45Inability to keep or produce records

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.