The Telecommunications (Service Provider – Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000 of the Australian Communications and Media Authority (ACMA) sets out the requirements for the mobile telecommunications industry (the industry) in relation to the purchase of prepaid public mobile telecommunications services in Australia.

Under the Determination the carriage service provider (CSP) is required to collect, store and upon lawful request, retrieve identity and address information about the purchaser and/or user of the prepaid public mobile telecommunication services at point of sale. This applies to prepaid SIM packs and combined SIM and handset or data device packs. Retailers, as agents for CSPs, are subject to the Determination.

Heightened concerns about security have increased focus by law enforcement agencies on compliance by the industry to the Determination.

AMTA Chief Executive Officer, Chris Althaus, said the industry had worked closely with Federal authorities in developing a generic prepaid identity check form for use at the point of sale, which was required by law. The new forms would be universally applicable for all participants in the AMTA process and streamline the capture of important information.

Some retailer stores selling prepaid mobile services have developed in-store, on-line system to record identity information of purchasers in place of the forms. The industry is working with these retailers to develop a process by which identity information is stored and retrieved from these systems.

Mr Althaus said: “AMTA’s members recognise the industry’s obligations to work with law enforcement agencies to assist them in pursuing objectives to safeguard our community from security threats and help protect our citizens. However, the industry has stressed the need for practical rules and regulations that do not impose unworkable burdens on business and consumers and result in a high regulatory impact or engagement costs that have to be passed on to consumers.

“AMTA has been working closely with government security agencies on a diverse number of national security-related issues, such as data retention, jamming, bomb disposal and anti-money laundering.

“We, on behalf of industry, aim to ensure the impact of legislation on the industry is commensurate with the risk it seeks to address and measures adopted are balanced, practical and cost-effective.”

Depending on the amount of prepaid services consumers have and how they are paying for the purchase, there are levels of identity documents required to be shown. If, with this purchase the consumer will have five or more prepaid mobile services in their name, they will be required to supply a higher level of identity. If the purchaser pays for the purchase by means other than credit card higher levels of identity will need to be shown.

A full list of acceptable identity documents is available on the ACMA web site, www.acma.gov.au/pre-paid, or phone (03) 9963 6800.