31Minimisation requirement — carriers and carriage service providers

31 Minimisation requirement — carriers and carriage service providers

(1) A carrier who owns or operates a controlled network or controlled facility used to carry emergency calls, must: (a) as far as practicable, take the steps specified in subsection (3) to stop or minimise the number of non-genuine calls carried using its networks or facilities which are received by the emergency call person for 000 and 112; and (b) take any additional steps that the ACMA directs in writing should be taken for this section. (2) A carriage service provider who supplies an emergency telephone service must: (a) as far as practicable, take the steps specified in subsection (3) to stop or minimise the number of non-genuine calls made using the service which are received by the emergency call person for 000 and 112; and (b) take any additional steps that the ACMA directs in writing should be taken for this section. (3) The steps are to: (a) monitor the number of calls made to the emergency service numbers 000 and 112, 24 hours per day, 7 days per week to identify high volumes of non-genuine calls to the emergency call service that are likely to cause a disruption to the emergency call service; (b) document and implement a process between the emergency call person, carriers and carriage service providers to stop non-genuine calls of the type referred to in paragraph (a); (c) cooperate with the emergency call person and emergency service organisations to identify the source of non-genuine calls that are not likely to cause a disruption to the emergency call service; and (d) document and implement a process between the emergency call person, carriers and carriage service providers to minimise non-genuine calls of the type referred to in paragraph (c). (4) Before giving a direction under paragraph 1(b) or 2(b), the ACMA must: (a) consult with the carrier or carriage service provider concerned; and (b) have regard to any submissions made by the carrier or carriage service provider. (5) A carrier or carriage service provider who is given a direction under this section may ask the ACMA to reconsider the decision (reconsideration request). (6) A reconsideration request must: (a) be in writing; (b) be given to the ACMA within 14 days of the day on which the carrier or carriage service provider received the direction; and (c) include reasons for the request. (7) Upon receiving a reconsideration request the ACMA must, within 28 days: (a) reconsider the decision; and (b) affirm, vary or revoke the direction. (8) The ACMA must give written notice of its decision under subsection (7) and if the decision is to affirm or vary the primary decision, the notice must include: (a) the reasons for its decision; (b) a statement to the effect that if the carrier or carriage service provider affected by the decision is dissatisfied with the decision so affirmed or varied, the carrier or carriage service provider may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and (c) a statement to the effect that the carrier or carriage service provider may request a statement under section 268 of that Act in relation to the decision so affirmed or varied. (9) The carrier or carriage service provider concerned may apply to the Administrative Review Tribunal to review a decision of a kind referred to in subsection (5) if the ACMA has affirmed or varied the decision under subsection (7).