12Application of subdivision

12 Application of subdivision

(1) This subdivision does not apply to a carriage service provider if the provider is prohibited or prevented from giving an end‑user access to an emergency call service because of something required by, or authorised under, a Commonwealth, State or Territory law.

Note: Example: Things required by, or authorised under, a Commonwealth, State or Territory law include:

(a) A carrier or carriage service provider has acted, in good faith, under subsection 313(1) of the Telecommunications Act 1997 to prevent its networks or facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or a State or Territory.
(b) A carriage service provider has received a request from a police force or service under section 315 of the Telecommunications Act 1997 to suspend the service.
(c) A carrier or carriage service provider that manages a telecommunications network or facility has disconnected customer equipment or customer cabling from that network or facility under subsection 447(1) of the Telecommunications Act 1997 because of its honest belief that the equipment or cabling was, or was likely to be, a threat to the integrity of the network or facility.

(2) This subdivision does not apply if: (a) a matter beyond the control of the carriage service provider materially and adversely affects the provider’s technical ability to give an end-user access to the emergency call service; or (b) the emergency telephone service used to make the emergency call is an exempt satellite service.

Note: Matters beyond the control of a carriage service provider which may materially and adversely affect a provider’s technical ability to give an end‑user access to an emergency call service include:

(a) Failure of customer equipment or network equipment at the premises of the customer for that service because of a mains power outage, interference with or misuse of customer equipment or network equipment by end‑users, or wear and tear.
(b) Failure of in‑building wiring because of physical damage at the customer’s premises.
(c) Failure of an access line because of damage or interference caused by a third party or by environmental factors.
(d) Failure due to access to an emergency call service being barred on the customer equipment by the customer.
(e) Failure of a controlled network or controlled facility because of a denial of service attack where reasonable measures have been taken to minimise the impact of such an attack.