Commonwealth Consolidated Regulations

TELECOMMUNICATIONS REGULATIONS 2001 - REG 3.12

         (1)   The ACA may make a determination setting out rules that apply to service providers in relation to the supply of any of the following services (a premium service ):

                (a)    a carriage service or content service using a number with a prefix starting with '190';

               (b)    a carriage service used to supply:

                          (i)    a content service; or

                         (ii)    another service by way of a voice call (including a call that involves a recorded or synthetic voice);

                        using a number that includes an international access code;

                (c)    another carriage service or content service determined in writing by the Minister for this paragraph.

         (2)   A determination mentioned in paragraph (1) (c) is a disallowable instrument for section 46A of the Acts Interpretation Act 1901 .

         (3)   The ACA's determination may deal with any of the following matters:

                (a)    the terms and conditions on which premium services are offered or supplied;

               (b)    the liability of a customer in respect of the supply of premium services;

                (c)    the limitation of the liability of a customer in respect of the supply of premium services;

               (d)    the obligation of a service provider to notify customers about matters relating to premium services;

                (e)    the advertising of premium services;

                (f)    restrictions on access to premium services, or on access to a particular number used in the supply of premium services supplied using the carriage service provider's service;

               (g)    the barring of calls to premium services, or of calls to a particular number used in the supply of premium services supplied using the carriage service provider's service;

               (h)    the establishment of a registration scheme for service providers that are involved in the supply of premium services;

                (i)    the obligations of a carriage service provider in respect of premium services supplied using the carriage service provider's service;

                (j)    the prohibition or restriction of the imposition or collection of charges relating to the supply of carriage services or other services used in the supply of premium services;

               (k)    the issue of bills or accounts relating to the supply of carriage services or other services used in the supply of premium services;

                (l)    a matter relating to the supply of premium services used to access an Internet service;

              (m)    any other matter that the ACA considers necessary or convenient to:

                          (i)    protect the interests of customers and other consumers in relation to the supply of premium services; or

                         (ii)    give effect to a matter specified in paragraphs (a) to (l).

         (4)   The ACA's determination may provide that a requirement in the determination does not apply to a carriage service provider if the carriage service provider establishes:

                (a)    that it did not know that it was contravening the requirement; and

               (b)    that it could not, with reasonable diligence, have ascertained that it was contravening the requirement.