6Definitions

6 Definitions

(1) In this determination:

access-controlled defence site means defence premises which can only be accessed through a defence access control point.

account information authenticator means a process used to establish that the requesting person is the customer, or is the customer’s authorised representative, for the telecommunications service based on the requesting person’s knowledge of a piece of the customer’s account security information.

account managed customer means a customer of a carriage service provider where the provider assigns one or more of its employees or agents to be a designated contact person for the customer, in relation to all matters relating to the customer’s telecommunications services.

account security information means information which is created for the purpose of applying security to an account and which may include one or more of:

(a) an account username or login information which is used to log into the customer’s account on the carriage service provider’s website or mobile application;

(b) an account number;

(c) an account password;

(d) a personal identification number related to the account; or

(e) the answer to a security question which has been set up for the purposes of identity authentication.

Act means the Telecommunications Act 1997.

audio visual link means a facility, including closed‑circuit television, that enables reasonably contemporaneous and continuous audio and visual communication between persons at different places.

authorised representative means a person:

(a) who is listed by the customer on their account as having authority from the customer to deal with a carriage service provider on behalf of that customer as their representative; and

(b) whose personal information is recorded on the customer’s account.

biometric data means information about any measurable biological or behavioural characteristics of an individual that can be used to verify the identity of the individual, such as their face, fingerprints or voice.

business information means information about a customer who is not an individual.

business to business service request system means a system which is purpose-built for a customer to integrate the customer’s information technology systems with the carriage service provider’s information technology systems through which transactions relating to the customer’s telecommunication service can be conducted using secure methods of communication.

Example: Secure methods of communication include, for example, an application interface which connects the customer’s computers or software with the provider’s computers prior to which connection, authentication such as IP address ranges or encrypted channels is used.

category A document means a document mentioned in Table 1 in Schedule 1.

category B document means a document mentioned in Table 2 in Schedule 1.

customer means:

(a) an individual who acquires or may acquire a telecommunications service for the primary purpose of personal or domestic use and not for resale; or

(b) a business or non-profit organisation which acquires or may acquire one or more telecommunications services which are not for resale and which, at the time it enters into the customer contract:

(i) does not have a genuine and reasonable opportunity to negotiate the terms of the customer contract; and

(ii) has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000,

and who or which has entered into a customer contract with the carriage service provider.

customer contract means an arrangement or agreement between a carriage service provider and a customer for the supply of a telecommunications service to that customer and includes a standard form of agreement formulated by the carriage service provider for the purposes of section 479 of the Act.

defence access control point and defence premises have the same meanings as in section 71A of the Defence Act 1903.

digital mobile number means a special services number specified in Schedule 5 of the Telecommunications Numbering Plan 2015 for use with a digital mobile service.

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

emergency means an actual or imminent event (such as fire, flood, storm, earthquake, explosion or terrorist act) that:

(a) causes significant disruption to an individual or business; and

(b) that is perceived to threaten life or property.

foreign military ID card means an identification card:

(a) issued in the name of an individual by a foreign government;

(b) showing a photo of the individual; and

(c) identifying the individual as a current member of the defence forces of that government.

fraud mitigation training means training provided by a carriage service provider to its employees and agents for the purposes of implementing a strategy to detect fraudulent transactions and preventing those transactions from causing financial damage to the customer and carriage service provider.

government-accredited digital identity service means an online service that allows users of that service to verify their identity digitally to relying parties, where that service holds a valid accreditation status, as issued by the relevant government regulator.

government document means a document that is issued by the Commonwealth or a State or Territory that is evidence of the person’s identity in Australia or use of that identity in Australia.

Note: Examples of government documents include a current driver’s licence, Medicare card or Australian passport.

government online document verification service means an online service which allows users of that service to confirm the validity of information recorded on certain identification documents against the databases of the government agency that issued the relevant identification documents, in a manner authorised by that government agency or its representatives.

high-risk customer interaction means an interaction between a carriage service provider and a requesting person, in relation to a customer’s telecommunications service, initiated by either the requesting person or by the carriage service provider, during which one or more high-risk customer transactions are requested.

high-risk customer transaction means a transaction that may result in one or more of the following:

(a) a customer losing access to the customer’s telecommunications service;

(b) a change to a customer’s personal information, business information or account security information held by the carriage service provider relating to the customer’s account;

(c) adding or removing a person as a customer’s authorised representative;

(d) disclosure to the requesting person of a customer’s personal information, business information or account security information held by the carriage service provider relating to the customer’s account;

(e) an additional ongoing, or a large one-off charge being applied to a customer’s account;

Note: A carriage service provider should determine whether a charge is a large one-off charge with reference to the usual pattern of charges on a customer’s account. For example, a one-off charge of $200 may qualify as a large one-off charge for a customer with a regular monthly charge of $15.

but does not include any of the following:

(f) a transfer of title (also known as a change of ownership) where:

(i) the carriage service provider is satisfied that the end-user of a public number, who is not the customer for that number, is affected by domestic or family violence; and

(ii) the terms and conditions in the standard form of agreement, formulated by the carriage service provider for the purposes of section 479 of the Act, permit a transfer of title in those circumstances;

(g) a transaction to port a mobile number to which the Telecommunications (Mobile Number Pre-Porting Identity Verification) Industry Standard 2020 applies; or

(h) a transaction that may result in the disclosure to the requesting person of a customer’s personal information, business information or account security information where the information:

(i) is included in a bill or in other correspondence with the customer; or

(ii) is mostly hashed or obscured for the purpose of reminding a customer of the customer’s information; or

(iii) is included in notifications relating to a customer’s telecommunications service usage.

Note 1: A high-risk customer transaction includes, for example, a SIM swap request, a request to transfer a telecommunications service from being a post-paid carriage service to a pre-paid carriage service, a request for the activation of a telecommunications service where the customer is overseas, a request for a transfer of title (also known as change of ownership), a request to block an International Mobile Equipment Identity or a Permanent Equipment Identifier, a request to purchase an additional mobile communications device, and a request to add an additional carriage service to an account.

Note 2: Carriage service providers have obligations under the Telecommunications (Mobile Number Pre-Porting Identity Verification) Industry Standard 2020 to confirm that the person requesting the port (within the meaning of that standard) of a mobile service number is the rights of use holder (within the meaning of that standard) for that number. A carriage service provider which must comply with that standard is not required to comply with this determination in relation to a port.

identity authentication process means a process described in subsections 9(1), 9(2), 9(3), 10(2) or 11(2).

integrated customer means a customer who:

(a) uses an integrated service desk provided by the customer’s carriage service provider; or

(b) has a business to business service request system with a carriage service provider.

integrated service desk means a service provided to the customer which is tailored to the customer’s requirements through which the customer can communicate with the carriage service provider in relation to the customer’s telecommunications services via channels dedicated to their account, and may include a dedicated contact number, email mailbox or purpose-built applications.

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

mobile service number means a digital mobile number issued by a mobile carriage service provider to a customer in connection with the supply of a public mobile telecommunications service (other than a satellite telephone service).

person in vulnerable circumstances means a customer:

(a) who due to their personal circumstances, is experiencing, or is at risk of experiencing, harm, detriment or disadvantage, (including a customer who is overseas who has lost their mobile communications device or a customer who has been impacted by an emergency or domestic or family violence);

(b) who due to the circumstances in (a), cannot access a telecommunication service, device, or cannot provide category A documents or category B documents for the purpose of identity authentication; and

(c) in relation to whom, the carriage service provider is consequently unable to complete the identity authentication processes under section 9(3) or subsection 10(2).

A reference to a customer in this definition, includes their authorised representative.

personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, including the customer’s name, date of birth, and address:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

personal information authenticator means a process used to establish that the requesting person is the customer, or is the customer’s authorised representative, for the telecommunications service based on their knowledge of a piece of the customer’s personal information that is not account security information.

post-paid carriage service means a carriage service that is supplied by a carriage service provider to a person where:

(a) the service may be used fully or in part before payment for the supply of the service is made; and

(b) the person has arranged with the carriage service provider to pay either an amount notified in an invoice issued by the carriage service provider, or instalments of fixed amounts at regular intervals (whether or not, notified in an invoice), for the supply of the service.

pre-paid carriage service means a carriage service that has the following characteristics:

(a) it is a public mobile telecommunications service used in connection with a public number;

(b) the payment for the supply of the service must be made before the service is used, unless the supplier of the service has not required payment for the initial supply of the service; and

(c) it is not a post-paid carriage service.

public number means a number specified in the Telecommunications Numbering Plan 2015 for use in connection with the supply of carriage services to the public in Australia.

requesting person means a person who:

(a) has contacted a carriage service provider; or

(b) has been contacted by a carriage service provider,

in relation to a transaction that results in a high-risk customer interaction.

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

SIM means a subscriber identity module.

SIM swap request means the transfer of a public number connected to a public mobile telecommunications service from one SIM to a new SIM.

SMS message means a message or series of messages sent using a short message service.

special services number has the same meaning as in section 31 of the Telecommunications Numbering Plan 2015.

telecommunications service means any of the following carriage services:

(a) standard telephone service;

(b) public mobile telecommunications service;

(c) a carriage service that enables customers to access the internet.

unlisted authorised representative means a person who is authorised by the customer, or by a court or tribunal or any other body legally empowered to represent customers, to act on behalf of the customer, other than an authorised representative.

validated: see subsection (2).

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

(a) carriage service;
(b) carriage service provider;
(c) public mobile telecommunications service;
(d) standard telephone service.

Note: (2) An email address, mobile application, device or account (the contact point) has been validated by a customer or authorised representative if the customer or authorised representative has undertaken a security process required by the carriage service provider in relation to the contact point which verifies that the customer or authorised representative has access to the contact point.