Commonwealth Numbered Regulations

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TELECOMMUNICATIONS REGULATIONS 2021 (F2021L00289) - REG 5

Definitions

                   In this instrument:

"Act " means the Telecommunications Act 1997 .

"Australian Parliament " means the Parliament of the Commonwealth, a Parliament of a State or a Legislative Assembly of a Territory.

"authorised law enforcement officer " means an authorised officer (within the meaning of the Telecommunications (Interception and Access) Act 1979 ) of a criminal law-enforcement agency (within the meaning of that Act).

"authorised research " , under a research authorisation, means a kind or kinds of permitted research to which the authorisation applies (see paragraph 22(2)(b)).

"authorised research entity " : see paragraph 22(2)(a).

"authorised unlisted mobile number information " , in relation to an authorised research entity, means unlisted mobile number information to which the research authorisation covering the entity applies.

"breach " :

                     (a)  in relation to an Australian Privacy Principle, has the meaning given by section 6A of the Privacy Act 1988 ; and

                     (b)  in relation to a registered APP code, has the meaning given by section 6B of that Act.

"Commonwealth entity " has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"contacted person " : see subsection 30(2).

"covered by the Privacy Act " : the following are covered by the Privacy Act :

                     (a)  an organisation within the meaning of the Privacy Act 1988 ;

                     (b)  a small business operator (within the meaning of that Act) that has chosen to be treated as an organisation under section 6EA of that Act.

"de-identified " : research information in relation to a contacted person is de-identified if the information:

                     (a)  does not identify, or no longer identifies, the contacted person; and

                     (b)  is not reasonably capable, or is no longer reasonably capable, of being used to identify the contacted person.

"electoral matter " means a matter which is intended or likely to affect voting in:

                     (a)  an election to an Australian Parliament or to a local government authority; or

                     (b)  a referendum under a law of the Commonwealth or a law of a State or Territory.

"former authorised research entity " : see paragraph 40(2)(a).

"identifying number of a government document " :

                     (a)  means the unique identifying number of a document that is issued by the Commonwealth or a State or Territory (such as a driver licence, Medicare card or passport); but

                     (b)  does not include:

                              (i)  a receipt number or transaction number (such as a transaction number issued by the national Document Verification Service); or

                             (ii)  an Australian Business Number, Australian Company Number or Australian Registered Body Number.

"integrated public number database " means the database maintained by Telstra as mentioned in Part 4 of Schedule 2 to the Act.

"IPND Scheme authorisation " means an authorisation granted under the integrated public number database scheme.

"legacy service " : see subsection 13(3).

"local government authority " means a body established for the purposes of local government by or under a law of a State or a Territory.

"mobile carriage service provider " means:

                     (a)  a carriage service provider who supplies a customer with a public mobile telecommunications service; or

                     (b)  a carriage service intermediary who arranges for the supply by a carriage service provider to a customer of a public mobile telecommunications service.

"National Relay Service " has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"next-generation broadband service " : see subsection 13(2).

"permitted research " : see section 6.

"personal information " has the same meaning as in the Privacy Act 1988 .

"political representative " means:

                     (a)  a member of an Australian Parliament; or

                     (b)  a councillor (however described) of a local government authority.

"post-paid carriage service " : see subsection 8(3).

"premium content service " : a content service is a premium content service if a charge for the supply of the service is:

                     (a)  expected to be included in a bill sent to a customer of a mobile carriage service provider by or on behalf of that provider; or

                     (b)  payable by a customer of a mobile carriage service provider to that provider or any person acting on behalf of that provider:

                              (i)  in advance; or

                             (ii)  in any other manner.

"premium service " : see subsection 9(2).

"prepaid mobile carriage service " : see subsection 8(2).

"proprietary network " means a telecommunications network used by a mobile carriage service provider that enables end-users to access a premium content service by way of a mobile device where the service is not otherwise generally available.

"public number " has the same meaning as in section 472 of the Act.

"registered APP code " has the same meaning as in the Privacy Act 1988 .

"registered political party " has the same meaning as in the Commonwealth Electoral Act 1918 .

"research authorisation " means an authorisation granted under subsection 21(1).

"research employee " , in relation to an authorised research entity, means an individual employed or engaged by the entity to conduct authorised research under a research authorisation.

"research entity " : see subsection 18(2).

"research information " , in relation to a contacted person, means any information obtained from the person when the person is contacted by an authorised research entity for the purposes of authorised research under a research authorisation.

"service provider determination " has the same meaning as in section 99 of the Act.

"unconditioned local loop service " : see subsection 12(2).

"unlisted mobile number information " : information is unlisted mobile number information if:

                     (a)  the information is contained in the integrated public number database; and

                     (b)  the information relates to a person's mobile number that:

                              (i)  is unlisted; and

                             (ii)  the database indicates is not used for government, business or charitable purposes; and

                     (c)  the information consists only of either or both of the following:

                              (i)  the number;

                             (ii)  the postcode of the person's address.



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