operator connected call service or an operator service; and

(b) intends to cease the supply of the service;

the provider must notify ACMA of its intention, in writing, as soon as practicable before ceasing to supply the service.

(2) The carriage service provider must include in the notification the likely date on which the provider will cease to supply the service.

3.13 Call charge

(1) Column 2 of an item of Schedule 4 also explains (in italics) whether the level of call charge for the number in the item is limited to a low charge (a low charge number).

(2) Subsection (3) only applies to calls made to a low charge number using a standard telephone service (other than a public mobile telecommunications service).

(3) A low charge number is for use only in connection with the supply of carriage services for which the call charge for calls to the number:

(a) is worked out by reference to the number of calls made during a particular period, regardless of how long each call lasted; and

(b) is not more than the low charge amount.

(4) The low charge amount is the highest call charge for an eligible local call made using a standard telephone service, other than a public mobile telecommunications service, supplied by the national universal service provider.

(5) Call charge is the charge (if any) that a customer would incur for using a carriage service to make a call, disregarding optional discounts and surcharges (if any) applied to the charge.

3.14 Incoming international access

(1) Column 4 of an item of Schedule 4 also states whether an incoming call from outside Australia may be routed to the special services number in the item.

(2) If column 4 of an item of Schedule 4 states that the call may not be routed to the special services number in the item, the number must not be used in connection with the supply of a carriage service that routes the call to the number.

(3) If column 4 of an item of Schedule 4 states that the call may be routed to the special services number in the item, the number may be used in connection with the supply of a carriage service that routes the call to the number.

Division 2 Special services numbers that are shared numbers

Information about shared numbers

Shared numbers are used in connection with the supply of either a selectable or non‑selectable carriage service.

‘1234’ is a shared number used in connection with the supply of a selectable carriage service, as it is a number available to be shared by carriage service providers to supply the service mentioned for the number in Schedule 4. Callers to the number can choose to use the services of a carriage service provider by pre‑selecting to that carriage service provider or, on a call by call basis, by use of a pre‑selection over‑ride code before the shared number. Section 349 of the Act allows for ACMA to make written determinations about pre‑selection.

‘1831’ is a shared number used in connection with a calling number display over‑ride service that is also a non‑selectable carriage service.

See Dictionary for the meaning of:

pre‑selection over‑ride code
pre‑selection over‑ride service
non‑selectable carriage service
selectable carriage service.

3.15 Shared numbers

Column 4 of an item of Schedule 4 also states (in italics) whether the number in the item is a type of shared number.

3.16 Shared numbers used on a selectable basis

(1) If column 4 of an item in Schedule 4 includes a reference to ‘shared selectable’, the number in the item is a shared number that must not be used except in connection with the supply of a selectable carriage service.

(2) A shared number may be used without being allocated.

(3) This section does not prevent another number being used in connection with the supply of a selectable carriage service.

3.17 Shared numbers used on a non‑selectable basis

(1) If column 4 of an item in Schedule 4 includes a reference to ‘shared non‑selectable’, the number in the item is a shared number that must not be used except in connection with the supply of a non‑selectable carriage service.

(2) A private number is also a shared number that must be used in connection with the supply of a non‑selectable carriage service.

(3) A shared number may be used without being allocated.

(4) This section does not prevent another number being used in connection with the supply of a non‑selectable carriage service.

3.17A Shared numbers used on a not accessible to public basis

(1) If column 4 of an item in Schedule 4 includes a reference to ‘shared not accessible to public’, the number in the item is a shared number that must not be:

(a) accessible to the public; or

(b) allocated to a carriage service provider; or

(c) used by a carriage service provider except in connection with the supply of an assistance operator service, a delay operator service or a directory enquiries service.

(2) This section does not prevent another number being used in connection with the supply of an assistance operator service, a delay operator service, or a directory enquiries service.

Division 3 Special services numbers that are access codes

Information about access codes

Access codes are numbers used only as prefixes to other numbers. Examples of the other numbers are:

international numbers
private numbers
geographic numbers
special services numbers.

Access codes generally indicate that a particular kind of carriage service or function is applied to a call to the number following the access code.

‘0011’ is an access code used as a prefix to an international number or a private number. The access code indicates that the number is used in connection with the supply of a carriage service of an international character.

3.18 International access codes

(1) A special services number in Part 2 of Schedule 4 may be used as a prefix to an international number or a private number.

(1A) However, the special services number ‘0011800’ may only be used as a prefix to a freephone subscriber number within the meaning of ITU Recommendation E.169.

(2) When the special services number is used in that way:

(a) it is an access code; and

(b) it may be used in conjunction with access codes that are shared numbers.

(3) This section does not prevent a local number, geographic number, international number or private number being used without the relevant access code.

3.19 Carriage service provider identification codes

(1) A special services number in Part 3 of Schedule 4 is a carriage service provider identification code that may be used as an access code for a call of a kind:

(a) that:

(i) is listed in a determination in force under subsection 349 (1) or (2) of the Act; or

(ii) uses services that the originating carriage service provider,
and other carriage service providers for the call, agree are pre‑selectable services or services for which override is available; and

(b) for which the number that follows the access code is another number specified in this numbering plan.

(2) A carriage service provider identification code:

(a) may be used:

(i) to identify a telecommunications network, with or without the number for the call having been called; or

(ii) to interconnect routing of a call between carriage service providers, with or without the number for the call having been called; and

(b) may prefix:

(i) another number specified in this numbering plan; or

(ii) an address digit for routing a call across a point of interconnection.

(3) This section does not prevent another number being used in connection with the supply of a selectable carriage service.

3.20 Virtual private network access codes

(1) A special services number in Part 4 of Schedule 4 is an access code that must not be used except as a prefix to a local number, geographic number, international number, special services number (other than an access code), internal number or private number.

(2) When the special services number is used in that way, it may be used in conjunction with access codes that are shared numbers.

(3) An internal number must not be used without the relevant access code.

(4) This section does not prevent a local number, geographic number, international number, special services number or private number being used without the relevant access code.

3.22 Incoming only international access codes

(1) A special services number in Part 6 of Schedule 4 is an access code that must not be used except as a prefix to a local number, geographic number, special services number or private number.

(2) This section does not prevent a local number, geographic number, special services number or private number being used without the relevant access code.

3.23 Miscellaneous access codes

(1) A special services number in Part 7 of Schedule 4 is an access code that must not be used except as a prefix to a local number, geographic number, international number or special services number.

(2) When the special services number is used in that way, it may be used in conjunction with access codes that are shared numbers.

(3) This section does not prevent a local number, geographic number, international number or special services number being used without the relevant access code.

Part 3 Emergency service numbers

Information about emergency service numbers

This Part deals with the form of an emergency service number.

Emergency service numbers are used in connection with emergencies that are likely to require the assistance of an emergency service organisation. Subsection 466 (1) of the Act describes the organisations that are emergency service organisations.

3.24 Emergency service numbers

For subsection 466 (2) of the Act, the following numbers are emergency service numbers:

(a) the primary emergency service number is ‘000’;

(b) the secondary emergency service numbers are ‘106’ and ‘112’.

3.25 Using emergency service numbers

No other number must be:

(a) used as an emergency service number; or

(b) accepted as an emergency service number by the network on which a call to the number originates.

Note Section 265 of the Act requires ACMA to make a determination for the provision of emergency call services having regard to the objective that a carriage service provider who supplies a standard telephone service should provide each end‑user of that standard telephone service with access, free of charge, to an emergency call service, unless ACMA considers that it would be unreasonable for such access to be provided.

Part 4 Private numbers

3.26 Private numbers

A private number is any number that satisfies this Part.

3.27 Use in private numbering schemes

The number must be:

(a) used in a private numbering scheme that uses an escape code; or

(b) used in a private numbering scheme that does not use an escape code.

3.28 Private numbering scheme with escape code

(1) This section applies to a number used in a private numbering scheme that uses an escape code.

(2) The number must not begin with the escape code, unless the entire number is the escape code.

Note See the Dictionary for the meaning of private numbering scheme.

3.29 Private numbering scheme without an escape code — numbers starting with ‘0’ or ‘1’

(1) This section applies to a number:

(a) used in a private numbering scheme that does not use an escape code; and

(b) starting with ‘0’ or ‘1’.

(2) The originating access carriage service provider for a call to the number must not treat the call as a call to a special services number.

3.30 Private numbering scheme without an escape code — numbers starting with ‘2’ to ‘9’

(1) This section applies to a number:

(a) used in a private numbering scheme that does not use an escape code; and

(b) starting with ‘2’, ‘3’, ‘4’, ‘5’, ‘6’, ‘7’, ‘8’ or ‘9’.

(2) During the period starting on the commencing day and ending on 8 November 1998, the number must not have more than 6 digits.

(3) At any time after 8 November 1998, the number must not have more than 8 digits.

3.31 Exceptions to private numbering schemes without an escape code

Sections 3.29 and 3.30 do not apply to a number issued to a customer if:

(a) the number was issued at the customer’s request; and

(b) before the number was issued, the carriage service provider holding the number told the customer, in writing, that use of the number in a private numbering scheme would be likely to affect the ability of end‑users in the scheme to use the number in connection with the supply of other carriage services specified for the number in this plan; and

(d) the number is not a special services number that must, under this plan, be used in connection with supply of a calling number display over‑ride service; and

Note See the Dictionary for the meaning of calling number display over‑ride service.

(e) the number is not a number that has been issued to an emergency service organisation.

Note All private numbers are shared numbers used in connection with the supply of non‑selectable carriage services, see subsection 3.17 (2).

Division 1 Introductory

3.32 Application of Part 5

(1) This Part applies to the allocation and use of a freephone number, local rate number or a premium rate number in connection with the supply of a carriage service to the public.

(2) Despite subsection (1), the following arrangements apply in the period starting on the commencement of this Part and ending when ACMA makes the first declaration under section 3.39:

(a) freephone numbers and local rate numbers are to be allocated, issued and used, during the period, in accordance with this Plan as it was in force immediately before the commencement of this Part;

(b) ACMA may make any of the arrangements required under this Part during the period (for example, preparing the first declaration of numbers under Division 3 or registering carriage service providers under Division 4);

(c) a carriage service provider must comply with requirements of ACMA under this Part during that period (for example, notifying ACMA of freephone numbers and local rate numbers under Division 11).

Note Although this Part places freephone numbers and local rate numbers under new administrative arrangements, the arrangements cannot be used until ACMA has made the first declaration of numbers under section 3.39.

Until that declaration is made, ACMA’s intention is that freephone numbers and local rate numbers will be dealt with under the arrangements that were in the Plan before this Part commenced.

When the declaration is made, all freephone numbers and local rate numbers that are affected by the declaration will be administered under this Part.

3.33 Delegation

(1) ACMA must not delegate to a body corporate ACMA’s powers and functions in this Part relating to the registration of carriage service providers unless:

(a) ACMA is satisfied that the body will register providers only in accordance with rules and arrangements approved by ACMA; and

(b) the body has entered into a written agreement with ACMA relating to matters including:

(i) the notification of ACMA about proposed changes to those approved rules and arrangements; and

(ii) the manner in which the body will perform the powers and functions.

(2) ACMA must not delegate to a body corporate ACMA’s powers and functions under this Part relating to the allocation of numbers unless:

(a) ACMA is satisfied that the body will allocate the numbers using equipment and technology that will ensure the efficient and accurate allocation of numbers; and

(b) ACMA is satisfied that the body will allocate the numbers only in accordance with rules and arrangements approved by ACMA; and

(i) the notification of ACMA about proposed changes to those approved rules and arrangements; and

(ii) the manner in which the body will perform the powers and functions.

Note Under section 467 of the Act, ACMA may, by writing, delegate any or all of the powers conferred on ACMA by the numbering plan to a body corporate.

Division 2 Information about freephone, local rate and premium rate numbers

3.34 Outline of Schedule for freephone numbers

(1) A telephone number that is a freephone number is identified in an item of Schedule 4A in the following way:

Column 1	Shows the number, or the first digits of the number (the prefix)
Column 2	Describes the structure for the number
Column 3	Explains whether an incoming call from outside Australia may be routed to the number

(2) For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4A is a freephone number.

3.35 Outline of Schedule for local rate numbers

(1) A telephone number that is a local rate number is identified in an item of Schedule 4B in the following way:

Column 1	Shows the number, or the first digits of the number (the prefix)
Column 2	Describes the structure for the number
Column 3	Describes any limits on the use of the number
Column 4	Explains whether an incoming call from outside Australia may be routed to the number

(2) For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4B is a local rate number.

3.35A Outline of Schedule for premium rate numbers

(1) A telephone number that is a premium rate number is identified in an item in Schedule 4C in the following way:

Column 1	Shows the number, or the first digits of the number (the prefix)
Column 2	Describes the structure for the number and explains (in italics) special arrangements (if any) for use of the number
Column 3	Describes the limits on the use of the number Note The supply of age‑restricted services is limited to prefixes 195 and 196 only.
Column 4	Explains whether an incoming call from outside Australia may be routed to the number

(2) For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4C is a premium rate number.

3.36 Incoming international access

(1) If an item of Schedule 4A or Schedule 4B has ‘No’ in the incoming international access column, a number identified in column 1 of the item must not be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

(2) If an item of Schedule 4A or Schedule 4B has ‘Yes’ in the incoming international access column, a number identified in column 1 of the item may be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

(3) In this section:

incoming international access column means:

(a) for Schedule 4A — column 3; and

(b) for Schedule 4B — column 4.

3.37 Entitlement of holder of freephone, local rate or premium rate number

(1) A carriage service provider that holds a freephone number, local rate number or a premium rate number has:

(a) the exclusive ability to make the first issue of the number to a customer; and

(b) the exclusive ability to supply a service on that number; and

(c) the exclusive ability to enter into a commercial relationship with another carriage service provider, governed by an agreement, to supply a service on that number.

(2) For paragraph (1) (c), the carriage service provider that holds the number is liable for:

(a) all charges imposed on the number under:

(i) the Telecommunications (Numbering Charges) Act 1991; or

(ii) the Telecommunications (Numbering Charges) Act 1997; or

(b) an amount of late payment penalty (within the meaning of section 468 of the Act) imposed in relation to annual charge (within the meaning of section 468 of the Act) payable by the carriage service provider.

Note The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

3.37A Prefixes for age‑restricted services

(1) A mobile carriage service provider must not supply an age‑restricted service by way of a premium SMS or MMS service otherwise than on a number with the prefix 195 or 196.

(2) A mobile carriage service provider is taken not to have contravened subsection (1) if, at the time the age‑restricted service was supplied, the carriage service provider:

(a) did not know; and

(b) could not, with reasonable diligence, have found out;

that it was supplying an age‑restricted service by way of a premium SMS or MMS service otherwise than on a number with the prefix 195 or 196.

(3) For subsection (2), in determining whether a mobile carriage service provider could, with reasonable diligence, have found out that it was supplying an age‑restricted service by way of a premium SMS or MMS service otherwise than on a number with the prefix 195 or 196, ACMA must have regard to the following matters:

(a) whether the content service provider that supplied the age‑restricted service by way of the premium SMS or MMS service is under any contractual obligation to notify the mobile carriage service provider of the nature of the content supplied;

(b) whether the mobile carriage service provider does any of the following:

(i) monitoring, or arranging for the monitoring of, advertisements for premium SMS or MMS services broadcasted on television or radio or appearing in newspapers or magazines where such advertisements are likely to be found;

(ii) checking, or arranging for the checking of, those advertisements against the content of the services being advertised;

Division 3 Freephone, local rate and premium rate numbers that may be allocated

3.38 Numbers that are available for allocation

(1) A freephone number is available for allocation if:

(a) ACMA has declared, in writing, that the number is available; and

(b) the declaration is in force in respect of the number.

(2) A local rate number is available for allocation if:

(a) ACMA has declared, in writing, that the number is available; and

(b) the declaration is in force in respect of the number.

(3) A premium rate number is available for allocation if:

(a) ACMA has declared, in writing, that the number is available; and

(b) the declaration is in force in respect of the number.

3.39 Declaration that number is available for allocation

(1) ACMA may, in writing, declare that a freephone number, local rate number or a premium rate number is available for allocation.

(2) A number that has already been allocated may be included in a declaration.

Note The purpose of the declaration is to identify as many numbers as possible that ACMA may allocate at any time in the future.

It should not be assumed that the inclusion in a declaration of a number that has already been allocated means that the current arrangements for that number are being changed. A declaration may include a number that has already been allocated because it is being identified for a future allocation if the number is ever surrendered or withdrawn.

(3) Before making the declaration, ACMA must consult with:

(a) an advisory committee; and

(b) any carriage service provider that is likely to be affected by the declaration.

(4) The declaration must specify:

(a) its date and time of effect; and

(b) the numbers or class of numbers to which it applies.

(5) If the declaration is to operate for a fixed period, it must also specify the period.

(6) ACMA may tell any person whom it considers may have an interest in the declaration, about the declaration.

(7) ACMA must:

(a) establish and maintain a register of declarations made for available numbers; and

(b) make the register available for public inspection.

3.40 Matters to consider in making declaration

(1) ACMA must ensure that a declaration made under section 3.39 will promote the public interest in the management and administration of numbers that are subject to the declaration.

(2) In deciding whether a declaration will promote the public interest in the management and administration of the numbers that are subject to the declaration, the ACA must consider any matters it considers relevant.

Division 4 Registration of carriage service providers

3.41 Registration is required before allocation, surrender, release from quarantine

A carriage service provider must hold a current registration given under this Division before the provider is entitled:

(a) to have a freephone number, local rate number or a premium rate number allocated to it; or

(b) to surrender a freephone number, local rate number or a premium rate number; or

Note The carriage service provider must also comply with other requirements in this Part.

3.42 Approval of registration forms and arrangements

(1) ACMA must, in writing, approve:

(a) the following forms to be used for the purposes of an application for registration under this Division:

(i) 1 or more application forms;

(ii) 1 or more forms of guarantee to be given by a bank; and

(b) the place or places at which an application may be lodged.

(2) ACMA may, in writing, approve arrangements for ACMA to offer an option for making applications for registration by electronic means.

Note Registration will be carried out manually after this Division commences, but ACMA may be able to offer an option of electronic registration in the future.

3.43 Application for registration

(1) A carriage service provider that wishes to be registered must apply to ACMA, using the appropriate approved application form.

(2) The registered carriage service provider must include, as part of the application, any form of guarantee, to be given by a bank, that is required by the approved application form.

(3) The application must be lodged at an approved place.

3.44 Decision on application for registration

(1) ACMA must, within 14 days after receiving the application, approve it or refuse it.

(2) ACMA must approve the application if the carriage service provider:

(a) completes the application form in accordance with the instructions in the form; and

(b) provides the required form of guarantee (if any); and

(c) is able, at the time of application, to participate in the electronic allocation procedures set out in Divisions 5, 6 and 7 (whether or not the provider intends to participate in the procedure at the time of the application); and

(d) has indicated that it will continue to participate in the electronic allocation procedures set out in Divisions 5, 6 and 7 at all times when the provider holds a freephone number, local rate number or a premium rate number.

(3) If ACMA approves the application, ACMA must:

(a) register the carriage service provider in a register established for the purposes of this subsection; and

(b) assign to the provider a unique form of identification.

Note The form of identification is likely to be an alpha‑numeric code.

The carriage service provider will be able to use the form of identification in the electronic allocation, surrender, transfer and withdrawal procedures set out in this Part.

(4) ACMA must refuse the application if the carriage service provider does not meet the requirements of subsection (2).

(5) If ACMA refuses the application, ACMA must notify the carriage service provider, as soon as practicable, that the application has been refused.

3.45 Registered carriage service provider

A carriage service provider that is registered under paragraph 3.44 (3) (a) is a registered carriage service provider.

Division 5 Allocation by reservation of number (withheld status)

3.46 Withheld status

(1) This Division empowers ACMA to allocate a freephone number, local rate number or a premium rate number by the reservation of the number, on application by a registered carriage service provider, for a short period that will give the provider time to allow a potential customer to consider the use of the allocated number.

(2) This process is allocation with withheld status.

3.47 Approval of forms and arrangements: allocation with withheld status

(1) ACMA must, in writing, approve:

(a) 1 or more application forms to be used for the purposes of making an application for the allocation of a freephone number, local rate number or a premium rate number with withheld status; and

(b) arrangements for making applications for the allocation of the number by electronic means; and

Note ACMA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.

(2) The approved arrangements must include arrangements for ACMA:

(a) to specify the maximum number of numbers, or a proportion or quota of numbers, that may be allocated with withheld status to a class of registered carriage service providers; and

(b) to specify a maximum period for which a number may be allocated with withheld status (the reservation period); and

(c) to extend a reservation period on application, and to specify a period of extension that is to apply to all applications; and

(d) to give registered carriage service providers written information about the effect of the approved arrangements, including ACMA’s powers:

(i) to specify reservation periods; and

(ii) to withdraw a number that has been allocated by reservation at the end of a reservation period unless the provider confirms the allocation.

(3) The approved arrangements must include arrangements for the payment and collection of:

(a) the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997; and

(b) the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

(4) The approved arrangements must include arrangements that ensure that a carriage service provider may not apply for the allocation of a number which was previously allocated to it by reservation for a period (the specified period) following:

(a) the end of the reservation period; or

(b) the surrender of the number by the carriage service provider before the end of the reservation period for the number; or

Note The prohibition in subsection (4) is intended to ensure that other registered carriage service providers that may be seeking the allocation of a particular number will not be prevented from obtaining the number because the previous holder of the number is attempting to extend the reservation indefinitely.

(5) The approved arrangements must include arrangements for ACMA to specify, in writing, the period mentioned in subsection (4).

(6) The approved arrangements must include arrangements for ACMA to refuse an application for the allocation of a particular number with withheld status, an application for the extension of a reservation period, or the notification of the confirmation of a reservation period, for any of the following reasons:

(a) the number is not a freephone number, local rate number or a premium rate number;

(b) the number is not included in a declaration that is in force under section 3.39;

(d) the number is a quarantined number when ACMA considers the application;

(e) the application was not made by a registered carriage service provider;

(f) the application form does not include all of the information required to be given;

(g) the registered carriage service provider has had a liability for payment of annual numbering charge outstanding for more than 3 months before the date of the application or the notification, and ACMA has not declared that the number may again be allocated to the provider;

(h) the number was previously allocated to the registered carriage service provider by reservation, but:

(i) the provider surrendered the number within the reservation period; and

(ii) the specified period relevant to the reservation has not ended;

(i) the number was previously allocated to the registered carriage service provider by reservation, but:

(i) the number was withdrawn by ACMA within the reservation period; and

(ii) ACMA has not declared that the number may again be allocated to the provider;

(j) ACMA has previously withdrawn the number from the registered carriage service provider because the number was allocated, issued, transferred or used in a manner inconsistent with this Plan, and ACMA has not declared that the number may again be allocated to the provider;

(k) ACMA has previously withdrawn the number from the registered carriage service provider because the number was not placed in service for a particular period, and ACMA has not declared that the number may again be allocated to the provider;

(l) ACMA has previously withdrawn the number from the registered carriage service provider in compliance with an order made by a court, and ACMA has not declared that the number may again be allocated to the provider;

(m) in the case of an application for the extension of a reservation period, the period has already been extended once;

(n) the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 3 months before the date of the application or the notification.

Note The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

(7) The approved arrangements must include arrangements for ACMA to declare that a number may again be allocated to a registered carriage service provider for the purposes of paragraph (6) (g), (i), (j), (k) or (l).

Note ACMA wishes to make it clear that, if it withdraws a number from a registered carriage service provider for punitive reasons, that provider cannot re‑apply for allocation of the number without a declaration by ACMA that the number may be allocated to the provider.

(8) The approved arrangements must include arrangements:

(a) for a registered carriage service provider:

(i) to confirm the allocation of a number that has been reserved if the provider wishes to do so; or

(ii) to change the basis on which a number has been allocated, from allocation with withheld status to allocation with reserved status, if the provider wishes to do so; and

(b) for dealing with the provider in the same way as an application for allocation of the number, or with variations that reflect the provider’s requirements.

(9) The approved arrangements:

(a) are not limited to the arrangements mentioned in subsections (2), (3), (4), (5), (7) and (8); but

(b) must not include a reason for refusing an application that is not mentioned in subsection (6).

3.48 Electronic allocation procedure

(1) The electronic allocation procedure for the allocation of a freephone number, local rate number or a premium rate number with withheld status consists of:

(a) the arrangements for making an application by electronic means that are approved under section 3.47; and

(b) the arrangements for allocating the number by electronic means that are approved under section 3.47.

(2) The electronic allocation procedure may be operated:

(a) by ACMA; or

(b) by a delegate of ACMA; or

3.49 Eligibility

After ACMA approves all of the arrangements that create the electronic allocation procedure, a carriage service provider is eligible to be allocated a freephone number, local rate number or a premium rate number with withheld status only if:

(a) the provider is a registered carriage service provider; and

(b) the provider makes an application for allocation by the reservation of the number; and

Note ACMA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated with withheld status to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.

There will be no ‘special’ or ‘over‑the‑counter’ allocations.

3.50 Entitlement to allocation with withheld status

A registered carriage service provider may apply for the allocation of a freephone number, local rate number or a premium rate number with withheld status.

3.51 Application for allocation with withheld status

(1) A registered carriage service provider must apply for the allocation using the approved application form that is appropriate to the provider.

(2) The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

3.52 Decision on application

(1) The decision that will be made in response to the application will be made by:

(a) the automated processing of the application in accordance with the electronic allocation procedure; and

(b) an automated response to the application in accordance with the electronic allocation procedure.

(2) The application:

(a) is approved if it is approved in accordance with the electronic allocation procedure; and

(b) is refused if it is refused in accordance with the electronic allocation procedure.

(3) If the application is approved:

(a) a number will be allocated to the registered carriage service provider with withheld status by an automated response in accordance with the electronic allocation procedure; and

(b) the number is a reserved number.

3.53 Unit size

Freephone numbers, local rate numbers and premium rate numbers will be allocated with withheld status individually.

3.54 Extending reservation period

(1) Before the end of the reservation period for a reserved number, the registered carriage service provider that holds the reserved number may apply for the extension of the reservation period.

(2) The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

(3) The decision that will be made in response to the application will be made by:

(a) the automated processing of the application in accordance with the electronic allocation procedure; and

(b) an automated response to the application in accordance with the electronic allocation procedure.

(4) The application:

(a) is approved if it is approved in accordance with the electronic allocation procedure; and

(b) is refused if it is refused in accordance with the electronic allocation procedure.

(5) If the application is approved, the reservation period will be extended by an automated response in accordance with the electronic allocation procedure.

(6) To avoid doubt, if ACMA has specified a period of extension that is to apply to all applications, ACMA has no discretion to accept or offer a different period.

3.55 Action during reservation period

A registered carriage service provider to which a reserved number has been allocated with withheld status has 3 options in relation to the number during the reservation period for the reserved number:

(a) the provider may notify ACMA that the provider wishes to confirm the allocation; or

(b) the provider may surrender the reserved number to ACMA; or

(c) if the provider does not notify ACMA, and does not surrender the reserved number, the reserved number is taken to have been withdrawn at the end of the reservation period.

Note 1 The provider also has the options mentioned in sections 3.54 and 3.57.

Note 2 The surrender of numbers is dealt with in Division 8. The withdrawal of numbers is dealt with in Division 11.

3.56 Notification of confirmation of allocation

(1) If a registered carriage service provider wishes to confirm the allocation of a reserved number, the provider must notify ACMA in accordance with the electronic allocation procedure.

(2) The response to the notification will be made by:

(a) the automated processing of the notification in accordance with the electronic allocation procedure; and

(b) an automated response to the notification.

(3) The registered carriage service provider will be notified of the decision by an automated response in accordance with the electronic allocation procedure.

(4) If the notification is approved, the reserved number will be allocated to the registered carriage service provider by an automated response in accordance with the electronic allocation procedure.

(5) The confirmation of the allocation is subject to the following conditions:

(a) if the registered carriage service provider’s intention, at the time of confirmation, is to issue the reserved number to a customer, the provider must issue the reserved number within 14 months after the day of the confirmation;

(b) if the registered carriage service provider’s intention, at the time of confirmation, is not to issue the reserved number to a customer, the provider must place the reserved number in service within 5 days after the day of the confirmation.

Note The registered carriage service provider may intend to use a reserved number itself, rather than issuing it to a customer.

3.57 Notification of change of reservation

(1) If a registered carriage service provider wishes to change the basis on which a reserved number has been allocated, from allocation with withheld status to allocation with reserved status, the provider must notify ACMA in accordance with the electronic allocation procedure.

Note It is not possible to convert the basis on which a reserved number has been allocated, from allocation with reserved status to allocation with withheld status.

(2) The response to the notification will be made by:

(a) the automated processing of the notification in accordance with the electronic allocation procedure; and

(b) an automated response to the notification.

(3) The registered carriage service provider will be notified of the decision by an automated response in accordance with the electronic allocation procedure.

(4) If the notification is approved, the basis on which the reserved number was allocated will be changed by an automated response in accordance with the electronic allocation procedure.

Division 6 Allocation by reservation of number (reserved status)

3.58 Reserved status

(1) This Division empowers ACMA to allocate a freephone number, local rate number or a premium rate number by the reservation of the number, on application by a registered carriage service provider, for a period that will give the registered carriage service provider time to establish a service in connection with the allocated number for itself or a contracted customer.

(2) This process is allocation with reserved status.

3.59 Approval of forms and arrangements: allocation with reserved status

(1) ACMA must, in writing, approve:

(a) 1 or more application forms to be used for the purposes of making an application for the allocation of a freephone number, local rate number or a premium rate number with reserved status; and

(b) arrangements for making applications for the allocation of the number by electronic means; and

(2) The approved arrangements must include arrangements for ACMA:

(a) to specify the maximum number of numbers, or a proportion or quota of numbers, that may be allocated with reserved status to a class of registered carriage service providers; and

(b) to specify a maximum period for which a number may be allocated with reserved status (the reservation period); and

(c) to extend a reservation period on application, and to specify a period of extension that is to apply to all applications; and

(d) to treat an application as being an application for the allocation of the number with withheld status if the registered carriage service provider wishes to change the application in that way; and

(e) to give registered carriage service providers written information about the effect of the approved arrangements, including ACMA’s powers:

(i) to specify reservation periods; and

(ii) to withdraw a number that has been allocated by reservation at the end of a reservation period unless the provider confirms the allocation.

(3) The approved arrangements must include arrangements for the payment and collection of:

(a) the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997; and

(b) the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

(a) the end of the reservation period; or

(b) the surrender of the number by the carriage service provider before the end of the reservation period for the number; or

(5) The approved arrangements must include arrangements for ACMA to specify, in writing, the period mentioned in subsection (4).

(6) The approved arrangements must include arrangements for ACMA to refuse an application for the allocation of a particular number with reserved status, an application for the extension of a reservation period, or the notification of the confirmation of a reservation period, for any of the following reasons: