12Requirements where an unlisted authorised representative initiates a high-risk customer interaction

12 Requirements where an unlisted authorised representative initiates a high-risk customer interaction

(1) This section applies if:

(a) a high-risk customer interaction is initiated; and

(b) the requesting person asserts that they are an unlisted authorised representative in relation to the telecommunications service.

(2) Prior to undertaking the first high-risk customer transaction in the course of a high-risk customer interaction, an employee or agent of the carriage service provider for the telecommunications service who has completed fraud mitigation training must be satisfied that the requesting person is an unlisted authorised representative on the basis of documentary evidence (such as an enduring power of attorney or a financial management order) provided by the requesting person.

(3) If a carriage service provider completes one or more high-risk customer transactions under this section the provider must keep a record of the details of the transaction including: (a) the basis on which the employee or agent of the provider was satisfied that the requesting person is an unlisted authorised representative; and (b) any material or supporting evidence that was provided by the requesting person. (4) If a carriage service provider completes, or is intending to complete, one or more high-risk customer transactions under this section, either prior to, or immediately after, undertaking the first high-risk customer transaction, the provider must send a notification to the customer, or the customer’s authorised representative (the relevant person):

(a) by SMS message to the mobile service number which is listed on the customer’s account as the contact number for the customer; or

(b) by email to an email address that has been validated by the relevant person; or

(c) by an in-app message to a carriage service provider’s mobile application that has been validated by the relevant person; or

(d) to some other device or account which has been validated by the relevant person;

which informs the relevant person:

(e) that a high-risk customer interaction has been initiated; and

(f) what the relevant person can do if they did not authorise the transaction.

(5) The requirement in subsection (4) does not apply where there is no mobile service number, validated email address, validated mobile application or other validated device or account associated with the customer’s account. (6) The requirement in subsection (4) does not apply where: (a) the carriage service provider has reasonable grounds to believe that the customer is affected by domestic or family violence; and (b) the customer has requested that the notification not be sent. (7) If, in response to a notification sent for the purposes of subsection (4), a relevant person takes the action referred to in paragraph (4)(f): (a) an employee or agent of the carriage service provider for the telecommunications service who has completed fraud mitigation training must investigate the basis on which the satisfaction required by subsection (2) was attained; and (b) if the employee or agent is satisfied that there has been fraudulent activity in relation to the high-risk customer interaction, then: (c) if one or more high-risk customer transactions have already been completed by the carriage service provider, the provider must: (i) take steps to immediately reverse or remediate any completed transaction; (ii) notify the relevant person of steps taken by the carriage service provider under subparagraph (i); and (iii) notify the relevant person of what they can do to protect the customer’s account; or (d) if a high-risk customer transaction has not yet been undertaken by the carriage service provider, the provider must not undertake a high-risk customer transaction and must: (i) notify the relevant person that the carriage service provider has not undertaken the high-risk customer transaction; and (ii) notify the relevant person of what they can do to protect the customer’s account.