{"id":"F2017L00399","name":"Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017","slug":"telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96127,"registerId":"commonwealth-F2017L00399-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4.3","sectionType":"section","heading":"Information to be obtained from the customer","content":"##### 4.3 Information to be obtained from the customer  \n\nThe carriage service provider must obtain the information specified in Table 2 below from the customer of a prepaid mobile carriage service:  \n\nTable 2 – Kind of information to be obtained\n\n| Item | Topic                                                   | Description of information                                                                                                                                                                                                                                                                                                                                                                      |\n| ---- | ------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | Information about a customer who is a purchaser         | The following:the name of the purchaser;the number of other activated prepaid mobile carriage services (if any) supplied to the purchaser;if the purchaser is seeking to purchase the service on behalf of an entity, the name and business address of the entity; andif the purchaser is not seeking to purchase the service on behalf of an entity, the residential address of the purchaser. |\n| 2    | Information about a customer who is a service activator | The following:the name and date of birth of the service activator;if the service activator is seeking to activate the service on behalf of an entity, the name and business address of the entity; andif the service activator is not seeking to activate the service on behalf of an entity, the residential address of the service activator.                                                 |\n\n    4.4 Verification of the identity of a customer who is a purchaser\n\n    This section applies to the carriage service provider if the customer is a purchaser.\n    The carriage service provider must verify the identity of the purchaser in accordance with the Table 3 below and subsection (3).\n\n    Table 3 – Verification of the identify of purchasers\n\n| Item | Circumstances                                                                                                                                                                                                                               | Verification method                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1    | Activation of the prepaid mobile carriage service will not result in the purchaser having 5 or more activated prepaid mobile carriage services and the purchaser offers to pay for the service otherwise than by credit card or debit card. | The carriage service provider must verify the identity of the purchaser by seeing:1 category A document identifying the purchaser; or2 category B documents, each of a different kind, identifying the purchaser.Note If:activation of the prepaid mobile carriage service will not result in the purchaser having 5 or more activated prepaid mobile carriage services; andthe purchaser offers to pay for the service using a credit card or debit card,the carriage service provider is not required to take any further steps in relation to the purchaser. |\n| 2    | Activation of the prepaid mobile carriage service will result in the purchaser having 5 or more activated prepaid mobile carriage services.                                                                                                 | The carriage service provider must verify the identity of the purchaser by seeing:2 category A documents, each of a different kind, identifying the purchaser; or1 category A document and 2 category B documents, each of a different kind, identifying the purchaser.                                                                                                                                                                                                                                                                                         |\n\n(3) For the purposes of items 1 and 2 of Table 3 in subsection (2):\n\n    if a document shown to the carriage service provider includes an expiry date, the carriage service provider must be satisfied that the document has not expired; and\n    if a category A document is a foreign military ID card, the purchaser must show the document to the carriage service provider in an access-controlled defence site.","sortOrder":0},{"sectionNumber":"4.5","sectionType":"section","heading":"Verification of the identity of a customer who is a service activator","content":"##### 4.5 Verification of the identity of a customer who is a service activator\n\n    This section applies to the carriage service provider if the customer is a service activator.\n    The carriage service provider must verify the identity of the service activator using an approved method of identity verification specified in column B of Schedule 1.","sortOrder":1},{"sectionNumber":"Part 6","sectionType":"part","heading":"Records","content":"## Part 6 Records\n\n6.1 Carriage service provider to keep records of prepaid mobile carriage services supplied\n\n(1) A carriage service provider must keep records in relation to each prepaid mobile carriage service supplied by the carriage service provider sufficient to enable the carriage service provider’s compliance with this Determination to be readily ascertained.\n\n(2) The carriage service provider must keep the records for as long as the service is activated.\n\n6.2 Records for certain transactions\n\n(1) This section applies in relation to a prepaid mobile carriage service if the carriage service provider complied with section 4.4 in relation to a purchaser and the prepaid mobile carriage service was purchased using a credit card or debit card.\n\n(2) The carriage service provider must keep records for the prepaid mobile carriage service that link the carriage service number of the service to the credit card or debit card referred to in subsection (1) in relation to the service.\n\nNote For example, a transaction code generated in relation to the purchase of a prepaid mobile carriage service using a credit card or debit card could be linked to the carriage service number of the service for the purpose of keeping a record required by subsection 6.2(2).\n\n6.3 Record of compliance arrangements\n\nA carriage service provider who supplies a prepaid mobile carriage service must keep a written description of the arrangements that it has in place to comply with this Determination.\n\n6.4 Restrictions on the recording and keeping of certain information\n\n(1) Subject to subsections (2) and (3), a carriage service provider must not, in connection with a requirement imposed by this Determination, record and keep:\n\n1.  the identifying number of a government document; or\n2.  a category A document or category B document.\n\n(2) Subsection (1) does not prohibit the recording and keeping of information or a document if that recording and keeping is required or authorised by or under a law.\n\nNote Under Part 5-1A of the Telecommunications (Interception and Access) Act 1979 carriage service providers have an obligation to keep certain information for a specified period of time and to ensure the confidentiality of that information by requiring that the information be encrypted and protected from unauthorised interference or unauthorised access.\n\n(3) Subsection (1) does not prohibit the recording and keeping of the identifying number of a government document where:\n\n1.  the carriage service provider records the identifying number of a government document for a permitted purpose; and\n2.  the carriage service provider records the information only for such time as is reasonably necessary for the permitted purpose; and\n3.  immediately after the carriage service provider verifies the service activator’s identity, the carriage service provider destroys the number; and\n4.  the recording is not otherwise prohibited by law.\n\nExample If a customer has unsuccessfully attempted to verify their identity online using a government online verification service, a carriage service provider may use the identifying number of that customer’s government document to assist that customer to verify his or her identity.\n\n(4) A carriage service provider must not copy or reproduce any document that contains the information which must not be recorded and kept because of subsection (1).\n\nNote A carriage service provider’s arrangements for recording and handling personal information must comply with Commonwealth privacy laws where applicable.\n\n(5) In this section:\n\npermitted purpose means:\n\n1.  the purpose of verifying the identity of a service activator in accordance with section 4.5; or\n2.  any other purpose that is ancillary or incidental to the provider’s obligation to verify the identity of a service activator in accordance with section 4.5.\n\n.","sortOrder":2}],"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"},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument establishes identity verification rules for prepaid mobile carriage services. The provided text does not indicate any amendments and appears to be the original determination as made."},"complexity_factors":["Multi-tier document verification based on number of existing prepaid services","Distinction between the purchaser and the service activator with separate verification rules","Detailed restrictions on recording and retaining government document numbers and identity documents","Cross-referencing to external schedules for approved verification methods and document categories"],"plain_english_summary":"This determination requires Australian carriers to verify the identity of purchasers and activators of prepaid mobile services, setting what information must be collected and how identity must be checked. Verification intensity scales with a customer’s existing prepaid services and payment method; activations must use approved online checks. Carriers must retain payment-card linkage and compliance records but are generally prohibited from keeping government document numbers or copies. For customers: expect to show ID, but your document number or copy should not be retained."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied text defines verification and record‑keeping requirements for prepaid mobile services but contains no information indicating a change of scope from any prior instrument. No basis in the provided material to conclude the Determination widens or narrows scope relative to an earlier version."},"complexity_factors":["Different roles and data requirements for purchasers versus service‑activators (4.3)","Multiple verification paths with conditional triggers (Table 3 in 4.4): document combinations vary by number of activated services and payment method","Dependence on external ‘approved’ online verification methods listed in Schedule 1 (4.5) creating operational integration needs","Record‑keeping obligations tied to activation period and specific transaction links (6.1(2), 6.2)","Strict prohibitions and narrow exceptions on recording government document numbers and reproducing documents, plus an obligation to destroy identifiers immediately after verification in permitted cases (6.4(1)–(4))","Interaction with other statutory record/retention regimes (note referencing Telecommunications (Interception and Access) Act in 6.4)","Practical compliance tasks (seeing original documents, checking expiry dates, access‑controlled site requirement for foreign military IDs) (4.4(3))"],"plain_english_summary":"This Determination requires prepaid mobile carriage providers to collect and verify identity information from customers (distinguishing purchasers and service‑activators) and to keep records while a service is active. Verification can require document checks or an approved online method, with stricter checks when a purchaser would hold 5+ activated prepaid services or pays other than by card. The stated purpose is identity verification; mechanically it allocates verification, record‑keeping and data‑handling costs to providers while restricting storage of most government document identifiers."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of establishing identity verification requirements for prepaid mobile services. The record-keeping provisions in Part 6 are ancillary to this core function rather than an expansion beyond the original scope."},"complexity_factors":["Multiple defined terms referenced but not defined in the excerpt (category A document, category B document, approved method of identity verification, carriage service number, permitted purpose)","Conditional verification requirements based on two variables: number of existing services AND payment method","Nested exceptions in section 6.4 with three subsections providing carve-outs to the general prohibition on recording ID numbers","Cross-references to external documents (Schedule 1 for approved verification methods, Telecommunications (Interception and Access) Act 1979)","Dual customer categories (purchaser vs service activator) with different verification pathways","Specific technical requirements (expiry date checking, access-controlled defence sites for foreign military IDs)"],"plain_english_summary":"This law requires phone companies (carriage service providers) to check who you are before selling or activating a prepaid mobile phone service. It sets out what information they must collect and how they must verify your identity.\n\n**Who it affects:**\n- **Phone companies** selling prepaid mobile services\n- **Customers** buying or activating prepaid mobile phones\n\n**What it does:**\n\n**Information collection (Section 4.3):**\n- If you're **buying** a prepaid service, the company must get your name, how many other prepaid services you already have, and either your home address or business details\n- If you're **activating** a service (turning it on), they need your name, date of birth, and address details\n\n**Identity verification (Sections 4.4 and 4.5):**\n- **For purchasers:** The rules vary based on how many prepaid services you already have and how you pay:\n  - *Fewer than 5 services, paying by cash:* Show 1 high-security ID (like a passport) OR 2 standard IDs (like a driver's licence)\n  - *Fewer than 5 services, paying by credit/debit card:* No extra ID check needed\n  - *5 or more services:* Show 2 high-security IDs OR 1 high-security plus 2 standard IDs\n- **For service activators:** Use an approved electronic verification method\n- **Special rules:** IDs must not be expired, and foreign military IDs can only be shown at secure defence sites\n\n**Record keeping (Part 6):**\n- Companies must keep records showing they followed these rules\n- They must link phone numbers to credit/debit card details when used\n- They must **not** keep copies of your actual ID documents or government ID numbers (with limited exceptions for verification purposes)\n\n**Why it matters:**\nThis law helps prevent criminals from using anonymous prepaid phones for illegal activities while protecting your privacy by restricting what personal information phone companies can keep on file."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati","history":"/api/acts/telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati/history","analysis":"/api/acts/telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati/analysis","conflicts":"/api/acts/telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati/conflicts","importantCases":"/api/acts/telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati/important-cases","documents":"/api/acts/telecommunications-service-provider-identity-checks-for-prepaid-mobile-carriage-services-determinati/documents"}}