Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA must make a written determination imposing requirements on any or all of the following:
(a) carriers;
(b) carriage service providers;
(c) emergency call persons;
in relation to emergency call services.
(2) In making a determination under this section, the ACMA must have regard to the following:
(a) the objective that a carriage service provider who supplies a standard telephone service should provide each end - user of that standard telephone service with access, free of charge, to an emergency call service, unless the ACMA considers that it would be unreasonable for such access to be provided;
(b) the objective that, if a carriage service provider who supplies a standard telephone service is required to provide each end - user of that standard telephone service with access to an emergency call service operated by a recognised person, the recognised person should:
(i) receive and handle calls made by those end - users to the relevant emergency service number; and
(ii) if appropriate--transfer such calls to an appropriate emergency service organisation; and
(iii) if appropriate--give information in relation to such calls to an appropriate emergency service organisation;
(c) the objective that emergency service organisations should not be charged for services provided by a recognised person who operates an emergency call service, being services by way of:
(i) receiving and handling calls to an emergency service number; or
(ii) transferring such calls to an emergency service organisation; or
(iii) giving information in relation to such calls to an emergency service organisation;
(d) the objective that emergency service organisations should not be charged for the following carriage services:
(i) carriage services used to connect calls made to an emergency service number;
(ii) carriage services used to transfer such calls to an emergency service organisation;
(iii) carriage services used to give information in relation to such calls to an emergency service organisation;
(e) the objective that, as far as practicable, a common system is used to:
(i) transfer calls made to an emergency service number to an emergency service organisation; and
(ii) give information in relation to such calls to an emergency service organisation;
(f) the objective that calls made to an emergency service number are transferred to an appropriate emergency service organisation with the minimum of delay;
(g) the objective that, from the perspective of an ordinary end - user of a standard telephone service, there appears to be a single national emergency call system;
(h) the objective that reasonable community expectations for the handling of calls to emergency service numbers are met;
(i) the objective that carriage services used to make calls to an emergency service number should, as far as practicable, provide the emergency call person concerned with automatic information about:
(i) the location of the caller; and
(ii) the identity of the customer of the service being used by the caller;
(j) the objective that carriers should provide carriage service providers with access to:
(i) controlled carriage services of the carriers; and
(ii) controlled networks of the carriers; and
(iii) controlled facilities of the carriers;
in order that the providers can comply with their obligations under the determination;
(k) the objective that carriage service providers should provide other carriage service providers with access to:
(i) controlled carriage services of the first - mentioned providers; and
(ii) controlled networks of the first - mentioned providers; and
(iii) controlled facilities of the first - mentioned providers;
in order that the other providers can comply with their obligations under the determination;
(l) the objective that a determination should be consistent with the following:
(i) Australian Privacy Principle 6;
(ib) each registered APP code (as defined in the Privacy Act 1988 ), if any, that binds a participant in a section of the telecommunications industry;
(ii) codes registered under Part 6 of the Telecommunications Act 1997 ;
(iii) standards determined under Part 6 of the Telecommunications Act 1997 .
(3) Subsection (2) does not, by implication, limit the matters to which the ACMA may have regard.
(4) A determination under this section may deal with ancillary or incidental matters, including the protection of the privacy of information transmitted in connection with a call to an emergency service number.
(5) A determination under this section may deal with performance standards, including (but not limited to) performance standards relating to:
(a) the answering of calls to emergency service numbers; and
(b) delays in transferring calls made to an emergency service number to the appropriate emergency service organisation; and
(c) the handling of complaints about emergency call services.
(6) Subsections (4) and (5) do not, by implication, limit subsection (1).
(7) A determination under this section is a legislative instrument.
(8) In making a determination under this section, the ACMA may apply, adopt or incorporate (with or without modification) any matter contained in a code or standard proposed or approved by a body or association, either:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
This subsection does not, by implication, limit section 589 of the Telecommunications Act 1997 .
(9) Before making a determination under this section, the ACMA must consult representatives of each of the following groups:
(a) carriers;
(b) carriage service providers;
(c) recognised persons who operate an emergency call service;
(d) emergency service organisations;
(e) consumers of standard telephone services.
(9A) Before making a determination under this section, the ACMA must consult the Secretary.
(10) A carriage service provider may provide the access referred to in paragraph (2)(a) itself or by arranging with another person for the access to be provided.
(11) In this section:
"emergency service organisation" means:
(a) a police force or service; or
(b) a fire service; or
(c) an ambulance service; or
(d) if there is a numbering scheme manager--a service specified by the ACMA for the purposes of this paragraph in a legislative instrument; or
(da) if there is no numbering scheme manager--a service specified for the purposes of this paragraph in the numbering plan made by the ACMA; or
(e) a service for despatching a force or service referred to in paragraph (a), (b), (c), (d) or (da).