19Carriage service provider and carrier must ensure an emergency call is carried to the relevant termination point

19 Carriage service provider and carrier must ensure an emergency call is carried to the relevant termination point

(1) Subject to subsection (3), a carriage service provider who supplies an emergency telephone service other than an exempt satellite service must ensure that an emergency call made using the service is carried to the relevant termination point for the call: (a) on the provider’s telecommunications network; or (b) if the provider’s telecommunications network does not allow direct delivery to the relevant termination point for the call— by another telecommunications network. (2) Subject to subsections (3) and (4), a carrier must ensure that its controlled networks and controlled facilities are configured to carry an emergency call on its network to the relevant termination point for the call. (3) Subsections (1) and (2) do not apply if a matter beyond the control of the carriage service provider or carrier materially and adversely affects the provider’s or carrier’s technical ability to carry the emergency call to the relevant termination point.

Note: An example of a matter that may be beyond the carrier’s control includes a failure of a controlled network or controlled facility because of non-genuine emergency registrations on a mobile network where reasonable measures have been taken to minimise the impact of such registrations. Other examples of matters that may be beyond the provider’s control are described in the note to subsection 12(2).

(4) Subsection (2) does not apply if the emergency call is made from a mobile phone that is not configured to be able to access the emergency call service.