45 Inability to keep or produce records
(1) This section applies if a carriage service provider is unable to keep or produce a record under section 44 because of a dispute involving the provider and another person.
Note Disputes may involve an emergency call person, another carriage service provider or another person. The dispute may also require the involvement of the Australian Competition and Consumer Commission under section 149 of the Act.
(2) The provider must tell ACMA, in writing, of the provider’s inability as soon as the provider becomes aware that it may be unable to comply with the requirement.
(3) ACMA must have regard to any steps the carriage service provider has taken to resolve the problem, and the speed with which the carriage service provider has tried to resolve it.
(4) ACMA may, after having regard to the steps taken by the provider, consider taking action about the failure to comply with the requirement.
Dictionary
(section 4)
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Alternate Address Flag means the field in the IPND that provides information about whether or not the physical location of a caller may reliably be taken to be at the address provided to the IPND Manager for the service.
Australian-based terrestrial network means a telecommunications network that:
(a) is not satellite-based; and
(b) is based in Australia.
Caller No Response Call means a call made to an emergency number:
(a) by a person who, when the call is answered, does not respond to the emergency call person; and
(b) in circumstances that are not suspicious.
common system means:
(a) the IPND; or
(b) the Enhanced Calling Line Identification Processing Service.
emergency call means a call made to an emergency service number, seeking a response from an emergency service organisation to deal with a time-critical event:
(a) that is perceived to threaten life; or
(b) that the organisation is established to respond to.
emergency call person for 000 and 112 means the emergency call person who is the recognised person who operates an emergency call service for the emergency service numbers 000 and 112.
Note On the commencement of this Determination, the emergency call person for 000 and 112 was Telstra.
emergency call person for 106 means the emergency call person who is the recognised person who operates an emergency call service for the emergency service number 106.
Note On the commencement of this Determination, the emergency call person for 106 was Australian Communication Exchange Limited.
emergency service organisation has the meaning given by subsection 147 (11) of the Act.
fixed local service means a carriage service that:
(a) is supplied by a carriage service provider; and
(b) is capable of voice telephony; and
(c) is supplied for receiving incoming calls wholly, or principally, at one fixed location which can be identified, from the number called, by the provider of the carriage service used to make the call; and
(d) is either:
(i) a switching facility; or
(ii) the premises occupied or used by a customer.
information agreement see subsection 27 (1).
IPND means:
(a) the Integrated Public Number Database established and maintained by Telstra under the Carrier Licence Conditions (Telstra Corporation Ltd) Declaration 1997 as in force on the commencement of this Determination; or
(b) if the Minister has determined, under subsection 472 (1) of the Telecommunications Act 1997, that a specified person other than Telstra is to provide and maintain an integrated public number database — that database.
IPND Manager means:
(a) Telstra; or
(b) if the Minister has determined, under subsection 472 (1) of the Telecommunications Act 1997, that a specified person other than Telstra is to provide and maintain an integrated public number database — that person.
location independent communications service means a carriage service that:
(a) is capable of voice telephony; and
(b) for a call to the emergency service number 000 or 106 — identifies a point of termination for the call; and
(c) is none of the following:
(i) a fixed local service;
(ii) a public mobile telecommunications service;
(iii) a satellite service.
Note 1 The requirement in paragraph (a) that the service ‘is capable of voice telephony’ is a minimum requirement. A service that meets the definition may be capable of other additional functions.
Note 2 The term location independent communications service is used and defined in the Telecommunications Numbering Plan 1997 as a type of carriage service. The definition in this Determination refers to the same type of carriage service but defines it by reference to characteristics relevant to this Determination.
Note: A location independent communications service includes:
Note: (a) a service that has both dial‑in and dial‑out functionality; and
Note: (b) a combination of services that, together, provide dial‑in and dial‑out functionality.
NRS provider means the provider of the National Relay Service described in section 95 of the Act.
Note 1 The National Relay Service is designed to provide access to a standard telephone service to people who are deaf, or who have a hearing and/or speech impairment.
Note 2 At the commencement of this Determination, the NRS provider was Australian Communication Exchange Limited.
public payphone means a public telephone that is managed by a carrier or a carriage service provider and is located in a public place, but does not include a public telephone that is located in a public place and is leased to a person by a carrier or a carriage service provider.
public place means a place to which the public usually has access except during certain hours or certain days of the week, but does not include:
(a) a place to which a person (other than the Commonwealth, a State or Territory) is entitled to deny the public entry; or
(b) a vehicle, vessel, aircraft or other means of transport.
quarter means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October in a year.
rural addressing system means a system used to identify and locate rural properties by assigning an individual number to each property in accordance with the document known as AS/NZS 4819:2003 or Geographic Information — Rural and Urban Addressing.
satellite service means a carriage service, where customer equipment used in connection with the supply of the service communicates directly with a satellite-based facility.
Note A satellite service may be used to provide a fixed or mobile service to an end-user.
standard emergency telephone service means a standard telephone service that an end-user would reasonably choose, as a first choice, to make an emergency call, except a short messaging service.
Examples of services that an end‑user would reasonably expect to use, as a first choice, to make emergency calls