Document ID: chunk:federal_register_of_legislation:F2017L00399:reg:5:p2
Version: federal_register_of_legislation:F2017L00399
Segment Type: reg
Provision Reference: reg 5 (pt 2/5)
Character Range: 20469–23480

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 mobile carriage service by a carriage service provider to a person requiring the recharging of a service that has not since been deactivated, where:
          * the carriage service provider previously supplied the service to the person; and
          * the carriage service provider complied with the applicable requirements regarding information collection and identity verification in relation to that previous supply.
2.3 Requirements that must be satisfied before service is activated

 (1) Subject to subsection (2), a carriage service provider who supplies a prepaid mobile carriage service to a person must not activate the service unless the carriage service provider has complied with:
         (a)       the rules set out in Part 4, which require the carriage service provider to obtain certain identifying information from, and verify the identity of, the customer of the service; or
         (b)       an approved compliance plan.

 (2) The rule in subsection (1) does not apply to the extent that:
         (a)       an exemption provided by Part 3 in relation to the supply of the prepaid mobile carriage service applies; or
         (b)       subsection 4.2(2) applies in relation to the prepaid mobile carriage service.
2.4 Obligations when using an authorised party
 (1) A carriage service provider must comply with this section if it uses an authorised party to:
         (a)       sell a prepaid mobile carriage service for, or on behalf of, the carriage service provider; or
         (b)       invite a person to use a prepaid mobile carriage service at no charge to that person for, or on behalf of, the carriage service provider.

 (2) The carriage service provider must ensure that the authorised party acts in a manner that enables the carriage service provider to comply with its obligations under this Determination.

  Note   For example, if a carriage service provider authorises a retailer to sell prepaid mobile carriage services and the carriage service provider wishes to comply with Part 4 in relation to the supply, the carriage service provider must ensure that the retailer obtains the necessary information from, and verifies the identity of, the customer to enable the carriage service provider to comply with its obligations under Part 4.

 (3) In addition to subsection (2), the carriage service provider must not engage in conduct where:
         (a)       the authorised party:
            (i)        sells the service to another person (a third party) for, or on behalf of, the carriage service provider; or
            (ii)      invites a third party to use the service at no charge to the third party for, or on behalf of, the carriage service