Telecommunications Numbering Plan 2025

Chapter 1—Preliminary

Part 1—General

1  Name

2  Commencement

3  Authority

4  Repeal of the Telecommunications Numbering Plan 2015

5  Definitions

6  References to other instruments

7  Regard to be had to objects and other matters

Chapter 2—Numbers for use

8  Numbers for use—public

9  Numbers for use—non‑public

Chapter 3—Specification of telephone numbers

Part 1—Geographic numbers

10  Definition of geographic number

11  Use of geographic numbers

12  Notice of geographic number that may terminate in different locality

13  Use of local numbers

Part 2—Freephone, local rate and mobile numbers

Division 1—Freephone numbers

14  Definition of freephone number

15  Use of freephone numbers

Division 2—Local rate numbers

16  Definition of local rate number

17  Use of local rate numbers

Division 3 – Mobile numbers

18  Definition of mobile number

19  Use of mobile numbers

Part 3—Emergency service numbers

20  Emergency service numbers

Part 4—Special services numbers

21  Definition of special services number

22  Use of special services numbers

23  Use of 1223 for operator services on carriage service with price control arrangements

24  Approval of operation plan

25  Amendment or replacement of operation plan on application by carriage service provider

26  Amendment or replacement of operation plan at ACMA’s direction

27  Cessation of service under operation plan

Part 5—Access codes

28  Definition of access code

29  Use of access codes

30  Charge for call to international freephone numbers

Part 6—Shared numbers

31  Definition of shared number and selectable shared number

32  Use of shared numbers

Chapter 4—Private numbering schemes

33  Restrictions on use do not apply to use in private numbering scheme

34  Private numbering scheme with escape code

35  Private numbering scheme without an escape code

Chapter 5—International signalling point codes and mobile network codes

Part 1—International signalling point codes

36  Definition of international signalling point code

37  Application for allocation of international signalling point code

38  Decision on application

Part 2—Mobile network codes

39  Definition of mobile network code

40  Application for allocation of mobile network code

41  Decision on application

Part 3—Transfer, surrender and withdrawal of international signalling point codes and mobile network codes

42  Transfer of codes

43  Withdrawal of codes

44  Application to surrender codes

45  Decision on application to surrender codes

46  Notice of decision

Chapter 6—Allocation of numbers

Part 1—Numbers able to be allocated

47  ACMA to list numbers able to be allocated

Part 2—Standard procedure for allocation of numbers

48  Application for allocation of numbers

49  Application for allocation of numbers—additional requirements

50  Decision on application

51  Allocation of numbers

52  Particular matters relating to allocation of freephone and local rate numbers

Part 3—Application for allocation of numbers in special circumstances

53  Application for allocation of numbers

54  Decision on application

55  Matters to take into account

56  ACMA may ask for further information

57  Notice that application has not been approved

58  Allocation of numbers

59  Particular matters relating to allocation of freephone and local rate  numbers

Part 4—Variation of standard zone units to which geographic numbers are allocated

60  Application by carriage service provider for variation of allocation

61  Decision on application

62  Request for further information

Chapter 7—Special rules about smartnumbers

Part 1—Special procedure for initial allocation of smartnumbers

63  Application for initial allocation of smartnumbers

64  Decision on application

65  Initial allocation of smartnumbers

Part 2—Enhanced rights of use

66  Enhanced rights of use

67  Reallocation and issue

68  Register of smartnumbers

69  Trading the enhanced rights of use and licensing a smartnumber

70  Application to surrender smartnumber

71  Decision on application to surrender smartnumber

72  Notice of decision

73  Waiver of enhanced rights of use

74  Cancellation of enhanced rights of use—false statement

75  Cancellation of enhanced rights of use—no allocation for 3 years

76  Cancellation of enhanced rights of use – scam or fraudulent activity

Chapter 8—Transfer, surrender and withdrawal of numbers

Part 1—Transfer of numbers

77  Transfer process

78  Transfer not to affect customer’s right to use number

Part 2—Surrender of numbers

79  Application to surrender numbers

80  Decision on application to surrender numbers

81  Notice of decision

Part 3—Withdrawal of numbers

82  Inconsistency with numbering plan

83  Inconsistency with conditions

84  Scam or fraudulent activity

85  Non‑payment of annual numbering charge

86  Withdrawal of numbers not in use

87  Cessation of business

88  End of allocation period

Chapter 9—Obligations of carriage service providers

Part 1—Recall and issue of replacement numbers

89  Recall of issued number and issue of replacement number

90  Application to recall issued number and issue replacement number

91  Recall of issued number without issue of replacement number

92  Restriction on reissuing recalled number

Part 2—General obligations of carriage service providers

93  Use of numbers not to be subject to certain conditions

94  Carriage service provider must not issue a number that it has not been allocated

95  Notice of carriage service provider’s obligations

Part 3—Exemptions

96  Application for exemption from obligation in this Chapter

97  Replacement of provisions by industry code

Chapter 10—Number portability

Part 1—Implementation dates

98  Determining implementation dates

99  Public notice period for implementation date

100  Application of Chapter to carriage service providers and carriers

Part 2—Providing portability

101  Technical capability and technology

102  Meaning of equivalent service

103  Obligation to provide number portability to customers

104  Obligation to ensure that equivalent service is provided

105  Routing arrangements

106  Cancellation of service to ported number

Part 3—Exemptions from obligations

107  Application for exemption from obligations in this Chapter

108  Compliance not required while application is considered

109  Consultation with ACCC

110  Deciding application for exemption

111  Request for further information

112  Notice of decision about exemption

Chapter 11—General matters relating to administration, review and reporting

Part 1—Registration of carriage service providers

113  Application for registration

114  Registration of carriage service provider

115  Registered carriage service provider must update information

116  Transitional—registration under previous numbering plan

Part 2—Monitoring and reporting

117  Report on numbers transferred for purposes of numbering charge

118  ACMA usage of reports

Part 3—Review of decisions

119  Reviewable decisions

120  Statement to accompany notice of reviewable decision

121  Reconsideration by ACMA

122  Statements to accompany notice of decision on reconsideration

123  Review by Administrative Review Tribunal

Part 4—General matters

124  Use of computer program to make decisions

Chapter 12—Transitional provisions

125  Previous allocations not affected by repeal

126  Mobile network codes assigned before commencement

127  Applications not dealt with under 2015 numbering plan

128  Use of mobile numbers for IoT services

Schedule 1—Geographic numbers

1  Central East Region

2  South East Region

3  North East Region

4  Central and West Region

Schedule 2—Freephone numbers

1  Freephone numbers

Schedule 3—Local rate numbers

1  Local rate numbers

Schedule 4—Mobile numbers

1  Mobile numbers

Schedule 5—Special services numbers

1  Special services numbers that are not shared

2  Special services numbers that are shared

Schedule 6—Access codes

1  Access codes that are not shared

2  Access codes that are shared

Schedule 7—Size of standard unit

1  Size of standard unit for different types of number

Chapter 1—Preliminary

Part 1—General

1  Name

  This is the Telecommunications Numbering Plan 2025.

2  Commencement

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

  This instrument is made under subsection 455(1) of the Telecommunications Act 1997.

4  Repeal of the Telecommunications Numbering Plan 2015

  The Telecommunications Numbering Plan 2015 [Registration No. F2015L00319] is repealed.

5  Definitions

  In this instrument:

access code: see section 28.

ACN has the same meaning as in the Corporations Act 2001.

Act means the Telecommunications Act 1997.

active service, for a smartnumber, means that a carriage service is being provided using the number.

advisory committee means an advisory committee established by the ACMA under section 58 of the Australian Communications and Media Authority Act 2005.

annual charge has the same meaning as in section 468 of the Act.

approved operation plan means an operation plan approved by the ACMA under section 24, 25 or 26 (including an amended operation plan or replacement operation plan).

ARBN has the same meaning as in the Corporations Act 2001.

area code: see section 10.

assigned unallocated smartnumber means a smartnumber for which there is an EROU‑holder, but which is not held by a carriage service provider.

call costs and enquiries (national and international) service means an operator service provided to an end‑user for giving information on making national and international calls.

calling number display override service means a carriage service with which a caller can block or unblock the display of the originating telephone number on the telephone used by the recipient of the call.

carriage service provider identification code means an access code identified in Schedule 6 as being for use with an interconnect and routing service.

charging district means an area listed as a charging district on the ACMA’s website at www.acma.gov.au.

Note: A charging district is a geographic district in Australia that includes standard zone units.

community service means a carriage service providing access to information or assistance of significant community value.

country code means a set of digits assigned by the International Telecommunication Union that:

 (a) indicates the country, group of countries or geographic area to which an international call is made; or

 (b) is used to identify a global service or international network.

customer means a person to whom a carriage service provider issues a number.

data network access service means a carriage service with which an end-user can gain access to a data network.

designated authority has the same meaning as in section 465 of the Act.

designated standard zone unit means a standard zone unit that is specified on the ACMA’s website as being at risk from a large allocation of numbers.

Note: The ACMA’s website is at www.acma.gov.au.

eligible local call has the same meaning as in section 106 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

emergency service organisation means an organisation providing a service mentioned in subsection 466(1) of the Act.

enhanced rights of use means the rights set out in section 66.

equivalent service: see section 102.

EROU applicant: see subsection 63(1).

EROU‑holder means the holder of the enhanced rights of use for a smartnumber.

escape code, for a private numbering scheme, means a single‑digit prefix used to indicate that the digits dialled following the escape code are for calls to end-users that are not part of the select group.

freephone number: see section 14.

freephone service means a carriage service where:

1.  a customer issued with a number is charged for calls to the number for the service; and

 (b) the number is provided to a customer to receive incoming calls but cannot be used to make outgoing calls; and

 (c) the call charge for calls made to the number for the service from a standard telephone service (other than a public mobile telecommunications service) is nil.

geographic number: see section 10.

holds: a carriage service provider holds a number if:

 (a) the number has been allocated to the carriage service provider or transferred to the carriage service provider; and

 (b) the number has not subsequently been transferred to another carriage service provider, surrendered or withdrawn.

incoming international assistance operator service means an operator service that:

 (a) provides assistance with the establishment of calls; and

 (b) provides information about the meaning of special tones and spoken announcements; and

 (c) is accessible by operators in countries other than Australia; and

 (d) is not accessible for calls originating in Australia.

incoming international delay operator service means an operator service that:

 (a) provides assistance with the establishment of calls for which there is an inherent set‑up delay; and

 (b) provides information about the meaning of special tones and spoken announcements; and

 (c) is accessible by operators in countries other than Australia; and

 (d) is not accessible for calls originating in Australia.

incoming international directory enquiries service means an operator service that:

 (a) provides assistance with finding the telephone number of an end-user of an Australian standard telephone service; and

 (b) is accessible by operators in countries other than Australia; and

 (c) is not accessible for calls originating in Australia.

incoming only international service means a carriage service:

 (a) by which incoming calls from outside Australia are routed to an Australian carriage service provider; and

 (b) for which access is not available for calls originating in Australia.

interconnect and routing service means a carriage service:

 (a) that enables a customer to select an alternative carriage service provider on a call-by-call basis; or

 (b) by which a particular carriage service provider operating a telecommunications network is identified, in the carriage of a call to a point of interconnection between telecommunication networks, as the next recipient network for carriage of the call.

internal network service means a carriage service that:

 (a) is only accessible by the carriage service provider; and

 (b) uses numbers that are translated to a different number as a way of applying certain features or facilities to the call.

internal review decision: see section 121.

international direct dial service means an international service with which the end‑user makes calls directly, without the assistance of an operator.

international directory assistance service means an operator service provided to an end-user to help find the number of a customer at a location outside Australia.

international faults and difficulties service means an operator service provided to a customer for dealing with faults and service difficulties relating to calls to destinations outside Australia.

international number means a number beginning with a country code, followed by:

 (a) a telephone number used in the area to which the country code relates (including any code used to indicate a smaller area within that area); or

 (b) a telephone number identifying a subscriber to a global service.

international ring back price service means an international service for which an end-user who has made and completed a call receives a call advising the end-user of the cost of the completed call.

international service means a carriage service with which an end-user is able to make calls to destinations outside Australia.

international signalling point code: see section 36.

internet of things data-only service means a carriage service that:

1.     is only accessible on the carriage service provider’s network;
2.     is used for consumer and enterprise connected internet of things devices and applications; and
3.     only requires access to data (internet protocol and non-internet protocol) services.

internet of things number means a special services number specified in Schedule 5 for use with an internet of things service or internet of things data-only service.

internet of things service means a carriage service that:

1.     is used for consumer and enterprise connected internet of things devices and applications; and
2.     requires the use of voice telephony and/or messaging services in addition to data (internet protocol and non-internet protocol services).

Note: An internet of things service or an internet of things data-only service is expected to be used for devices and objects with sensors, processing ability, software or other technologies that connect and exchange data with other devices and systems over the internet or other communication networks.

ITU means the International Telecommunications Union

Note:  The ITU’s website is www.itu.int.

local rate number: see section 16.

local rate service means a carriage service:

 (a) that is capable of voice telephony; and

 (b) that, for a call, involves the translation of the number dialled in making the call to a number that identifies a point of termination for the call; and

 (c) that is not a local service; and

 (d) that is provided for receiving incoming calls but cannot be used to make outgoing calls; and

 (e) for which:

1.      the call charge for calls made using a standard telephone service (other than a public mobile telecommunications service) is equal to, or less than, the call charge for local calls; and
2.    responsibility for the residual charge for calls (if any) lies with the person to whom the dialled number is issued.

local service means a carriage service that:

1.       is capable of voice telephony; and

2.       is provided for one or both of the following:

3.        receiving incoming calls at a location;

4.      making outgoing calls at a location;

where that location is:

1.     a fixed location at the premises occupied or used by a customer; or
2.     a flexible location.

low charge amount means the highest call charge for an eligible local call made using a standard telephone service, other than a public mobile telecommunications service, supplied by a primary universal service provider.

mobile carriage service provider means a carriage service provider that supplies or arranges for the supply of a public mobile telecommunications service.

mobile network code: see section 39.

mobile number: see section 18.  

mobile service means a public mobile telecommunications service supplied by a network using digital modulation techniques.

national and international operator call connection service means an operator service provided to assist a customer in making national and international calls.

number portability means the right of a customer receiving a service in relation to a portable number to change the carriage service provider involved in providing the service, the carrier network involved in providing the service, or both, and retain the same telephone number.

operator service means a carriage service provided by an operator or by means of:

(a) an automated voice response system; or

(b) another technology-based system.

optional service: see subsection 23(1).

originating access carriage service provider means a carriage service provider that provides access for connection by a customer to outgoing carriage services.

portable number means an allocated number that is used in connection with the supply of a portable service.

portable service means:

(a) a local service; or

(b) a freephone service; or

(c) a local rate service; or

(d) a public mobile telecommunications service other than a satellite telephone service.

ported, in relation to a number issued to a customer for a portable service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive a portable service using the number.

primary universal service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

private numbering scheme means a feature, offered as part of a carriage service, by which:

 (a) a customer of a carriage service provider may establish a series of numbers intended for use by a select group of telephone users; and

 (b) a telephone user in the group may make calls to other users in the group by dialling the established numbers.

Note: Arrangements supporting private numbering plans, including the ability to make calls to numbers established under a plan, may also exist without being part of the supply of a carriage service (e.g. a private network established by a PABX). Those arrangements are not covered by the definition of private numbering scheme.

public safety number means a special services number specified in Schedule 5 for use with a public safety service.

public safety service means a carriage service that is used by a recognised person who operates an emergency call service, as defined in section 19 of the Act, to assist them in the delivery of that service.

registered carriage service provider means a carriage service provider registered under section 114.

registered industry code means an industry code included in the Register that ACMA is required to maintain under section 136 of the Act.

register of smartnumbers: see section 68.

reviewable decision: see section 119.

routing responsibility: see subsection 104(2).

satellite telephone service means a carriage service with which end-users make and receive calls via a satellite‑based facility.

scam communication means any communication to a number that has been generated for the purpose of dishonestly obtaining a benefit, or causing a loss, by deception or other means, including but not limited to a communication made through:

 (a) a voice telephony service; or

 (b) a short message service.

signalling point means a node in a network that performs either or both of the following functions:

 (a) originating and receiving signalling messages;

 (b) transferring signalling messages from one signalling link to another signalling link.

signalling point operator means a registered carriage service provider that:

 (a) wishes to operate a signalling point that has at least 1 message transfer part in the international signalling network; or

 (b) already operates a signalling point of that kind.

smartnumber means:

 (a) a freephone number that is specified, as mentioned in subsection 47(2), to be a freephone number that is a smartnumber; or

 (b) a local rate number that is specified, as mentioned in subsection 47(2), to be a local rate number that is a smartnumber.

special services number: see section 21.

specified for use:

 (a) in relation to a geographic number—see subsection 11(4); and

 (b) in relation to a special services number—see subsection 22(2); and

 (c) in relation to an access code—see subsection 29(3).

standard unit, in relation to a type of number, means a contiguous block of numbers in sequence, containing the quantity of numbers listed in Schedule 7 for that type of number.

standard zone unit means an area listed as a standard zone unit on the ACMA’s website.

Note 1: A standard zone unit is used by carriage service providers to determine whether a call from a standard telephone service is a local call charged on an untimed basis or a long distance call charged on a timed basis based (at least in part) on the distance between calling and called parties. For this purpose it is identified by reference to a charging point with a specified latitude and longitude that lies within the area of the standard zone unit.

Note 2:  The ACMA’s website is at www.acma.gov.au.

testing service means a carriage service with which an end‑user tests features of a telephone or a carriage service provider’s network.

Example: A demonstration of the different tones used by a carriage service provider’s network (such as a ring tone or busy tone).

trade, for enhanced rights of use for a smartnumber, means trade (within the ordinary meaning of that expression), license, sell or otherwise deal with the enhanced rights of use attached to the smartnumber.

unassigned unallocated smartnumber means a smartnumber for which there is not an EROU‑holder and which is not held by any carriage service provider.

virtual private network service means a carriage service with which an end‑user can gain access to a virtual private network.

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australia;

(b) carriage service;

(c) carriage service provider;

(d) carrier;

(e) directory assistance service;

(f) emergency service number;

(g) facility;

(h) public mobile telecommunications service.

6  References to other instruments

  In this instrument, unless the contrary intention appears:

 (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument is a reference to that other instrument as in force or existing from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: See section 589 of the Act.

7  Regard to be had to objects and other matters

  In interpreting and making decisions under this instrument, regard is to be had to:

 (a) the objects of the Act; and

 (b) the desirability of ensuring consistency with the object of Part XIC of the Competition and Consumer Act 2010 (telecommunications access regime); and

 (c) the desirability of ensuring that the management of numbers under this instrument is carried out in a way that is consistent with the requirements of other instruments made under the Act.

Chapter 2—Numbers for use

8  Numbers for use—public

(1) For subsection 455(3) of the Act, the numbers that are for use in connection with the supply of carriage services to the public in Australia are the following:

1.       geographic numbers;
2.       freephone numbers;
3.       local rate numbers;
4.       mobile numbers; 
5.       emergency service numbers;
6.        special services numbers specified for use with:

(i) a community service; or

(ii) a data network access service; or

(iii) directory assistance services within the meaning of the Act; or

(iv) an internet of things service; or

(v) a national and international operator call connection service; or

(vi) an operator service (of any kind); or

(vii) a public safety service; or

(viii) a satellite telephone service. 

1.       access codes;
2.       international numbers;
3.        private numbers;
4.        international signalling point codes;
5.       mobile network codes.

(2) No other number may be used in connection with the supply of carriage services to the public in Australia.

9  Numbers for use—non‑public

  Numbers that are not referred to in section 8 but are otherwise referred to in this instrument, and numbers that are not specified in this instrument, may be used in connection with the supply of carriage services other than to the public.

Chapter 3—Specification of telephone numbers

Part 1—Geographic numbers

10  Definition of geographic number

A geographic number is a 10‑digit number with the following components:

(a) a 2 digit area code set out in column 1 of an item in a table in Schedule 1;

(b) an 8 digit local number beginning with the digit or digits listed in the item after the area code.

11  Use of geographic numbers

 (1) A geographic number may be used only in connection with the supply of a local service.

 (2) This section does not prevent a number other than a geographic number being used in connection with the supply of those services.

 (3) A geographic number allocated to a standard zone unit must only be used in connection with the supply of a carriage service:

 (a) that terminates calls to the number at a location in the standard zone unit; or

 (b) for which the call charge for the calls is worked out as if the calls were terminated at a location in the standard zone unit.

Note: A carriage service provider generally relies on information contained in a geographic number to find out the location of the service being called for the purpose of working out the charge for a call. Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 contains requirements about charging for local calls.

 (4) A geographic number is specified for use in relation to a standard zone unit if the standard zone unit is:

 (a) mentioned for the number in column 2 of Schedule 1; or

 (b) included in a charging district mentioned for the number in column 2 of Schedule 1.

 (5) Geographic numbers must be used in connection with the supply of carriage services in a way consistent, as far as practicable, with the existing patterns of use, including patterns corresponding to areas where geographic numbers with the same first 6 digits have been issued.

12  Notice of geographic number that may terminate in different locality

 (1) This section applies to a carriage service provider if:

 (a) the carriage service provider offers to supply a local service using a geographic number; and

 (b) calls made to the service may not terminate in the standard zone unit for which the number is allocated; and

 (c) there is not a registered industry code that applies to the carriage service provider setting out the information that must be provided to a potential customer in relation to the use of a geographic number for services provided at a location outside of the standard zone unit for which the number was allocated.

 (2) The carriage service provider must, at the time of offering to supply the service, give written notice to all potential customers that:

 (a) if the customer is located outside the standard zone unit for which the geographic number issued to the customer was allocated, calls to the number will be charged as if the customer was located within the standard zone unit; and

 (b) the customer may not be able to port the number to another carriage service provider.

 (3) If the internet is used to make the offer, the carriage service provider must ensure that the notice under subsection (2) is prominently displayed on the primary webpage used to make the offer in legible text with a font size of at least 10 points, written in plain English.

 (4) At the time of entering into an arrangement with a customer for supply of the service, the carriage service provider must obtain an acknowledgement from the customer that the customer understands the service may be limited as described in the notice.

13  Use of local numbers

  If a local number is dialled from a carriage service supplied using a geographic number (the originating service), the originating access carriage service provider for the call must treat the local number as if it were a geographic number having the same area code as the area code of the originating service.

Part 2—Freephone, local rate and mobile numbers

Division 1—Freephone numbers

14  Definition of freephone number

A freephone number is a number:

 (a) beginning with the digits set out in column 1 of an item in the table in Schedule 2; and

15  Use of freephone numbers

 (1) A freephone number may be used only for a freephone service.

 (2) If an item in the table in Schedule 2 has “No” in column 3, a freephone number identified in columns 1 and 2 of the item must not be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

 (3) If an item in the table in Schedule 2 has “Yes” in column 3, a freephone number identified in columns 1 and 2 of the item may be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

Division 2—Local rate numbers

16  Definition of local rate number

A local rate number is a number:

 (a) beginning with the digits set out in column 1 of an item in the table in Schedule 3; and

17  Use of local rate numbers

 (1) A local rate number may be used only for a local rate service.

 (2) If an item in the table in Schedule 3 has “No” in column 3, a local rate number identified in columns 1 and 2 of the item must not be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

 (3) If an item in the table in Schedule 3 has “Yes” in column 3, a local rate number identified in columns 1 and 2 of the item may be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

 (4) A local rate number beginning with “1345” may be used only for monitoring security alarms.

Division 3 – Mobile numbers

18  Definition of mobile number 

A mobile number is a number:

1.     beginning with the digits set out in column 1 of an item in the table of Schedule 4; and
2.     with the number of digits set out in column 2 of the item.

19  Use of mobile numbers

1.     Subject to subsection (2), a mobile number may only be used for:

(a) a mobile service; or

(b) a service which is not permitted to use any other kind of number referred to in Chapter 2.

Note: See also section 128.

1.            Despite subsection (1) a mobile number may be used for any service, if:
2.       the number was in use immediately before the commencement of this section;
3.       that use would not have contravened the Telecommunications Numbering Plan 2015; and
4.       there is no change to the kind of service for which the number is used.
5.     If an item in the table in Schedule 4 has “No” in column 3, a mobile number identified in columns 1 and 2 of the item must not be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.
6.     If an item in the table in Schedule 4 has “Yes” in column 4, a mobile number identified in columns 1 and 2 of the item may be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

Part 3—Emergency service numbers

20  Emergency service numbers

  For subsection 466(2) of the Act, “000”, “106” and “112” are emergency service numbers.

Note 1: The general emergency service number is “000”. The number “106” is for use with teletypewriters (TTYs) and “112” is an alternative available for mobile phones.

Note 2: Section 147 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 requires the ACMA to make a determination imposing requirements in relation to emergency call services.

Part 4—Special services numbers

21  Definition of special services number

A special services number is a number:

(a) beginning with the digits set out in column 1 of an item in a table in Schedule 5; and

22  Use of special services numbers

 (1) A special services number identified in columns 1 and 2 of an item in a table in Schedule 5 may be used only for a type of carriage service mentioned in column 3 of the item.

 (2) A special services number is specified for use with a type of service if the type of service is mentioned for the number in column 3 of a table in Schedule 5.

 (3) Despite subsection (1), a special services number that is also an access code specified for use with an incoming only international service may be used for both purposes.

Note: See section 29 and Schedule 6 for specification of the use of access codes. The same number can be used for both purposes because one use will be for calls originating in Australia and the other will be for calls made from outside Australia.

Incoming international access

 (4) If an item in a table in Schedule 5 has “No” in column 4, a special services number identified in columns 1 and 2 of the item must not be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

 (5) If an item in a table in Schedule 5 has “Yes” in column 4, a special services number identified in columns 1 and 2 of the item may be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

Low charge numbers

 (6) If an item in a table in Schedule 5 has “Yes” in column 5, subsection (7) applies to calls made by a customer to a special services number identified in columns 1 and 2 using a standard telephone service other than a public mobile telecommunications service.

 (7) The charge for a call, disregarding any optional discounts and surcharges:

 (a) must be worked out by reference to the number of calls made during a particular period, regardless of how long each call lasted; and

 (b) must not be more than the low charge amount.

23  Use of 1223 for operator services on carriage service with price control arrangements

 (1) A carriage service provider may only use the number “1223” in connection with the supply of an operator service other than a directory assistance service (an optional service) in response to calls made using a carriage service:

 (a) that is not a public mobile telecommunications service; and

 (b) the charge for which is subject to the price control arrangements specified in a determination made by the Minister under subsection 154(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999;

if the optional service is provided in accordance with an approved operation plan.

 (2) An operation plan must set out arrangements to ensure the following outcomes:

 (a) that the carriage service provider will continue to supply a directory assistance service;

 (b) that the supply of optional services on “1223” will not diminish access to, or the supply of, the directory assistance service;

 (c) that consumers will be adequately informed about the availability of the optional service and any charges applicable to the supply of the optional service.

24  Approval of operation plan

 (1) A carriage service provider may apply to the ACMA for approval of an operation plan in relation to the provision of an optional service.

 (2) Before making an application, the carriage service provider must consult about the provision of the optional service with consumer organisations that are appropriate to the circumstances in which, and the customers to whom, the carriage service provider proposes to supply the optional service.

 (3) The application must be in a form approved by the ACMA and be accompanied by:

  (a) a copy of the operation plan; and

 (b) a documented record of the consultations undertaken.

 (4) The ACMA must make a decision to approve or not to approve the operation plan no later than 60 business days after receiving the application.

 (5) The ACMA may ask the carriage service provider, in writing, to give it further information about matters relevant to the application to assist it to consider the application.

 (6) The 60 business days mentioned in subsection (4) do not include a period:

 (7) In considering the application, the ACMA must have regard to the opinion of each consumer organisation that the carriage service provider has consulted about the provision of the optional service.

 (8) The ACMA may have regard to any matter that the ACMA considers relevant.

 (9) The ACMA must not approve the operation plan if:

 (a) it is not satisfied that the operation plan sets out appropriate arrangements for ensuring the outcomes set out in subsection 23(2); or

 (b) it is not satisfied that the operation plan is consistent with the objects of the Act; or

 (c) it is not satisfied that the carriage service provider has had adequate consultations with appropriate consumer organisations about the provision of the optional service.

 (10) The ACMA must notify the carriage service provider of its decision in writing.

 (11) If the ACMA does not make a decision within the period required under subsection (4), the ACMA is taken to have made a decision to refuse the application.

25  Amendment or replacement of operation plan on application by carriage service provider

 (1) A carriage service provider that has an approved operation plan in relation to the supply of an optional service may apply to the ACMA for approval of:

 (a) an amendment of the approved operation plan; or

 (b) a replacement operation plan.

 (2) The application must be in a form approved by the ACMA and be accompanied by a copy of the proposed amendment or replacement operation plan.

 (3) The ACMA must make a decision to approve or not to approve the amendment or the replacement operation plan no later than 60 business days after receiving the application.

 (4) The ACMA may ask the carriage service provider, in writing, to give it further information about matters relevant to the application to assist it to consider the application.

 (5) The 60 business days mentioned in subsection (3) do not include a period:

 (6) The ACMA must not approve the amendment or replacement operation plan if:

 (a) it is not satisfied that the arrangements in the amended operation plan or replacement operation plan will be more effective than the arrangements in the current approved operation plan in ensuring the outcomes mentioned in subsection 23(2); or

 (b) it is not satisfied that the amended operation plan or replacement operation plan is consistent with the objects of the Act.

 (7) The ACMA must notify the carriage service provider of its decision in writing.

 (8) If the ACMA does not make a decision within the period required under subsection (3), the ACMA is taken to have made a decision to refuse the application.

26  Amendment or replacement of operation plan at ACMA’s direction

 (1) The ACMA may, in writing, direct a carriage service provider that has an approved operation plan in relation to the supply of an optional service:

 (a) to amend the approved operation plan in a way set out in the direction; or

 (b) to replace the approved operation plan with an operation plan set out in the direction.

 (2) However, the ACMA must not give a direction under subsection (1) unless it is satisfied that the arrangements in the amended operation plan or replacement operation plan will be more effective than the arrangements in the current operation plan in ensuring the outcomes mentioned in subsection 23(2).

 (3) If the carriage service provider gives the ACMA an amended operation plan or replacement operation plan that the provider believes complies with a direction given under subsection (1), the ACMA must decide no later than 60 business days after receiving the plan whether the carriage service provider has complied with the direction.

Note: A carriage service provider is not required to comply with the direction, and may instead decide to cease supplying the optional service.

 (4) If the ACMA is satisfied that the carriage service provider has complied with the direction, the ACMA must approve the amended operation plan or replacement operation plan.

 (5) The ACMA must notify the carriage service provider of its decision in writing.

 (6) If the ACMA does not make a decision within the period required under subsection (3), the ACMA is taken to have made a decision under subsection (4) that the carriage service provider has not complied with the direction.

 (7) The ACMA may ask the carriage service provider, in writing, to give it further information to assist it to consider the amended operation plan or replacement operation plan.

 (8) The 60 business days mentioned in subsection (3) do not include a period:

 (9) If the ACMA gives a carriage service provider a direction under subsection (1), and an amended operation plan or replacement operation plan is not approved at the end of the period of 120 days beginning on the day the direction is given, the current operation plan is taken to no longer be approved.

27  Cessation of service under operation plan

 (1) If a carriage service provider that has an approved operation plan in relation to the supply of an optional service intends to cease the supply of the service, the carriage service provider must notify the ACMA, in writing, of its intention as soon as practicable and before ceasing to supply the service.

 (2) The notification must include the likely date on which the carriage service provider will cease to supply the service.

Part 5—Access codes

28  Definition of access code

An access code is a number:

 (a) beginning with the digits set out in column 1 of an item in a table in Schedule 6; and

29  Use of access codes

 (1) An access code identified in columns 1 and 2 of an item in a table in Schedule 6 may be used only for a type of carriage service mentioned in column 3 of the item.

 (2) The access code may be used only as a prefix to a type of number mentioned in column 4 of the item.

 (3) An access code is specified for use with a type of service if the type of service is mentioned for the access code in column 3 of a table in Schedule 6.

 (4) Despite subsection (1), a carriage service provider identification code may also be used:

 (a) to identify a telecommunications network; or

 (b) to interconnect routing of a call between carriage service providers;

without being dialled, and may prefix an address digit for routing a call across a point of interconnection.

 (5) Despite subsection (1), an access code that is specified for use with an incoming only international service that is also a special services number specified for use with a type of service may be used for both purposes.

Note: See section 22 and Schedule 5 for specification of the use of special services numbers. The same number can be used for both purposes because one use will be for calls originating in Australia and the other will be for calls made from outside Australia.

30  Charge for call to international freephone numbers

  The charge, disregarding any optional discounts and surcharges, for a call using the access code “0011” followed by the digits “800”:

 (a) must be worked out by reference to the number of calls made during a particular period, regardless of how long each call lasted; and

 (b) must not be more than the low charge amount.

Part 6—Shared numbers

31  Definition of shared number and selectable shared number

 (1) A number is a shared number if:

 (a) it is a special services number identified in an item in the table in clause 2 of Schedule 5; or

 (b) it is an access code identified in an item in the table in clause 2 of Schedule 6.

 (2) If an item in the table in clause 2 of Schedule 5 has “Yes” in column 6, a special services number identified in columns 1 and 2 of the item is a selectable shared number.

32  Use of shared numbers

 (1) The requirements of Part 4 apply to special services numbers that are shared numbers, and the requirements of Part 5 apply to access codes that are shared numbers.

 (2) A shared number may be used by a carriage service provider without being allocated.

Note:  A shared number must not be allocated: see subsections 47(5) and 53(3).

Chapter 4—Private numbering schemes

33  Restrictions on use do not apply to use in private numbering scheme

(1) Despite anything in Chapter 3, a number may be used in a private numbering scheme if it is:

 (a) a geographic number;

 (b) a local number;

 (c) a mobile number;

 (d) a special services number; or

 (e) an access code.

(2) An emergency service number must not be used in a private numbering scheme.

34  Private numbering scheme with escape code

  If a private numbering scheme has an escape code, a number used in the private numbering scheme must not begin with the escape code.

35  Private numbering scheme without an escape code

 (1) This section applies to a private numbering scheme that does not have an escape code.

 (2) If a number used in the private numbering scheme starts with “0” or “1”, the originating access carriage service provider for a call to the number must not treat the call as a call to a special services number.

 (3) If a number used in the private numbering scheme starts with “2”, “3”, “4”, “5”, “6”, “7”, “8” or “9”, the number must not have more than 8 digits.

 (4) Subsections (2) and (3) do not apply to a number issued to a customer if:

 (a) the number was issued at the customer’s request; and

 (b) before the number was issued, the carriage service provider holding the number told the customer, in writing, that use of the number in a private numbering scheme would be likely to affect the ability of end‑users in the scheme to use the number in connection with the supply of other carriage services specified in this instrument; and

 (c) the number is not an access code that is specified for use with a calling number display override service; and

 (d) the number is not a number that has been issued to an emergency service organisation.

Chapter 5—International signalling point codes and mobile network codes

Part 1—International signalling point codes

36  Definition of international signalling point code

  An international signalling point code is a 5‑digit number with the following components:

 (a) a 4‑digit signalling area network code that has been allocated to the ACMA by the ITU;

 (b) a single digit between 0 and 7 (inclusive);

other than a special services number or an access code.

Note:  For the definitions of special services number and access code, see sections 21 and 28, which refer to Schedules 5 and 6.

37  Application for allocation of international signalling point code

 (1) A registered carriage service provider that is a signalling point operator may apply to the ACMA under this section for the allocation of an international signalling point code.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (5) The registered carriage service provider must tender the amount of charge (if any) imposed on the allocation of the international signalling point code by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

38  Decision on application

 (1) The ACMA may approve an application made by a registered carriage service provider under section 37 if the ACMA is satisfied that it is appropriate to do so in all the circumstances.

 (2) In considering whether it is appropriate in all the circumstances to approve an application, the ACMA must take the following into account:

 (a) whether allocation of the international signalling point code to the registered carriage service provider would be consistent with the requirements of an international agreement that is relevant to the allocation; and

 (b) if the international signalling point code to which the application relates has previously been withdrawn under section 43—whether the allocation of the code will take effect at least 6 months after the withdrawal.

Note: In 2025, ITU‑T Recommendation Q.708 Assignment procedures for international signalling point codes was an example of a relevant international agreement for paragraph (a).

 (3) The ACMA may take into account any other matter that it considers relevant.

 (4) If the ACMA approves an application, the ACMA must allocate the international signalling point code to the registered carriage service provider.

 (5) The ACMA must notify the registered carriage service provider of the international signalling point code that has been allocated and the date of allocation.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the allocation of the international signalling point code and the date of allocation.

 (7) If the ACMA decides not to approve the application, the ACMA must notify the registered carriage service provider of its decision.

 (8) Subject to subsection (9), if the ACMA does not inform the applicant of its decision within 60 business days of an application made under section 37, the ACMA is taken to have made a decision under subsection 38(7) to refuse the application.

 (9) The ACMA may seek further information from the applicant about an application made under section 37, and if the ACMA does not inform the applicant of the ACMA’s decision on the application within 60 business days of receiving the further requested information, the ACMA is taken to have made a decision under subsection 38(7) to refuse the application.

Part 2—Mobile network codes

39  Definition of mobile network code

  A mobile network code is a 2‑digit number or a 3‑digit number that is for use as one component of an international mobile subscriber identity (IMSI).

40  Application for allocation of mobile network code

 (1) A registered carriage service provider may apply to the ACMA under this section for the allocation of a mobile network code.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (5) The registered carriage service provider must tender the amount of charge (if any) imposed on the allocation of the mobile network code by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

41  Decision on application

 (1) The ACMA may approve an application made by a registered carriage service provider under section 40 if the ACMA is satisfied that it is appropriate to do so in all the circumstances.

 (2) In considering whether it is appropriate in all the circumstances to approve an application, the ACMA must take into account whether allocation of the mobile network code to the registered carriage service provider would be consistent with the requirements of an international agreement that is relevant to the allocation.

Note: In 2025, ITU‑T Recommendation E.212 The international identification plan for public networks and subscriptions was an example of a relevant international agreement.

 (3) The ACMA may take into account any other matter that it considers relevant.

 (4) If the ACMA approves an application, the ACMA must allocate the mobile network code to the registered carriage service provider.

 (5) The ACMA must notify the registered carriage service provider of the mobile network code that has been allocated and the date of allocation.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the allocation of the mobile network code and the date of allocation.

 (7) If the ACMA decides not to approve the application, the ACMA must notify the registered carriage service provider of its decision.

 (8) Subject to subsection (9), if the ACMA does not inform the applicant of its decision within 60 business days of an application made under section 40, the ACMA is taken to have made a decision under subsection 41(7) to refuse the application.

 (9) The ACMA may seek further information from the applicant about an application made under section 40, and if the ACMA does not inform the applicant of the ACMA’s decision on the application within 60 business days of receiving the further requested information, the ACMA is taken to have made a decision under subsection 41(7) to refuse the application.

Part 3—Transfer, surrender and withdrawal of international signalling point codes and mobile network codes

42  Transfer of codes

 (1) A carriage service provider that holds an international signalling point code or a mobile network code:

 (a) may only transfer the code to a registered carriage service provider; and

 (b) must not transfer the code other than in the case of a transfer of business involving the providers.

 (2) The ACMA must be given notice of the transfer in a form approved by the ACMA.

 (4) The notice of transfer must be accompanied by the charge (if any) in relation to the notice fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (5) The transfer of the international signalling point code or the mobile network code takes effect when the ACMA acknowledges receipt of the completed notice of transfer.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the transfer of the code and the date of transfer.

43  Withdrawal of codes

 (1) The ACMA may withdraw an international signalling point code or a mobile network code held by a carriage service provider if the ACMA is satisfied that:

 (a) withdrawal is appropriate in all the circumstances; and

 (b) withdrawal is consistent with Australia’s obligations under an international agreement that is relevant to the withdrawal.

 (2) If the ACMA decides to withdraw an international signalling point code or a mobile network code held by a carriage service provider, the ACMA must notify the carriage service provider of its decision.

 (3) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the withdrawal of the code and the date of withdrawal.

Note: The ACMA may also withdraw an international signalling point code or a mobile network code under section 84 or 86.

44  Application to surrender codes

 (1) A carriage service provider that holds an international signalling point code or a mobile network code may apply to the ACMA to surrender the code if no carriage service is being provided using the code.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

45  Decision on application to surrender codes

  The ACMA must make a decision on an application made by a carriage service provider under section 44 no later than 10 business days after receiving the application.

46  Notice of decision

 (1) As soon as practicable after making a decision on an application by a carriage service provider under section 45, the ACMA must notify the carriage service provider of the decision in writing.

 (b) if the ACMA is not the designated authority—notify the designated authority of the codes surrendered and the date of surrender.

 (4) If the ACMA does not make a decision within the period required under section 45, the ACMA is taken to have made a decision under section 45 to refuse the application.

Chapter 6—Allocation of numbers

Part 1—Numbers able to be allocated

47  ACMA to list numbers able to be allocated

 (1) For each of the following types of number, the ACMA must create a list of the numbers of that type that are able to be allocated:

 (a) geographic numbers;

 (b) freephone numbers;

 (c) local rate numbers;

(d) mobile numbers

 (e) special services numbers;

 (f) access codes.

 (2) The lists of freephone numbers and local rate numbers must specify, for each number, whether the number is a smartnumber.

 (3) The ACMA must make the list for each type of number available to the public.

 (4) The ACMA:

 (a) may list a number that is held by a carriage service provider; and

 (b) is not required to list a number that has not been allocated.

Note 1: If a number that is held by a carriage service provider is listed, it may be reallocated after it has been surrendered or withdrawn (subject to any business rules about continuing to list such a number).

Note 2: Numbers that are not allocated and are not listed are reserved for allocation at some point in the future.

 (5) The ACMA must not list a shared number.

Part 2—Standard procedure for allocation of numbers

48  Application for allocation of numbers

 (1) A registered carriage service provider may apply to the ACMA under this section for the allocation of a number that:

 (a) is listed by the ACMA under section 47 as available for allocation; and

 (b) is not held by a carriage service provider; and

 (c) if the number is a smartnumber—is an assigned unallocated smartnumber.

Note:  An assigned unallocated smartnumber is a smartnumber for which there is an EROU‑holder, but which is not allocated under section 51: see section 5.

 (2) A registered carriage service provider may also apply to the ACMA under this section for the allocation of a number that:

 (a) is any of the following:

1.        a freephone number that is not a smartnumber;
2.      a local rate number that is not a smartnumber;

and

 (b) is held by the carriage service provider; and

 (c) was allocated with effect for 14, 30 or 90 days.

 (3) However, a registered carriage service provider may not apply if:

 (a) the registered carriage service provider is liable to pay an annual charge or a late payment penalty; and

 (b) it is at least 3 months after the annual charge became due or the liability to pay the late payment penalty arose; and

 (c) the annual charge or late payment penalty is unpaid.

 (4) The application must be in a form approved by the ACMA.

 (5) Strict compliance with the approved form is required.

 (6) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (7) The registered carriage service provider must tender the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

 (8) An application is not complete unless it satisfies the requirements of this section and section 49.

49  Application for allocation of numbers—additional requirements

 (1) This section sets out additional requirements for an application under section 48 for an allocation of a number.

 (2) An application for a type of number must be for a multiple of standard units of that number.

Note: For the definition of standard unit, see section 5. The quantity of numbers in a standard unit, which depends on the type of number, is set out in Schedule 7.

 (3) An application for geographic numbers:

 (a) must state the standard zone unit for which the numbers are requested; and

 (b) if the application identifies the numbers that the registered carriage service provider wishes to be allocated—must be for numbers that are specified for use in that standard zone unit.

 (4) An application for a special services number or an access code:

 (a) must specify the type of service for which the number is requested; and

 (b) if the application identifies the number or numbers that the registered carriage service provider wishes to be allocated—must be for a number or numbers that are specified for use with that type of service.

 (5) An application for:

 (a) a freephone number that is not a smartnumber; or

 (b) a local rate number that is not a smartnumber;

must specify the period of allocation being applied for, in accordance with subsections (6) to (9).

 (6) If the registered carriage service provider does not hold the number, the application may be for an allocation for 14 days, an allocation for 90 days or an allocation without a time limit.

 (7) If the registered carriage service provider holds the number and it was allocated with effect for 14 days, the application may be for:

 (a) if the previous allocation was the first allocation of the number to the carriage service provider—an allocation for 14 days; or

 (b) an allocation for 90 days; or

 (c) an allocation without a time limit.

 (8) If the registered carriage service provider holds the number and it was allocated with effect for 90 days, the application may be for an allocation for 30 days or an allocation without a time limit.

 (9) If the registered carriage service provider holds the number and it was allocated with effect for 30 days, the application must be for an allocation without a time limit.

50  Decision on application

 (1) The ACMA must approve an application made by a registered carriage service provider under section 48 if:

 (a) the application is complete; and

 (b) none of the grounds set out in this section for not approving the application apply.

 (2) If the ACMA receives more than one application for allocation of the same number, the ACMA must:

 (a) make a decision on the applications in the order that the applications were received; and

 (b) if it approves an application—not approve any later applications.

 (3) The ACMA must not approve an application for the allocation of a carriage service provider identification code if the registered carriage service provider holds a carriage service provider identification code that was allocated on or after 5 September 2013, unless the ACMA is satisfied that special circumstances justify the allocation of the code.

 (4) Subsection (3) does not apply to a registered carriage service provider if there is a registered industry code that applies to the registered carriage service provider that the ACMA has declared is a replacement code for the purposes of this subsection.

 (5) If the ACMA decides not to approve an application for the allocation of a carriage service provider identification code, the ACMA must give written notice of the decision to the registered carriage service provider concerned.

 (6) Despite subsections 48(6) and (7), the ACMA may regard an application as complete for the purposes of subsection (1) if:

 (a) the ACMA has determined in writing that this subsection applies to the registered carriage service provider; and

 (b) the ACMA has not revoked the determination.

51  Allocation of numbers

 (1) If the ACMA approves an application made by a registered carriage service provider under section 48 that identifies the number or numbers that the registered carriage service provider wishes to be allocated, the ACMA must allocate those numbers to the registered carriage service provider.

 (2) If the ACMA approves an application that does not identify the number or numbers that the registered carriage service provider wishes to be allocated, the ACMA may select the number or numbers to allocate from the numbers that:

 (a) are numbers of the type to which the application relates; and

 (b) are listed under section 47 as numbers that are able to be allocated; and

 (c) are not already held by a carriage service provider; and

 (d) in the case of geographic numbers—are specified for use in relation to the standard zone unit to which the application relates; and

 (e) in the case of special services numbers or access codes—are specified for use with the type of service to which the application relates.

 (3) An allocation under subsection (1) or (2) may be made subject to conditions.

 (4) The ACMA may decide to allocate a number from a specified day or until a specified day.

 (5) The ACMA must notify the registered carriage service provider, in writing, of:

 (a) the numbers that have been allocated; and

 (b) the date of allocation; and

 (c) if applicable—the date the allocation will end; and

 (d) any conditions to which the allocation is subject.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority, in writing, of the matters mentioned in subsection (5).

52  Particular matters relating to allocation of freephone and local rate numbers

 (1) This section applies to the allocation of the following kinds of numbers under section 51 (when the ACMA approves an application made by a registered carriage service provider under section 48):

 (a) a freephone number that is not a smartnumber;

 (b) a local rate number that is not a smartnumber.

 (2) If the application was for an allocation for a set period of time, the ACMA must allocate the number for that period.

 (3) If the application was for an allocation without a time limit:

 (a) the ACMA must not specify a day that the allocation ends; and

 (b) the number must be allocated subject to a condition that the number must be issued to a customer or used by the registered carriage service provider no later than 5 business days after the date of the notice under subsection 51(5); and

 (c) the notice must state that if the number is not issued or used the ACMA may withdraw the number.

Part 3—Application for allocation of numbers in special circumstances

53  Application for allocation of numbers

 (1) A registered carriage service provider may apply to the ACMA under this section for the allocation of a number or numbers if:

 (a) the number or numbers have not been listed by the ACMA under section 47 as available for allocation; or

 (b) the application is not for a multiple of standard units of the type of number applied for.

Note: For the definition of standard unit, see section 5. The quantity of numbers in a standard unit, which depends on the type of number, is set out in Schedule 7.

 (2) However, a registered carriage service provider may not apply if:

 (a) the registered carriage service provider is liable to pay an annual charge or a late payment penalty; and

 (b) it is at least 3 months after the annual charge became due or the liability to pay the late payment penalty arose; and

 (c) the annual charge or late payment penalty is unpaid.

 (3) A registered carriage service provider may not apply for the allocation of a shared number.

 (4) The application must be in a form approved by the ACMA.

 (5) An application for a freephone number or a local rate number must specify whether it is for:

 (a) an allocation for 14 days; or

 (b) an allocation for 90 days; or

 (c) an allocation without a time limit.

 (6) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (7) The registered carriage service provider must tender the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

54  Decision on application

 (1) The ACMA must make a decision to approve or not to approve an application made by a registered carriage service provider under section 53 no later than 60 business days after receiving the application.

 (2) Unless subsection 54(3) applies, the ACMA may approve an application if the ACMA is satisfied that it is appropriate to do so in all the circumstances.

(3) Subject to subsection (4), if the application relates to a freephone or local rate number and is made:

(a)      by the registered carriage service provider that was the last registered carriage service provider who held the number; and

(b)      for the purpose of issuing the number to the customer that was the last customer to whom the number was issued;

the ACMA must approve the application.

 (4) However, the ACMA must decide not to approve an application that identifies the number or numbers that the registered carriage service provider wishes to be allocated if:

 (a) the identified numbers are not numbers of the type to which the application relates; or

 (b) the identified numbers are held by a carriage service provider.

 (5) If the ACMA receives more than one request for allocation of the same number, the ACMA must make a decision on the requests in the order that the requests were received, unless the circumstances in subsection (3) apply.

 (6) Despite subsections 53(6) and (7), the ACMA may regard an application as complete for the purposes of subsection (1) if the circumstances in subsection 54(3) apply and:

(a)      the ACMA has determined in writing that this subsection applies to the registered carriage service provider; and

(b)      the ACMA has not revoked the determination.

 (7) If the ACMA does not make a decision within the period required under subsection (1), the ACMA is taken to have made a decision to refuse the application under subsection (1).

55  Matters to take into account

 (1) In considering under subsection 54(2) whether it is appropriate in all the circumstances to approve an application made by a registered carriage service provider under section 53, the ACMA must take the following into account:

 (a) the efficient use of a number, to enable future requirements for numbers to be met at the least cost to carriage service providers and customers;

 (b) the desirability of promoting access by end‑users to a range of carriage services and carriage service providers;

 (c) the desirability of promoting flexible management by carriage service providers of any expansion in the use of numbers in connection with the supply of the carriage service for which the number is to be allocated;

 (d) the objects of this instrument.

 (2) The ACMA may take into account any other matter that it considers relevant.

56  ACMA may ask for further information

 (1) The ACMA may, in writing, ask a registered carriage service provider who has made an application under section 53 to give the ACMA further information about matters relevant to the application to assist it to consider the application.

 (2) The 60 business days mentioned in subsection 54(1) do not include a period:

 (a) starting when the ACMA asks the registered carriage service provider for further information; and

 (3) The registered carriage service provider must give the further information to the ACMA in writing unless the ACMA specifies in the request another form in which the information must be received.

 (4) If the registered carriage service provider does not give the ACMA the further information within the period of 40 business days after the ACMA’s request, the registered carriage service provider is taken to have withdrawn the application.

57  Notice that application has not been approved

  If the ACMA decides not to approve an application made by a registered carriage service provider under section 53, the ACMA must notify the registered carriage service provider in writing.

58  Allocation of numbers

 (1) If the ACMA approves an application made by a registered carriage service provider under section 53 that identifies the number or numbers that the registered carriage service provider wishes to be allocated, the ACMA must allocate those numbers to the registered carriage service provider.

 (2) If the ACMA approves an application that does not identify the number or numbers that the registered carriage service provider wishes to be allocated, the ACMA may select the number or numbers to allocate from the numbers that:

 (a) are numbers of the type to which the application relates; and

 (b) are not held by a carriage service provider; and

 (c) in the case of geographic numbers—are specified for use in the standard zone unit to which the application relates; and

 (d) in the case of special services numbers or access codes—are specified for use with the type of service to which the application relates.

 (3) An allocation under subsection (1) or (2) may be made subject to conditions.

 (4) The ACMA may decide to allocate a number with effect from or until a date specified in the decision.

 (5) The ACMA must notify the registered carriage service provider of:

 (a) the numbers that have been allocated; and

 (b) the date of allocation; and

 (c) if applicable—the date from and/or until which the allocation of the number is to have effect; and

 (d) any conditions to which the allocation is subject.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the matters in subsection (5).

59  Particular matters relating to allocation of freephone and local rate  numbers

 (1) This section applies to the allocation of a freephone number or local rate number under section 58 (when the ACMA approves an application made by a registered carriage service provider under section 53).

 (2) If the application was for an allocation for a set period of time, the ACMA must allocate the number for that period.

 (3) If the application was for an allocation without a time limit:

 (a) the ACMA must not specify a day that the allocation ends; and

 (b) the number must be allocated subject to a condition that the number must be issued to a customer or used by the registered carriage service provider no later than 5 business days after the date of the notice under subsection 58(5); and

 (c) the notice must state that if the number is not issued or used the ACMA may withdraw the number.

Part 4—Variation of standard zone units to which geographic numbers are allocated

60  Application by carriage service provider for variation of allocation

 (1) A registered carriage service provider may apply to the ACMA, in writing, to vary the standard zone unit to which one or more geographic numbers are allocated.

 (3) The application must:

 (a) identify the standard zone unit to which the numbers are allocated; and

 (b) be for a multiple of 100 numbers; and

 (c) include an explanation of how and why the standard zone unit is inappropriate.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

61  Decision on application

 (1) The ACMA must decide to approve or not to approve an application under section 60 no later than 10 business days after the day on which the application is received by the ACMA, but may, if the ACMA needs to consult on the application, extend that period to a total of no more than 40 business days by giving notice in writing of the extension to the applicant.

 (2) The ACMA must decide not to approve an application under section 60 to vary the standard zone unit (the first standard zone unit) to which one or more geographic numbers are allocated if the ACMA is satisfied of any of the following:

 (a) the numbers were deliberately issued for use in an inappropriate standard zone unit;

 (b) the variation would be inconsistent with the number analysis capabilities of telecommunications networks operated in Australia;

 (c) the numbers do not relate to:

 (i) the charging district (the terminating charging district) in which calls to the numbers terminate, or appear to terminate, for charging purposes; or

 (ii) a standard zone unit that is adjacent to the first standard zone unit and is in a charging district that has the same prefix as the terminating charging district;

 (d) the use of the numbers would substantially reduce the geographic significance of the numbers;

 (e) the decision to vary the allocation would have disadvantages, for another carriage service provider, customer or end‑user, that outweigh the advantages of varying the numbers.

 (3) The ACMA may approve an application to vary the standard zone unit to which one or more geographic numbers are allocated if:

 (a) the ACMA is satisfied that the carriage service provider making the application has issued the numbers; and

 (b) the carriage service provider has given the ACMA adequate information to allow the ACMA to make the decision;

unless the ACMA is required not to approve the application under subsection (2).

 (4) The ACMA must notify the carriage service provider of its decision in writing.

 (5) If the ACMA does not make a decision within the period required under subsection (1), the ACMA is taken to have made a decision to refuse the application.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority of its decision.

62  Request for further information

 (1) The ACMA may, in writing, ask a registered carriage provider who has made an application under section 60 to give the ACMA further information, no later than 30 business days after the request, on the matters to which the application relates, to allow the ACMA to consider the application.

 (2) The period mentioned in subsection 61(1) does not include a period:

 (3) If the applicant does not give the ACMA the information within the period of 30 business days after the request, the applicant is taken to have withdrawn the application at the end of that period.

Chapter 7—Special rules about smartnumbers

Part 1—Special procedure for initial allocation of smartnumbers

63  Application for initial allocation of smartnumbers

 (1) A registered carriage service provider and a person (the EROU applicant) may jointly apply to the ACMA under this section for the initial allocation of an unassigned unallocated smartnumber.

Note 1: Assigned unallocated smartnumbers are allocated under Part 2 of Chapter 6: see sections 48 to 52.

Note 2: A number allocated under section 65 as a result of an application under this section can become an unassigned unallocated smartnumber again (and another application may be made in respect of it under this section) if the enhanced rights of use are cancelled: see sections 74 to 76, or waived: see section 72.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (5) The amount of charge (if any) imposed on the allocation of the smartnumbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997 must be paid when the application is made. The charge may be paid by the EROU applicant on behalf of the registered carriage service provider.

 (6) An application is not complete unless it satisfies the requirements of this section.

64  Decision on application

 (1) The ACMA must approve an application made under subsection 63(1) if the application is complete, unless the ground set out in paragraph (2)(b) applies.

 (2) If the ACMA receives more than one application for allocation of the same smartnumber, the ACMA must:

 (a) make a decision on the applications in the order that the applications were received; and

 (b) if it approves an application—not approve any later applications.

 (3) If the ACMA decides not to approve an application under subsection 63(1), the ACMA must give written notice of the decision to the registered carriage service provider and the EROU applicant.

65  Initial allocation of smartnumbers

 (1) If the ACMA approves an application made under subsection 63(1), the ACMA must allocate the smartnumber specified in the application to the registered carriage service provider that applied with the EROU applicant.

 (2) At the time when the ACMA allocates the smartnumber to the registered carriage service provider, the EROU applicant becomes the EROU‑holder for the smartnumber.

 (3) Immediately after the ACMA allocates the smartnumber to the registered carriage service provider:

 (a) the allocation is taken to have been surrendered; and

 (b) the smartnumber becomes an assigned unallocated smartnumber.

 (4) The ACMA must notify the EROU‑holder:

 (a) that the smartnumber was allocated to the registered carriage service provider and that the allocation ceased immediately after the smartnumber was allocated; and

 (b) that until the smartnumber is allocated under subsection 65(1), the smartnumber is an assigned unallocated smartnumber; and

 (c) of the date of the allocation and cessation.

 (5) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the matters mentioned in subsection (4).

 (6) The ACMA must update the register of smartnumbers (see section 68).

Part 2—Enhanced rights of use

66  Enhanced rights of use

 (1) The following enhanced rights of use for a smartnumber are conferred on the EROU‑holder for the smartnumber:

 (a) the right to request a registered carriage service provider (which may be the provider that was the joint applicant under section 63 or another provider) to supply a carriage service on the smartnumber;

 (b) the right to trade the enhanced rights of use, as set out in section 69;

 (c) the right to ask a registered carriage service provider to surrender the smartnumber, as set out in section 70;

 (d) the right to give up all rights in relation to the smartnumber;

 (e) except as set out in section 75, the right to have no active service in place for the smartnumber;

 (f) the right to ask a registered carriage service provider to apply for the allocation of the smartnumber under section 48, if it is an assigned unallocated smart number;

 (g) the right to disconnection of an active service on the smartnumber at any time.

 (2) The right to disconnection of an active service does not affect the validity of any agreement for the delivery of services between the person to whom the services are provided and the carriage service provider concerned.

 (3) A carriage service provider need not act on a request by a person purporting to be the EROU‑holder unless the carriage service provider is satisfied that the person who made the request is the current EROU‑holder. For the purpose of being so satisfied, the carriage service provider is entitled to rely on the register of smartnumbers.

67  Reallocation and issue

 (a) the allocation of a smartnumber:

1.      is taken to have been surrendered under paragraph 65(3)(a); or
2.    has been surrendered under section 70; or
3. has been withdrawn under Part 3 of Chapter 8; and

 (b) the EROU‑holder for the smartnumber requests a registered carriage service provider (which may be the provider that was the joint applicant under section 63 for the smartnumber, or another provider) to apply to have the smartnumber allocated to the provider.

 (2) The registered carriage service provider must apply for the allocation of the smartnumber under section 48.

 (3) The registered carriage service provider must issue the smartnumber to the EROU‑holder as soon as practicable after:

 (a) the smartnumber has been allocated to the carriage service provider; and

 (b) the carriage service provider and the EROU‑holder have agreed about the delivery of services for the smartnumber.

68  Register of smartnumbers

 (1) The ACMA must maintain a register of smartnumbers.

 (2) The register is to contain the following information for each smartnumber for which there is an EROU‑holder:

 (a) the smartnumber;

 (b) the name of the EROU‑holder for the smartnumber;

 (c) if the EROU‑holder agrees, the EROU‑holder’s address, telephone number and email address.

 (3) The EROU‑holder for a smartnumber must update the register, using the form made available by the ACMA, with any change in the EROU‑holder’s address, telephone number or email address which are contained in the register.

 (4) A person who becomes the EROU‑holder for a smartnumber as the result of a trade must update the register, using the form made available by the ACMA, with the EROU‑holder’s name and, if the EROU‑holder agrees, the EROU‑holder’s address, telephone number and email address.

 (5) The ACMA must make the register available to the public.

 (6) The register may be in electronic form.

 (7) The ACMA may correct any error or omission in the register information about the EROU‑holder for a smartnumber.

69  Trading the enhanced rights of use and licensing a smartnumber

 (1) The EROU‑holder for a smartnumber may trade all the EROU‑holder’s enhanced rights of use. However, this does not entitle the EROU‑holder to trade only some of the enhanced rights of use.

Note: The surrender of the smartnumber does not prevent the EROU‑holder from trading the enhanced rights of use for the smartnumber.

 (2) The EROU‑holder for a smartnumber may license another person to have an active service on the smartnumber.

Note: A carriage service provider must not hinder the porting of a smartnumber: see section 103.

 (3) A trade of the enhanced rights of use does not come into effect until the ACMA is notified of the trade in the form approved by the ACMA.

Note: A person who becomes the EROU‑holder as the result of a trade must ensure that the Register contains accurate information: see section 68.

 (4) Strict compliance with the approved form is required.

 (5) The carriage service provider to which the smartnumber is allocated must not do anything to hinder the trading of the enhanced rights of use or the licensing of the smartnumber.

70  Application to surrender smartnumber

 (1) A carriage service provider that holds a smartnumber may apply to the ACMA to surrender the smartnumber if there is no carriage service being provided using the smartnumber.

 (2) If the EROU‑holder for the smartnumber makes a request to the carriage service provider to surrender the smartnumber, and there is no carriage service being provided, the carriage service provider must make an application to the ACMA no later than 5 business days after receiving the request.

Note: The EROU‑holder retains the rights to trade the enhanced rights of use for the smartnumber and to ask a carriage service provider to apply for allocation of the smartnumber: see section 66.

 (3) The application must be in a form approved by the ACMA.

 (4) Strict compliance with the approved form is required.

 (5) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

71  Decision on application to surrender smartnumber

  The ACMA must make a decision on an application made by a carriage service provider under section 70 no later than 10 business days after receiving the application.

72  Notice of decision

 (1) As soon as practicable after making a decision on an application by a carriage service provider under section 70, the ACMA must notify the carriage service provider of the decision in writing.

 (b) if the ACMA is not the designated authority—notify the designated authority of the smartnumber surrendered and the date of surrender.

 (4) If the ACMA does not make a decision within the period referred to in section 71, the ACMA is taken to have made a decision under section 71 to refuse the application.

73  Waiver of enhanced rights of use

 (1) The EROU‑holder for an assigned unallocated smartnumber may notify the ACMA, in a form approved by the ACMA, that the EROU‑holder no longer wants the enhanced rights of use for the smartnumber.

Note: If an EROU‑holder wants to give a notice in respect of an allocated smartnumber, the EROU‑holder would need to request that the carriage service provider surrender the smartnumber: see section 70.

 (2) Strict compliance with the approved form is required.

 (3) At the time when the ACMA receives a notice under subsection (1):

 (a) the smartnumber becomes an unassigned unallocated smartnumber; and

 (b) the EROU‑holder ceases to be the EROU‑holder for the smartnumber.

Note:  An application for the initial allocation of an unassigned unallocated smartnumber must be made under section 63.

74  Cancellation of enhanced rights of use—false statement

 (1) This section applies if the EROU‑holder for a smartnumber was the joint applicant for the smartnumber and is convicted of making a false statement (within the meaning of subsection 136(1) of the Criminal Code) in the application.

 (2) The ACMA must:

 (a) cancel the enhanced rights of use; and

 (b) withdraw the smartnumber from the carriage service provider.

 (3) The ACMA must notify the EROU‑holder for the smartnumber of its decision in writing.

 (4) If the ACMA is not the designated authority, the ACMA must notify the designated authority of its decision.

75  Cancellation of enhanced rights of use—no allocation for 3 years

 (1) The ACMA must cancel the enhanced rights of use for a smartnumber if it has been an assigned unallocated smartnumber for a continuous period of 3 years.

 (2) The ACMA must notify the EROU‑holder for the smartnumber of its decision in writing.

76  Cancellation of enhanced rights of use – scam or fraudulent activity

1.       The ACMA may cancel the EROU for a smartnumber if:

2.       the ACMA has reasonable grounds to believe that the number has been used or is likely to be used in association with a scam communication or other fraudulent activity; and

3.       the ACMA is satisfied that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are more significant for end-users and carriage service providers than any adverse technical and financial consequences of withdrawing the number.

4.       If the ACMA decides to cancel the EROU for a smartnumber under subsection (1), the ACMA must notify the EROU-holder for the smartnumber of its decision in writing, specifying the reasons for the decision and the date on which the EROU is proposed to be cancelled.

5.       The period between the date of the notice and the date on which the EROU is to be cancelled must be at least 5 business days. 

6.       At the end of the period specified in the notice, the ACMA must:

7.       cancel the enhanced rights of use; and

8.      withdraw the smartnumber from the carriage service provider.

(5) If the ACMA is not the designated authority, the ACMA must notify the designated authority of its decision.

Chapter 8—Transfer, surrender and withdrawal of numbers

Part 1—Transfer of numbers

77  Transfer process

1.  A registered carriage service provider that holds a number (other than an international signalling point code or a mobile network code) may transfer the number to another registered carriage service provider with the agreement of the receiving carriage service provider.

(2) A carriage service provider may only transfer numbers in a standard unit or in a multiple of a standard unit.

 (3) However, a freephone number or local rate number that is allocated with effect for 14, 30 or 90 days must not be transferred.

 (4) The ACMA must be given notice of the transfer in a form approved by the ACMA.

 (5) Strict compliance with the approved form is required.

 (6) The notice of transfer must be accompanied by the charge (if any) in relation to the notice fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

 (7) The transfer takes effect when the ACMA acknowledges receipt of the completed notice of transfer.

 (8) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the transfer of the number and the date of transfer.

78  Transfer not to affect customer’s right to use number

  If a number is transferred from a carriage service provider to another carriage service provider, the providers must ensure that the transfer does not affect a customer’s ability to use the number.

Part 2—Surrender of numbers

79  Application to surrender numbers

 (1) A carriage service provider that holds a number (other than a smartnumber, an international signalling point code or a mobile network code) may apply to the ACMA to surrender the number if no carriage service is being provided using the number.

Note 1:  Section 70 deals with the surrender of smartnumbers.

Note 2: Section 44 deals with the surrender of international signalling point codes and mobile network codes.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

80  Decision on application to surrender numbers

 (1) The ACMA must make a decision on an application made by a carriage service provider under section 79 no later than 10 business days after receiving the application.

 (2) If the units of the numbers to which the application relates are not a multiple of standard units for the type of number, the ACMA must decide not to approve the application unless it is satisfied of each of the following:

 (a) that the surrender of the numbers is consistent with the current number analysis capabilities of telecommunications networks operated in Australia; and

 (b) that the carriage service provider is unable to surrender numbers as a multiple of standard units, or would be significantly disadvantaged or inconvenienced by being required to surrender the numbers as a multiple of standard units; and

 (c) that it is appropriate to allow the surrender of the numbers in all the circumstances.

 (3) In considering whether it is appropriate to allow the surrender of the numbers for the purposes of paragraph (2)(c) the ACMA may take into account any matter that it considers relevant and may, in writing, ask the carriage service provider who lodged the application to give the ACMA further information about the matters to which application relates.

 (4) The period mentioned in subsection (1) does not include a period:

1.       starting when the ACMA asks the carriage service provider for further information; and
2.       ending when the ACMA receives the information.

 (5) If the applicant does not give the ACMA the information within a period of 30 business days after the request, the applicant is taken to have withdrawn the application at the end of that period.

 (6) The ACMA must approve an application unless it is required not to approve it under subsection (2).

81  Notice of decision

 (1) As soon as practicable after making a decision on an application by a carriage service provider under section 79, the ACMA must notify the carriage service provider of the decision in writing.

 (b) if the ACMA is not the designated authority—notify the designated authority of the numbers surrendered and the date of surrender.

 (4) If the ACMA does not make a decision within the period referred to in subsection 80(1), the ACMA is taken to have made a decision under subsection 80(1) to refuse the application on the eleventh business day after receiving the application under section 79.

Part 3—Withdrawal of numbers

82  Inconsistency with numbering plan

 (a) the number has been allocated, transferred, issued or used in a way that is inconsistent with this instrument; and

 (b) the ACMA is satisfied that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are more significant for end‑users and carriage service providers than the technical and financial consequences of withdrawing the number.

 (2) If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the decision to the carriage service provider that holds the number.

 (4) The period between the date of the notice and the date on which the number is to be withdrawn must be at least the shorter of the following periods:

 (a) 44 business days plus the period for which, at the date of the notice, the carriage service provider has held the number;

 (b) 14 months.

 (5) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw a number as soon as reasonably practicable after the decision is made.

83  Inconsistency with conditions

 (a) the number has been transferred, issued or used in a way that is inconsistent with conditions placed by the ACMA on the allocation of the number; and

 (b) the ACMA is satisfied that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are more significant for end‑users and carriage service providers than the technical and financial consequences of withdrawing the number.

 (2) If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the decision to the carriage service provider that holds the number.

 (4) The period between the date of the notice and the date on which the number is to be withdrawn must be at least the shorter of the following periods:

 (a) the period for which, at the date of the notice, the carriage service provider has held the number;

 (b) 1 year.

 (5) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw a number as soon as reasonably practicable after the decision is made.

84  Scam or fraudulent activity

 (a) the ACMA has reasonable grounds to believe that the number has been used or is likely to be used in association with a scam communication or other fraudulent activity; and

 (b) the ACMA is satisfied that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are more significant for end‑users and carriage service providers than any adverse technical and financial consequences of withdrawing the number.

 (2) If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the withdrawal to the carriage service provider that holds the number.

 (3) The notice must set out reasons for the withdrawal and specify the date on which the number is to be withdrawn.

 (4) The period between the date of the notice and the date on which the number is to be withdrawn must be at least 5 business days.

 (5) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw the number as soon as reasonably practicable after the decision is made.

85  Non‑payment of annual numbering charge

 (1) The ACMA may withdraw a number held by a carriage service provider if:

 (a) annual charge is payable under the Telecommunications (Numbering Charges) Act 1997 by the carriage service provider for any number held by the provider; and

 (b) the charge remains unpaid at least 3 months after the charge became payable; and

 (c) the ACMA is satisfied the carriage service provider is aware of the liability; and

 (d) the ACMA is satisfied the withdrawal of the number will not produce any significant adverse consequences for end‑users.

 (2) Despite subsection (1), the ACMA must not withdraw a number under that subsection if:

 (a) the number is exempt from annual charge under section 22 of the Telecommunications (Numbering Charges) Act 1997 (including under a determination under that section); or

 (b) the rate of annual charge for the number is nil.

 (3) If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the decision to the carriage service provider.

 (4) The notice must set out the reasons for the decision and specify the date on which the number is to be withdrawn.

 (5) The period between the date of the notice and the date on which the number is to be withdrawn must be at least 20 business days.

 (6) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw a number as soon as reasonably practicable after the decision is made.

86  Withdrawal of numbers not in use

 (1) The ACMA may withdraw a number (other than an international signalling point code or a mobile network code) held by a carriage service provider if:

 (a) either:

 (i) the number has been held by the carriage service provider for a period of at least 24 months, and the number has not been in use in that period; or

 (ii) the number has been held by the carriage service provider for a period of less than 24 months, and the ACMA reasonably believes that the number will not be in use before the number has been held for 24 months; and

 (b) the ACMA reasonably believes that the number is additional to those needed by the carriage service provider for its ongoing business needs; and

 (c) the ACMA reasonably believes that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are greater than the costs of withdrawal.

 (2) Before making a decision under subsection (1) to withdraw a number held by a carriage service provider, the ACMA must give the carriage service provider a notice in writing that:

 (a) states that the ACMA proposes withdrawing the number; and

 (b) states the reasons the ACMA proposes withdrawing the number; and

 (c) informs the carriage service provider that it may object, in writing, to the proposed withdrawal of the number in the period of 20 business days after the date of the ACMA’s notice of the proposed withdrawal (the objection period).

 (3) In deciding whether to withdraw the number, the ACMA must consider any objection given to it by the carriage service provider during the objection period.

 (4) The ACMA must make a decision whether to withdraw the number:

 (a) if the ACMA receives an objection during the objection period—within the period of 20 business days after the day the ACMA receives the objection; and

 (b) if the ACMA does not receive an objection during the objection period—within the period of 20 business days after the end of the objection period.

 (5) The ACMA must notify the carriage service provider of its decision in writing.

 (6) If the ACMA decides to withdraw the number, the notice must set out the reasons for the decision and specify the date on which the number is to be withdrawn.

 (7) If the ACMA does not make a decision within the period required under subsection (4), the ACMA is taken to have made a decision under subsection (1) to withdraw the number.

 (8) The period between the date of the notice under subsection (5) and the date on which the number is to be withdrawn must be at least 20 business days.

 (9) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw a number as soon as reasonably practicable after the decision is made.

87  Cessation of business

 (1) The ACMA may withdraw a number held by an entity that was a carriage service provider if the ACMA is satisfied that:

 (a) the entity is no longer a carriage service provider; and

 (b) there are no proposed arrangements for the permanent transfer of the number to another registered carriage service provider.

 (2) If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the decision to the entity.

 (4) The period between the date of the notice and the date on which the number is to be withdrawn must be at least 20 business days.

 (5) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw a number as soon as reasonably practicable after the decision is made.

88  End of allocation period

  If a number is allocated until a specified day, the number is withdrawn at the end of that day.

Note: In addition to the provisions in this Part, sections 74 and 76 also provide for the withdrawal of a smartnumber, and section 43 provides for the withdrawal of an international signalling point code or a mobile network code.

Chapter 9—Obligations of carriage service providers

Part 1—Recall and issue of replacement numbers

89  Recall of issued number and issue of replacement number

 (1) A carriage service provider may recall an issued number (the current number), from a customer and issue the customer with a replacement number only if:

 (a) recall and replacement is required by law; or

 (b) the customer asks for recall and replacement; or

 (c) the customer agrees to recall and replacement; or

 (d) recall and replacement would avoid the need to modify or replace plant or equipment in a way that would:

 (i) have significant technical and financial consequences for the carriage service provider or its customers; or

 (ii) cause significant difficulties for the customer; or

 (e) the ACMA approves an application by the carriage service provider under section 90.

 (2) The carriage service provider must notify the customer of:

 (a) the carriage service provider’s intention to recall the current number and issue the customer with a replacement number; and

 (b) the date on which recall and replacement will occur.

 (3) The period between the date of the notice and the date on which recall and replacement will occur must not be less than 90 days.

 (4) However, the period may be a shorter reasonable period if:

 (a) the customer asked for recall and replacement; or

 (b) the customer agreed to a shorter period; or

 (c) the number is recalled under subsection (1), and it is not reasonably practicable to give the period of notice required by subsection (3).

90  Application to recall issued number and issue replacement number

 (1) A carriage service provider may apply to the ACMA for approval to recall an issued number from a customer and issue the customer with a replacement number.

 (2) The application must be in writing and include the reasons the carriage service provider wishes to recall a number and issue a replacement number.

 (3) The ACMA must make a decision to approve or not to approve recall and replacement no later than 65 business days after receiving the application.

 (4) The ACMA may ask the carriage service provider, in writing, to give it further information on any matters relevant to the ACMA’s consideration of the application.

 (5) The 65 business days mentioned in subsection (3) do not include a period:

 (6) In considering the application, the ACMA may have regard to any matter that the ACMA considers relevant.

 (7) The ACMA may consult an advisory committee or the ACCC about the application.

 (8) The ACMA must give written notice of the ACMA’s decision to the carriage service provider concerned.

 (9) If the ACMA does not make a decision within the period required under subsection (3), the ACMA is taken to have made a decision to refuse the application under subsection (3).

91  Recall of issued number without issue of replacement number

  A carriage service provider may recall an issued number from a customer without issuing a replacement number only if:

 (a) the customer asks in writing for the number to be recalled; or

 (b) the customer agrees in writing to the number being recalled; or

 (c) the customer asks in writing for the number to be issued to another customer; or

 (d) the customer agrees in writing to the number being issued to another customer; or

 (e) the carriage service provider ceases to offer the kind of carriage service associated with the number; or

 (f) the carriage service provider ceases to offer the carriage service in the customer’s location; or

 (g) the supply of the carriage service to the customer is otherwise terminated; or

 (h) the customer has not subscribed, within a reasonable time, to the carriage service for which the number was issued; or

 (i) the number was issued to the customer on the condition that it would be recalled on or from a specified date; or

 (j) the ACMA directs the carriage service provider to recall the number.

Note: The ACMA may give written directions to a carriage service provider: see section 581 of the Act.

92  Restriction on reissuing recalled number

 (1) A number that was recalled from a customer by a carriage service provider because of nuisance calls must not be issued to another customer for a period of 1 year from the day it was recalled.

 (2) A number that was recalled from a customer (the previous customer) for any other reason must not be issued to another customer (the new customer) for a period of 6 months from the day it was recalled, unless:

 (a) the carriage service provider does not hold any other suitable numbers and the new customer:

 (i) is informed that the number has been recalled from the previous customer within the previous 6 months; and

 (ii) agrees to be issued the number; or

 (b) for a geographic number—the new customer moves into premises at which calls to the number previously terminated, and does not ask for a new number when service is established; or

 (c) the number is to be moved from the previous customer to the new customer, and the new customer and the carriage service provider agree to the issue of the number.

Part 2—General obligations of carriage service providers

93  Use of numbers not to be subject to certain conditions

  A carriage service provider must not make the use of a number by a customer subject to any of the following conditions:

 (a) a condition that the customer must discharge a debt owed to the carriage service provider by a customer who was previously issued the number;

 (b) a condition that the customer must not request to port the number to another carriage service provider;

 (c) a condition that the customer must not change carriage service providers.

94  Carriage service provider must not issue a number that it has not been allocated

  A carriage service provider must not issue a number to a customer unless the carriage service provider holds the number.

95  Notice of carriage service provider’s obligations

 (1) A carriage service provider must notify a customer, in writing, within 6 months of issuing a number to the customer:

 (a) that the carriage service provider has obligations in relation to the use of the number; and

 (b) that the customer can obtain information about the obligations; and

 (c) of how to obtain the information.

 (2) Subsection (1) does not apply if:

 (a) the customer has previously been issued a number by the carriage service provider; and

 (b) the information that the customer can obtain has not changed since the carriage service provider last issued a number to the customer.

 (3) The information that customers of the carriage service provider can obtain must explain the carriage service provider’s obligations under this Chapter.

 (4) The information must be included in any telephone directory published by the carriage service provider.

Part 3—Exemptions

96  Application for exemption from obligation in this Chapter

 (1) A carriage service provider may apply to the ACMA for an exemption from a provision of this Chapter.

 (2) The application may be for an exemption from complying with an obligation in relation to:

 (a) all customers; or

 (b) a class of customers.

 (3) The application must be in writing.

 (4) The ACMA must make a decision to grant or not to grant the exemption no later than 65 business days after receiving the application.

 (5) The ACMA may ask the carriage service provider, in writing, to give it further information on matters relevant to its consideration of the application.

 (6) The 65 business days mentioned in subsection (4) do not include a period:

 (7) In considering the application, the ACMA may have regard to any matter that the ACMA considers relevant.

 (8) The ACMA may consult an advisory committee or the ACCC about the application.

 (9) The ACMA must give written notice of the ACMA’s decision to the carriage service provider concerned.

 (10) If the ACMA does not make a decision within the period required under subsection (4), the ACMA is taken to have made a decision to refuse the application under subsection (4).

97  Replacement of provisions by industry code

  Each of the following provisions does not apply to a carriage service provider if there is a registered industry code that applies to the carriage service provider that in the ACMA’s opinion has substantially the same effect as the provision:

 (a) section 89;

 (b) section 91;

 (c) section 92;

 (d) section 93;

 (e) section 95.

Chapter 10—Number portability

Part 1—Implementation dates

98  Determining implementation dates

 (1) The ACMA may determine the date (an implementation date) by which a carrier or carriage service provider must implement number portability for portable services in relation to one or more customers.

 (2) In making a determination under subsection (1), the ACMA must have regard to the following matters:

 (a) the network capacity of the carrier or carriage service provider;

 (b) the support systems available to the carrier or carriage service provider;

 (c) other matters that are relevant to giving effect to number portability.

99  Public notice period for implementation date

  At least 44 business days before an implementation date, the ACMA must cause to be published on the ACMA’s website a notice stating:

 (a) the implementation date; and

 (b) the portable services to which the implementation date relates.

100  Application of Chapter to carriage service providers and carriers

  The obligations under this Chapter imposed on a carriage service provider or carrier in relation to a portable number apply on and after the implementation date for the portable service to which the number relates.

Part 2—Providing portability

101  Technical capability and technology

 A carriage service provider or carrier that is involved with providing a portable service must ensure that:

 (a) it has the technical capability required to give effect to number portability for the portable service; and

 (b) it has technology available for use within its network to give effect to the requirements of this instrument relating to number portability in a way that provides equivalent service and enables end‑to‑end connectivity.

102  Meaning of equivalent service

 (1) A carriage service provider provides an equivalent service in relation to a ported number only if any differences in quality, reliability, service or features, between that service and the service provided by the carriage service provider in relation to a number that has not been ported, are not apparent to end‑users using or calling the ported number to the extent that they might affect a person’s choice of carriage service provider.

 (2) In determining whether a carriage service is an equivalent service, regard may be had to the following matters:

 (a) any relevant criteria that have been specified by the ACMA for the purpose of identifying an equivalent service;

 (b) the network capacity of the carriage service providers and carriers concerned;

 (c) the support systems available to carriers and carriage service providers;

 (d) any other matters relevant to providing number portability.

103  Obligation to provide number portability to customers

 (1) A carriage service provider or carrier that is involved with providing a portable service to a customer must ensure that the customer is able to exercise the customer’s rights in relation to number portability.

 (2) The carriage service provider or carrier must do everything that is necessary to port the customer’s number to another carriage service provider or carrier if the other carriage service provider or carrier asks, at the customer’s request, for the number to be ported.

 (3) The carriage service provider or carrier must port the number:

 (a) if a time is agreed with the customer or the new carriage service provider or carrier—at the agreed time; or

 (b) if no time is agreed but a determination made under subsection (5) applies—within the period determined by the ACMA; or

 (c) if paragraphs (a) and (b) do not apply, but a registered industry code applying to the carriage service provider or carrier determines the period within which the number must be ported—within that period; or

 (d) in any other case—as soon as practicable.

 (4) The carriage service provider or carrier must ensure that no action or inaction on its part prevents the customer from keeping the same portable number when changing to the new provider or carrier.

 (5) The ACMA may determine, in relation to a particular case or a class of cases, the period of time after a request within which a number must be ported.

 (6) In making a determination, the ACMA must have regard to the following:

 (a) the network capacity of the carriage service providers and carriers concerned;

 (b) the support systems available to the carriage service providers and carriers concerned;

 (c) any other matters relevant to ensure that customers are able to exercise their rights in relation to number portability.

104  Obligation to ensure that equivalent service is provided

 (1) A carriage service provider must provide an equivalent service to a person to whom a ported number has been issued, to the extent that it is within the carriage service provider’s control.

 (2) A carriage service provider or carrier involved in routing a call to or from a ported number must, to the extent that it is within the carriage service provider’s or carrier’s control, ensure that:

 (a) no action or inaction prevents the carriage service provider from providing an equivalent service, in relation to the ported number, to the customer to whom the ported number has been issued; and

 (b) no action or inaction prevents an end‑user, when using or calling the ported number, from receiving a carriage service that is an equivalent service.

105  Routing arrangements

 (1) A carriage service provider or carrier must not prevent, by its action or inaction in routing calls to or from a ported number, the provision of an equivalent service in relation to the number.

 (2) If a carriage service provider or carrier has routing responsibility in relation to a call to a portable number, the carriage service provider or carrier must enable call completion to the number by:

 (a) routing the call appropriately; or

 (b) ensuring correct routing of the calls to the appropriate carriage service provider or carrier for calls to the number.

 (3) The originating access carriage service provider has routing responsibility in relation to a call to a portable number except to the extent that one of subsections (4) to (6) applies.

 (4) If the call originated outside Australia, the first carriage service provider or carrier in Australia receiving the call has routing responsibility.

 (5) If the call involves number translation from the dialled number to the appropriate network address to enable correct routing (for example, in connection with the supply of a freephone or local rate service), the carriage service provider or carrier providing the translation service has routing responsibility from the point at which the translation is applied.

 (6) If the call is being diverted from one number to another, the carriage service provider or carrier providing the diversion service has routing responsibility from the point at which the diversion begins.

106  Cancellation of service to ported number

 (a) a number was ported from one carriage service provider to another; and

 (b) the customer cancels the service to which the ported number relates.

 (2) The carriage service provider to which the number was ported must:

 (a) if the number is a freephone number or a local rate number – notify the ACMA that the service to which the number relates has been cancelled;

 (b) in any other case—give the number back to the carriage service provider that holds the number.

 (3) The carriage service provider that holds the number must notify each relevant carriage service provider and carrier:

 (a) that the number is no longer ported; and

 (b) of the carrier it nominates as the carrier that will terminate calls to the number.

 (4) If a carriage service provider gives notice in accordance with paragraph (2)(a):

 (a) the number is taken to have been surrendered by the holder of the number to which the notice relates immediately after the ACMA receives the notice; and;

 (b) if the ACMA is not the designated authority, the ACMA must notify the designated authority of the surrender of the number.

Part 3—Exemptions from obligations

107  Application for exemption from obligations in this Chapter

 (1) A carriage service provider or carrier may apply to the ACMA, in writing, for an exemption from an obligation in this Chapter.

 (2) The application must identify:

 (a) the obligation or obligations for which the applicant is seeking an exemption; and

 (b) the period for which the applicant wishes the exemption to be granted.

 (3) If the exemption is sought only in relation to particular exchanges or areas, the application must identify the exchanges or areas.

 (4) The application must include reasons (supported by documented evidence if practicable) why the applicant is seeking the exemption.

 (5) If the request for an exemption relates to an inability to meet the obligations of the carriage service provider or the carrier, the application must include:

 (a) a detailed statement of the actions the applicant has taken to try to meet its obligations; and

 (b) the time by which the applicant believes it can complete any network or other requirements to meet its obligations and a list of proposed key dates before that time.

108  Compliance not required while application is considered

  If a carriage service provider or carrier applies for an exemption from an obligation under section 107, the carriage service provider or carrier does not have to comply with the obligation until the ACMA notifies the carriage service provider or carrier of its decision under section 112.

109  Consultation with ACCC

 (1) If the ACMA receives an application under section 107, the ACMA may consult the ACCC in relation to whether or not it would be in the long‑term interests of end‑users to grant the application.

 (2) If the ACMA decides to consult the ACCC, the ACMA must:

 (a) give the ACCC a copy of the application no later than 5 business days after receiving it; and

 (b) give the ACCC all relevant information, documents and records in relation to the application.

110  Deciding application for exemption

 (1) If the ACMA receives an application for an exemption from an obligation under section 107, the ACMA must decide whether to grant or not to grant the exemption no later than 65 business days after receiving the application.

 (2) The ACMA may have regard to the following matters in considering the application:

 (a) the network capacity of a carriage service provider or carrier;

 (b) the support systems available to a carriage service provider or carrier.

 (3) The ACMA may consider any other matters it considers relevant to providing number portability.

 (4) If the ACMA consulted the ACCC under section 109, the ACMA must have regard to the ACCC’s comments on the long‑term interests of end‑users.

 (5) The ACMA must grant the exemption if it is satisfied that it is not practicable for the applicant to meet the obligation.

 (6) The ACMA may grant the exemption if it is satisfied that it would be in the long‑term interests of end‑users to exempt the applicant from the obligation.

 (7) The ACMA must otherwise decide not to grant the exemption.

 (8) The ACMA may grant an exemption:

 (a) for a specified period; or

 (b) for specified purposes; or

 (c) in relation to a specified customer or class of customers; or

 (d) subject to specified conditions.

 (9) If the ACMA does not make a decision within the period required under subsection (1), the ACMA is taken to have made a decision not to grant the exemption under subsection (1).

111  Request for further information

 (1) The ACMA may, at any time while considering an application made under section 107, request further information from the applicant.

 (2) The 65 business days mentioned in subsection 110(1) do not include a period:

 (a) starting when the ACMA asks the applicant for further information; and

 (3) The ACMA may nominate a date by which the information it requests must be provided.

 (4) The ACMA may, at any time, replace a nominated date with a later nominated date.

 (5) The application lapses if the applicant fails to provide the requested information by the nominated date.

112  Notice of decision about exemption

 (1) The ACMA must notify the applicant in writing of its decision under section 110.

 (2) If the ACMA decides to grant an exemption, the notice must:

 (a) describe each obligation from which the applicant is exempted; and

 (b) describe the scope of the exemption (such as the period of the exemption or the class of customers to which the exemption relates); and

 (c) include any conditions to which the grant of the exemption is subject.

 (3) If the ACMA decides to grant an exemption, the ACMA must publish a notice on the ACMA’s website stating:

 (a) that the ACMA has granted the exemption; and

 (b) how a copy of the text of the ACMA’s decision to grant the exemption can be obtained.

 (4) If the ACMA decides to grant an exemption, it must give notice of the decision to grant the exemption to any person whom the ACMA believes may have an interest in the decision.

Chapter 11—General matters relating to administration, review and reporting

Part 1—Registration of carriage service providers

113  Application for registration

 (1) A carriage service provider may apply to the ACMA to be registered under section 114.

 (4) The application must be accompanied by the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.

114  Registration of carriage service provider

The ACMA must register a carriage service provider if:

 (a) the carriage service provider has made a complete application under section 113; and

 (b) the carriage service provider has paid any required charge.

115  Registered carriage service provider must update information

  A registered carriage service provider must ensure that the ACMA has up to date information about the provider’s name, ACN or ARBN (if any) and contact details.

116  Transitional—registration under previous numbering plan

  A carriage service provider that was a registered carriage service provider under the Telecommunications Numbering Plan 2015 immediately before the commencement of this Part is taken to have been registered under section 114 immediately after the commencement of this Part.

Part 2—Monitoring and reporting

117  Report on numbers transferred for purposes of numbering charge

 (1) This section applies to a carriage service provider (the reporting carriage service provider) who holds (within the meaning of this instrument) a mobile number.

 (2) The reporting carriage service provider must give a report to the ACMA at the following times:

 (a) each time a day is determined under subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997—no later than 10 business days after the day that is determined;

 (b) if the ACMA requests a report in writing—no later than 20 business days after the request is given.

 (3) The report must include the following:

 (a) the name of the reporting carriage service provider;

 (b) the mobile numbers that the reporting carriage service provider holds at the time of the report;

 (c) for each number mentioned in paragraph (b)—the name of each other carriage service provider that holds the number within the meaning of section 17 of the Telecommunications (Numbering Charges) Act 1997;

 (d) any other information required by the ACMA that relates to the administration of annual numbering charge.

Note:  The Telecommunications (Numbering Charges) Act 1997 sets out, in section 17, when a provider holds a number for the purposes of the annual numbering charge. A different carriage service provider may hold the number within the meaning of section 5 of this instrument.

 (4) The report must be in a form approved by the ACMA and must be given to the ACMA by a method approved by the ACMA.

118  ACMA usage of reports

 (1) The ACMA must only use a report given by a carriage service provider under section 117 to:

 (a) identify the holder of a number within the meaning of section 17 of the Telecommunications (Numbering Charges) Act 1997; or

 (b) work out an amount of annual numbering charge; or

 (c) otherwise administer annual numbering charge.

 (2) If the ACMA is not given a report by a carriage service provider by the time required under section 117, the ACMA may rely on available information to:

 (a) identify the holder of a number within the meaning of section 17 of the Telecommunications (Numbering Charges) Act 1997; or

 (b) work out an amount of annual numbering charge; or

 (c) otherwise administer annual numbering charge.

Part 3—Review of decisions

119  Reviewable decisions

  Each of the following is a reviewable decision:

 (a) a decision under subsection 24(4) not to approve an operation plan;

 (b) a decision under subsection 25(3) not to approve:

 (i) an amendment of an operation plan; or

 (ii) a replacement operation plan;

 (c) a decision under subsection 26(1) to direct a carriage service provider to amend or replace an approved operation plan;

 (d) a decision under subsection 26(3) that a carriage service provider has not complied with a direction;

 (e) a decision under subsection 38(7) not to approve an application for allocation of an international signalling point code;

 (f) a decision under subsection 41(7) not to approve an application for allocation of a mobile network code;

 (g) a decision under subsection 43(1) to withdraw an international signalling point code or a mobile network code;

 (h) a decision under section 45 to refuse an application to surrender an international signalling point code or a mobile network code;

 (i) a decision under section 50 not to approve an application for allocation of a carriage service provider identification code because of the ground in subsection 50(3);

 (j) a decision under subsection 51(3) to allocate a number subject to a condition;

 (k) a decision under subsection 51(4) to allocate a number with effect from, or until, a particular date;

 (l) a decision under subsection 54(1) not to approve an application for allocation of a number;

 (m) a decision under subsection 58(2) to allocate a number subject to a condition;

 (n) a decision under subsection 58(3) to allocate a number with effect from, or until, a particular date;

 (o) a decision under subsection 61(1) to refuse to vary the standard zone unit to which one or more geographic numbers are allocated;

 (p) a decision under section 71 to refuse an application to surrender a smartnumber;

(q) a decision under subsection 76(1) to cancel the EROU for a smartnumber;

 (r) a decision under subsection 79(1) not to approve an application to surrender a number;

 (s) a decision under subsection 82(1) to withdraw a number;

 (t) a decision under subsection 83(1) to withdraw a number;

 (u) a decision under subsection 84(1) to withdraw a number;

 (v) a decision under subsection 85(1) to withdraw a number;

 (w) a decision under subsection 86(1) to withdraw a number;

 (x) a decision under subsection 90(3) not to approve recall and replacement of a number;

 (y) a decision under subsection 96(4) not to grant an exemption;

 (z) a decision under subsection 98(1) to determine an implementation date;

 (za) a decision under subsection 103(5) to determine a period of time after a request within which a number must be ported;

 (zb) a decision under subsection 110(1) not to grant an exemption.

120  Statement to accompany notice of reviewable decision

 (1) If the ACMA makes a reviewable decision, the notice that the ACMA is required to give of the decision to a person (the affected person) must include a statement to the effect that the affected person may, if the affected person is dissatisfied with the decision, apply for reconsideration of the decision by the ACMA under subsection (2).

 (2) The affected person may apply to the ACMA for reconsideration of the decision.

 (3) The application must be made within:

 (a) the period of 20 business days after the affected person is notified of the decision; or

 (b) if the ACMA extends the period within which the application may be made—the extended period.

 (4) The ACMA may extend the period for making an application before or after the period in paragraph (3)(a) has ended.

 (5) The application must:

 (a) be in a form approved by the ACMA; and

 (b) set out the reasons for the application.

 (6) Failure by the ACMA to comply with subsection (1) does not affect the validity of a reviewable decision.

 (7) In subsection (1):

 (a) a reference to a person does not include a reference to the designated authority; and

 (b) if the reviewable decision is a decision to give a direction—a reference to the notice that the ACMA is required to give includes a reference to a direction.

121  Reconsideration by ACMA

 (1) If the ACMA receives an application under section 120 for reconsideration of a reviewable decision, the ACMA must reconsider the decision and make a decision (an internal review decision) whether to affirm, vary or revoke the reviewable decision.

 (2) The ACMA must notify the applicant of an internal review decision and the reasons for it no later than 65 business days after receiving the application.

 (3) If the ACMA does not notify the applicant as required by subsection (2), the ACMA is taken to have affirmed the reviewable decision.

122  Statements to accompany notice of decision on reconsideration

 (1) A notice under subsection 121(2) that the ACMA has made an internal review decision must include a statement to the effect that the person notified of the internal review decision may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the internal review decision.

 (2) Failure by the ACMA to comply with this section does not affect the validity of the internal review decision.

123  Review by Administrative Review Tribunal

  Application may be made to the Administrative Review Tribunal to review an internal review decision.

Part 4—General matters

124  Use of computer program to make decisions

 (1) The ACMA may use, or arrange for the use, under the ACMA’s control, of computer programs for any purposes for which the ACMA may make decisions under this instrument.

 (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the ACMA.

 (3) A reference to a decision in this section includes, but is not limited to, a reference to the creation of a list.

(4) The ACMA must substitute a decision for a decision (the initial decision) made by the operation of a computer program under an arrangement under subsection (1) if the ACMA is satisfied that the initial decision is incorrect.

Chapter 12—Transitional provisions

125  Previous allocations not affected by repeal

  The repeal of the Telecommunications Numbering Plan 2015 does not affect any allocation, transfer, surrender or withdrawal of a number that occurred under that instrument.

126  Mobile network codes assigned before commencement

 (a) before the commencement of this section, a person has been assigned a mobile network code for use; and

 (b) the mobile network code has not been transferred, surrendered or withdrawn before the commencement of this section.

 (2) The person is taken, for the purposes of Part 3 of Chapter 5 and Part 3 of Chapter 8, to be a carriage service provider that holds the mobile network code.

 (3) If the person is not a carriage service provider within the meaning of section 87 of the Act, subsection (2) does not enable the person to apply as a carriage service provider for the allocation of another mobile network code or other number.

127  Applications not dealt with under 2015 numbering plan

  If:

 (a) an application was made under the Telecommunications Numbering Plan 2015; and

 (b) a decision had not been made on the application when that instrument was repealed by this instrument;

the application must be dealt with in accordance with the Telecommunications Numbering Plan 2015 as if that instrument had not been repealed.

 128  Use of mobile numbers for IoT services

  A mobile number may be used for an internet of things service during the period of 12 months from the commencement of this section.

Schedule 1—Geographic numbers

Note: See section 10.