Telecommunications Service Provider (Mobile Premium Services) Revocation Determination 2009

1 Name of Determination

This Determination is the Telecommunications Service Provider (Mobile Premium Services) Revocation Determination 2009.

2 Commencement

This Determination commences on the day on which the provisions of the Industry Code Mobile Premium Services C637:2009, made by Communications Alliance Ltd, take effect.

Note The Industry Code is intended to be registered with ACMA under section 117 of the Telecommunications Act 1997. The provisions of the Industry Code will take effect as set out in the Code.

3 Definitions

In this Determination:

Act means the Telecommunications Act 1997.

commencement day means the day on which this Determination commences.

revoked Determination means the Telecommunications Service Provider (Mobile Premium Services) Determination 2005.

Note 1 The revoked Determination is the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1), as amended and renamed by:

(a) the Telecommunications Service Provider (Mobile Premium Services) Amendment Determination 2006 (No. 1); and

(b) the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) Amendment Determination 2007 (No. 1).

Note 2 The Act defines ACMA as the Australian Communications and Media Authority.

4 Revocations

The following Determinations are revoked:

(a) the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1);

(b) the Telecommunications Service Provider (Mobile Premium Services) Amendment Determination 2006 (No. 1);

(c) the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) Amendment Determination 2007 (No. 1).

5 Transitional

(1) Despite the revocations made by section 4, the revoked Determination is taken to continue to have effect as set out in this section, as if it had not been revoked.

(2) The revoked Determination is taken to continue to apply in relation to a complaint if the complaint:

(a) was made before the commencement day; and

(b) was made in accordance with the complaints handling procedures of:

(i) an approved self-regulatory scheme mentioned in Division 2 of Part 5 of the revoked Determination; or

(ii) the default scheme mentioned in Division 3 of Part 5 of the revoked Determination; and

(3) The revoked Determination is taken to continue to apply in relation to a complaint if:

(a) a person wishes to make a complaint on or after the commencement day about conduct that occurred before the commencement day; and

(b) the person wishes to make the complaint in accordance with the complaints handling procedures of:

(i) an approved self-regulatory scheme mentioned in Division 2 of Part 5 of the revoked Determination; or

(ii) the default scheme mentioned in Division 3 of Part 5 of the revoked Determination.

(4) The revoked Determination is taken to continue to apply to the extent necessary:

(a) to allow the Telecommunications Industry Ombudsman to refer the complaint to ACMA in accordance with the scheme to which the complaint relates; and

(b) to allow the Telecommunications Industry Ombudsman and ACMA to deal with the referred complaint.

(5) The revoked Determination is taken to continue to apply to the extent necessary to deal with any matter incidental to making, considering or otherwise dealing with the complaint.