Document ID: chunk:federal_register_of_legislation:F2017L00399:reg:5:p1
Version: federal_register_of_legislation:F2017L00399
Segment Type: reg
Provision Reference: reg 5 (pt 1/5)
Character Range: 17544–20790

5                              A rates statement issued in the previous 12 months, showing the same name and address given by the customer under section 4.3.

Part 2 Objects and application of Determination

2.1 Objects of Determination
The objects of the Determination are to:
         (a)       assist law enforcement agencies to identify customers in relation to prepaid mobile carriage services by ensuring that carriage service providers:
            (i)        obtain and record specified information about those persons; and
            (ii)      if necessary, verify the identity of those persons;
         (b)       protect the privacy of individuals by ensuring that carriage service providers obtain, record and keep only the minimum amount of information that is reasonably necessary to achieve the object described in paragraph (a); and
         (c)       provide carriage service providers with a range of methods which can be used to verify the identity of customers.
Note 1   Under subsection 313(3) of the Act, carriage service providers must provide agencies with such help as is reasonably necessary for the following purposes:
          * enforcing the criminal law and laws imposing pecuniary penalties;
          * assisting the enforcement of the criminal laws in force in a foreign country;
          * protecting the public revenue; and
          * safeguarding national security.

      Note 2   Under Part 14 of the Act, the ACMA and carriage service providers must do their best to prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or of the States or Territories.  The rules set out in this Determination are intended to minimise the risk of telecommunications networks and facilities being used in, or in relation to, the commission of offences.
2.2 Application of Determination

 (1) Subject to subsection (2), this Determination sets out the rules that apply to carriage service providers in relation to the supply of prepaid mobile carriage services.

 (2) However, the rules set out in this Determination do not apply to a carriage service provider in relation to a supply of a prepaid mobile carriage service to a person:
         (a)       if the carriage service provider previously supplied the prepaid mobile carriage service to the person; and
         (b)       if, in relation to the previous supply, the carriage service provider complied with the requirements set out in:
            (i)        this Determination;
            (ii)      the Telecommunications (Conditions for Allocation of Numbers) Determination 1997;
            (iii)   the Telecommunications (Service Provider – Identity Checks for Pre-paid Carriage Services) Determination 1997;
            (iv)    the Telecommunications (Service Provider — Identity Checks for Pre‑paid Public Mobile Telecommunications Services) Determination 2000; or
            (v)      the Telecommunications (Service Provider — Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2013; and
         (c)       the prepaid mobile carriage service has not been deactivated.
Note  An example includes a supply of a prepaid