Document ID: chunk:federal_register_of_legislation:F2023C00366:reg:28
Version: federal_register_of_legislation:F2023C00366
Segment Type: reg
Provision Reference: reg 28
Character Range: 36123–37817

28  Restriction on providing age‑restricted services on other numbers
 (1) A mobile carriage service provider must not supply an age‑restricted service by way of a premium SMS or MMS service otherwise than on a number beginning with "195" or "196".
 (2) A mobile carriage service provider is taken not to have contravened subsection (1) if, at the time the age‑restricted service was supplied, the carriage service provider:
 (a) did not know; and
 (b) could not, with reasonable diligence, have found out;
that it was supplying an age‑restricted service by way of a premium SMS or MMS service otherwise than on a number beginning with "195" or "196".
 (3) For subsection (2), in determining whether a mobile carriage service provider could, with reasonable diligence, have found out that it was supplying an age‑restricted service by way of a premium SMS or MMS service otherwise than on a number beginning with "195" or "196", regard must be had to the following matters (and may be had to any other relevant matter):
 (a) whether the content service provider that supplied the age‑restricted service by way of the premium SMS or MMS service is under any contractual obligation to notify the mobile carriage service provider of the nature of the content supplied;
 (b) whether the mobile carriage service provider does any of the following:
 (i) monitoring, or arranging for the monitoring of, advertisements for premium SMS or MMS services broadcasted on television or radio or appearing in newspapers or magazines where such advertisements are likely to be found;
 (ii) checking, or arranging for the checking of, those advertisements against the content of the services being advertised.