Telecommunications (Section of the

Telecommunications Industry – Portability Service Suppliers) Determination 2025

Dated: 21 March 2025

Adam Suckling

[signed]

Member

Michael Brealey

[signed

General Manager

Part 1—Preliminary

1  Name

  This is the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2025.

2  Commencement

This determination commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

  This determination is made under subsection 110(3) of the Telecommunications Act 1997.

4  Repeal of the Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015  

  The Telecommunications (Section of the Telecommunications Industry – Portability Service Suppliers) Determination 2015 (Registration No. F2015L00292) is repealed.

5  Definitions

  In this instrument:

Act means the Telecommunications Act 1997.

number portability means the right of a customer receiving a service in relation to a portable number to change the carriage service provider involved in providing the service, the carrier network involved in providing the service, or both, and retain the same telephone number.

Note: Rules for number portability are set out in the Telecommunications Numbering Plan 2025, which is available on the Federal Register of Legislation.

portability services are supporting services provided by or to carriers or carriage service providers in relation to the provision and operation of number portability. These services include:

1.                   port administration services;
2.                ported number register database maintenance or provision; and
3.              the provision of network information services, or intelligent network database services, for call routing.

Note: The following expressions used in this determination have the same meanings which they have in the Act (see in particular, sections 7, 87 and 109):

• carriage service provider;

• carrier;

• telecommunications activity.

6  References to other instruments

In this instrument, unless the contrary intention appears:

1.       a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
2.       a reference to any other kind of instrument is a reference to that other instrument as in force or existing from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 589 of the Act.

7  Application

1.       The ACMA may determine that persons carrying on, or proposing to carry on, one or more specified kinds of telecommunications activity, constitute a section of the telecommunications industry for the purposes of Part 6 of the Act.

(2) This determination applies to persons who are:

1.       carrying on a telecommunications activity as defined in section 109 of the Act; and
2.       providing portability services.

8  Section of the telecommunications industry

Persons to whom this determination applies constitute the section of the

telecommunications industry identified as “Portability Service Suppliers.”