Document ID: chunk:federal_register_of_legislation:C2024C00742:section:349:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 349 (pt 1/4)
Character Range: 761858–764659

349  Requirement to provide pre‑selection
 (1) The ACMA may make a written determination requiring each carrier or carriage service provider who supplies an eligible standard telephone service to:
 (a) provide pre‑selection in favour of a specified carriage service provider, in relation to calls made using an eligible 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.
 (5A) A reference in this section to a standard telephone service does not include a reference to a service that:
 (a) is supplied using:
 (i) a designated radiocommunications facility owned or operated by a carrier or carriage service provider; and
 (ii) a line that runs directly between the facility and the premises occupied or used by an end‑user; and
 (b) if an instrument is in force under subsection (5B)—satisfies the conditions set out in the instrument.
 (5B) The Minister may, by legislative instrument, set out conditions for the purposes of paragraph (5A)(b).
 (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 legislative instrument.
 (9) The ACMA must take all reasonable steps to ensure that a determination is in force under subsection (1) at all times before the start of the designated day (within the meaning