{"id":"F2025L00408","name":"Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2025","slug":"f2025l00408","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":337252,"registerId":"commonwealth-F2025L00408-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"section","heading":"Preliminary","content":"#### Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2025.\n\n#### 2 Commencement\n\n  This determination commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n#### 3 Authority\n\n  This determination is made under subsection 110(3) of the Telecommunications Act 1997.\n\n#### 4 Repeal of the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015\n\n  The Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015 (Registration No. F2015L00292) is repealed.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Telecommunications Act 1997.\n\n> number portability means the right of a customer receiving a service in relation to a portable number to change the carriage service provider involved in providing the service, the carrier network involved in providing the service, or both, and retain the same telephone number.\n\n> Note: Rules for number portability are set out in the Telecommunications Numbering Plan 2025, which is available on the Federal Register of Legislation.\n\n> portability services are supporting services provided by or to carriers or carriage service providers in relation to the provision and operation of number portability. These services include:\n\n> port administration services;\n\n> ported number register database maintenance or provision; and\n\n> the provision of network information services, or intelligent network database services, for call routing.\n\n> Note: The following expressions used in this determination have the same meanings which they have in the Act (see in particular, sections 7, 87 and 109):\n\n> • carriage service provider;\n\n> • carrier;\n\n> • telecommunications activity.\n\n#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n\n    a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    a reference to any other kind of instrument is a reference to that other instrument as in force or existing from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 589 of the Act.\n\n#### 7 Application\n\n1.  The ACMA may determine that persons carrying on, or proposing to carry on, one or more specified kinds of telecommunications activity, constitute a section of the telecommunications industry for the purposes of Part 6 of the Act.\n\n(2) This determination applies to persons who are:\n\n1.  carrying on a telecommunications activity as defined in section 109 of the Act; and\n2.  providing portability services.\n\n#### 8 Section of the telecommunications industry\n\n  Persons to whom this determination applies constitute the section of the\n  telecommunications industry identified as “Portability Service Suppliers.”","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2025.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This determination commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This determination is made under subsection 110(3) of the Telecommunications Act 1997.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Telecommunications (Section of the Telecommunications Industry — Portability Service Suppliers) Determination 2015","content":"#### 4 Repeal of the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015\n\n  The Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015 (Registration No. F2015L00292) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Telecommunications Act 1997.\n\n> number portability means the right of a customer receiving a service in relation to a portable number to change the carriage service provider involved in providing the service, the carrier network involved in providing the service, or both, and retain the same telephone number.\n\n> Note: Rules for number portability are set out in the Telecommunications Numbering Plan 2025, which is available on the Federal Register of Legislation.\n\n> portability services are supporting services provided by or to carriers or carriage service providers in relation to the provision and operation of number portability. These services include:\n\n> port administration services;\n\n> ported number register database maintenance or provision; and\n\n> the provision of network information services, or intelligent network database services, for call routing.\n\n> Note: The following expressions used in this determination have the same meanings which they have in the Act (see in particular, sections 7, 87 and 109):\n\n> • carriage service provider;\n\n> • carrier;\n\n> • telecommunications activity.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n\n    a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    a reference to any other kind of instrument is a reference to that other instrument as in force or existing from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 589 of the Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application","content":"#### 7 Application\n\n1.  The ACMA may determine that persons carrying on, or proposing to carry on, one or more specified kinds of telecommunications activity, constitute a section of the telecommunications industry for the purposes of Part 6 of the Act.\n\n(2) This determination applies to persons who are:\n\n1.  carrying on a telecommunications activity as defined in section 109 of the Act; and\n2.  providing portability services.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Section of the telecommunications industry","content":"#### 8 Section of the telecommunications industry\n\n  Persons to whom this determination applies constitute the section of the\n  telecommunications industry identified as “Portability Service Suppliers.”","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015 and re‑establishes the industry section for persons carrying on a telecommunications activity (per s109) who provide portability services. The instrument itself replaces the earlier instrument but does not explicitly state whether the substantive range of covered activities is broader or narrower than the 2015 Determination; determining that requires comparing the two texts. The practical effect is that ACMA’s Part 6 powers will apply to the named class as defined here."},"complexity_factors":["Short, focused instrument with limited provisions (low textual complexity).","Relies on multiple external cross‑references: Telecommunications Act 1997 (s109, s110(3), Part 6) and the Telecommunications Numbering Plan 2025.","Defines a bounded set of ‘portability services’ but uses statutory terms (e.g. carriage service provider, carrier) whose meanings depend on the Act.","Repeals an earlier (2015) Determination, requiring comparison with the prior instrument to assess substantive change.","Grants/records ACMA’s power to determine industry sections (administrative discretion that affects regulatory reach).","Commencement tied to registration timing (administrative sequencing consideration).","Text as provided contains literal repetition of several clauses, which may create clerical or interpretive ambiguity."],"plain_english_summary":"This instrument names businesses that supply number‑portability support (for example, port administration, ported‑number registers and routing databases) as a defined section of the telecommunications industry called “Portability Service Suppliers”. It repeals the 2015 Determination and commences the day after registration. It applies to anyone carrying on a telecommunications activity under section 109 of the Act who provides portability services, thereby enabling ACMA to apply Part 6 powers to those providers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This appears to be a straightforward sunsetting/replacement of the 2015 determination with identical scope. The definition of 'portability services' and the class of persons covered remains consistent with the original 2015 instrument. No expansion of scope is evident."},"complexity_factors":["Very short instrument (only 8 sections, approximately 2 pages)","Only 3 defined terms in section 5, with most definitions borrowed from the parent Act","No conditional logic or nested exceptions","Simple structure: preliminary matters → definitions → application → conclusion","Minimal cross-referencing (only to parent Act and standard interpretation rules)","Straightforward repeal-and-replace operation with no substantive policy changes evident"],"plain_english_summary":"This instrument repeals the 2015 determination and replaces it with an updated definition of who counts as a \"Portability Service Supplier\" in Australia’s telecom sector.  \n\nIt captures companies that run number‑porting systems, routing databases and related administrative services so ACMA can regulate the firms that make number portability work — ensuring consumers can keep their phone numbers when switching providers."}},"importantCases":[],"_links":{"self":"/api/acts/f2025l00408","history":"/api/acts/f2025l00408/history","analysis":"/api/acts/f2025l00408/analysis","conflicts":"/api/acts/f2025l00408/conflicts","importantCases":"/api/acts/f2025l00408/important-cases","documents":"/api/acts/f2025l00408/documents"}}