CONTENTS Outline Part 1 - Preliminary 1.1 Preliminary
1.2 Commencement
1.3 Repeal
1.4 Definitions
1.5 Pre-paid public mobile telecommunications services Part 2 - Purpose and application of determination 2.1 Purpose
2.2 Requirements Part 3 - Collection of information and verification of identity at point of sale 3.1 Application of Part 3
3.2 Requirements to be satisfied before service is activated
3.3 Information to be collected about purchaser
3.4 Verification of identity of purchaser - payment otherwise than credit or debit card
3.5 Verification of identity of purchaser - non-cash payment Part 4 - Post-sale collection of information and verification of identity 4.1 Application of Part 4
4.2 Requirements to be satisfied before service is activated
4.3 Information to be collected about purchaser
4.4 Application of Division 4.3
4.5 Obtaining identifying information about end-user
4.6 Verification of identifying information
4.7 Procedures if required amount of identifying information cannot be verified during initial call Part 5 - Keeping Records 5.1 Carriage service provider to keep records
5.2 Agent to keep records Part 6 - Continued use of numbers 6.1 Renewal of activation of service Part 7- Restriction on use of numbers 7.1 Restriction for failure to give information
7.2 Restriction because of incomplete or incorrect records
7.3 Restriction at request of criminal law-enforcement agency
7.4 Carriage service provider to inform purchasers of effect of this Part Schedule 1 Information about purchasers or end-users Part 1 Information about individuals
Part 2 Information about corporations or other non-individuals Schedule 2 Documents for verification of identity of purchasers and end-users Part 1 Category A documents
Part 2 Category B documents Schedule 3 Information for verification of identity of end-users
Outline The Telecommunications
(Service Provider- Identity Checks for Pre-paid Public Mobile
Telecommunications Services) Determination 2000 replaces the Telecommunications (Service Provider- Identity Checks for Pre-paid Carriage Services) Determination 1997. The new determination is made under subsection 99(1) of the Telecommunications Act 1997 ('the Act'). Subsection
99(1) allows the Australian Communications Authority (ACA) to make a
written determination setting out rules that apply to service providers
in relation to the supply of either or both of: - specified carriage services
- specified content services.
Subsection
99(3) limits the ACA to making determinations on matters specified in
regulations or in section 346 (which relates to disaster plans). The
relevant enabling regulations are the Telecommunications (Service Provider Determinations) Regulations 1997 as amended by the Telecommunications (Service Provider Determinations) Amendment Regulations 2000 (No.1). Since
1997, the pre-paid carriage services market has experienced huge
growth. As the number of services and end-users has increased,
compliance problems have also become evident. The new determination
permits an alternative approach whereby relevant information on
pre-paid users would be collected via a post-sale process (with
verification of identity) rather than at point of sale. The purpose of
the new determination is to create an enhanced regime for pre-paid
carriage service identity checks. It is envisaged that the enhanced
procedures may become the industry standard once their effectiveness is
assessed over several years of implementation. The new
determination continues the requirements on carriage service providers
and carriage service intermediaries in relation to the supply of
pre-paid mobile carriage services. The requirements are to collect
customer information and, in certain circumstances, to verify that
information. In addition, there are requirements in relation to the
issuing of five or more services, keeping records of the information
and documentation provided and the use of numbers where a person either
does not provide the information in Part 3 or Part 4, or provides
incomplete or inaccurate information. Back to the Top
Notes on Sections 1.1
Telecommunications (Service Provider - Identity Checks for Pre-Paid
Public Mobile Telecommunications Services) Determination 2000. Section 1.1 provides the determination may be cited as the Telecommunications
(Service Provider - Identity Checks for Pre-Paid Public Mobile
Telecommunications Services) Determination 2000. 1.2 Commencement Section 1.2 provides the determination commences on gazettal. 1.3 Repeal Section 1.3 repeals the Telecommunications (Service Provider - Identity Checks for Pre-paid Carriage Services) Determination 1997. 1.4 Definitions Section 1.4 sets out the following definitions: Act means the Telecommunications Act 1997 activate in relation to a pre-paid public mobile telecommunications service, means to enable the service to be used: - to make calls other than to the emergency call service or to the carriage service provider and
- to receive calls.
This
definition will apply particularly with respect to post-sale
verification procedures, whereby a service may be sold but not
activated until the required verification of identity of the end-user
has occurred. agent of a carriage service
provider, means a person authorised, in writing, by the carriage
service provider to supply a pre-paid public mobile telecommunications
service. An example of an agent is a retail outlet that sells a
customer a telecommunications device and also arranges for a number to
be provided to the customer. The number may come from an issue of
numbers, through the outlet, by a carrier or a carriage service
provider. category A document means a document mentioned in Part 1 of Schedule 2. category B document means a document mentioned in Part 2 of Schedule 2. end-user of a pre-paid public mobile telecommunications service means the person who uses the service to make calls. issue ,
in relation to a number and a pre-paid public mobile telecommunications
service, means the issue to a person by the carriage service provider,
or an agent of the carriage service provider, of the number to be used
in connection with the service. number means a public number. pre-paid public mobile telecommunications service has the meaning given by section 1.5. public number has the meaning given by subclause 10 (3) of Schedule 2 to the Act. purchaser of
a pre-paid mobile telecommunications service, means the person who pays
for the service at the point of sale of the service. rates statement means
a statement of account for council rates, or rates imposed by the
Legislative Assembly of the Australian Capital Territory. senior officer , in relation to a criminal law-enforcement agency, has the meaning given by subsection 282(10) of the Act. Reference
is also made in section 1.4 to the definitions of ACA, carriage
service, carriage service provider, communications, emergency call
service, public mobile telecommunications service and service provider
in the Act . Back to the Top 1.5 Pre-paid public mobile telecommunications services Section
1.5 provides that, for the purposes of this Determination, a public
mobile telecommunications service is a pre-paid public mobile
telecommunications service if: - a carriage service provider, or agent of the carriage service provider, supplies the service to a purchaser and
- the purchaser is issued with a number for use in connection with the service and
- the purchaser pays for the service before it used and
- no other person (including another carriage service provider) gives the purchaser an account for the service after it is used.
The
determination does not apply to other forms of pre-payment that exist
for telecommunications access but which are not used in conjunction
with a public number. For example, it does not apply to pre-paid cards
used in pay phones, nor to calling cards which can be used from any
phone but which direct the charge for the call to a specified account. Back to the Top
Section 2.1 Purpose and application of Determination Section
2.1 sets out the purpose of the determination and refers to subsection
99(1) of the Act. Subsection 99(1) gives the ACA the power to make a
written determination setting out rules that apply to service providers
in relation to the supply of specified carriage services and/or
specified content services. In accordance with subsection 99(4) of the
Act the ACA consulted with the Australian Competition and Consumer
Commission (ACCC) before making the determination. The determination relates to a matter specified in the Telecommunications (Service Provider Determinations) Regulations 1997. Subsection
2.1(2) provides that the determination sets out the conditions that are
applicable in relation to the supply of a pre-paid public mobile
telecommunications service. Attachment A, the Regulation Impact
Statement, gives more detail about the reasons for the conditions set
out in this determination. Subsection 2.1(3) provides that the determination does not apply where the requirements: - of
the determination have been met for a previous sale (if any) to the
person of a pre-paid carriage service associated with the number
- of the Telecommunications (Conditions for Allocation of Numbers) Determination 1997 have been met for an allocation of the number to the person or
- of the Telecommunications (Service Provider - Identity Checks for Pre-paid Carriage Services) Determination 1997 have been met.
Under
the Act, a carriage service provider must comply with service provider
rules which apply to the carriage service provider. Where a carriage
service provider breaches an applicable service provider rule, the ACA
may issue a formal warning to the carriage service provider or a
written direction to a carriage service provider requiring the person
to take specified action directed towards ensuring that the carriage
service provider does not contravene the rule. The ACA may also
institute proceedings in the Federal Court under Parts 30 and 31 of the
Act to seek injunctions or civil penalties on behalf of the
Commonwealth. Back to the Top 2.2 Requirements that must be satisfied before service is activated Subsection
2.2(1) provides that a carriage service provider who supplies a
pre-paid public mobile telecommunications service to a person must not
activate that service unless the carriage service provider has: - in
accordance with the rules set out in Part 3, collected certain
identifying information about, and, if necessary, verified the identity
of, the purchaser of the service at the point of sale of the service or
- in
accordance with the rules set out in Part 4, collected certain
identifying information about, and, if necessary, verified the identity
of, the end-user of the service by means of a call from the end-user
using the service that is automatically diverted to the carriage
service provider after the completion of the sale of the service.
Part 3 rules refers to the collection of information and if relevant the verification of that information at the point of sale. Part
4 rules refers to the collection of information and if relevant the
verification of personal information by the CSP post sale. Part
4 outlines post-sale collection of information and verification of
identity and represents the enhanced regime for pre-paid public mobile
telecommunications service identity checks that this determination
permits, in addition to the point-of sale identity checks provided for
in the Telecommunications (Service Provider - Identity Checks for Pre-paid Carriage Services) Determination 1997 ('the 1997 determination'). Subsection
2.2(2) requires the carriage service provider to keep a record for each
individual pre-paid service supplied of whether the carriage service
provider complied with the rules set out in Part 3 or the rules set out
in Part 4. Subsection 2.2(3) provides for the situation where a
carriage service provider authorises an agent to comply with the Part 3
rules in relation to the supply of a pre-paid public mobile
telecommunications service. In that instance, the subsection stipulates
that the agent cannot activate the service unless the agent has first
complied with those rules. Subsection 2.2(4) states that a
carriage service provider must not authorise an agent to comply with
the rules in Part 4 in relation to the supply of a pre-paid public
mobile telecommunications service. The section is intended to clarify
that only carriage service providers can collect and verify the
information set out in that Part. The subsection also seeks to ensure
that carriage service providers do not delegate to an agent the
decision as to which method is used. Back to the Top
Part
3 sets out the information which must be collected by a carriage
service provider (or issuer where applicable) before issuing a number
to an applicant as part of the supply of a pre-paid public mobile
telecommunications service where this is done at the point of sale. 3.1 Application of Part 3 Section
3.1 provides that Part 3 sets out the rules applicable to the point of
sale arrangements for supply of a pre-paid public mobile
telecommunications service. 3.2 Requirements to be satisfied before service is activated Subsection
3.2(1) requires that, before activating the service, the carriage
service provider must collect information about the purchaser in
accordance with section 3.3 and, if applicable, verify the identity of
the purchaser in accordance with sections 3.4 or 3.5. Section 3.4 only
applies if the purchaser of the service is an individual who offers to
pay for the service otherwise than by credit card or debit card, for
example, by cash or cheque. Subsection 3.2(2) requires that subsection 3.2(1) be complied with at the point of sale. Subsection
3.2(3) provides that where the carriage service provider using the Part
3 rules has authorised an agent to supply pre-paid public mobile
telecommunications services on its behalf, the carriage service
provider must make arrangements with the agent to ensure that the agent: - complies with the rules in Part 3 and
- gives
to the carriage service provider any information collected, or details
of any documents seen, in complying with this Part.
3.3 Information to be collected about purchaser Subsection
3.3(1) provides that the carriage service provider must collect the
following information about the purchaser of the service: - if the purchaser is an individual, the information mentioned in Part 1 of Schedule 1
if
the purchaser is a corporation or any other person who is not an
individual, the information mentioned in Part 2 of Schedule 1.The Note,
under subsection 3.3(1) references subsection 22(1) of the Acts Interpretation Act 1901 to state that individual is defined as a natural person (ie. not a corporation). Subsection
3.3(2) provides that the applicant may give information to the carriage
service provider orally or by showing a document setting out the
information. 3.4 Verification of identity of purchaser - payment otherwise than by credit card or debit card Subsection
3.4(1) provides that the carriage service provider must verify the
identity of the purchaser of the service in accordance with this
section if: - the purchaser is an individual and
- the purchaser offers to pay for the service otherwise than by credit card or debit card, for example by cash or cheque.
Subsection
3.4(2) sets out the information to be verified. The carriage service
provider must verify the identity of the purchaser by seeing: - 1 category A document identifying the purchaser or
- 2 category B documents, each of a different kind, identifying the purchaser.
Category
A documents include but are not limited to a drivers licence or permit,
a passport, and a birth certificate all in the name of the purchaser. Category
B documents include but are not limited to a credit or debit card, a
medicare card, and a bank passbook all in the name of the purchaser. Subsection
3.4(3) provides, however, that if the purchaser informs the carriage
service provider that the activation of the service will result in the
purchaser having 5 or more activated pre-paid public mobile
telecommunications services then additional documents must be verified.
Specifically, the carriage service provider must see either 2 category
A documents or 1 category A and 2 category B documents (each of a
different kind) identifying the purchaser. Subsection 3.4(4)
requires that if a document shown includes an expiry date, the carriage
service provider must be satisfied that the document has not expired. Back to the Top 3.5 Verification of identity of purchaser - non-cash payment Subsection
3.5(1) provides that the carriage service provider must verify the
identity of the purchaser of the service in accordance with section 3.5
if: - the purchaser is an individual and
- the
purchaser informs the carriage service provider that activation of the
service will result in the purchaser having 5 or more activated
pre-paid public mobile telecommunications services and
- the carriage service provider was not required to verify the purchasers identity under subsection 3.4(3).
Where
the above three conditions apply, subsection 3.5(2) states that the
carriage service provider must verify the identity of the purchaser by
seeing: - 2 category A document identifying the purchaser or
- 1 category A document, and 2 category B documents each of a different kind, identifying the purchaser.
Subsection
3.5(3) mirrors the requirement in subsection 3.4(4) so that if a
document shown includes an expiry date, the carriage service provider
must be satisfied that the document has not expired.
Division 4.1 General This
Division provides the general requirements for collection of
information and verification of identity where these are undertaken
post sale. 4.1 Application of Part 4 Section
4.1 provides that Part 4 sets out the rules that a carriage service
provider must comply with if the carriage service provider chooses to
collect information about, and, if necessary, verify the identity of,
the end-user of a pre-paid public mobile telecommunications service by
means of a call from the end-user using the service that is
automatically diverted to the carriage service provider after the
completion of the sale of the service, that is post-sale. 4.2 Requirements to be satisfied before service is activated Section 4.2 provides that the carriage service provider, before activating the service, must: - collect information about the end-user in accordance with Division 4.2 and
- if applicable, verify the identity of the end-user in accordance with Division 4.3.
The
Note clarifies that Division 4.3 does not apply if the end-user is a
corporation or any other person who is not an individual. Division 4.2 Information to be collected about end-user Back to the Top 4.3 Information to be collected about end-user Subsection
4.3(1) provides that the carriage service provider must collect the
following information about the end-user of the service: - if the end-user is an individual, the information mentioned in Part 1 of Schedule 1
- if
the end-user is a corporation or any other person who is not an
individual, the information mentioned in Part 2 of Schedule 1.
The information required in Part 1 of Schedule 1 is : - the name and residential address of the purchaser or end-user, if known,
- the intended use of the service, for example government, business, charitable or private purposes and
- the number of other activated pre paid public mobile telecommunications services supplied to the purchaser or end-user.
The information required in Part 2 of Schedule 1 is: - the name and business address of the corporation or other person
- at
least one of the following numbers, the Australian Company Number (if
any) or Australian Registered Body Number (if any), or Australian
Business Number (if any), given to the corporation, or other person,
under the Corporations Law
- the name of the person seeking
activation of the service on behalf of the corporation, or other
person, and evidence of the person's authority to seek the activation
- if known, the intended use of the service, for example government, business, charitable or private purposes and
- the number of other activated pre paid public mobile telecommunications services supplied to the corporation or other person.
Subsection
4.3(2) provides for the end-user to give the information to the
carriage service provider orally or by delivering or sending, by post
or facsimile transmission, documents stating the information. Division 4.3 Verification of identity of end-user 4.4 Application of Division 4.3 Section
4.4 states the application of Division 4.3 which is to sets out the
verification requirements of individuals who are not applying for
activation of a service on behalf of a corporation or other person who
is not an individual. 4.5 Obtaining identifying information about end-user Under
subsection 4.5(1), a carriage service provider must obtain a total of
30 points of identifying information about the end-user of the service. An
exception to subsection 4.5(1) is where an end-user informs a carriage
service provider that the activation of the pre-paid service will
result in the end-user having 5 or more activated pre-paid public
mobile telecommunications services. In that instance, section 4.5(2)
states the carriage service provider must obtain a total of 40 points
of information about the end-user. Back to the Top Subsection
4.5(3) explains that the identifying information must be information of
the kind mentioned in column 2 of an item in Schedule 3. Under
subsection 4.5(4), the number of points allocated to each item of
identifying information obtained, and verified, must be the number of
points mentioned in column 3 of the item in Schedule 3. Examples from Schedule 3 of the kinds of information and the number of points are: | ITEM | KIND OF INFORMATION | NUMBER OF POINTS | | 1 | Full name of end-user, including second and any other name | 5 | | 2 | Residential address and, if different, postal address of end-user | 5 | | 4 | Public number of any fixed line telephone service at the end-users residential address | 5 | | 7 | The name and address of the end-user's employer | 10 | | 9 | The name of the nearest cross-street to the end-user's residential address | 10 | | 10 | The name of any other adult living at the same residential address as the end-user | 10 | 4.6 Verification of identifying information Under subsection 4.6(1), a carriage service provider must verify the identifying information by matching it with: - information about the end-user recorded in a database held by the carriage service provider or another person or
- information seen by the carriage service provider stated in documents of the kind mentioned in Schedule 2 held by the end-user.
Subsection
4.6(1) enables a carriage service provider to verify the identifying
information by using information already held by the carriage service
provider about the end-user. An example of this is information obtained
in relation to another carriage service provided by the carriage
service provider to the end-user. A carriage service provider
must, under subsection 4.6(2), comply with Commonwealth privacy and
anti-discrimination laws. These include, but are not limited to the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992 and the Human Rights and Equal Opportunity Act 1986. Back to the Top 4.7 Procedures if required amount of identifying information cannot be verified during initial call Subsection
4.7(1) provides that section 4.7 sets out the procedures to be followed
if the carriage service provider is not able to verify the required
number of points of identifying information about the end-user of the
service during the initial call from the end-user to the carriage
service provider. Under subsection 4.7(2) the carriage service provider must inform the end-user of the service that: - the
carriage service provider is unable to activate the service because the
carriage service provider was unable to verify the identity of the
end-user and
- if the end-user wishes to enable the service to
be activated, the end-user must show to the carriage service provider
the documents mentioned in subsection 4.7(3).
The Note
under the subsection explains that if, after being informed of the
matters under subsection 4.7(2), the end-user decides not to seek
activation of the service, the end-user may return the item to the
carriage service provider, or agent, and on doing so, the end-user is
entitled to receive a refund of the price paid for the service. Subsection
4.7(3), states the documents which must be provided if an end-user
wishes the service to be activated. Paragraph 4.7(3)(a) provides the
documents are either: - 1 category A document identifying the end-user or
- 2 different kinds of category B documents identifying the end-user.
However,
under subsection 4.7(3)(b), if the end-user informs the carriage
service provider that the activation of the service will result in the
end-user having 5 or more activated pre-paid public mobile
telecommunications services, the documents are: - 2 category A documents identifying the end-user or
- 1 category A document and 2 different kinds of category B document identifying the end-user.
Again,
subsection 4.7(4) mirrors the requirements in subsections 3.4(4) and
3.5(3) where if the document includes an expiry date, the carriage
service provider must be satisfied that the document has not expired. Back to the Top
5.1 Carriage service provider to keep records Under
subsection 5.1(1), a carriage service provider must keep written
records in relation to each pre-paid public mobile telecommunications
service supplied by the carriage service provider. Subsection
5.1(2) sets out the records that the carriage service provider must
keep relating to an applicant. Those records are: - The name of the carriage service provider
- The number issued by the carriage service provider for the service
- If
the carriage service provider complied with Part 3, the information
collected under section 3.3 and if applicable, details of the kind of
document seen by the carriage service provider under section 3.4 or 3.5
and in the case of a service purchased by credit or debit -
details of the card, recorded in a way that can be linked to the number
issued by the carriage service provider for the service
- If the
carriage service provider complied with Part 4, the information
collected under section 4.3 and if the carriage service provider
obtained and verified identifying information about the end-user under
sections 4.5 and 4.6 the item numbers in column 1 of Schedule 3 that
relate to the identifying information obtained and verified, and the
total number of points allocated to the identifying information and, if
applicable, details of the kind of document seen by the carriage
service provider under section 4.6.
- Any other information that the ACA requires, by notice in writing to the carriage service provider, to be recorded.
Subsection
5.1(3) requires the carriage service provider to keep the records for
as long as the pre-paid public mobile telecommunications service using
the issued number is still activated. 5.2 Agent to keep records Section
5.2 applies if a carriage service provider has authorised an agent to
supply pre-paid public mobile telecommunications services for the
carriage service provider and to comply with the rules in Part 3. In
that instance, the carriage service provider must make arrangements
with the agent to ensure the agent complies with the record-keeping
requirements in section 5.1 (except those in paragraph 5.1(2)(d)) in
relation to each pre-paid public mobile telecommunications service
supplied by the agent for the carriage service provider. Back to the Top
6.1 Renewal of activation of service 6.1(1)
This section applies in relation to a pre-paid mobile
telecommunications service if the carriage service was supplied to a
person and activated before the commencement of the Determination and
the carriage service provider, or agent, that supplied the service had
not, in relation to the supply, complied with the requirements in: - the Telecommunications (Conditions for Allocation of Numbers) Determination 1997 or
- the Telecommunications (Service Provider - Identity Checks for Pre-paid Carriage Service) Determination 1997 and
as a result of the service not being used, the service is deactivated. Under
subsection 6.1(2), the carriage service provider must, before renewing
the activation of the service, comply with Part 4 in relation to the
end-user. This will be required only once subsequent renewals are not
affected by this provision. This section does not apply to the adding
of value to the balance that is used for making calls, that is, to the
purchase of recharge cards.
Part
7 contains provisions relating to non-compliance. It allows for use of
numbers for pre-paid public mobile telecommunications service to be
restricted where there has been non-compliance or where incorrect or
incomplete information has been supplied by the applicant and there is
a reasonable suspicion that the pre-paid carriage service is being used
to engage in serious criminal conduct. 7.1 Restriction for failure to give information Section
7.1 provides that a carriage service provider must not allow a person
to use a number if the person applies for a pre-paid public mobile
telecommunications service and does not supply the information required
under Part 3 or Part 4. 7.2 Restriction because of incomplete or incorrect records Section
7.2 stipulates two circumstances in which a carriage service provider
must not allow a person to use a number in connection with a pre-paid
public mobile telecommunications service. The first is if the provider
has not collected the required information about and if necessary
verified the identity of the person in accordance with the
Determination. The second is if the carriage service provider has
reasonable grounds for suspecting that the written records kept by it
contain incorrect information. 7.3 Restriction at request of law enforcement agency Section
7.3 provides a mechanism by which a law enforcement agency can, in
certain circumstances, request a carriage service provider to restrict
the use of a number. Restriction of the use of the number is a serious
step that should not be undertaken lightly. Therefore, there are two
conditions to be met before a law enforcement agency can request this
to occur. These are that a senior officer of the agency has reasonable
grounds for suspecting that a person has used or is likely to use the
service to engage in serious criminal conduct and that the restriction
is necessary for a purpose mentioned in subsections 313(3) or (4) of
the Act. Subsections 313(3) and (4) of the Act respectively
impose requirements on carriage service providers and carriage service
intermediaries to give officers and authorities of the Commonwealth
such help as is reasonably necessary for the purpose of: enforcing the
criminal law or laws imposing a pecuniary penalty protecting the public
revenue and safeguarding national security. Although not
mentioned in this Instrument, subsection 313(5) of the Act is also
relevant in that it provides that a carriage service provider is not
liable to an action or other proceeding for damages for or in relation
to an act done or omitted in good faith in performance or purported
performance of the duty imposed by subsection 313(3) or 313(4). Back to the Top 7.4 Carriage service provider to inform purchasers of effect of this Part Section
7.4 requires carriage service providers to inform each person who
applies for activation of a public mobile telecommunications service
and each end-user of such a service of the effect of Part 7.
Part 1 Information about individuals This
part sets out what information a purchaser or end-user who is an
individual seeking a number as part of the supply of a pre-paid public
mobile telecommunications service must give. The items in Part 1 are as
follows- - The applicants name and residential address.
- Whether the number is to be used for government, business, charitable or private purposes (if known).
- The
total number of other activated pre-paid public mobile
telecommunications services (if any) that have been supplied to the
purchaser or end-user.
Except for item 3, these items
correspond closely to the information that is held in the Integrated
Public Number Database (IPND) as set out in Clause 10(4) of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997. Back to the Top Item
3, which requires an purchaser or end-user to tell the CSP or agent the
total number of other activated services held, does not relate to the
requirements of the IPND. Additional requirements are applicable where
an individual holds five or more numbers. The two provisions are
intended to operate together in recognition that a CSP or agent may not
be in a position to know the total number of services a person holds. Part 2 Information about corporations or other non-individuals Part
2 sets out the requirements where the purchaser or end-user is not an
individual, that is, where the customer is a business or company. The
items in Part 2 are as follows: - The name and business address of the corporation or other person.
- At least one of the following numbers:
- the Australian Business Number (if any) allocated to the corporation or other person, under the A New Tax System (Australian Business Number) Act 1999
- the Australian Company Number (if any), given to the corporation, or other person, under the Corporations Law or
- Australian Registered Body Number (if any) given to the corporation, or other person, under the Corporations Law.
- The
name of the person seeking activation of the service on behalf of the
corporation, or other person, and evidence of the person's authority to
seek the activation.
- If known, the intended use of the service, for example government, business, charitable or private purposes.
- The number of other activated pre paid public mobile telecommunications services supplied to the corporation or other person.
Points
1 and 5 above correspond to IPND requirements, while points 2, and 3
are designed to give assurance about the authenticity of the
information provided and to stand in place of the requirements imposed
in certain circumstances on individuals such as where payment is by
cash or cheque and where the customer holds 5 or more pre-paid services.
If
a customer is paying for a pre-paid service by cash or cheque, the
customer must produce supporting documentation confirming their
identity. The required documentation falls into two categories
set out in Part 1 and Part 2. Subsection 1.4 and 4.6 requires the
customer to provide either one category A document from Part 1 or two
different kinds of category B documents from Part 2. Subsection 3.4(4)
provides that where a document includes an expiry date, the CSP must be
satisfied that the document has not expired. Back to the Top Part 1 Category A documents The documents in this category are: - An identification card issued to the purchaser or end-user by a tertiary institution.
- A licence or permit issued in the name of the applicant or end-user under a Commonwealth, State or Territory law.
- A passport issued in the name of the purchaser or end-user.
- A
statement issued under a Commonwealth, State or Territory law to the
effect that the purchaser or end-user is entitled to receive a
financial benefit.
- A birth certificate in the name of the purchaser or end-user, or in a former name of the purchaser or end-user.
- A document that is recognised as proof of identity under a Commonwealth, State or Territory law.
Item 2 above includes a drivers licence. Part 2 Category B documents The documents in this category are: - A credit card, debit card or automatic teller machine card showing the name and signature of the purchaser or end-user.
- A medicare card issued in the name of the purchaser or end-user.
- A passbook from a bank issued in the name of the purchaser or end-user.
- A
statement of account for a fixed network telephone service issued in
the previous 12 months, showing the name and address given by the
purchaser or end-user under paragraph 3.3(1)(a) or 4.3(1)(a).
- A
rates statement issued in the previous 12 months, showing the name and
address given by the purchaser or end-user under paragraph 3.3(1)(a) or
4.3(1)(a).
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This
schedule details the kinds of information that can be used to verify
the identity of end-users as required under section 4.5 of the
Determination. The kinds of information are detailed below: - Full name (including second and any other name) of the end-user.
- Residential address and, if different, postal address of the end-user.
- Date of birth of the end-user
- The public number of any fixed line telephone service at the end-user's residential address.
- The
name of the pre-selected carriage service provider of any fixed line
telephone service at the end-user's residential address.
- If the end-user has had a different residential address within the previous 3 years - that address.
- The name and address of the end-user's employer.
- The number and country of issue of a current passport issued to the end-user.
- The name of the nearest cross-street to the end-user's residential address.
- The name of any other adult living at the same residential address as the end-user.
- The name of any adult relative living at a different residential address to the end-user.
Under section 4.5, Items 1 to 5 are worth 5 points each. Items 6 to 11 are worth 10 points each. In
some cases the CSP's own customer database will contain information
pertaining to items 1 5 within the Schedule. Item 8 requesting
passport details is not able to be totally verifiable, only a number
range corresponding to the country of issue of the passport. Items 7
and 9 are available from specific databases while the remaining items
can be accommodated either by the electoral roll data or real estate
data. CSPs are able to probably reach up to a total of 25 points
using their own customer database, only requiring minimal use of an
external database to reach the target of 30 points for an identity
verification of an end-user. Back to the Top | 
