{"id":"F2019L01332","name":"Telecommunications (Industry Standard for Mobile Number Pre-Porting Additional Identity Verification) Direction 2019","slug":"telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100184,"registerId":"commonwealth-F2019L01332-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Industry Standard for Mobile Number Pre-Porting Additional Identity Verification) Direction 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day it is registered.\n\n#### 3 Authority\n\n  This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) carriage service provider;\n    (b) carrier;\n    (c) person; and\n    (d) public mobile telecommunications service.\n\n  In this instrument:\n\n> ACMA means the Australian Communications and Media Authority.\n\n> Act means the Telecommunications Act 1997.\n\n> customer means a person with a contractual relationship with a carriage service provider and to whom the carriage service provider has issued a mobile service number.\n\n> digital mobile number has the same meaning as in section 15 of the Telecommunications Numbering Plan 2015.\n\n> Gaining CSP means a mobile carriage service provider to which a mobile service number is to be Ported.\n\n> mobile carriage service provider means a carriage service provider that supplies or arranges for the supply of a public mobile telecommunications service, and includes their authorised agents.\n\n> mobile service number means a digital mobile number issued by a mobile carriage service provider to a customer in connection with the supply of a public mobile telecommunications service (other than a satellite telephone service).\n\n> Port means the movement of mobile service numbers between mobile carriage service providers, or mobile carriage networks, using industry mobile number portability processes. The terms ‘Porting’ and ‘Ported’ have their corresponding meaning.\n\n> satellite telephone service means a carriage service with which end‑users make calls via a satellite‑based facility.\n\n> SMS message means a message or series of messages sent using a short message service.\n\n## Part 2—Direction to the ACMA\n\n### Division 1—Direction\n\n#### 5 Direction on industry standard\n\n    (1) I direct the ACMA to determine an industry standard under subsection 125AA(1) of the Act that complies with Division 2 of this Part.\n\n> Note: The ACMA may comply with this subsection by determining one or more industry standards: see paragraph 23(b) of the Acts Interpretation Act 1901.\n\n  (2) An industry standard referred to in subsection 5(1) is to:\n    (a) be determined by 28 February 2020; and\n    (b) commence in whole by 30 April 2020.\n  (3) In determining an industry standard for the purposes of subsection 5(1), I direct the ACMA to consider conferring functions and powers on the Telecommunications Industry Ombudsman in respect of customer complaints about unauthorised Porting of mobile service numbers.\n\n> Note: If the Telecommunications Industry Ombudsman consents, an industry standard may confer functions and powers on the Telecommunications Industry Ombudsman: see section 114 of the Act.\n\n### Division 2—Industry standard relating to the mobile service number pre-Porting additional identity verification and consumer awareness and safeguard information by mobile carriage service providers\n\n#### 6 Pre\\-Porting identity verification\n\n  (1) The industry standard must:\n    (a) apply to mobile carriage service providers who supply public mobile telecommunications services;\n    (b) state that its objectives are, without limitation, to:\n    (i) prevent the unauthorised Porting of mobile service numbers;\n    (ii) reduce harm to customers arising from the unauthorised Porting of mobile service numbers;\n    (c) require Gaining CSPs, prior to accepting the Port of a particular mobile service number, to use one of the applicable identity verification processes specified in the industry standard; and\n    (d) require mobile carriage service providers to not proceed with a mobile service number Port unless one of the applicable identity verification processes specified in the industry standard has been used by the Gaining CSP.\n\n  (2) For the purposes of paragraph 6(1)(c), in specifying identity verification processes in the industry standard, ACMA must:\n    (a) specify those which the ACMA considers to be necessary to achieve the objectives set out in paragraph 6(1)(b) and which:\n    (i) are practicable;\n    (ii) are robust;\n    (iii) are technically feasible; and\n    (iv) do not impose undue financial and administrative burdens;\n    (b) have regard to the existing identity verification processes that mobile carriage service providers may have already implemented or are in the process of implementing.\n  (3) Without limiting subsection 6(2), in specifying identity verification processes in the industry standard, the ACMA should identify clearly those processes which apply to all customer types and those which apply only to specific customer types (eg residential, small to medium business, corporate), and the ACMA may consider specifying any or all of the following identity verification processes in the industry standard:\n  (a) the generation and sending by the mobile carriage service provider of a unique verification code:\n  (i) by SMS message to the mobile service number that is to be Ported via a method that ensures it is transmitted to the mobile service number that is the subject of the Port request;\n  (ii) by a message to the email address of the customer;\n    (b) in a retail environment, following identification of the customer in person at a retail store, personnel representing the Gaining CSP calling, whilst in store, the mobile service number of the customer and verifying that the call has been received by the customer’s mobile device used in association with that mobile service number;\n    (c) in a call centre environment following identification of the person initiating a Port request by voice call:\n    (i) as the customer— personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the customer; and\n    (ii) as the authorised representative of the customer—personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the authorised representative of the customer; and\n    (d) the use of one or multiple forms of biometric data to verify that the person requesting the Port is the customer or an authorised representative of the customer.\n\n#### 7 Provision of consumer awareness and safeguard information by mobile carriage service providers\n\n  (1) The industry standard may:\n    (a) specify minimum requirements for information and advice that mobile carriage service providers are to provide or make available to customers (or prospective customers) to:\n    (i) assist them to understand that identification verification processes will apply prior to accepting Ports of mobile service numbers; and\n    (ii) encourage them to report any suspected fraudulent or unlawful activity or conduct associated with, or otherwise involving, the unauthorised Porting of a mobile service number to the Australian Federal Police and applicable State/Territory Police, and relevant government consumer support services; and\n    (b) specify requirements in relation to the manner in which the information or advice mentioned in subparagraphs 7(1)(a)(i) and (ii) is to be provided or made available.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Telecommunications (Industry Standard for Mobile Number Pre-Porting Additional Identity Verification) Direction 2019.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day it is registered.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) carriage service provider;\n    (b) carrier;\n    (c) person; and\n    (d) public mobile telecommunications service.\n\n  In this instrument:\n\n> ACMA means the Australian Communications and Media Authority.\n\n> Act means the Telecommunications Act 1997.\n\n> customer means a person with a contractual relationship with a carriage service provider and to whom the carriage service provider has issued a mobile service number.\n\n> digital mobile number has the same meaning as in section 15 of the Telecommunications Numbering Plan 2015.\n\n> Gaining CSP means a mobile carriage service provider to which a mobile service number is to be Ported.\n\n> mobile carriage service provider means a carriage service provider that supplies or arranges for the supply of a public mobile telecommunications service, and includes their authorised agents.\n\n> mobile service number means a digital mobile number issued by a mobile carriage service provider to a customer in connection with the supply of a public mobile telecommunications service (other than a satellite telephone service).\n\n> Port means the movement of mobile service numbers between mobile carriage service providers, or mobile carriage networks, using industry mobile number portability processes. The terms ‘Porting’ and ‘Ported’ have their corresponding meaning.\n\n> satellite telephone service means a carriage service with which end‑users make calls via a satellite‑based facility.\n\n> SMS message means a message or series of messages sent using a short message service.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Direction to the ACMA","content":"## Part 1—Introduction\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Industry Standard for Mobile Number Pre-Porting Additional Identity Verification) Direction 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day it is registered.\n\n#### 3 Authority\n\n  This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) carriage service provider;\n    (b) carrier;\n    (c) person; and\n    (d) public mobile telecommunications service.\n\n  In this instrument:\n\n> ACMA means the Australian Communications and Media Authority.\n\n> Act means the Telecommunications Act 1997.\n\n> customer means a person with a contractual relationship with a carriage service provider and to whom the carriage service provider has issued a mobile service number.\n\n> digital mobile number has the same meaning as in section 15 of the Telecommunications Numbering Plan 2015.\n\n> Gaining CSP means a mobile carriage service provider to which a mobile service number is to be Ported.\n\n> mobile carriage service provider means a carriage service provider that supplies or arranges for the supply of a public mobile telecommunications service, and includes their authorised agents.\n\n> mobile service number means a digital mobile number issued by a mobile carriage service provider to a customer in connection with the supply of a public mobile telecommunications service (other than a satellite telephone service).\n\n> Port means the movement of mobile service numbers between mobile carriage service providers, or mobile carriage networks, using industry mobile number portability processes. The terms ‘Porting’ and ‘Ported’ have their corresponding meaning.\n\n> satellite telephone service means a carriage service with which end‑users make calls via a satellite‑based facility.\n\n> SMS message means a message or series of messages sent using a short message service.\n\n## Part 2—Direction to the ACMA\n\n### Division 1—Direction\n\n#### 5 Direction on industry standard\n\n    (1) I direct the ACMA to determine an industry standard under subsection 125AA(1) of the Act that complies with Division 2 of this Part.\n\n> Note: The ACMA may comply with this subsection by determining one or more industry standards: see paragraph 23(b) of the Acts Interpretation Act 1901.\n\n  (2) An industry standard referred to in subsection 5(1) is to:\n    (a) be determined by 28 February 2020; and\n    (b) commence in whole by 30 April 2020.\n  (3) In determining an industry standard for the purposes of subsection 5(1), I direct the ACMA to consider conferring functions and powers on the Telecommunications Industry Ombudsman in respect of customer complaints about unauthorised Porting of mobile service numbers.\n\n> Note: If the Telecommunications Industry Ombudsman consents, an industry standard may confer functions and powers on the Telecommunications Industry Ombudsman: see section 114 of the Act.\n\n### Division 2—Industry standard relating to the mobile service number pre-Porting additional identity verification and consumer awareness and safeguard information by mobile carriage service providers\n\n#### 6 Pre\\-Porting identity verification\n\n  (1) The industry standard must:\n    (a) apply to mobile carriage service providers who supply public mobile telecommunications services;\n    (b) state that its objectives are, without limitation, to:\n    (i) prevent the unauthorised Porting of mobile service numbers;\n    (ii) reduce harm to customers arising from the unauthorised Porting of mobile service numbers;\n    (c) require Gaining CSPs, prior to accepting the Port of a particular mobile service number, to use one of the applicable identity verification processes specified in the industry standard; and\n    (d) require mobile carriage service providers to not proceed with a mobile service number Port unless one of the applicable identity verification processes specified in the industry standard has been used by the Gaining CSP.\n\n  (2) For the purposes of paragraph 6(1)(c), in specifying identity verification processes in the industry standard, ACMA must:\n    (a) specify those which the ACMA considers to be necessary to achieve the objectives set out in paragraph 6(1)(b) and which:\n    (i) are practicable;\n    (ii) are robust;\n    (iii) are technically feasible; and\n    (iv) do not impose undue financial and administrative burdens;\n    (b) have regard to the existing identity verification processes that mobile carriage service providers may have already implemented or are in the process of implementing.\n  (3) Without limiting subsection 6(2), in specifying identity verification processes in the industry standard, the ACMA should identify clearly those processes which apply to all customer types and those which apply only to specific customer types (eg residential, small to medium business, corporate), and the ACMA may consider specifying any or all of the following identity verification processes in the industry standard:\n  (a) the generation and sending by the mobile carriage service provider of a unique verification code:\n  (i) by SMS message to the mobile service number that is to be Ported via a method that ensures it is transmitted to the mobile service number that is the subject of the Port request;\n  (ii) by a message to the email address of the customer;\n    (b) in a retail environment, following identification of the customer in person at a retail store, personnel representing the Gaining CSP calling, whilst in store, the mobile service number of the customer and verifying that the call has been received by the customer’s mobile device used in association with that mobile service number;\n    (c) in a call centre environment following identification of the person initiating a Port request by voice call:\n    (i) as the customer— personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the customer; and\n    (ii) as the authorised representative of the customer—personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the authorised representative of the customer; and\n    (d) the use of one or multiple forms of biometric data to verify that the person requesting the Port is the customer or an authorised representative of the customer.\n\n#### 7 Provision of consumer awareness and safeguard information by mobile carriage service providers\n\n  (1) The industry standard may:\n    (a) specify minimum requirements for information and advice that mobile carriage service providers are to provide or make available to customers (or prospective customers) to:\n    (i) assist them to understand that identification verification processes will apply prior to accepting Ports of mobile service numbers; and\n    (ii) encourage them to report any suspected fraudulent or unlawful activity or conduct associated with, or otherwise involving, the unauthorised Porting of a mobile service number to the Australian Federal Police and applicable State/Territory Police, and relevant government consumer support services; and\n    (b) specify requirements in relation to the manner in which the information or advice mentioned in subparagraphs 7(1)(a)(i) and (ii) is to be provided or made available.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Direction","content":"## Part 1—Introduction\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Industry Standard for Mobile Number Pre-Porting Additional Identity Verification) Direction 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day it is registered.\n\n#### 3 Authority\n\n  This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) carriage service provider;\n    (b) carrier;\n    (c) person; and\n    (d) public mobile telecommunications service.\n\n  In this instrument:\n\n> ACMA means the Australian Communications and Media Authority.\n\n> Act means the Telecommunications Act 1997.\n\n> customer means a person with a contractual relationship with a carriage service provider and to whom the carriage service provider has issued a mobile service number.\n\n> digital mobile number has the same meaning as in section 15 of the Telecommunications Numbering Plan 2015.\n\n> Gaining CSP means a mobile carriage service provider to which a mobile service number is to be Ported.\n\n> mobile carriage service provider means a carriage service provider that supplies or arranges for the supply of a public mobile telecommunications service, and includes their authorised agents.\n\n> mobile service number means a digital mobile number issued by a mobile carriage service provider to a customer in connection with the supply of a public mobile telecommunications service (other than a satellite telephone service).\n\n> Port means the movement of mobile service numbers between mobile carriage service providers, or mobile carriage networks, using industry mobile number portability processes. The terms ‘Porting’ and ‘Ported’ have their corresponding meaning.\n\n> satellite telephone service means a carriage service with which end‑users make calls via a satellite‑based facility.\n\n> SMS message means a message or series of messages sent using a short message service.\n\n## Part 2—Direction to the ACMA\n\n### Division 1—Direction\n\n#### 5 Direction on industry standard\n\n    (1) I direct the ACMA to determine an industry standard under subsection 125AA(1) of the Act that complies with Division 2 of this Part.\n\n> Note: The ACMA may comply with this subsection by determining one or more industry standards: see paragraph 23(b) of the Acts Interpretation Act 1901.\n\n  (2) An industry standard referred to in subsection 5(1) is to:\n    (a) be determined by 28 February 2020; and\n    (b) commence in whole by 30 April 2020.\n  (3) In determining an industry standard for the purposes of subsection 5(1), I direct the ACMA to consider conferring functions and powers on the Telecommunications Industry Ombudsman in respect of customer complaints about unauthorised Porting of mobile service numbers.\n\n> Note: If the Telecommunications Industry Ombudsman consents, an industry standard may confer functions and powers on the Telecommunications Industry Ombudsman: see section 114 of the Act.\n\n### Division 2—Industry standard relating to the mobile service number pre-Porting additional identity verification and consumer awareness and safeguard information by mobile carriage service providers\n\n#### 6 Pre\\-Porting identity verification\n\n  (1) The industry standard must:\n    (a) apply to mobile carriage service providers who supply public mobile telecommunications services;\n    (b) state that its objectives are, without limitation, to:\n    (i) prevent the unauthorised Porting of mobile service numbers;\n    (ii) reduce harm to customers arising from the unauthorised Porting of mobile service numbers;\n    (c) require Gaining CSPs, prior to accepting the Port of a particular mobile service number, to use one of the applicable identity verification processes specified in the industry standard; and\n    (d) require mobile carriage service providers to not proceed with a mobile service number Port unless one of the applicable identity verification processes specified in the industry standard has been used by the Gaining CSP.\n\n  (2) For the purposes of paragraph 6(1)(c), in specifying identity verification processes in the industry standard, ACMA must:\n    (a) specify those which the ACMA considers to be necessary to achieve the objectives set out in paragraph 6(1)(b) and which:\n    (i) are practicable;\n    (ii) are robust;\n    (iii) are technically feasible; and\n    (iv) do not impose undue financial and administrative burdens;\n    (b) have regard to the existing identity verification processes that mobile carriage service providers may have already implemented or are in the process of implementing.\n  (3) Without limiting subsection 6(2), in specifying identity verification processes in the industry standard, the ACMA should identify clearly those processes which apply to all customer types and those which apply only to specific customer types (eg residential, small to medium business, corporate), and the ACMA may consider specifying any or all of the following identity verification processes in the industry standard:\n  (a) the generation and sending by the mobile carriage service provider of a unique verification code:\n  (i) by SMS message to the mobile service number that is to be Ported via a method that ensures it is transmitted to the mobile service number that is the subject of the Port request;\n  (ii) by a message to the email address of the customer;\n    (b) in a retail environment, following identification of the customer in person at a retail store, personnel representing the Gaining CSP calling, whilst in store, the mobile service number of the customer and verifying that the call has been received by the customer’s mobile device used in association with that mobile service number;\n    (c) in a call centre environment following identification of the person initiating a Port request by voice call:\n    (i) as the customer— personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the customer; and\n    (ii) as the authorised representative of the customer—personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the authorised representative of the customer; and\n    (d) the use of one or multiple forms of biometric data to verify that the person requesting the Port is the customer or an authorised representative of the customer.\n\n#### 7 Provision of consumer awareness and safeguard information by mobile carriage service providers\n\n  (1) The industry standard may:\n    (a) specify minimum requirements for information and advice that mobile carriage service providers are to provide or make available to customers (or prospective customers) to:\n    (i) assist them to understand that identification verification processes will apply prior to accepting Ports of mobile service numbers; and\n    (ii) encourage them to report any suspected fraudulent or unlawful activity or conduct associated with, or otherwise involving, the unauthorised Porting of a mobile service number to the Australian Federal Police and applicable State/Territory Police, and relevant government consumer support services; and\n    (b) specify requirements in relation to the manner in which the information or advice mentioned in subparagraphs 7(1)(a)(i) and (ii) is to be provided or made available.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Direction on industry standard","content":"#### 5 Direction on industry standard\n\n    (1) I direct the ACMA to determine an industry standard under subsection 125AA(1) of the Act that complies with Division 2 of this Part.\n\n> Note: The ACMA may comply with this subsection by determining one or more industry standards: see paragraph 23(b) of the Acts Interpretation Act 1901.\n\n  (2) An industry standard referred to in subsection 5(1) is to:\n    (a) be determined by 28 February 2020; and\n    (b) commence in whole by 30 April 2020.\n  (3) In determining an industry standard for the purposes of subsection 5(1), I direct the ACMA to consider conferring functions and powers on the Telecommunications Industry Ombudsman in respect of customer complaints about unauthorised Porting of mobile service numbers.\n\n> Note: If the Telecommunications Industry Ombudsman consents, an industry standard may confer functions and powers on the Telecommunications Industry Ombudsman: see section 114 of the Act.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Industry standard relating to the mobile service number pre-Porting additional identity verification and consumer awareness and safeguard information by mobile carriage service providers","content":"### Division 2—Industry standard relating to the mobile service number pre-Porting additional identity verification and consumer awareness and safeguard information by mobile carriage service providers","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Pre-Porting identity verification","content":"#### 6 Pre\\-Porting identity verification\n\n  (1) The industry standard must:\n    (a) apply to mobile carriage service providers who supply public mobile telecommunications services;\n    (b) state that its objectives are, without limitation, to:\n    (i) prevent the unauthorised Porting of mobile service numbers;\n    (ii) reduce harm to customers arising from the unauthorised Porting of mobile service numbers;\n    (c) require Gaining CSPs, prior to accepting the Port of a particular mobile service number, to use one of the applicable identity verification processes specified in the industry standard; and\n    (d) require mobile carriage service providers to not proceed with a mobile service number Port unless one of the applicable identity verification processes specified in the industry standard has been used by the Gaining CSP.\n\n  (2) For the purposes of paragraph 6(1)(c), in specifying identity verification processes in the industry standard, ACMA must:\n    (a) specify those which the ACMA considers to be necessary to achieve the objectives set out in paragraph 6(1)(b) and which:\n    (i) are practicable;\n    (ii) are robust;\n    (iii) are technically feasible; and\n    (iv) do not impose undue financial and administrative burdens;\n    (b) have regard to the existing identity verification processes that mobile carriage service providers may have already implemented or are in the process of implementing.\n  (3) Without limiting subsection 6(2), in specifying identity verification processes in the industry standard, the ACMA should identify clearly those processes which apply to all customer types and those which apply only to specific customer types (eg residential, small to medium business, corporate), and the ACMA may consider specifying any or all of the following identity verification processes in the industry standard:\n  (a) the generation and sending by the mobile carriage service provider of a unique verification code:\n  (i) by SMS message to the mobile service number that is to be Ported via a method that ensures it is transmitted to the mobile service number that is the subject of the Port request;\n  (ii) by a message to the email address of the customer;\n    (b) in a retail environment, following identification of the customer in person at a retail store, personnel representing the Gaining CSP calling, whilst in store, the mobile service number of the customer and verifying that the call has been received by the customer’s mobile device used in association with that mobile service number;\n    (c) in a call centre environment following identification of the person initiating a Port request by voice call:\n    (i) as the customer— personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the customer; and\n    (ii) as the authorised representative of the customer—personnel representing the Gaining CSP calling back the mobile service number to be Ported to confirm that the person initiating the request is the authorised representative of the customer; and\n    (d) the use of one or multiple forms of biometric data to verify that the person requesting the Port is the customer or an authorised representative of the customer.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Provision of consumer awareness and safeguard information by mobile carriage service providers","content":"#### 7 Provision of consumer awareness and safeguard information by mobile carriage service providers\n\n  (1) The industry standard may:\n    (a) specify minimum requirements for information and advice that mobile carriage service providers are to provide or make available to customers (or prospective customers) to:\n    (i) assist them to understand that identification verification processes will apply prior to accepting Ports of mobile service numbers; and\n    (ii) encourage them to report any suspected fraudulent or unlawful activity or conduct associated with, or otherwise involving, the unauthorised Porting of a mobile service number to the Australian Federal Police and applicable State/Territory Police, and relevant government consumer support services; and\n    (b) specify requirements in relation to the manner in which the information or advice mentioned in subparagraphs 7(1)(a)(i) and (ii) is to be provided or made available.","sortOrder":10}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original focused scope. It was designed specifically to mandate additional identity verification for mobile number porting to prevent fraud, and it does exactly that without expanding into unrelated telecommunications areas. The consumer awareness provisions in section 7 are ancillary to the core anti-fraud purpose."},"complexity_factors":["Short instrument with only 7 operative sections","11 defined terms in section 4, mostly straightforward telecommunications terminology","Single cross-reference to the Telecommunications Act 1997 (section 125AA) and one to the Telecommunications Numbering Plan 2015","Clear hierarchical structure (Part 1 Introduction, Part 2 with two Divisions)","Some conditional logic in section 6(2) requiring ACMA to balance multiple criteria (practicability, robustness, technical feasibility, financial burden)","Permissive language ('may consider', 'should identify') in section 6(3) rather than mandatory requirements","No nested exceptions or complex temporal provisions beyond the two deadlines in section 5(2)"],"plain_english_summary":"This Ministerial Direction orders ACMA to set industry rules to stop “unauthorised porting” — scammers transferring mobile numbers to steal texts, codes and accounts — by requiring carriers to perform stronger identity checks before accepting number‑transfer requests.  \n\nIt affects mobile providers, their customers, and ACMA, and aims to reduce fraud and privacy harms by mandating verifications (SMS/email/callback/biometric) and better customer education."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument stays within the original, narrow policy scope: it directs the ACMA to create mandatory pre‑porting identity checks to prevent unauthorised mobile number porting and to consider consumer awareness measures. It expands operational detail delegated to ACMA (specifying selection criteria and example verification methods) and requires ACMA to consider involving the Telecommunications Industry Ombudsman, but it does not materially broaden the subject beyond the stated objective of preventing unauthorised porting and reducing harm (see s6). The changes are procedural and implementation‑focused rather than a substantial scope expansion."},"complexity_factors":["Single clear subject matter (pre‑porting identity verification)","Directs ACMA to make an industry standard rather than setting technical rules itself (delegation)","4–5 defined terms used within the instrument plus cross‑references to the Telecommunications Act and Telecommunications Numbering Plan","Several conditional requirements for ACMA (practicable, robust, technically feasible, not impose undue burden) creating normative balancing tests (s6(2))","Enumerated list of possible verification methods (4 categories) with sub‑conditions (s6(3))","Deadlines for ACMA to determine and commence the standard (s5(2))","Optional consumer‑information requirements (s7) and a requirement to consider conferring powers to the TIO (s5(3))"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Directs the Australian Communications and Media Authority (ACMA) to make an industry standard (a binding technical/operational rule for industry) under the Telecommunications Act 1997. (See s5.)\n- Requires that the ACMA must determine the industry standard by 28 February 2020 and that it commence in whole by 30 April 2020. (s5(2))\n- Requires the industry standard to oblige all mobile carriage service providers (CSPs) to ensure a Gaining CSP (the carrier a number is being moved to) performs specified identity verification before accepting a port request, and prohibits proceeding with a port unless such a verification has been used. (s6(1)(c)–(d))\n- Directs the ACMA to select identity‑verification processes that are practicable, robust, technically feasible and do not impose undue financial or administrative burdens, and to have regard to existing provider arrangements. (s6(2))\n- Lists verification methods the ACMA may (and should consider) include, such as: sending a unique verification code to the mobile number being ported (SMS) or customer email; in‑store call confirmation while customer is present; call‑back confirmation in call‑centres (for customers and authorised representatives); and biometric checks. (s6(3)(a)–(d))\n- Instructs the ACMA to consider giving the Telecommunications Industry Ombudsman (TIO) functions/powers to handle customer complaints about unauthorised porting. (s5(3))\n- Permits the industry standard to require CSPs to provide minimum consumer information — explaining that identity checks apply and encouraging reporting of suspected fraud to police and consumer support services — and to specify how that information is to be provided. (s7)\n\n**Who is affected**\n\n- Gaining CSPs (the providers receiving a port request) are directly required to perform and document the specified identity verification before accepting a port. (s6(1)(c)–(d))\n- All mobile carriage service providers must refuse to proceed with a port unless the Gaining CSP has used an applicable verification process. (s6(1)(d))\n- Customers (contract holders of mobile numbers) will be affected operationally by additional identity checks when they request to move numbers.\n- The ACMA is the decision‑maker designing the standard and may involve the TIO for complaints handling. (s5, s5(3))\n\n**Why it matters (stated purpose and practical effect)**\n\n- Stated objectives: to prevent unauthorised porting of mobile numbers and reduce harm to customers from such unauthorised porting. (s6(1)(b))\n- Practical effect: creates a mandatory pre‑porting identity check regime across mobile providers. This changes the pre‑conditions for number portability — CSPs cannot complete a port unless the chosen verification measure is used and satisfied. (s6)\n\n**Costs, incentives and trade‑offs**\n\n- Who pays: implementing the verification processes (technical changes, staff training, call‑centre procedures, biometric systems, messaging costs) will be borne by CSPs (in particular, Gaining CSPs). Some or all of these costs may be passed to customers through higher prices or reallocated operational spending. (s6(3), s6(2)(iv))\n- Compliance burden: providers must deploy systems that generate/send verification codes, integrate call‑back procedures, handle biometric data securely, and keep consumers informed as required by the standard. Smaller providers may face proportionally higher compliance costs. (s6(2), s6(3), s7)\n- Behavioural effects: Gaining CSPs will add verification steps; customers will experience extra steps or delays when porting. Losing CSPs may rely on the Gaining CSP’s verification before transferring. (s6(1)(c)–(d))\n- Competition effects: the policy may raise the operational cost and friction of switching, potentially slowing churn. That could marginally increase switching frictions for legitimate customers (trade‑off between preventing fraud and ease of switching). Large providers with existing verification infrastructure may find it easier to comply than small/new entrants. (s6(2)(b), s6(3))\n- Fraud substitution risk: stricter pre‑porting checks reduce one vector (SIM‑swap/porting fraud) but may shift fraudsters toward other methods (social engineering, account takeover via email or bills). The standard requires ACMA to consider multiple verification methods and to be practicable; that recognition accepts trade‑offs across fraud types. (s6(2), s6(3))\n\n**Implementation risks and data concerns**\n\n- Technical limitations: sending an SMS to the number being ported assumes the device still receives messages; if a fraudster already controls the device, SMS verification may fail. (s6(3)(a)(i))\n- Timing and sequencing: time lags in porting processes may make some checks unreliable if not properly sequenced. (s6(1)(c)–(d))\n- Privacy/security: the optional use of biometric data raises data‑protection and storage obligations and increased regulatory risk for CSPs handling sensitive personal data. (s6(3)(d))\n\n**Who decides and what discretion exists**\n\n- ACMA decides the detailed standard, including which verification methods are mandatory for which customer types and the minimum consumer information requirements. ACMA must balance robustness and practicability and must consider existing provider systems. (s5, s6(2), s6(3), s7)\n- The instrument also directs ACMA to consider conferring complaint powers to the TIO, but only if the TIO consents. (s5(3))\n\n**Concrete incentives and likely short‑term effects**\n\n- Immediate incentive for CSPs: invest in verification systems to avoid non‑compliance and rejected ports.\n- Immediate effect for consumers: additional verification steps, possible small delays in porting, and more information from providers about porting safeguards. (s6, s7)\n\n**Sections to note**\n\n- Direction to ACMA and timelines: s5 (deadlines and TIO consideration).\n- Mandatory pre‑porting requirement and objectives: s6(1).\n- ACMA’s required considerations when specifying processes: s6(2).\n- Example verification processes ACMA may adopt: s6(3)(a)–(d).\n- Consumer information provisions the industry standard may require: s7.\n\nThis instrument is a tasking direction to ACMA to produce and impose operational rules on the industry; it does not itself set the technical details of identity checks but constrains ACMA’s choices and sets deadlines and high‑level standards for practicability, robustness and burden. It therefore changes industry operating requirements once ACMA’s standard is made, while leaving the detailed design and proportionate application to the regulator."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-","history":"/api/acts/telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-/history","analysis":"/api/acts/telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-/analysis","conflicts":"/api/acts/telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-/conflicts","importantCases":"/api/acts/telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-/important-cases","documents":"/api/acts/telecommunications-industry-standard-for-mobile-number-pre-porting-additional-identity-verification-/documents"}}