{"id":"F2017L00937","name":"Telecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2017","slug":"f2017l00937","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439274,"registerId":"F2017L00937-fast-fetch-1775955365933","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nTelecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2017\n\n \n\n \n\n \n\nI, MITCH FIFIELD, Minister for Communications, make the following instrument.\n\nDated 18 July 2017    \n\nMITCH FIFIELD\n\nMinister for Communications\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Criteria for deciding applications for public number directory authorisations\n\n7  Criteria for deciding applications from researchers\n\nSchedule 1—Repeals\n\nTelecommunications (Integrated Public Number Database Scheme – Criteria For Deciding Authorisation Applications) Instrument 2007 (No. 1)\n\n \n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2017.\n\n2  Commencement\n\n  This instrument commences on the day after this instrument is registered.\n\n3  Authority\n\n  This instrument is made under section 295N of the Telecommunications Act 1997.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Telecommunications Act 1997.\n\ncandidate has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017.\n\nCommonwealth entity has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013.\n\ncontractor means a person who performs services for and on behalf of the holder of a public number directory authorisation or a research authorisation but does not include a person who performs such services in the capacity of an employee of the holder.\n\ncustomer means a person who is supplied with a carriage service by a carriage service provider.\n\ncustomer data has the same meaning as in the Telecommunications Integrated Public Number Database Scheme 2017. \n\nelectoral matter has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017.\n\nintegrated public number database scheme means the scheme in force under section 295A of the Act.\n\nlocal government authority has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017.\n\nParliament has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017.\n\npolitical representative has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017.\n\nprotected information means information or a document disclosed under subsection 285(1A) of the Act for a purpose covered by: \n\n (a) subparagraph 285(1A)(c)(ii) of the Act; or\n\n (b) subparagraph 285(1A)(c)(iv) of the Act.\n\npublic mobile telecommunications service has the meaning given by section 32 of the Act.\n\npublic number has the meaning given by subsection 285(2) of the Act.\n\npublic number directory has the meaning given by subsection 285(2) of the Act.\n\npublic number directory authorisation means an authorisation under the integrated public number database scheme that permits the person to whom it is granted to use and disclose protected information for a purpose covered by subparagraph 285(1A)(c)(ii) of the Act.\n\nregistered political party has the same meaning as in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017.\n\nresearch authorisation means an authorisation under the integrated public number database scheme that permits the person to whom it is granted to use and disclose protected information for a purpose covered by subparagraph 285(1A)(c)(iv) of the Act.\n\nNote: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n(a) ACMA;\n\n(b) carriage service;\n\n(c) carriage service provider.\n\n5  Schedules\n\n  Each instrument that is specified in Schedule 1 to this instrument is repealed as set out in the Schedule.\n\n6  Criteria for deciding applications for public number directory authorisations\n\n (1) The following criteria apply for deciding an application for a public number directory authorisation, the ACMA must:\n\n (a) be reasonably satisfied that the proposed directory product specified in the application will satisfy the requirements of the definition of public number directory in subsection 285(2) of the Act; and\n\n (b) be reasonably satisfied that the applicant will use protected information for a purpose covered by subparagraph 285(1A)(c)(ii) of the Act; and\n\n (c) be reasonably satisfied that the applicant will otherwise comply with the requirements of the Act, and the integrated public number database scheme; and\n\n (d) consider what processes the applicant has in place, or intends to put in place, to protect the privacy and security of protected information.\n\n (2) For the purposes of paragraphs (1)(b) and (c), the ACMA must consider:\n\n (a) the extent to which the applicant has complied with the requirements of the Act in relation to its previous use of customer data; and\n\n (b) if paragraph (a) does not apply—whether the applicant has appropriate processes in place that will enable the applicant, and any contractor, to comply with the requirements of the Act, relevant legislative instruments, and the integrated public number database scheme in relation to its future use of customer data.\n\n7  Criteria for deciding applications from researchers\n\n (1) The following criteria apply for deciding an application for a research authorisation, the ACMA must:\n\n (a) be reasonably satisfied that the proposed research is research of a kind specified in the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2017; and\n\n (b) be reasonably satisfied that the proposed research will not be conducted for a primarily commercial purpose; and\n\n (c) be reasonably satisfied that the applicant will use protected information for a purpose covered by subparagraph 285(1A)(c)(iv) of the Act; and\n\n (d) be reasonably satisfied that the applicant will otherwise comply with the requirements of the Act, and the integrated public number database scheme; and\n\n (e) consider what processes the applicant has in place, or intends to put in place, to protect the privacy and security of protected information.\n\n (2) For the purposes of paragraphs (1)(c) and (d), the ACMA must consider:\n\n (a) the extent to which the applicant has complied with the requirements of the Act in relation its previous use of customer data; and\n\n (b) if paragraph (a) does not apply—whether the applicant has appropriate processes in place that will enable the applicant, and any contractor, to comply with the requirements of the Act, relevant legislative instruments, and the integrated public number database scheme in relation to its future use of customer data.\n\n (3) In deciding an application for a research authorisation in relation to research on an electoral matter, the ACMA must be reasonably satisfied that the research will be conducted by the applicant, being a registered political party, a political representative, a candidate in an election for a Parliament or local government authority or a person acting on behalf of such a party, representative or candidate.\n\n (4) In deciding an application for a research authorisation in relation to research which will contribute to the development of public policy, the ACMA must be reasonably satisfied that:\n\n (a) the research will be conducted by or on behalf of the Commonwealth or a Commonwealth entity; and\n\n (b) the applicant has demonstrated that the research will contribute to the development of public policy.\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nSchedule 1—Repeals\n\nTelecommunications (Integrated Public Number Database Scheme – Criteria For Deciding Authorisation Applications) Instrument 2007 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2007 instrument of the same name, updating references and minor drafting but maintaining the same core purpose: setting ACMA's decision criteria for IPND access. The scope remains tightly focused on authorisation criteria without significant expansion."},"complexity_factors":["Short instrument with only 7 substantive sections plus a repeal schedule","14 defined terms, but most simply cross-reference definitions in other instruments or the parent Act","Straightforward conditional structure with clear criteria in sections 6 and 7","No nested exceptions or complex logical operators","Heavy reliance on external definitions (Telecommunications Act 1997 and two other 2017 instruments) creates some navigational complexity","Simple binary decision framework: ACMA 'must be reasonably satisfied' of specific criteria"],"plain_english_summary":"This law tells the ACMA how to decide who can access protected phone numbers in the Integrated Public Number Database by creating two permit types: one for directory publishers and one for approved research. It applies to directory companies, eligible researchers (including certain political actors and Commonwealth agencies) and the regulator.\n\nIt balances privacy protection with legitimate uses, ensuring only trusted organisations with safeguards can get sensitive contact data."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2007 criteria instrument (Schedule 1) and replaces it with criteria tied to the 2017 Integrated Public Number Database Scheme and the 2017 Permitted Research Purposes instrument. It narrows decision focus to ACMA being reasonably satisfied about purpose, compliance and privacy/security measures, requires demonstration of past compliance or concrete processes for future compliance, and imposes non‑commercial and actor‑based eligibility limits for electoral and public‑policy research (ss 6–7)."},"complexity_factors":["Multiple cross‑references to the Telecommunications Act 1997 and separate 2017 instruments (definitions and permitted research purposes) increase interpretive work (see ss 3–4, notes).","Decision standard is one of judicially familiar discretion — the ACMA must be “reasonably satisfied” — which leaves substantive scope to administrative judgment (ss 6(1), 7(1)).","Separate but similar criteria for public number directory versus research authorisations, with additional eligibility tests for electoral and public‑policy research, add conditional branches (ss 6, 7(3)–(4)).","Reliance on applicants’ historical compliance or proposed processes requires factual enquiries and documentation; contractor obligations extend compliance duties beyond the applicant (ss 6(2), 7(2)).","Key terms (protected information, public number, customer data, primarily commercial purpose) are defined outside this instrument, so application requires cross‑checking other instruments and the Act (s 4 and notes).","Repeal of the 2007 instrument (Schedule 1) means practitioners must track changes from earlier criteria and any transitional implications."],"plain_english_summary":"This instrument tells the ACMA how to decide applications under the Integrated Public Number Database Scheme for two kinds of authorisations: public number directory authorisations and research authorisations. It requires ACMA to be “reasonably satisfied” about intended use of protected information, legal compliance, and privacy/security arrangements (ss 6–7).\n\nApplicants (and their contractors) must show prior compliance or put processes in place to protect customer data; research must not be primarily commercial and electoral/public‑policy research must be conducted by specified actors. Applicants bear the compliance burden; ACMA decides (ss 6(2), 7(2)–(4))."}},"importantCases":[],"_links":{"self":"/api/acts/f2017l00937","history":"/api/acts/f2017l00937/history","analysis":"/api/acts/f2017l00937/analysis","conflicts":"/api/acts/f2017l00937/conflicts","importantCases":"/api/acts/f2017l00937/important-cases","documents":"/api/acts/f2017l00937/documents"}}