Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 349

             (1)  The ACMA must make a written determination requiring each carrier or carriage service provider who supplies a standard telephone service to:

                     (a)  provide pre‑selection in favour of a specified carriage service provider, in relation to calls made using a standard telephone service, in the manner specified in the determination; and

                     (b)  comply with such ancillary or incidental rules (if any) as are set out in the determination.

             (2)  The ACMA must make a written determination requiring each carrier or carriage service provider who supplies a specified declared carriage service to:

                     (a)  provide pre‑selection in favour of a specified carriage service provider, in relation to calls made using the carriage service, in the manner specified in the determination; and

                     (b)  comply with such ancillary or incidental rules (if any) as are set out in the determination.

Note:          Declared carriage service is defined by section 350A.

             (3)  In making a determination under subsection (1) or (2), the ACMA must have regard to:

                     (a)  the technical feasibility of complying with the requirement concerned; and

                     (b)  the costs and benefits of complying with the requirement concerned.

             (4)  Subsection (3) does not, by implication, limit the matters to which regard may be had.

             (5)  A reference in this section to a standard telephone service does not include a reference to a service that is supplied by means of a public mobile telecommunications service.

             (6)  Before making a determination under this section, the ACMA must consult the ACCC.

             (7)  In making a determination under this section, the ACMA may apply, adopt or incorporate (with or without modification) any matter contained in a code or standard proposed or approved by a body or association, either:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time.

This subsection does not, by implication, limit section 589.

             (8)  A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .