12Requirements relating to the registration of sender identifications on behalf of a non-ABN entity

12 Requirements relating to the registration of sender identifications on behalf of a non-ABN entity

Subject to subsection (2), if:

a non-ABN entity requests a certified telecommunications provider to make an application for registration of a sender identification in the Register on behalf of the entity; and the provider agrees to send sender identification messages on behalf of the entity;

the provider must make an application for registration of the sender identification in the Register on behalf of the entity.

Before making the application, the provider must ask the entity if it is an entity associate for another entity. If the entity is an entity associate for another entity (the other entity), the provider must:

apply to the ACMA for an approval on behalf of the entity associate under section 484F of the Act; and confirm with the other entity that the entity associate is authorised by the other entity to send sender identification messages that includes that other entity’s sender identification registered in the Register; and subject to paragraph (b), if the sender identification is not registered in the Register – make an application for registration of the sender identification on behalf of the other entity.

Before making the application, the provider must do the following:

confirm the identity of the person who has requested the provider to make the application on behalf of the entity, using an identity verification service; and confirm that the person is an authorised representative of the entity; and confirm that the entity has been officially recognised or certified by a governing body, regulatory authority or accreditation organisation in the country in which the entity is based; and establish that the entity has a valid use case for the sender identification by confirming that there is a sender identification match for the entity using a trademark register or an official register or record in the country in which the entity is based.

Note: For example, the provider may check that the entity is listed on an official business register for the country in which the entity is based, or that it has been accredited by an industry association.

Subsection (4) does not apply where:

the non-ABN entity is a government agency that intends to use a sender identification in relation to which there is no sender identification match for the entity; and that sender identification relates to an emergency, or a matter of public health, safety or security; and the entity has provided evidence to the provider that satisfies the provider of the reason why the agency intends to use the sender identification rather than its trademark or name on an official register or record in the country in which the entity is based, as relevant.