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

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.