Document ID: chunk:federal_register_of_legislation:F2019L01655:clause:1_9:p1
Version: federal_register_of_legislation:F2019L01655
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/2)
Character Range: 16937–19616

9  Mobile network operators who supply carriage services to another CSP to send information about supply of an IMR service
 (1) This section applies to a mobile network operator who supplies a carriage service to another CSP (the second provider) and the service is used to supply an IMR service to:
 (a) a customer of the second provider; or
 (b) another CSP that supplies an IMR service, to a customer,
       and the customer has activated an IMR service on an IMR-enabled device in an overseas location.
Note: In most cases the second provider will be a mobile virtual network operator.
 (2) The mobile network operator must:
 (a) send the customer, within 10 minutes of the customer activating the IMR service, an SMS message in the following terms:
                "Warning – you have activated your mobile device overseas.  Higher charges may apply.  There may be delays in receiving usage data and alerts.  Information about charges that apply overseas will be provided to you by your telecommunications provider.";
 (b) send the second provider notice, within one hour of the customer activating an IMR service, that an IMR service is being supplied to the customer; and
 (c) send the second provider, within one hour of the customer activating an IMR service, the following information:
 (i) the mobile number of the customer; and
 (ii) the overseas location in which the customer has activated the IMR service.
 (3) If a CSP receives information which has been given to it or to another CSP under paragraph (2)(b) or (2)(c), and the information relates to a customer who is not the customer of the CSP, the CSP must take all reasonable steps to ensure the information is supplied to the customer's CSP as soon as is reasonably practicable.
Note: In some cases, the person who has activated the IMR service will not be a customer of the second provider. In such a case the second provider (and any further providers in the chain of supply) will have obligations under subsection (3) to pass the information received under paragraph (2)(b) and (2)(c) along the chain of supply.
 (4) The message in paragraph (2)(a) must be sent each time the customer activates an IMR service in an overseas location, unless a message of that kind was sent to the customer in that location within the preceding 14 days.
 (5) The notification in paragraph (2)(b), and the information referred to in paragraph (2)(c) must be sent each time the customer activates an IMR service in an overseas location unless a notification and the information have been sent to the second provider within the preceding 14 days.
 (6) A CSP must not charge a fee for sending the message in paragraph (2)(a).