IFC 52 2014 – 1 December
The ACMA proposes to remake the Telecommunications (Section of the Telecommunications Industry) Determination 2001 in its current form and to retitle it: Telecommunications (Section of Telecommunications Industry – Portability Service Suppliers) Determination 2015.
No substantive changes have been made to the instrument. The minor changes made to the instrument include:
- giving the instrument a title which describes its subject matter more clearly
- amending the definition of ‘number portability’ to refer to the meaning of that term as given in the Telecommunications Numbering Plan 1997 or in any subsequent instrument made under subsection 455(1) of the Act
- inserting a clause that revokes the Telecommunications (Section of Telecommunications Industry) Determination 2001.
A consultation paper provides background on this proposal. A copy of the draft Telecommunications (Section of Telecommunications Industry – Portability Service Suppliers) Determination 2015 is also available.
Making a submission
The ACMA invites comment on the draft Telecommunications (Section of Telecommunications Industry – Portability Service Suppliers) Determination 2015.
By email: Telephone.Service.Regulation@acma.gov.au
The Australian Communications and Media Authority
PO Box 13112 Law Courts
Melbourne Vic 8010
The closing date for submissions is COB, Friday 16 January 2015.
Please direct any queries about the consultation paper to Telephone.Service.Regulation@acma.gov.au
Media enquiries should be directed to Emma Rossi on (02) 9334 7719 or by email to email@example.com.
The ACMA is working to enhance the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed Effective consultation—a guide to making a submission. This guide provides information about the ACMA’s formal written public consultation processes and practical guidance on how to make a submission.
Publication of submissions
In general, the ACMA publishes all submissions it receives. The ACMA prefers to receive submissions that are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.
The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.
Release of submissions where authorised or required by law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Commonwealth Government agencies under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.
The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.
The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:
- contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
- enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).
The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.
Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.
If a submitter wishes to make a submission anonymously or use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.