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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Consumer Protection and Service Standards) Amendment Bill (No. 2)
2000
No. ,
2000
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the
Telecommunications (Consumer Protection and Service Standards) Act 1999,
and for related purposes
ISBN: 0642 439486
Contents
A Bill for an Act to amend the Telecommunications
(Consumer Protection and Service Standards) Act 1999, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Consumer Protection
and Service Standards) Amendment Act (No. 2) 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 commences, or is taken to have commenced, on
1 July 2000.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Part 2
Repeal the Part, substitute:
This is a simplified outline of this Part:
This Part establishes a universal service regime.
In general terms, the universal service regime involves:
(a) the universal service obligation and universal service subsidy;
and
(b) the digital data service obligation and digital data cost;
and
(c) arrangements for collecting and distributing universal service
levy.
The main object of the universal service regime is to ensure that all
people in Australia, wherever they reside or carry on business, should have
reasonable access, on an equitable basis, to:
(a) standard telephone services; and
(b) payphones; and
(c) prescribed carriage services; and
(d) digital data services.
The key elements of the universal service regime are as follows:
(a) the specification of the universal service obligation and digital data
service obligation;
(b) the determination of universal service areas and digital data service
areas;
(c) the specification of arrangements for the fulfilment of the universal
service obligation;
(d) the determination of primary universal service providers and digital
data service providers;
(e) the determination of contestable service obligations for particular
universal service areas;
(f) requirements for the approval of, and compliance with, policy
statements and marketing plans of universal service providers;
(g) requirements for the approval of, and compliance with, digital data
service plans of digital data service providers;
(h) the determination of the universal service subsidy payable for
supplying services in fulfilment of the universal service obligation;
(i) the determination of the digital data cost for supplying services in
fulfilment of the digital data service obligation;
(j) the regulation of universal service charges and digital data service
charges;
(k) the assessment, collection, recovery and distribution of the levy
imposed by the Telecommunications (Universal Service Levy) Act
1997;
(l) the disclosure of information on which certain decisions under this
Part are based;
(m) the maintenance by the ACA of Registers, and the delegation of the
Minister’s powers under this Part to the ACA.
The objects of this Part are to give effect to the following policy
principles:
(a) all people in Australia, wherever they reside or carry on business,
should have reasonable access, on an equitable basis, to:
(i) standard telephone services; and
(ii) payphones; and
(iii) prescribed carriage services; and
(iv) digital data services;
(b) the universal service obligation described in section 9 and the
digital data service obligation described in section 10 should be
fulfilled:
(i) effectively, efficiently and economically; and
(ii) in ways that are consistent with Australia’s open and
competitive telecommunications regime; and
(iii) in ways that are, as far as practicable, responsive to the needs of
consumers;
(c) the fulfilment of the universal service obligation described in
section 9, and the digital data service obligation described in
section 10, should generally be open to competition among carriers and
carriage service providers;
(d) specific and predictable funding arrangements to advance the
fulfilment of the universal service obligation, particularly in high cost areas,
should be available;
(e) providers of telecommunications services should contribute, in a way
that is equitable and reasonable, to the funding of the universal service
obligation and digital data service obligation;
(f) information on the basis on which decisions are made for the purposes
of the universal service regime should generally be open to public
scrutiny;
(g) the universal service regime should be flexible and able to deal with
rapid changes in both the telecommunications industry and the needs of
consumers.
(1) A reference in this Part to Australia includes a
reference to:
(a) the Territory of Christmas Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) an external Territory specified in the regulations.
(2) The definition of Australia in section 7 of the
Telecommunications Act 1997 does not apply to this Part.
For the purposes of this Part, a service area is:
(a) a geographical area within Australia; or
(b) any area of land; or
(c) any premises or part of premises;
regardless of size.
(1) For the purposes of this Part, a claim period
is:
(a) the 2000-2001 financial year and each later financial year;
or
(b) if the Minister determines in writing another period—the other
period.
(2) The Minister may determine different periods under
paragraph (1)(b) in respect of:
(a) one or more universal service subsidies; or
(b) the digital data cost of one or more digital data service
providers.
(3) A period determined by the Minister under paragraph (1)(b) must
not be a part of more than one financial year.
(4) If the Minister determines a period under paragraph (1)(b), the
determination may modify the way this Part applies to carriers and carriage
service providers. The modifications may include additions, omissions and
substitutions.
(5) A copy of a determination under paragraph (1)(b) must be
published in the Gazette.
For the purposes of this Part, alternative telecommunications
services, or ATS, are services the supply of which by a
particular universal service provider the ACA authorises for the purposes of
this section.
(1) A reference in this Part to an approved auditor is a
reference to a person included in a class of persons specified in a written
determination made by the ACA for the purposes of this section.
(2) A copy of the determination must be published in the
Gazette.
In this Part:
disability has the same meaning as in the Disability
Discrimination Act 1992.
(1) For the purposes of this Act, the universal service
obligation is the obligation:
(a) to ensure that standard telephone services are reasonably accessible
to all people in Australia on an equitable basis, wherever they reside or carry
on business; and
(b) to ensure that payphones are reasonably accessible to all people in
Australia on an equitable basis, wherever they reside or carry on business;
and
(c) to ensure that prescribed carriage services are reasonably accessible
to all people in Australia on an equitable basis, wherever they reside or carry
on business.
(2) To the extent necessary to achieve the obligation mentioned in
subsection (1), the universal service obligation includes:
(a) the supply of standard telephone services to people in Australia on
request; and
(b) the supply, installation and maintenance of payphones in Australia;
and
(c) the supply of prescribed carriage services to people in Australia on
request.
(3) The Minister may make a written determination that the universal
service obligation includes the supply, installation and maintenance of
payphones at specified locations in Australia. The determination has effect
accordingly and a copy of the determination must be published in the
Gazette.
(4) An obligation does not arise under paragraph (2)(a) in relation
to particular equipment, goods or services the supply of which is treated under
section 9E as the supply of a standard telephone service if the customer
concerned requests not to be supplied with the equipment, goods or
services.
(5) An obligation does not arise under paragraph (2)(c) in relation
to particular equipment, goods or services the supply of which is treated under
section 9F as the supply of a prescribed carriage service if the customer
concerned requests not to be supplied with the equipment, goods or
services.
(6) To avoid doubt, an obligation arising under paragraph (2)(a) in
relation to customer equipment requires the customer concerned to be given the
option of hiring the equipment.
(1) The Minister may determine in writing for the purpose of paragraph
9(1)(a) what is, or is not, necessary to ensure that standard telephone services
are reasonably accessible as mentioned in that paragraph.
(2) The Minister may determine in writing, for the purpose of paragraph
9(1)(b), what is, or is not, necessary to ensure that payphones are reasonably
accessible as mentioned in that paragraph, including:
(a) criteria for determining the locations of payphones; and
(b) the process for public consultation on the location of payphones;
and
(c) the process for resolution of any complaints about the location of
payphones.
(3) The Minister may determine in writing, for the purpose of paragraph
9(1)(c), what is, or is not, necessary to ensure that prescribed carriage
services are reasonably accessible as mentioned in that paragraph.
(4) Subsection 9(3) and subsection (2) of this section do not limit
the generality of one another.
(5) A copy of a determination made under this section must be published in
the Gazette.
(1) Unless the Minister makes a determination under subsection (2),
each of the following is a service obligation:
(a) the obligation referred to in paragraph 9(1)(a) (dealing with the
standard telephone services);
(b) the obligation referred to in paragraph 9(1)(b) (dealing with
payphones);
(c) the obligation referred to in paragraph 9(1)(c) (dealing with
prescribed carriage services).
(2) The Minister may determine in writing the service
obligations by dividing the universal service obligation in another
way.
(3) The determination must also specify, in respect of each service
obligation, what must be supplied or done in order to fulfil the service
obligation.
(4) A copy of the determination must be published in the
Gazette.
For the purposes of this Part, a payphone is a fixed
telephone that:
(a) is a means by which a standard telephone service is supplied;
and
(b) when in normal working order, cannot be used to make a telephone call
(other than a free call or a call made with operator assistance) unless, as
payment for the call, or to enable payment for the call to be
collected:
(i) money, or a token, card or other object, has been put into a device
that forms part of, is attached to, or is located near, the telephone;
or
(ii) an identification number, or a code or other information (in
numerical or any other form) has been input into a device that forms part of, is
attached to, or is located near, the telephone; or
(iii) a prescribed act has been done.
For the purposes of this Part, a prescribed carriage
service is a carriage service specified in the regulations.
(1) A reference in this Part to the supply of a standard
telephone service includes a reference to the supply of:
(a) if the regulations prescribe customer equipment for the purposes of
this paragraph—whichever of the following is applicable:
(i) that customer equipment;
(ii) if other customer equipment is supplied, instead of the
first-mentioned customer equipment, in order to comply with the Disability
Discrimination Act 1992—that other customer equipment; and
(b) if paragraph (a) does not apply—whichever of the following
is applicable:
(i) a telephone handset that does not have switching functions;
(ii) if other customer equipment is supplied, instead of such a handset,
in order to comply with the Disability Discrimination Act 1992—that
other customer equipment; and
(c) other goods of a kind specified in the regulations; and
(d) services of a kind specified in the regulations;
where the equipment, goods or services, as the case may be, are for use in
connection with the standard telephone service.
(2) A reference in this Part to the supply of a standard
telephone service includes a reference to the supply, to a person with a
disability, of:
(a) customer equipment of a kind specified in the regulations;
and
(b) other goods of a kind specified in the regulations; and
(c) services of a kind specified in the regulations;
where the equipment, goods or services, as the case may be, are for use in
connection with the standard telephone service.
A reference in this Part to the supply of a prescribed
carriage service includes a reference to the supply of:
(a) customer equipment of a kind specified in the regulations;
and
(b) other goods of a kind specified in the regulations; and
(c) services of a kind specified in the regulations;
where the equipment, goods or services, as the case may be, are for use in
connection with the prescribed carriage service.
(1) The Minister may make a written determination that a service area,
determined in any way the Minister considers appropriate, is a universal service
area in respect of one or more specified service obligations.
Note: In some circumstances, the Minister will be taken to
have made a determination under this section: see subsections (3) and (4),
and section 12E.
(2) In determining universal service areas, the Minister must ensure that
no universal service area in respect of a service obligation overlaps to any
extent with any other universal service area in respect of that service
obligation.
(3) If, at a particular time, any areas of Australia are not within a
universal service area, covered by a determination under subsection (1), in
respect of a service obligation:
(a) those areas together constitute at that time a single universal
service area in respect of that service obligation; and
(b) the Minister is taken to have made a determination under
subsection (1) to that effect.
(4) If, at a particular time, one or more of the universal service areas,
in respect of which the Minister is taken to have made a determination because
of subsection (3), cover the same areas of Australia, then despite that
subsection:
(a) those areas together constitute at that time a single universal
service area in respect of all of the service obligations referred to in that
subsection; and
(b) the Minister is taken to have made a determination under
subsection (1) to that effect.
(5) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Note: A determination that the Minister is taken to have
made under this section because of section 12E is not a disallowable
instrument (see subsection 12E(6)).
(1) A determination under section 9G takes effect on the day
specified in the determination. That day must not be before the day on which
notice of the determination is published in the Gazette.
(2) If the determination is expressed to cease to have effect at a
specified time, the determination ceases to have effect at that time.
(3) A variation or revocation of a determination under section 9G
takes effect on the day specified for the purpose in the instrument of variation
or revocation. That day must not be before notice of the instrument is published
in the Gazette.
(1) If the Minister revokes a determination under section 9G, the
Minister may determine in writing arrangements to deal with any issues of a
transitional nature that may arise as a result of the revocation.
(2) A copy of a determination under subsection (1) must be published
in the Gazette.
For the purposes of this Act, the digital data service
obligation is the obligation:
(a) to ensure that one or other of the following:
(i) general digital data services;
(ii) special digital data services;
are reasonably accessible to all people in Australia on an equitable
basis, wherever they reside or carry on business; and
(b) to ensure that general digital data services are reasonably accessible
to at least 96% of the Australian population on an equitable basis;
and
(c) to ensure that special digital data services are reasonably accessible
to the remainder of the Australian population on an equitable basis.
(1) For the purposes of this Act, the general digital data service
obligation is the obligation to ensure that general digital data
services are reasonably accessible to all people in general digital data service
areas on an equitable basis.
(2) To the extent necessary to achieve the general digital data service
obligation, it is part of that obligation to supply general digital data
services to people in general digital data service areas on request.
(1) For the purposes of this Act, the special digital data service
obligation is the obligation to ensure that special digital data
services are reasonably accessible to all people in special digital data service
areas on an equitable basis.
(2) To the extent necessary to achieve the special digital data service
obligation, it is part of that obligation to supply special digital data
services to people in special digital data service areas on request.
(1) An obligation does not arise under subsection 10A(2) in relation to
particular equipment, goods or services the supply of which is treated under
subsection 10F(1) as the supply of a general digital data service if the
customer concerned requests not to be supplied with the equipment, goods or
services.
(2) An obligation does not arise under subsection 10B(2) in relation to
particular equipment, goods or services the supply of which is treated under
subsection 10G(1) as the supply of a special digital data service if the
customer concerned requests not to be supplied with the equipment, goods or
services.
(1) The regulations may provide that:
(a) an obligation that arises under subsection 10A(2) in relation to
particular customer equipment the supply of which is treated under subsection
10F(1) as the supply of a general digital data service; or
(b) an obligation that arises under subsection 10B(2) in relation to
particular customer equipment the supply of which is treated under subsection
10G(1) as the supply of a special digital data service;
is taken to have been fulfilled by a person (so far as the obligation
relates to a particular customer) if:
(c) the customer acquires or hires the equipment from a third person;
and
(d) the customer is entitled to a rebate from the first-mentioned person
in respect of that acquisition or hire; and
(e) the amount of the rebate is equal to the amount ascertained in
accordance with the regulations; and
(f) the liability to pay the rebate has been discharged; and
(g) the entitlement to the rebate complies with such requirements,
restrictions and conditions (if any) as are specified in the
regulations.
(2) Regulations made for the purposes of paragraph (1)(g) may require
that the customer be given the option of assigning the customer’s right to
the rebate to the third person.
(3) Subsection (2) does not, by implication, limit
subsection (1).
(1) For the purposes of this Act, a digital data service
is:
(a) a general digital data service (see subsection (2)); or
(b) a special digital data service (see subsection (3)).
General digital data service
(2) For the purposes of this Act, a general digital data
service is a carriage service that provides a digital data capability
broadly comparable to that provided by a data channel with a data transmission
speed of 64 kilobits per second supplied to end-users as part of the designated
basic rate ISDN service.
Special digital data service
(3) For the purposes of this Act, a special digital data
service is a carriage service that provides for a capability for the
delivery of digital data to an end-user broadly comparable to the corresponding
capability provided by a data channel with a data transmission speed of 64
kilobits per second supplied to end-users as part of the designated basic rate
ISDN service.
Designated basic rate ISDN service
(4) For the purposes of this section, if:
(a) immediately before 1 July 1997, Telstra supplied a basic rate
Integrated Services Digital Network (ISDN) service; and
(b) the service complied with any of the standards for ISDN services made
by the European Telecommunications Standards Institute (ETSI);
the service is a designated basic rate ISDN
service.
Comparability of digital data capability
(5) For the purposes of subsection (2), the determination of the
comparability of the digital data capability of a carriage service is to be
based solely on a comparison of the data transmission speed available to an
end-user of the service.
(1) A reference in this Part to the supply of a general
digital data service includes a reference to the supply of:
(a) customer equipment of a kind specified in the regulations;
and
(b) other goods of a kind specified in the regulations; and
(c) services of a kind specified in the regulations;
where:
(d) the equipment, goods or services, as the case may be, are for use in
connection with the general digital data service; and
(e) the supply complies with such requirements, restrictions or conditions
(if any) as are specified in the regulations.
(2) Regulations made for the purposes of paragraph (1)(e) may require
that the supply of a specified kind of customer equipment is to be by way of
hire. If those regulations impose such a requirement, this Part has effect, in
relation to the customer equipment concerned, as if a reference to
supply were a reference to supply by way of hire.
(3) Regulations made for the purposes of paragraph (1)(e) may require
that specified customer equipment is to be supplied on the basis that the
customer concerned enters into a legally enforceable agreement containing such
terms and conditions relating to the ownership, possession, location, disposal
or use of the equipment, as are specified in, or ascertained in accordance with,
the regulations.
(4) Subsections (2) and (3) do not, by implication, limit
paragraph (1)(e).
(1) A reference in this Part to the supply of a special
digital data service includes a reference to the supply of:
(a) customer equipment of a kind specified in the regulations;
and
(b) other goods of a kind specified in the regulations; and
(c) services of a kind specified in the regulations;
where:
(d) the equipment, goods or services, as the case may be, are for use in
connection with the special digital data service; and
(e) the supply complies with such requirements, restrictions or conditions
(if any) as are specified in the regulations.
(2) Regulations made for the purposes of paragraph (1)(e) may require
that the supply of a specified kind of customer equipment is to be by way of
hire. If those regulations impose such a requirement, this Part has effect, in
relation to the customer equipment concerned, as if a reference to
supply were a reference to supply by way of hire.
(3) Regulations made for the purposes of paragraph (1)(e) may require
that specified customer equipment is to be supplied on the basis that the
customer concerned enters into a legally enforceable agreement containing such
terms and conditions relating to the ownership, possession, location, disposal
or use of the equipment, as are specified in, or ascertained in accordance with,
the regulations.
(4) Subsections (2) and (3) do not, by implication, limit
paragraph (1)(e).
(1) The Minister may make a written determination that a service
area ascertained in accordance with the determination is a general digital data
service area for the purposes of this Act. The determination has effect
accordingly.
(2) A copy of the determination must be published in the
Gazette.
(3) The Minister must exercise the powers conferred by this section in a
manner that is consistent with the fulfilment of the digital data service
obligation.
(1) The Minister may make a written determination that a service area
ascertained in accordance with the determination is a special digital data
service area for the purposes of this Act. The determination has effect
accordingly.
(2) A copy of the determination must be published in the
Gazette.
(3) The Minister must exercise the powers conferred by this section in a
manner that is consistent with the fulfilment of the digital data service
obligation.
(1) This section sets out the arrangements for the fulfilment of the
universal service obligation by universal service providers.
(2) The default arrangements set out in Division 5 apply to each
universal service area in respect of a service obligation.
(3) If the Minister determines under section 11C, for a universal
service area in respect of a service obligation, that the obligation is a
contestable service obligation, then:
(a) the default arrangements set out in Division 5 apply to the area;
and
(b) the standard contestability arrangements set out in Division 6
apply to the area in respect of the contestable service obligation.
(4) If the Minister determines under Division 7 that alternative
arrangements apply to a universal service area in respect of a service
obligation (whether or not it is a contestable service obligation),
then:
(a) those alternative arrangements apply to the area; and
(b) the default arrangements set out in Division 5 apply to the area
except to the extent that the determination modifies the way those arrangements
apply, or excludes them from applying, to the area.
(1) For the purposes of this Part, a universal service
provider means:
(a) a primary universal service provider (see section 12A);
or
(b) a competing universal service provider (see
section 13A)
(2) For the purposes of this Part, a person who is a primary universal
service provider under a determination that is in force under section 12A,
at any time during a claim period, is:
(a) a universal service provider for the claim period; and
(b) a primary universal service provider for the claim period.
(3) For the purposes of this Part, a person who is approved as a competing
universal service provider under section 13B, at any time during a claim
period, is:
(a) a universal service provider for the claim period; and
(b) a competing universal service provider for the claim period.
(1) This section applies if:
(a) a person (the former provider) ceases to be a universal
service provider for a universal service area in respect of a service obligation
(the relevant area); and
(b) within 6 months after that happens, another person (the current
provider) becomes a universal service provider for that area in respect
of that service obligation.
(2) This section also applies if:
(a) a person (the former provider) ceases to be a universal
service provider for a universal service area in respect of a service obligation
(the relevant area); and
(b) another person (the current provider) who, before that
cessation, was also a universal service provider for that area in respect of
that service obligation, continues after that cessation to be a universal
service provider for that area in respect of that service obligation.
(3) The current provider may, by written notice given to the former
provider, require the former provider to give to the current provider specified
information of the kind referred to in subsection (4). A notice of this
kind cannot be given more than 6 months after:
(a) if subsection (1) applies—the later of the following
days:
(i) the day on which the current provider became a universal service
provider for the relevant area; or
(ii) the day on which the determination under section 12A was made,
or the approval under section 13B was given, (as the case may be) in
respect of the current provider; or
(b) if subsection (2) applies—the day on which the former
provider ceases to be a universal service provider for the relevant
area.
(4) The information that may be required to be given must be information
that will assist the current provider in doing something that the current
provider is or will be required or permitted to do by or under a provision of
this Part. The notice must identify the doing of that thing as the purpose for
which the information is required.
Note 1: If, for example, information about service location
and customer contact details will assist the current provider in fulfilling its
obligation under subsection 12C(1), the former provider may be required to
provide that kind of information.
Note 2: See also subsection (6), which allows the
Minister to determine that a specified kind of information is information
referred to in this subsection.
(5) If a requirement made by a notice under subsection (3) is
reasonable, the former provider must comply with the requirement as soon as
practicable after receiving the notice. However, if the requirement is
unreasonable, the former provider does not have to comply with it.
(6) The Minister may make a written determination to the effect that,
either generally or in a particular case, information of a kind specified in the
determination is taken to be information that will assist a person in doing a
specified thing that the person is or will be required or permitted to do by or
under a provision of this Part. The determination has effect
accordingly.
(7) A determination under subsection (6) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The Minister may determine in writing, for a universal service area in
respect of a service obligation, that the obligation is a contestable
service obligation.
Note: This means that the standard contestability
arrangements apply to the area in respect of the contestable service obligation
(see subsection 11(2)).
(2) The Minister must give to the ACA a copy of each determination made
under this section.
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A determination under section 11C takes effect on the day
specified in the determination. That day must not be before the day on which
notice of the determination is published in the Gazette.
(2) If a determination under section 11C is expressed to cease to
have effect at a specified time, the determination ceases to have effect at that
time.
(3) A variation or revocation of a determination under section 11C
takes effect on the day specified for the purpose in the instrument of variation
or revocation. That day must not be before the day on which notice of the
instrument is published in the Gazette.
(1) If the Minister revokes a determination under section 11C, the
Minister may determine in writing arrangements to deal with any issues of a
transitional nature that may arise as a result of the revocation.
(2) A copy of a determination under subsection (1) must be published
in the Gazette.
The default arrangements consist of the arrangements set
out in this Division.
Note: These apply to each universal service area except to
the extent that a determination of alternative arrangements modifies the way
they apply, or excludes them from applying, to the area (see subsection
11(4)).
(1) The Minister may determine in writing that a specified carrier or
carriage service provider is the primary universal service
provider for a universal service area in respect of a service
obligation.
(2) The Minister may determine:
(a) different primary universal service providers in respect of different
service obligations for the same universal service area; and
(b) the same person as the primary universal service provider for one or
more universal service areas in respect of one or more service
obligations.
(3) In exercising his or her powers under this section, the Minister must
ensure that at all times there is one primary universal service provider, in
respect of each service obligation, for each universal service area.
(4) In deciding whether to make a determination that a person is a primary
universal service provider, the Minister:
(a) must consider the matters (if any) prescribed by the regulations;
and
(b) may consider any other matters that he or she considers relevant in
making that decision.
To avoid doubt, the Minister is not limited to considering only the
person’s ability to provide the services that must be provided to fulfil
the service obligation concerned, so far as it relates to the universal service
area concerned.
(5) The Minister must give to the person and to the ACA a copy of the
determination.
(6) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Note: A determination that the Minister is taken to have
made under this section because of section 12D or 12E is not a disallowable
instrument (see subsections 12D(2) and 12E(6)).
(1) A determination under section 12A takes effect on the day
specified in the determination. That day must not be before the day on which
notice of the determination is published in the Gazette.
(2) If such a determination is expressed to cease to have effect at a
specified time, the determination ceases to have effect at that time.
(3) A variation or revocation of a determination under section 12A
takes effect on the day specified for the purpose in the instrument of variation
or revocation. That day must not be before notice of the instrument is published
in the Gazette.
(4) If the Minister revokes a determination under section 12A, the
Minister may determine in writing arrangements to deal with any issues of a
transitional nature that may arise as a result of the revocation.
(5) A copy of a determination under subsection (4) must be published
in the Gazette.
(1) A primary universal service provider for a universal service area in
respect of a service obligation must take all reasonable steps to:
(a) fulfil that service obligation, so far as it relates to that area;
and
(b) comply with:
(i) the provider’s approved policy statement; and
(ii) the approved standard marketing plan of the provider that covers that
area in respect of that service obligation; and
(iii) the approved ATS marketing plan (if any) of the provider that covers
that area in respect of that service obligation.
Note 1: For the meaning of approved policy
statement and approved standard marketing plan, see
section 12F.
Note 2: For the meaning of approved ATS marketing
plan, see section 12P.
(2) The ACA may determine in writing requirements that a primary universal
service provider must comply with if the provider intends to cease supplying
alternative telecommunications services in accordance with an approved ATS
marketing plan. A copy of the determination must be given to the
provider.
(3) The provider must comply with those requirements (as well as any
requirements in the plan).
(1) Until a primary universal service provider is, or is taken to be,
determined for the first time for a universal service area in respect of a
service obligation, the Minister is taken to have made a determination under
section 12A that Telstra is the primary universal service provider for that
area in respect of that service obligation.
(2) Despite subsection 12A(6), the determination that the Minister is
taken to have made is not a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901. Instead, a notice
must be published in the Gazette to the effect that Telstra is the
primary universal service provider for the area in respect of that service
obligation.
(1) This section applies to agreements under section 56 or 57 of the
Telstra Corporation Act 1991 made between the Commonwealth and a person
(including a State or Territory) that are expressed to also have effect for the
purposes of:
(a) this subsection; or
(b) subsection 20(2B) of this Act as in force immediately before the
commencement of Schedule 1 to the Telecommunications (Consumer
Protection and Service Standards) Amendment Act (No. 2) 2000.
(2) The Minister is taken to have properly made:
(a) a determination under section 9G that each of the areas,
specified in the agreement as a universal service area in respect of a service
obligation, is a universal service area in respect of that service obligation
for the purposes of this Act; and
(b) a determination under section 12A that the person is a primary
universal service provider for each of the areas, in respect of the service
obligation or obligations, specified in the agreement.
Those determinations are referred to in this section as deemed
determinations.
(3) The deemed determinations take effect as follows:
(a) if the commencement date (see subsection (4)) is the same for
each of the areas—they take effect on that commencement date; or
(b) if there are different commencement dates for different
areas—they take effect for those different areas on those different
dates.
(4) The commencement date or dates for an area is or are as
follows:
(a) if the agreement specifies a single date as the commencement date for
the area—subject to paragraph (c), the commencement date for the area
is the specified date;
(b) if the agreement specifies different dates as the commencement dates
for different areas—subject to paragraph (c), the commencement dates
for those areas are the specified dates;
(c) if a determination under subsection (5) specifies a date as the
commencement date for the area or areas—the commencement date for the area
or areas is the specified date (regardless of any dates specified in the
agreement).
A commencement date cannot be a date before the agreement is made, or
before the commencement of this subsection or the subsection referred to in
paragraph (1)(a).
(5) The Minister may make a written determination specifying a date as the
commencement date for the area or areas specified in the agreement as universal
service areas. A copy of the determination must be published in the
Gazette.
(6) Despite subsections 9G(5) and 12A(6), the deemed determinations are
not disallowable instruments for the purposes of section 46A of the Acts
Interpretation Act 1901. Instead, a notice must be published in the
Gazette that:
(a) states that the person is a primary universal service provider for the
area or areas concerned, in respect of the service obligation or obligations
concerned; and
(b) includes the relevant commencement date or dates.
(7) However, a variation or revocation of a deemed determination is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(8) This section applies to an agreement whether made before, on or after
the commencement of Schedule 1 to the Telecommunications (Consumer
Protection and Service Standards) Amendment Act (No. 2) 2000.
(1) A draft policy statement for a primary universal service
provider is a general statement of the policy the provider will apply in
supplying equipment, goods or services as a primary universal service
provider.
(2) A draft policy statement that has been approved by the ACA under
section 12K, and that is in force, is an approved policy
statement for the primary universal service provider
concerned.
(3) A draft standard marketing plan for a primary universal
service provider for a universal service area in respect of a service obligation
is a plan that sets out:
(a) the equipment, goods or services that the provider will supply in
fulfilment of that service obligation, so far as it relates to that area;
and
(b) the arrangements for supplying and marketing the equipment, goods or
services;
but does not deal with alternative telecommunications services.
(4) A draft standard marketing plan that has been approved by the ACA
under section 12K, and that is in force, is an approved standard
marketing plan for the primary universal service provider
concerned.
(5) A draft or approved standard marketing plan may cover one or more
universal service areas in respect of one or more service obligations.
(1) The Minister may determine in writing requirements for draft policy
statements and draft standard marketing plans of primary universal service
providers.
(2) These are some examples of requirements in relation to draft standard
marketing plans:
(a) timeframes for the supply of specified equipment, goods or
services;
(b) performance standards relating to the fulfilment of the universal
service obligation;
(c) processes for advising persons about the availability, offer and
supply of equipment, goods or services in the fulfilment of the universal
service obligation, and the terms and conditions on which the equipment, goods
or services are offered or supplied;
(d) the form of a draft standard marketing plan.
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Within 90 days after a person becomes a primary universal service
provider for a universal service area in respect of a service obligation, the
provider must give the ACA:
(a) a draft policy statement, or draft variation of an approved policy
statement; and
(b) a draft standard marketing plan, or draft variation of an approved
standard marketing plan;
covering that area in respect of that service obligation.
(1) Before giving the ACA a draft policy statement or draft standard
marketing plan, a primary universal service provider must:
(a) publish a preliminary version of the draft and invite members of the
public to make submissions to the provider about the preliminary version within
a specified period (which must be at least 30 days); and
(b) give consideration to any submissions received from members of the
public within that period.
(2) When giving the draft to the ACA, the provider must include advice on
the submissions considered and any changes made to the draft as a
result.
(3) However, this section does not apply to a fresh draft policy
statement, or fresh draft standard marketing plan, given to the ACA by a primary
universal service provider in accordance with a direction under paragraph
12M(2)(b) unless the ACA notifies the provider in writing that it does apply to
the document.
(1) The ACA must approve, or refuse to approve, a draft policy statement
that a primary universal service provider gives to the ACA.
(2) The ACA must not approve the draft unless it is satisfied that the
draft adequately deals with the supply of appropriate equipment, goods or
services to:
(a) people with a disability; and
(b) people with special needs.
(3) If the service obligation concerned is a contestable service
obligation, the ACA must also be satisfied that the draft sets out appropriate
arrangements that the provider will put in place if a competing universal
service provider for the universal service area concerned in respect of that
obligation ceases to supply equipment, goods or services in that area in respect
of that obligation.
Note: The arrangements may, for example, deal with the
transfer of customers from a competing universal service provider to the primary
universal service provider.
(4) In deciding whether to approve the draft, the ACA must also have
regard to:
(a) whether the draft complies with the requirements (if any) under
section 12G; and
(b) any other matters determined in writing by the Minister for the
purposes of this paragraph; and
(c) such other matters as the ACA considers relevant.
(5) A copy of a determination made for the purposes of
paragraph (4)(b) must be published in the Gazette.
(1) The ACA must approve, or refuse to approve, a draft standard marketing
plan that a primary universal service provider gives to the ACA.
(2) The ACA must not approve the draft unless it is satisfied
that:
(a) the draft specifies appropriate equipment, goods or services that the
provider will supply in fulfilment of the service obligation concerned, so far
as it relates to the universal service area concerned; and
(b) the draft adequately deals with how the provider will fulfil that
service obligation, so far as it relates to that area; and
(c) the draft sets out appropriate terms and conditions on which the
equipment, goods or services are to be supplied; and
(d) the draft sets out appropriate arrangements for the marketing of the
supply of the equipment, goods or services to persons in the universal service
area concerned.
(3) In deciding whether to approve the draft, the ACA must also have
regard to:
(a) whether the draft complies with the requirements (if any) under
section 12G; and
(b) any other matters determined in writing by the Minister for the
purposes of this paragraph; and
(c) any other matters the ACA considers relevant.
(4) A copy of a determination made for the purposes of
paragraph (3)(b) must be published in the Gazette.
(1) The ACA must give written notice of the ACA’s decision whether
to approve a draft policy statement, or draft standard marketing plan, to the
primary universal service provider concerned.
(2) If the ACA refuses to approve the draft, the ACA:
(a) must give the provider written notice of the reasons for that refusal;
and
(b) may, by giving written notice to the provider, direct the provider to
give the ACA, within a specified period and in specified terms, a fresh draft
policy statement or fresh draft standard marketing plan as the case may
be.
(3) The provider must comply with a direction under
paragraph (2)(b).
(4) A copy of the notice under subsection (1) must be published in
the Gazette if the decision is to approve the draft.
(1) This section applies to the approved universal service plan for
Telstra that was in force immediately before the commencement of Schedule 1
to the Telecommunications (Consumer Protection and Service Standards)
Amendment Act (No. 2) 2000.
(2) To the extent that the plan contains statements of the policy Telstra
will apply in supplying equipment, goods or services, the plan is, immediately
after that commencement, taken to be an approved policy statement for the
purposes of this Act.
(3) The remainder of the plan is, immediately after that commencement,
taken to be an approved standard marketing plan for the purposes of this
Act.
(1) A draft ATS marketing plan for a primary universal
service provider for a universal service area in respect of a service obligation
is a plan that sets out:
(a) the alternative telecommunications services that the provider will
supply in fulfilment of that service obligation so far as it relates to that
area; and
(b) the arrangements for supplying and marketing those services.
(2) A draft ATS marketing plan that has been approved by the ACA under
section 12T, and that is in force, is an approved ATS marketing
plan for the primary universal service provider concerned.
(3) Each draft or approved ATS marketing plan must cover only one
universal service area and only one service obligation. However, the ACA may
determine in writing that this subsection does not apply to:
(a) draft or approved ATS marketing plans generally; or
(b) a draft or approved ATS marketing plan of a particular primary
universal service provider.
(4) A copy of a determination made under subsection (3) must be
published in the Gazette.
(1) The Minister may determine in writing requirements for draft ATS
marketing plans of primary universal service providers.
(2) These are some examples of requirements:
(a) timeframes for the supply of specified equipment, goods or
services;
(b) performance standards relating to the fulfilment of the universal
service obligation;
(c) processes for advising persons about the availability, offer and
supply of equipment, goods or services in the fulfilment of the universal
service obligation, and the terms and conditions on which the equipment, goods
or services are offered or supplied;
(d) the form of a draft ATS marketing plan.
(3) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A primary universal service provider for a universal service
obligation in respect of a service obligation, who wishes to supply alternative
telecommunications services in fulfilment of that service obligation so far as
it relates to that area, may give to the ACA a draft ATS marketing plan covering
the supply of those services.
(2) To avoid doubt, the primary universal service provider is still
required to fulfil that service obligation so far as it relates to that area in
accordance with section 9.
Before deciding whether to approve a draft ATS marketing plan, the ACA
may require the provider concerned:
(a) to publish a preliminary version of the draft and invite members of
the public to make submissions to the applicant about the preliminary version
within a specified period (which must be at least 30 days); and
(b) to give consideration to any submissions received from members of the
public within that period; and
(c) to advise the ACA on those submissions and any changes made to the
draft as a result.
(1) The ACA must approve, or refuse to approve, a draft ATS marketing plan
that a primary universal service provider gives to the ACA.
(2) The ACA must not approve the draft unless it is satisfied
that:
(a) the draft specifies appropriate equipment, goods or services that the
provider will supply in supplying the alternative telecommunications services;
and
(b) the draft adequately deals with how the provider will supply
alternative telecommunications services in fulfilment of the service obligation
concerned, so far as it relates to the area concerned; and
(c) the alternative telecommunications services are of general appeal and
are appropriate for fulfilling that service obligation, so far as it relates to
that area; and
(d) the draft sets out appropriate terms and conditions on which the
equipment, goods or services are to be supplied; and
(e) the draft sets out appropriate arrangements for the marketing of the
supply of the equipment, goods or services to persons in that area;
and
(f) the draft sets out appropriate procedures that the provider will
comply with if the provider ceases to supply alternative telecommunications
services in fulfilment of that service obligation, so far as it relates to that
area.
(3) The procedures referred to in paragraph (2)(f) must include the
giving of at least 45 days’ notice to the ACA, or such other notice as the
ACA determines in writing is adequate for the purposes of that
paragraph.
(4) In deciding whether to approve the draft, the ACA must also have
regard to:
(a) whether the draft complies with the requirements (if any) under
section 12Q; and
(b) any other matters determined in writing by the Minister for the
purposes of this paragraph; and
(c) any other matters the ACA considers relevant.
(5) A copy of a determination made for the purposes of
paragraph (2)(f) or (4)(b) must be published in the
Gazette.
(1) The ACA must give the provider written notice of the ACA’s
decision on whether to approve the draft ATS marketing plan.
(2) If the ACA refuses to approve the draft, the ACA must give the
provider written notice of the reasons for that refusal.
(3) A copy of a notice under subsection (1) must be published in the
Gazette, if the decision is to approve the draft.
(1) An approved policy statement for a primary universal service provider
ceases to be in force if a later draft policy statement, that is expressed to
replace it, becomes an approved policy statement.
(2) An approved standard marketing plan for a primary universal service
provider ceases to be in force if a later draft standard marketing plan, that is
expressed to replace it, becomes an approved standard marketing plan.
(3) An approved ATS marketing plan for a primary universal service
provider ceases to be in force if a later draft ATS marketing plan, that is
expressed to replace it, becomes an approved ATS marketing plan.
(1) This section applies if:
(a) an approved policy statement for a primary universal service provider
(the current statement) is in force; or
(b) an approved standard marketing plan for a primary universal service
provider (the current plan) is in force; or
(c) an approved ATS marketing plan for a primary universal service
provider (the current plan) is in force;
and the provider gives the ACA a draft variation of the current statement
or current plan.
(2) The ACA must:
(a) approve the variation; or
(b) refuse to approve the variation.
(3) Before deciding whether to approve the variation, the ACA may, if the
ACA considers it appropriate, require the provider:
(a) to publish a preliminary version of the draft variation and invite
members of the public to make submissions to the provider about the preliminary
version within a specified period; and
(b) to give consideration to any submissions from members of the public
received within that period; and
(c) to advise the ACA on those submissions and any changes made to the
draft variation as a result.
(4) The ACA must not approve the variation unless it is satisfied
that:
(a) in the case of a draft variation of an approved policy
statement—if the provider were to give the ACA a draft policy statement in
the same terms as the current statement as varied, the ACA would approve that
draft; or
(b) in the case of a draft variation of an approved standard marketing
plan—if the provider were to give the ACA a draft standard marketing plan
in the same terms as the current plan as varied, the ACA would approve that
draft; or
(c) in the case of a draft variation of an approved ATS marketing
plan—if the provider were to give the ACA a draft ATS marketing plan in
the same terms as the current plan as varied, the ACA would approve that
draft.
(1) After deciding whether to approve a variation under section 12W,
the ACA must give a written notice setting out the decision to the provider
concerned.
(2) If the ACA refuses to approve the variation, the ACA must give a
written notice setting out the reasons for the refusal to the
provider.
(3) If the ACA approves the variation:
(a) the current statement or plan is varied accordingly; and
(b) a copy of the notice given to the provider must be published in the
Gazette, unless the variation is only of a minor technical
nature.
(1) If an approved policy statement for a primary universal service
provider is in force, the Minister may give the provider a written notice
requiring the provider:
(a) within a specified period and in specified terms, to give the ACA a
draft variation of the statement; or
(b) within a specified period and in specified terms, to give the ACA a
fresh draft policy statement that is expressed to replace the
statement.
(2) If an approved standard marketing plan for a primary universal service
provider is in force, the Minister may give the provider a written notice
requiring the provider:
(a) within a specified period and in specified terms, to give the ACA a
draft variation of the plan; or
(b) within a specified period and in specified terms, to give the ACA a
fresh draft standard marketing plan that is expressed to replace the
plan.
(3) A primary universal provider to whom a notice under this section is
given must comply with the notice.
(1) The Minister may, by giving written notice to a primary universal
service provider, revoke the provider’s approved ATS marketing plan if the
Minister considers that it is in the public interest to do so. A copy of the
notice must be given to the ACA.
(2) An approved ATS marketing plan that is revoked by the Minister ceases
to be in force when the revocation takes effect.
(3) The revocation takes effect on the day specified in the notice which
must be on or after the day on which the notice is given to the
provider.
(4) The Minister may determine in writing arrangements to deal with issues
of a transitional nature that may arise as a result of the revocation. A copy of
the determination must be:
(a) given to the provider; and
(b) published in the Gazette.
(5) The provider must comply with the arrangements (if any) in a
determination under subsection (4).
The standard contestability arrangements consist of the
arrangements set out in this Division.
Note: These apply to universal service areas in respect of a
contestable service obligation or obligations (see subsection
11(3)).
(1) A carrier or carriage service provider may apply to the ACA for
approval as a competing universal service provider for a universal
service area in respect of a contestable service obligation.
(2) The application must be in the form approved in writing by the ACA and
must be accompanied by:
(a) a draft policy statement, or draft variation of an approved policy
statement; and
(b) at least one of the following:
(i) a draft standard marketing plan;
(ii) a draft ATS marketing plan; and
(c) such information or documents as are required by the approved
form.
Note 1: For the meaning of draft policy
statement and approved policy statement, see
section 13F.
Note 2: For the meaning of draft ATS marketing
plan, see section 13M.
(1) The ACA must, within a reasonable time:
(a) approve (in writing) the applicant as a competing universal service
provider for the universal service area in respect of the contestable service
obligation in accordance with the application; or
(b) refuse the application and give the applicant written notice of the
reasons for that refusal.
(2) The ACA must not approve the applicant as a competing universal
service provider unless:
(a) subject to subsection (3), the ACA is satisfied that the
applicant is an appropriate person to be approved as a competing universal
service provider, having regard to:
(i) the applicant’s relevant technical competence and experience;
and
(ii) the applicant’s commercial competence and financial standing;
and
(iii) any matters determined in writing by the Minister for the purposes
of this subparagraph; and
(iv) any other matters the ACA considers relevant; and
(b) the applicant has an approved policy statement; and
(c) the applicant has either or both of the following:
(i) an approved standard marketing plan;
(ii) an approved ATS marketing plan;
covering the universal service area in respect of the contestable service
obligation.
(3) If the applicant is already a competing universal service provider for
a universal service area in respect of another contestable service obligation,
the ACA may, but is not required to, assume that paragraph (2)(a) is
satisfied.
(4) A copy of a determination made for the purposes of
subparagraph (2)(a)(iii) must be published in the Gazette.
(1) An approval under section 13B takes effect on the day specified
in the approval. That day must be on or after the day on which the approval is
given.
(2) If an approval is expressed to cease to have effect at a specified
time, it ceases to have effect at that time.
(3) A variation or revocation of an approval takes effect on the day
specified for the purpose in the instrument of variation or revocation. That day
must be on or after the day on which the instrument is made.
(4) If the ACA revokes an approval under section 13B, it may
determine in writing arrangements to deal with any issues of a transitional
nature that may arise as a result of the revocation.
(5) A copy of a determination under subsection (1) must be published
in the Gazette.
(1) A competing universal service provider for a universal service area in
respect of a contestable service obligation must take all reasonable steps
to:
(a) fulfil that service obligation, so far as it relates to that area;
and
(b) comply with:
(i) the provider’s approved policy statement; and
(ii) the approved standard marketing plan (if any) of the provider that
covers that area in respect of that service obligation; and
(iii) the approved ATS marketing plan (if any) of the provider that covers
that area in respect of that service obligation.
Note 1: For the meaning of approved policy statement
and approved standard marketing plan, see
section 13F.
Note 2: For the meaning of approved ATS marketing
plan, see section 13M.
(2) A competing universal service provider for a universal service area in
respect of a contestable service obligation who supplies alternative
telecommunications services, in accordance with an approved ATS marketing plan,
is taken to have fulfilled:
(a) that service obligation so far as it relates to that area;
and
(b) any other obligation that arises under this Act because of that
service obligation.
(3) The ACA may determine in writing additional requirements that a
competing universal service provider must comply with if the provider intends to
cease fulfilling the contestable service obligation concerned, so far as it
relates to the universal service area concerned, in accordance with:
(a) an approved standard marketing plan; or
(b) an approved ATS marketing plan.
(4) A copy of the determination must be given to the provider. The
provider must comply with those requirements.
(1) A competing universal service provider for a universal service area in
respect of a contestable service obligation may, at any time, notify the ACA
that the provider intends to cease fulfilling that contestable service
obligation, so far as it relates to that area.
(2) In giving the notice to the ACA, the provider must comply
with:
(a) the procedures referred to in paragraph 13K(2)(e) set out in the
provider’s approved standard marketing plan; or
(b) the procedures referred to in paragraph 13Q(2)(f) set out in the
provider’s approved ATS marketing plan;
whichever are applicable.
(3) After receiving the notice, the ACA may determine in writing the date
on which the provider’s approval as a competing universal service provider
for that area in respect of that contestable service obligation ceases to have
effect.
(4) A copy of the determination must be:
(a) given to the provider; and
(b) published in the Gazette.
(1) A draft policy statement for an applicant for approval
as a competing universal service provider is a general statement of the policy
the applicant will apply in supplying equipment, goods or services as a
competing universal service provider.
(2) A draft policy statement that has been approved by the ACA under
section 13J, and that is in force, is an approved policy
statement for the applicant or competing universal service provider
concerned.
(3) A draft standard marketing plan for an applicant for
approval as a competing universal service provider for a universal service area
in respect of a contestable service obligation is a plan that sets
out:
(a) the equipment, goods or services that the applicant will supply in
fulfilment of that contestable service obligation, so far as it relates to that
area; and
(b) the arrangements for supplying and marketing the equipment, goods or
services;
but does not deal with alternative telecommunications services.
(4) A draft standard marketing plan that has been approved by the ACA
under section 13K, and that is in force, is an approved standard
marketing plan for the applicant or competing universal service provider
concerned.
(5) Each draft or approved standard marketing plan may cover one or more
universal service areas in respect of one or more contestable service
obligations.
(1) The Minister may determine in writing requirements for draft policy
statements and draft standard marketing plans of competing universal service
providers.
(2) These are some examples of requirements for draft standard marketing
plans:
(a) timeframes for the supply of specified equipment, goods or
services;
(b) performance standards relating to the fulfilment of the universal
service obligation;
(c) processes for advising persons about the availability, offer and
supply of equipment, goods or services in the fulfilment of the universal
service obligation, and the terms and conditions on which the equipment, goods
or services are offered or supplied;
(d) the form of a draft standard marketing plan.
(3) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
Draft policy statement
(1) Before giving the ACA a draft policy statement, the applicant
concerned must:
(a) publish a preliminary version of the draft and invite members of the
public to make submissions to the applicant about the preliminary version within
a specified period (which must be at least 30 days); and
(b) give consideration to any submissions received from members of the
public within that period.
(2) When giving the draft to the ACA, the applicant must include advice on
the submissions considered and any changes made to the draft as a
result.
Draft standard marketing plan
(3) Before deciding whether to approve a draft standard marketing plan,
the ACA may require the applicant concerned:
(a) to publish a preliminary version of the draft and invite members of
the public to make submissions to the applicant about the preliminary version
within a specified period (which must be at least 30 days); and
(b) to give consideration to any submissions received from members of the
public within that period; and
(c) to advise the ACA on those submissions and any changes made to the
draft as a result.
(1) The ACA must approve, or refuse to approve, a draft policy statement
that an applicant for approval as a competing universal service provider gives
to the ACA.
(2) The ACA must not approve the draft unless it is satisfied that the
draft adequately deals with the supply of appropriate equipment, goods or
services to:
(a) people with a disability; and
(b) people with special needs.
(3) The ACA must also be satisfied that the draft sets out appropriate
arrangements that the applicant will put in place if another competing universal
service provider for the universal service area concerned, in respect of the
contestable service obligation concerned, ceases to supply equipment, goods or
services in that area in respect of that contestable service
obligation.
Note: The arrangements may, for example, deal with the
transfer of customers from one competing universal service provider to
another.
(4) In deciding whether to approve the draft, the ACA must also have
regard to:
(a) whether the draft complies with the requirements (if any) under
section 13G; and
(b) any other matters determined in writing by the Minister for the
purposes of this paragraph; and
(c) such other matters as the ACA considers relevant.
(5) A copy of a determination made for the purposes of
paragraph (4)(b) must be published in the Gazette.
(1) The ACA must approve, or refuse to approve, a draft standard marketing
plan that an applicant for approval as a competing universal service provider
gives to the ACA.
(2) The ACA must not approve the draft unless it is satisfied
that:
(a) the draft specifies appropriate equipment, goods or services that the
applicant will supply in fulfilment of the contestable service obligation
concerned, so far as it relates to the universal service area concerned;
and
(b) the draft adequately deals with how the applicant will fulfil that
contestable service obligation, so far as it relates to that area; and
(c) the draft sets out appropriate terms and conditions on which the
equipment, goods or services are to be supplied; and
(d) the draft sets out appropriate arrangements for the marketing of the
supply of the equipment, goods or services to persons in that area;
and
(e) the draft sets out appropriate procedures that the applicant will
comply with if the applicant ceases:
(i) to supply any of the equipment, goods or services; or
(ii) to fulfil that contestable service obligation, so far as it relates
to that area;
including the giving of at least 45 days’ notice to the ACA, or
such other notice as the ACA determines in writing is adequate.
(3) In deciding whether to approve the draft, the ACA must also have
regard to:
(a) whether the draft complies with the requirements (if any) under
section 13G; and
(b) any other matters determined in writing by the Minister for the
purposes of this paragraph; and
(c) any other matters the ACA considers relevant.
(4) A copy of a determination made for the purposes of
paragraph (3)(b) must be published in the Gazette.
(1) The ACA must give written notice of the ACA’s decision whether
to approve a draft policy statement, or draft standard marketing plan, given to
the ACA by an applicant for approval as a competing universal service
provider.
(2) If the ACA refuses to approve the draft, the ACA must give the
applicant written notice of the reasons for that refusal.
(3) A copy of a notice under subsection (1), if the decision is to
approve the draft, must be published in the Gazette.
(1) A draft ATS marketing plan for an applicant for approval
as a competing universal service provider for a universal service area in
respect of a contestable service obligation is a plan that sets out:
(a) the alternative telecommunications services that the applicant will
supply in fulfilment of that contestable service obligation, so far as it
relates to that area; and
(b) the arrangements for supplying and marketing those services.
(2) A draft ATS marketing plan that has been approved by the ACA under
section 13Q, and that is in force, is an approved ATS marketing
plan for the applicant or competing universal service provider
concerned.
(3) Each draft or approved ATS marketing plan must cover only one
universal service area and only one contestable service obligation. However, the
ACA may determine in writing that this subsection does not apply to:
(a) draft or approved ATS marketing plans generally; or
(b) a draft or approved ATS marketing plan of a particular applicant or
competing universal service provider.
(4) A copy of a determination made under subsection (3) must be
published in the Gazette.
(1) The Minister may determine in writing requirements for draft ATS
marketing plans of competing universal service providers.
(2) These are some examples of requirements:
(a) timeframes for the supply of specified equipment, goods or
services;
(b) performance standards relating to the fulfilment of the universal
service obligation;
(c) processes for advising persons about the availability, offer and
supply of equipment, goods or services in the fulfilment of the universal
service obligation, and the terms and conditions on which the equipment, goods
or services are offered or supplied;
(d) the form of a draft ATS marketing plan.
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Before deciding whether to approve a draft ATS marketing plan, the ACA
may require the applicant concerned:
(a) to publish a preliminary version of the draft and invite members of
the public to make submissions to the applicant about the preliminary version
within a specified period (which must be at least 30 days); and
(b) to give consideration to any submissions received from members of the
public within that period; and
(c) to advise the ACA on those submissions and any changes made to the
draft as a result.
(1) The ACA must approve, or refuse to approve, a draft ATS marketing plan
that an applicant for approval as a competing universal service provider gives
to the ACA.
(2) The ACA must not approve the draft unless it is satisfied
that:
(a) the draft specifies appropriate equipment, goods or services that the
applicant will supply in supplying the alternative telecommunications services;
and
(b) the draft adequately deals with how the applicant will supply
alternative telecommunications services in fulfilment of the contestable service
obligation concerned, so far as it relates to the universal service area
concerned; and
(c) the alternative telecommunications services are of general appeal and
are appropriate for fulfilling that contestable service obligation, so far as it
relates to that area; and
(d) the draft sets out appropriate terms and conditions on which the
equipment, goods or services are to be supplied; and
(e) the draft sets out appropriate arrangements for the marketing of the
supply of the equipment, goods or services to persons within that area;
and
(f) the draft sets out appropriate procedures that the applicant will
comply with if the applicant ceases:
(i) to supply any of the equipment, goods or services; or
(ii) to fulfil that contestable service obligation, so far as it relates
to that area;
including the giving of at least 45 days’ notice to the ACA, or
such other notice as the ACA determines in writing is adequate.
(3) In deciding whether to approve the draft, the ACA must also have
regard to:
(a) whether the draft complies with the requirements (if any) under
section 13N; and
(b) any other matters determined in writing by the Minister for the
purposes of this paragraph; and
(c) any other matters the ACA considers relevant.
(4) A copy of a determination made for the purposes of
paragraph (2)(f) or (3)(b) must be published in the
Gazette.
(1) The ACA must give the applicant written notice of the ACA’s
decision on whether to approve the draft ATS marketing plan.
(2) If the ACA refuses to approve the draft, the ACA must give the
applicant written notice of the reasons for that refusal.
(3) A copy of a notice under subsection (1) must be published in the
Gazette, if the decision is to approve the draft.
(1) An approved policy statement for a competing universal service
provider ceases to be in force if a later draft policy statement, that is
expressed to replace it, becomes an approved policy statement.
(2) An approved standard marketing plan for a competing universal service
provider ceases to be in force if a later draft standard marketing plan, that is
expressed to replace it, becomes an approved standard marketing plan.
(3) An approved ATS marketing plan for a competing universal service
provider ceases to be in force if a later draft ATS marketing plan, that is
expressed to replace it, becomes an approved ATS marketing plan.
(1) This section applies if:
(a) an approved policy statement for a competing universal service
provider (the current statement) is in force; or
(b) an approved standard marketing plan for a competing universal service
provider (the current plan) is in force; or
(c) an approved ATS marketing plan for a competing universal service
provider (the current plan) is in force;
and the provider gives the ACA a draft variation of the current statement
or current plan.
(2) The ACA must:
(a) approve the variation; or
(b) refuse to approve the variation.
(3) Before deciding whether to approve the variation, the ACA may, if the
ACA considers it appropriate, require the provider:
(a) to publish a preliminary version of the draft variation and invite
members of the public to make submissions to the provider about the preliminary
version within a specified period; and
(b) to give consideration to any submissions from members of the public
received within that period; and
(c) to advise the ACA on those submissions and any changes made to the
draft variation as a result.
(4) The ACA must not approve the variation unless it is satisfied
that:
(a) in the case of a draft variation of an approved policy
statement—if the provider were to give the ACA a draft policy statement in
the same terms as the current statement as varied, the ACA would approve that
draft; or
(b) in the case of a draft variation of an approved standard marketing
plan—if the provider were to give the ACA a draft standard marketing plan
in the same terms as the current plan as varied, the ACA would approve that
draft; or
(c) in the case of a draft variation of an approved ATS marketing
plan—if the provider were to give the ACA a draft ATS marketing plan in
the same terms as the current plan as varied, the ACA would approve that
draft.
(1) After deciding whether to approve a variation under section 13T,
the ACA must give a written notice setting out the decision to the provider
concerned.
(2) If the ACA refuses to approve the variation, the ACA must give a
written notice setting out the reasons for the refusal to the
provider.
(3) If the ACA approves the variation:
(a) the current statement or plan is varied accordingly; and
(b) a copy of the notice given to the provider must be published in the
Gazette, unless the variation is only of a minor technical
nature.
(1) The Minister may, by giving written notice to a competing universal
service provider, revoke the provider’s approved ATS marketing plan if the
Minister considers that it is in the public interest to do so. A copy of the
notice must be given to the ACA.
(2) An approved ATS marketing plan that is revoked by the Minister ceases
to be in force when the revocation takes effect.
(3) The revocation takes effect on the day specified in the notice which
must be on or after the day on which the notice is given to the
provider.
(4) The Minister may determine in writing arrangements to deal with issues
of a transitional nature that may arise as a result of the revocation. A copy of
the determination must be:
(a) given to the provider; and
(b) published in the Gazette.
(5) The provider must comply with the arrangements (if any) in a
determination under subsection (4).
(1) The Minister may determine in writing that specified alternative
arrangements apply to a universal service area in respect of a service
obligation (whether or not it is a contestable service obligation).
(2) A determination under subsection (1) may expressly
modify:
(a) the extent to which the default arrangements set out in
Division 5 apply to the area; or
(b) the way in which any of the provisions in this Part apply to the
area.
(3) The Minister must give to the ACA a copy of each determination made
under this section.
(4) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(5) In this section:
modify includes excluding the application of a provision
entirely, as well as omitting, adding and substituting provisions.
(1) A determination under section 14 takes effect on the day
specified in the determination. That day must not be before the day on which
notice of the determination is published in the Gazette.
(2) If a determination under section 14 is expressed to cease to have
effect at a specified time, the determination ceases to have effect at that
time.
(3) A variation or revocation of a determination under section 14
takes effect on the day specified for the purpose in the instrument of variation
or revocation. That day must not be before notice of the instrument is published
in the Gazette.
(4) If the Minister revokes a determination under section 14, the
Minister may determine in writing arrangements to deal with any issues of a
transitional nature that may arise as a result of the revocation.
(5) A copy of a determination under subsection (4) must be published
in the Gazette.
(1) The Minister may make a written determination stating that a specified
carrier or carriage service provider is a general digital data service
provider for a specified general digital data service area.
(2) The Minister may make a written determination stating that a specified
carrier or carriage service provider is a special digital data service
provider for a specified special digital data service area.
(3) In deciding whether to make a determination under subsection (1)
or (2) in relation to a person and an area, the Minister is not limited to
considering only the person’s suitability to provide the service that must
be provided to fulfil the general or special digital data service obligation (as
the case requires).
(4) A determination under subsection (1) or (2) has effect
accordingly.
(5) A determination under subsection (1) or (2) takes effect on the
day specified in it. That day must not be before the day on which the notice of
the determination is published in the Gazette.
(6) A revocation of a determination under subsection (1) or (2) takes
effect on the day specified in the instrument of revocation. That day must not
be before the day on which notice of the instrument is published in the
Gazette.
(7) If:
(a) a determination is in force under subsection (1) or (2) in
relation to a particular carrier; and
(b) at a particular time, the carrier ceases to hold a carrier
licence;
the determination ceases to be in force at that time.
(8) If:
(a) a determination is in force under subsection (1) or (2) in
relation to a particular carriage service provider that is not a carrier;
and
(b) at a particular time, the carriage service provider ceases to be such
a provider;
the determination ceases to be in force at that time.
(9) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A digital data service provider in relation to a particular service
area is a digital data service provider:
(a) for that area; and
(b) for each service area that is within that area.
(2) For the purposes of this Part, a person in relation to whom a
determination is in force under subsection 15(1) or (2) at any time during a
claim period is a digital data service provider for the claim period.
(3) For the purposes of this Part, the areas for which a person is a
digital data service provider are taken to be a single area.
(4) A general digital data service provider for a general digital data
service area must take all reasonable steps to fulfil the general digital data
service obligation, so far as the obligation relates to that area.
(5) A special digital data service provider for a special digital data
service area must take all reasonable steps to fulfil the special digital data
service obligation, so far as the obligation relates to that area.
(1) This section applies if:
(a) a person (the former provider) ceases to be a digital
data service provider for a particular area (the relevant
area) and another person (the current
provider) is determined, by a determination that takes effect at the
time of that cessation or within the next 6 months, to be a digital data service
provider for some or all of that area; or
(b) a person (the former provider) ceases to be a digital
data service provider for a particular area (the relevant area)
and another person (the current provider) who, before that
cessation, was also a digital data service provider for some or all of that area
continues after that cessation to be a digital data service provider for some or
all of that area.
Note: The determination referred to in paragraph (a)
may be a determination made before, at the same time as, or after the time when
the former provider ceases to be a digital data service
provider.
(2) The current provider may, by written notice given to the former
provider, require the former provider to give to the current provider specified
information of the kind referred to in subsection (3). A notice of this
kind cannot be given more than 6 months after:
(a) if paragraph (1)(a) applies:
(i) the later of the day on which the determination referred to in
paragraph (1)(a) was made and the day on which it takes effect;
or
(ii) if both of those things happen on the same day—that day;
or
(b) if paragraph (1)(b) applies—the day on which the former
provider ceases to be a digital data service provider for the relevant
area.
Note: If paragraph (1)(a) applies, a notice under this
subsection may be given by the current provider even if the determination
referred to in that paragraph has not yet taken effect.
(3) The information that may be required to be given must be information
that will assist the current provider in doing something that the current
provider is or will be required or permitted to do by or under a provision of
this Part. The notice must identify the doing of that thing as the purpose for
which the information is required.
Note 1: If, for example, information about service location
and customer contact details will assist the current provider in fulfilling its
obligation under subsection 15A(4) or (5), the former provider may be required
to provide that kind of information.
Note 2: See also subsection (5), which allows the
Minister to determine that a specified kind of information is information
referred to in this subsection.
(4) If a requirement made by a notice under subsection (2) is
reasonable, the former provider must comply with the requirement as soon as
practicable after receiving the notice. However, if the requirement is
unreasonable, the former provider does not have to comply with it.
(5) The Minister may make a written determination to the effect that,
either generally or in a particular case, information of a kind specified in the
determination is taken to be information that will assist a person in doing a
specified thing that the person is or will be required or permitted to do by or
under a provision of this Part. The determination has effect
accordingly.
(6) A determination under subsection (5) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A digital data service provider for a particular area must give the
Minister a draft digital data service plan for that area.
(2) The provider must give the Minister the plan within 90 days after the
provider became a digital data service provider for that area.
A draft or approved digital data service plan for an area is a plan that
sets out how a digital data service provider for that area will progressively
fulfil:
(a) if that area is a general digital data service area—the general
digital data service obligation (in so far as the obligation relates to that
area); or
(b) if that area is a special digital data service area—the special
digital data service obligation (in so far as the obligation relates to that
area).
Note: An approved digital data service plan is
a draft digital data service plan that has been approved by the
Minister.
If an approved digital data service plan (the original
plan) for an area is in force, a draft digital data service plan for the
area may be expressed to replace the original plan. When the draft plan becomes
an approved digital data service plan, the original plan ceases to be in
force.
(1) If a digital data service provider gives the Minister a draft digital
data service plan, the Minister must:
(a) approve the draft plan; or
(b) refuse to approve the draft plan.
(2) If the Minister approves the draft plan, the draft plan becomes an
approved digital data service plan.
(3) If the Minister refuses to approve the draft plan, the Minister may,
by written notice given to the provider, direct the provider to give the
Minister, within the period and in the terms specified in the direction, a fresh
draft digital data service plan for the area concerned. The provider must comply
with the direction.
(1) Before giving the Minister a draft digital data service plan under
section 15F, a digital data service provider must:
(a) publish a preliminary version of the draft plan and invite members of
the public to make submissions to the provider about the preliminary version
within a specified period; and
(b) give consideration to any submissions received from members of the
public within that period.
(2) The period specified in the invitation must run for at least 30
days.
(3) This section does not apply to a draft plan given to the Minister in
accordance with a direction under subsection 15F(3).
(4) This section does not apply to a draft plan given to the Minister in
accordance with a notice under paragraph 15N(2)(b).
(1) In deciding whether to approve a draft digital data service plan for a
general digital data service area or a special digital data service area, the
Minister must have regard to whether:
(a) the plan provides for the general digital data service obligation, or
special digital data service obligation, (so far as it relates to that area) to
be fulfilled:
(i) as efficiently and economically as practicable; and
(ii) at performance standards that reasonably meet the social, industrial
and commercial needs of the Australian community; and
(iii) progressively throughout that area within such period as the
Minister considers reasonable; and
(b) the draft plan complies with any requirements in force under
section 15J.
(2) Subsection (1) does not, by implication, limit the matters to
which regard may be had.
(1) The Minister may, by writing, formulate requirements for draft digital
data service plans.
(2) The following are examples of requirements:
(a) timetables for the supply of services;
(b) performance standards relating to the fulfilment of the digital data
service obligation;
(c) the form of a draft digital data service plan.
(3) An instrument under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) After deciding whether to approve a draft digital data service plan
for an area, the Minister must give a written notice setting out the decision
to:
(a) the digital data service provider concerned; and
(b) the ACA.
(2) A copy of a notice under subsection (1) must be published in the
Gazette.
(3) If the Minister refuses to approve a draft digital data service plan
for an area, the Minister must give a written notice setting out the reasons for
the refusal to the digital data service provider concerned.
(1) This section applies if:
(a) an approved digital data service plan for an area (the current
plan) is in force; and
(b) the digital data service provider concerned gives the Minister a draft
variation of the plan.
(2) The Minister must:
(a) approve the variation; or
(b) refuse to approve the variation.
(3) Before deciding whether to approve the variation, the Minister may, if
he or she considers it appropriate, require the provider:
(a) to publish a preliminary version of the draft variation and invite
members of the public to make submissions to the provider about the preliminary
version within a specified period; and
(b) to give consideration to any submissions from members of the public
received within that period; and
(c) to advise the Minister on those submissions and any changes made to
the draft variation as a result.
(4) The Minister must not approve the variation unless the Minister is
satisfied that, if the provider were to give the Minister a draft digital data
service plan in the same terms as the current plan as proposed to be varied, the
Minister would approve that draft.
(1) After deciding whether to approve a draft variation of an approved
digital data service plan, the Minister must give a written notice setting out
the decision to both the digital data service provider concerned and the
ACA.
(2) A copy of the notice must be published in the
Gazette.
(3) If the Minister refuses to approve the variation, the Minister must
give a written notice setting out the reasons for the refusal to the
provider.
(4) If the Minister approves the variation, the current plan is varied
accordingly.
(5) The Minister must give to the ACA a copy of each variation approved
under section 15L.
(1) This section applies if an approved digital data service plan (the
current plan) for an area is in force.
(2) The Minister may give the digital data service provider concerned a
written notice requiring the provider:
(a) within the period and in the terms set out in the notice, to give the
Minister a draft variation of the current plan; or
(b) within the period and in the terms set out in the notice, to give the
Minister a fresh draft digital data service plan for the area that is expressed
to replace the current plan.
(3) The provider must comply with the notice.
If an approved digital data service plan is in force, the general digital
data service provider, or special digital data service provider, concerned must
take all reasonable steps to ensure that the plan is complied with.
(1) Before the end of a claim period, the Minister must determine in
writing one or more universal service subsidies for the period. A copy of a
determination under this subsection must be published in the
Gazette.
(2) The Minister must ensure that there is a subsidy for each universal
service area in respect of each service obligation. A subsidy may cover one or
more universal service areas in respect of one or more service
obligations.
(3) A determination under this section must specify:
(a) the amount, or a method for working out the amount, of the subsidy;
and
(b) the circumstances in which a universal service provider for the claim
period is eligible to be paid the subsidy.
(4) The circumstances that may be specified include, but are not limited
to:
(a) whether the subsidy is payable to a primary universal service provider
or a competing universal service provider; and
(b) the types or amount of equipment, goods or services that are supplied
to persons in a universal service area.
(5) The determination must specify that a subsidy is only payable to a
universal service provider who complies with the provider’s obligations
under section 12C or 13D (whichever is applicable).
(6) A determination may specify an amount of subsidy as zero.
(1) The Minister may give written notice to the ACA requiring it to give
the Minister written advice, within a specified period, in relation to the
Minister determining universal service subsidies.
(2) The notice may include directions about the giving of the
advice.
(3) The ACA must comply with the notice, and with the directions (if any),
within the specified period.
(4) In providing the advice, the ACA must not take into account any grant
that has been made or may be made to a person under section 56 or 57 of the
Telstra Corporation Act 1991.
(5) For the purposes of providing the advice, the ACA may give a written
request to a carrier or carriage service provider to provide specified
information within a specified period. The person must comply with the request
within that period.
(6) The Minister is not required to follow any advice received from the
ACA and, in determining the subsidies, may have regard to any matters that the
Minister considers appropriate.
(1) A determination under section 16 takes effect on the day
specified in the determination (which may be before, on or after the day on
which the determination is made).
(2) A determination under section 16 applies for the period specified
in the determination, which must not be longer than 3 years.
(3) A variation or revocation of such a determination takes effect on the
day specified for the purpose in the instrument of variation or revocation
(which may be before, on or after the day on which the instrument is
made).
(1) A person’s digital data cost for a claim period depends on which
of the following paragraphs is applicable for that claim period:
(a) if:
(i) the person is a digital data service provider for that claim period;
and
(ii) a determination is in force under subsection (4) in relation to
that claim period;
the person’s digital data cost for the claim period is worked out
in accordance with the determination;
(b) if:
(i) the person is a digital data service provider for that claim period;
and
(ii) no determination is in force under subsection (4) in relation to
that claim period;
then:
(iii) if the amount worked out using the formula in subsection (2) is
greater than zero—the person’s digital data cost for the claim
period is equal to that amount; or
(iv) if the amount worked out using the formula in subsection (2) is
not greater than zero—the person’s digital data cost for the claim
period is zero.
Note: The digital data cost is needed for the purposes of
making a claim for levy credit for a claim period (see
section 20J).
(2) The formula referred to in paragraph (1)(b) is as
follows:
where:
customer charges means the total amount payable by persons in
the area referred to in subsection (3) by way of charges for the supply by
the person during the claim period of customer equipment covered by
paragraph (3)(a).
customer equipment costs means the person’s customer
equipment costs for the claim period.
supplementary amount means the amount (if any) specified in,
or ascertained in accordance with, regulations made for the purposes of this
definition.
(3) For the purposes of this section, if a person is a digital data
service provider for an area for a claim period, the person’s
customer equipment costs for the claim period is an amount equal
to the sum of:
(a) the total costs incurred by the person in acquiring customer equipment
that:
(i) is covered by a determination that was in force under section 19A
during the claim period in relation to charges imposed, or proposed to be
imposed, by the person for the supply of customer equipment of a kind specified
in regulations made for the purposes of paragraph 10F(1)(a) or 10G(1)(a);
and
(ii) was supplied by the person during the claim period to persons in the
area; and
(b) the total rebates that became payable during the claim period by the
person, in accordance with regulations made for the purposes of subsection
10D(1), in respect of customer equipment acquired or hired by persons in the
area.
(4) The Minister may make a written determination specifying a method of
ascertaining an amount for the purposes of paragraph (1)(a).
(5) The amount worked out under such a determination may be
zero.
(6) A copy of a determination under subsection (4) must be published
in the Gazette.
(1) The Minister may, by written instrument, formulate principles or rules
that are to be applied in determining the extent (if any) to which costs are to
be treated as excessive for the purposes of subsection 17(3).
(2) For the purposes of the application of subsection 17(3) in relation to
a particular claim period, if:
(a) a person has incurred costs of a kind mentioned in paragraph 17(3)(a);
and
(b) the costs are treated, under the principles or rules in force under
subsection (1), as excessive to any extent;
the amount of the costs is to be reduced by the amount of the
excess.
(3) An instrument under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) This section applies if a person is the universal service provider for
a universal service area.
(2) For the purposes of this Division, a universal service
charge is a charge imposed, or proposed to be imposed, by the person
for:
(a) the supply of standard telephone services to persons in the area;
or
(b) calls made from payphones in the area; or
(c) the supply of prescribed carriage services to persons in the
area.
(1) The Minister may, by notice published in the Gazette, determine
that specified universal service charges are subject to price control
arrangements under this Division.
(2) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) This section applies if a determination is in force under
section 18A in relation to a particular universal service charge.
(2) The Minister may make a written determination setting out:
(a) price-cap arrangements and other price control arrangements that are
to apply in relation to the charge; or
(b) principles or rules in accordance with which the universal service
provider may impose or alter the charge;
or both.
(3) A determination under subsection (2) has effect accordingly and
takes effect on the day specified in the determination which must be on or after
notice of the determination is published in the Gazette.
(4) A determination under subsection (2) may make different provision
with respect to different customers. This section does not, by implication,
limit subsection 33(3A) of the Acts Interpretation Act 1901.
(5) A determination under subsection (2) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A determination under section 18B relating to a universal service
charge may:
(a) prohibit the charge from being imposed or altered without the
Minister’s consent; or
(b) prohibit the charge from being imposed or altered without the
ACCC’s consent; or
(c) prohibit the charge from being imposed or altered without prior notice
being given to the Minister; or
(d) prohibit the charge from being imposed or altered without prior notice
being given to the ACCC; or
(e) empower the Minister to direct the ACCC to give the Minister such
reports and advice as the Minister requires for the purposes of assisting the
Minister in deciding whether to give a consent in accordance with the
determination.
(2) Subsection (1) does not, by implication, limit
section 18B.
(1) This section applies if a determination under subsection 154(1) or
157(1) is in force in relation to a charge imposed, or proposed to be imposed,
by Telstra.
(2) A determination under this Division is of no effect so far as it
relates to that charge.
A universal service provider must comply with a determination in force
under this Division.
(1) For the purposes of this Division, if a person is a general digital
data service provider for a particular area, a digital data service
charge is a charge imposed, or proposed to be imposed, by the person for
the supply of general digital data services to persons in the area.
(2) For the purposes of this Division, if a person is a special digital
data service provider for a particular area, a digital data service
charge is a charge imposed, or proposed to be imposed, by the person for
the supply of special digital data services to persons in the area.
(1) The Minister may, by notice published in the Gazette, determine
that specified digital data service charges are subject to price control
arrangements under this Division.
(2) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) This section applies if a determination is in force under
section 19A in relation to a particular digital data service
charge.
(2) The Minister may make a written determination setting out:
(a) price-cap arrangements and other price control arrangements that are
to apply in relation to the charge; or
(b) principles or rules in accordance with which the digital data service
provider may impose or alter the charge;
or both.
(3) A determination under subsection (2) has effect accordingly and
takes effect on the day specified in the determination which must be on or after
notice of the determination is published in the Gazette.
(4) A determination under subsection (2) may make different provision
with respect to different customers. This section does not, by implication,
limit subsection 33(3A) of the Acts Interpretation Act 1901.
(5) A determination under subsection (2) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A determination under section 19B relating to a digital data
service charge may:
(a) prohibit the charge from being imposed or altered without the
Minister’s consent; or
(b) prohibit the charge from being imposed or altered without the
ACCC’s consent; or
(c) prohibit the charge from being imposed or altered without prior notice
being given to the Minister; or
(d) prohibit the charge from being imposed or altered without prior notice
being given to the ACCC; or
(e) empower the Minister to direct the ACCC to give the Minister such
reports and advice as the Minister requires for the purposes of assisting the
Minister in deciding whether to give a consent in accordance with the
determination.
(2) Subsection (1) does not, by implication, limit
section 19B.
(1) This section applies if a determination under subsection 154(1) or
157(1) is in force in relation to a charge imposed, or proposed to be imposed,
by Telstra.
(2) A determination under this Division is of no effect so far as it
relates to that charge.
A digital data service provider must comply with a determination in force
under this Division.
(1) A participating person for an eligible revenue period must give the
ACA a written return of the person’s eligible revenue for that
period.
(2) The return must be:
(a) given to the ACA within the period specified in writing by the ACA for
providing returns; and
(b) in a form approved in writing by the ACA.
The approved form may require verification, by a statutory declaration, of
statements made in the return.
(3) The return must set out:
(a) the eligible revenue for the eligible revenue period of the
participating person; and
(b) details of how the eligible revenue was worked out; and
(c) such other information (if any) as the approved form of return
requires.
(1) For the purposes of this Part, a person is a participating
person for an eligible revenue period if:
(a) the person was a carrier at any time during the eligible revenue
period; or
(b) the Minister makes a written determination that carriage service
providers are participating persons for the eligible revenue period and the
person was a carriage service provider at any time during the eligible revenue
period.
(2) However, a person is not a participating person for an
eligible revenue period if:
(a) the person’s gross telecommunications revenue for the eligible
revenue period is less than the amount determined in writing by the Minister for
the purposes of this paragraph; or
(b) the person is of a kind, determined in writing by the Minister for the
purposes of this paragraph, to be exempt from this section.
(3) A determination made for the purposes of subsection (1), or
paragraph (2)(a) or (b), is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
(4) In this section:
gross telecommunications revenue for an eligible revenue
period has the meaning given by the determination made for the purposes of
paragraph (2)(a).
(1) For the purposes of this Part, a participating person’s
eligible revenue for an eligible revenue period is the amount that
is taken to be the person’s eligible revenue for that period in accordance
with a determination in writing made by the ACA for the purposes of this
subsection.
(2) To avoid doubt, the determination may, in providing the amount that is
taken to be a person’s eligible revenue, refer to revenue of other
persons.
(3) The ACA is, immediately after the commencement of Schedule 1 to
the Telecommunications (Consumer Protection and Service Standards) Amendment
Act (No. 2) 2000, taken to have made a determination under
subsection (1) in the same terms as the regulations that were referred to
in section 17 of this Act, and in force, immediately before that
commencement.
(4) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) For the purposes of this Part, an eligible revenue
period is:
(a) the 1999-2000 financial year and each later financial year;
or
(b) if the Minister determines in writing another period—that other
period.
(2) If the Minister determines another period, the Minister may, in the
determination, modify the way in which this Part applies to participating
persons. The modifications may include additions, omissions and
substitutions.
(3) A copy of a determination under paragraph (1)(b) must be
published in the Gazette.
(1) An eligible revenue return given to the ACA under section 20 must
be accompanied by a report of an approved auditor that:
(a) is in a form approved in writing by the ACA; and
(b) states that the auditor has audited the return; and
(c) contains a determination, in the terms specified in the form, of the
auditor’s opinion; and
(d) states that the auditor has been given sufficient information and
assistance in order to audit the return; and
(e) includes all other statements and information required by the form to
be included.
(2) This section does not apply to a person if the ACA gives written
notice to the person to that effect.
The ACA may make whatever inquiries it thinks necessary or desirable in
order to determine whether or not a participating person’s eligible
revenue return for an eligible revenue period correctly states the
person’s eligible revenue for that period.
(1) The ACA must make a written assessment of each participating
person’s eligible revenue for an eligible revenue period.
Note: The assessment may be included in the same document as
any other assessment the ACA makes under this Part (see
section 20Y).
(2) A person’s eligible revenue:
(a) must be assessed as zero if the person’s eligible revenue is
less than the amount (the threshold amount) determined in writing
by the Minister for the purposes of this subsection; or
(b) in any other case—must be reduced by the threshold
amount.
(3) Subject to section 20G and subsection (2), the assessment
must be based on:
(a) the person’s eligible revenue return; and
(b) the information and documents obtained by the ACA because of its
inquiries into the correctness of the return; and
(c) any other information or documents that the ACA has and that it thinks
relevant to making the assessment.
(4) The Minister must publish in the Gazette a copy of a
determination made for the purposes of subsection (2).
(5) The ACA must give a copy of an assessment of a person’s eligible
revenue to the person concerned.
(1) If a participating person fails to give the ACA an eligible revenue
return for an eligible revenue period, the ACA may:
(a) estimate the person’s eligible revenue for that period;
and
(b) make a written assessment under section 20F of the person’s
eligible revenue for that period based on that estimate (but taking into account
subsection 20F(2)).
(2) The ACA must give at least 14 days’ notice to the person of the
ACA’s proposal to make the assessment based on the estimate, and of the
amount of eligible return proposed to be assessed. The notice must be in
writing.
(3) The ACA must not make an assessment based on an estimate after
receiving an eligible revenue return for the period from the person
concerned.
(4) However, if the ACA has made an assessment based on the estimate, the
ACA is not required to change it if an eligible revenue return is later given to
the ACA.
(1) After the ACA has assessed the eligible revenue of participating
persons for an eligible revenue period, the ACA must work out a levy
contribution factor for the period for each of those persons.
Note: The levy contribution factor is used to work out the
levy debit of a participating person. See section 20R.
(2) The levy contribution factor for an eligible revenue
period is the amount worked out using the following formula:
where:
individual eligible revenue means the assessed eligible
revenue of the participating person for the eligible revenue period.
total eligible revenue means the total assessed eligible
revenue for the eligible revenue period of all the participating persons for the
period.
(1) Within the period of 45 days after the end of a claim period, or such
other period as is determined in writing by the Minister, a carrier or carriage
service provider who is a:
(a) universal service provider; or
(b) a digital data service provider;
for the claim period may give to the ACA a claim for a levy credit for that
period.
(2) A person’s levy credit for a claim period is the
total of:
(a) all amounts of universal service subsidy to which the person is
entitled for the period; and
(b) the person’s digital data cost for the period.
(3) A claim must be in a form approved in writing by the ACA, and must
include:
(a) in the case of a universal service provider—details
of:
(i) the provider’s entitlement to universal service subsidy for the
claim period; and
(ii) how that entitlement has been worked out; and
(b) in the case of a digital data service provider—details
of:
(i) the person’s digital data cost for the claim period;
and
(ii) how that amount has been worked out.
The claim must include such other information (if any) as is required by
the approved form.
(4) The approved form may require verification, by a statutory
declaration, of statements in the claim.
(5) A copy of a determination made under subsection (1) must be
published in the Gazette.
(1) A claim must be accompanied by a report of an approved auditor
that:
(a) is in a form approved in writing by the ACA; and
(b) states that the auditor has audited the claim; and
(c) contains a determination, in the terms specified in the form, of the
auditor’s opinion; and
(d) states that the auditor has been given sufficient information and
assistance in order to audit the claim; and
(e) includes all other statements and information required by the form to
be included.
(2) However, the Minister may, by making a written determination, modify
the requirements in subsection (1), including by omitting, adding or
substituting requirements.
(3) This section does not apply to a person if the ACA gives written
notice to the person to that effect.
(4) A copy of a determination under subsection (2) must be published
in the Gazette.
(1) Within 14 days after the end of the period for making claims for levy
credit for a claim period, the ACA must publish on the Internet or by any other
means that the ACA considers appropriate:
(a) a copy of each claim made under section 20J in respect of the
claim period; or
(b) a summary of all the claims made under that section in respect of the
claim period.
(2) In this section:
claim includes a variation of a claim.
The ACA may make whatever inquiries it thinks necessary or desirable in
order to determine:
(a) whether or not a claim by a universal service provider for a levy
credit for a claim period correctly states the provider’s entitlement to
universal service subsidy for the period; or
(b) whether or not a claim by a digital data service provider for a levy
credit for a claim period correctly states the amount of the digital data cost
of the provider for the period.
(1) The ACA must make a written assessment, in respect of each person who
submits a claim for levy credit for a claim period in accordance with
section 20J, of the person’s levy credit for that period.
Note: The assessment may be included in the same document as
any other assessment the ACA makes under this Part (see
section 20Y).
(2) The assessment must set out:
(a) if the person is a universal service provider for the claim
period—the universal service subsidy to which the person is entitled for
that period; and
(b) if the person is a digital data service provider for the claim
period—the person’s digital data cost for that period.
(3) The assessment must be based on:
(a) the claim lodged by the person; and
(b) the information and documents obtained by the ACA because of its
inquiries into the correctness of the claim; and
(c) any other information or documents that the ACA has and that it thinks
relevant to making the assessment.
(4) The ACA must give a copy of the assessment to the person
concerned.
(1) The Minister may determine in writing principles that are to be
applied in assessing (including adjusting) claims for a levy credit. The
principles apply from the date specified in the determination.
(2) Before making the determination, the Minister must invite all affected
carriers and carrier service providers to make submissions within a specified
period to the Minister about the proposed principles. The period specified must
be reasonable.
(3) The ACA must apply the principles (if any) made by the Minister under
this section in making assessments under this Part.
(4) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
If no claim for a levy credit for a claim period has been made under
section 20J within the period for making such claims, no person is liable
to pay an amount of levy in respect of that period.
(1) For each claim period, the ACA must work out a levy debit for each
participating person for the last eligible revenue period that ended before the
start of the claim period.
(2) The levy debit is the amount worked out using the
formula:
where:
levy contribution factor means the person’s levy
contribution factor for that eligible revenue period worked out under
section 20H.
total levy credits means the total of all the levy credits to
which persons are entitled for that claim period.
(3) The Minister may, by written determination, modify the formula in
subsection (2).
Note: The Minister may, for example, increase the amount of
total levy credits to take account of the possibility of defaults in the payment
of levy for a claim period.
(4) A determination under subsection (3) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
If a person’s levy debit (if any) under section 20R for a
claim period exceeds the person’s assessed levy credit (if any) under
section 20N for the claim period, then:
(a) the person has a levy debit balance for the period; and
(b) the amount of that balance is the amount of the excess.
If a person’s assessed levy credit (if any) under section 20N
for a claim period exceeds the person’s levy debit under subsection 20R
for the claim period, then:
(a) the person has a levy credit balance for the period; and
(b) the amount of that balance is the amount of the excess.
(1) For each claim period, the ACA must make a written assessment setting
out:
(a) the matters in subsections (2), (3) and (4); and
(b) the total of all levy credits to which persons are entitled for the
claim period.
(2) For each participating person for the last eligible revenue period
that ended before the start of the claim period, the assessment must set
out:
(a) the person’s levy debit under section 20R for the claim
period; and
(b) the person’s levy debit balance (if any) under section 20S
for the claim period; and
(c) if the person has a levy debit balance—the levy payable by the
person on that balance.
Note: Section 20Z sets out when the levy is
payable.
(3) For each universal service provider for the claim period, the
assessment must set out:
(a) the universal service subsidy to which the ACA assesses the provider
is entitled for the claim period; and
(b) the provider’s levy credit balance (if any) under
section 20T for the claim period; and
(c) if the provider has a levy credit balance—the amount payable to
the provider under section 21C for the claim period.
(4) For each digital data service provider for the claim period, the
assessment must set out:
(a) the provider’s digital data cost for the claim period;
and
(b) the provider’s levy credit balance (if any) under
section 20T for the claim period; and
(c) if the provider has a levy credit balance—the amount payable to
the provider under section 21C for the claim period.
(5) The assessment must be made on the basis of:
(a) the assessments under section 20N of levy credits for the claim
period; and
(b) the assessments under section 20F of eligible revenue for each
participating person for the last eligible revenue period that ended before the
start of the claim period; and
(c) any other information or documents that the ACA has and that it thinks
relevant to making the assessment.
(6) The ACA must act expeditiously in preparing its assessment. However, a
failure to comply with this subsection does not affect the validity of the
assessment.
As soon as practicable after making an assessment under section 20U
for a claim period, the ACA must:
(a) cause a copy of the assessment to be published in the Gazette;
and
(b) give a copy of the assessment to each of the persons referred to in
subsections 20U(2), (3) and (4).
(1) The ACA may vary an assessment made under this Part by making such
alterations and additions as it thinks necessary, even if levy credits or levy
has been paid in respect of an assessment.
(2) Unless the contrary intention appears, an amended assessment is taken,
for the purposes of this Part, to be an assessment under section 20F, 20N
or 20U (as the case may be).
Despite anything in this Part, the ACA may, for the purposes of making an
assessment under this Part, partly or completely accept a statement in a claim
for levy credit or an eligible revenue return.
The ACA may include in the same document more than one assessment made
under this Part.
(1) Levy assessed under section 20U becomes due and payable
on:
(a) the 28th day; or
(b) such later day as is determined in writing by the ACA;
after the ACA gives a copy of the assessment to the participating person in
respect of which the levy has been assessed.
(2) A copy of a determination under paragraph (1)(b) must be
published in the Gazette.
Levy may be recovered in a court of competent jurisdiction as a debt due
to the Commonwealth.
The validity of an assessment under this Division is not affected by a
contravention of this Act.
(1) This section applies if:
(a) a copy of the Gazette is produced that sets out what
purports to be a copy of an assessment made under section 20U; or
(b) a document that purports to be such a copy is produced.
(2) Except so far as the contrary is established, it must be
presumed:
(a) that the copy of the Gazette sets out, or that the document is,
as the case may be, a copy of such an assessment; and
(b) that the ACA has duly made the assessment; and
(c) that the amounts and other particulars set out in the assessment are
correct.
In any proceeding, the onus of establishing that an assessment under
section 20U is incorrect is on the party making that assertion.
If there is an overpayment of levy, the overpayment is to be
refunded.
(1) This section cancels the effect of a provision of another Act that
would have the effect of exempting a person from liability to pay
levy.
(2) The cancellation does not apply if the provision of the other Act is
enacted after the commencement of this section and refers specifically to levy
imposed by the Telecommunications (Universal Service Levy) Act
1997.
(1) The Commonwealth is not liable to pay levy.
(2) A reference in this section to the Commonwealth includes
a reference to an authority of the Commonwealth that cannot, by law of the
Commonwealth, be made liable to taxation by the Commonwealth.
(1) The Minister may, by written determination, require a person who has a
liability to pay levy, or an anticipated liability to pay levy, to obtain, in
accordance with the determination, performance bonds or guarantees in respect of
the person’s liability or anticipated liability.
(2) The person must comply with the determination.
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(4) In this section:
performance bond has the meaning given by the
determination.
(1) The Universal Service Account that was, immediately before the
commencement of this section, in existence because of section 82 of the
unamended Act continues in existence under and subject to the provisions of this
Act.
(2) The Universal Service Account is a Special Account within the meaning
of the FMA Act.
(3) The Universal Service Account is to be administered by:
(a) the Department; or
(b) the ACA, if the ACA is a prescribed Agency within the meaning of the
FMA Act.
(4) If there is a change to who is to administer the Universal Service
Account in accordance with subsection (3), the Minister may determine in
writing arrangements to deal with any issues of a transitional nature that may
arise as a result of the change.
(5) A copy of a determination under subsection (4) must be published
in the Gazette.
(6) In this section:
FMA Act means the Financial Management and Accountability
Act 1997.
unamended Act means this Act as in force immediately before
the commencement of Schedule 1 to the Telecommunications (Consumer
Protection and Service Standards) Amendment Act (No. 2) 2000.
There must be credited to the Universal Service Account:
(a) amounts equal to amounts of levy paid from time to time under this
Part; and
(b) all money appropriated by law for the purposes of the Universal
Service Account; and
(c) amounts equal to amounts that were overpaid under section 21C and
have been recovered.
(1) Amounts standing to the credit of the Universal Service Account may be
expended:
(a) in payment of any amounts payable under section 21C;
and
(b) in payment of any refunds under section 20ZE; and
(c) in refunding any amounts paid into the Universal Service Account in
error; and
(d) in making distributions in accordance with section 21D;
and
(e) in reimbursing the Commonwealth for:
(i) the costs or expenses incurred by the Commonwealth or the ACA in
administering the Telecommunications (Universal Service Levy) Act 1997
and this Division during any period; and
(ii) without limiting subparagraph (i), costs or expenses incurred in
connection with recovering levy; and
(iii) costs incurred by the Commonwealth during the period in collecting,
compiling, analysing and publishing information about the operation of that Act
and this Division.
(2) For the purposes of paragraph (1)(e), the Minister administering
the Financial Management and Accountability Act 1997 may, from time
to time, determine the amount of a reimbursement to be made to the Commonwealth
in relation to a period on such basis as he or she thinks appropriate.
(3) Despite subsection (2), the total of the amounts reimbursed under
paragraph (1)(e) must not exceed the total of the amounts paid into the
Universal Service Account under paragraph 21A(b) (including any interest earned
on those amounts).
(1) If a person has a levy credit balance for a claim period because of
section 20T, an amount equal to the amount of that balance is payable to
the person out of the Universal Service Account.
(2) No amount is payable out of the Universal Service Account for a claim
period unless and until the ACA has made an assessment under section 20U
for that claim period.
(3) If the total of the amounts payable to persons out of the Universal
Service Account is more than the balance of the Universal Service Account, after
paying any refunds that are due under section 20ZE, the ACA must:
(a) work out the amount payable to each person as a proportion of the
total amounts payable; and
(b) ensure that any payments out of the Universal Service Account are made
in accordance with those proportions (rounding amounts to whole dollars as the
ACA considers appropriate).
(4) However, if the Minister determines in writing a different method for
making payments out of the Universal Service Account than the method provided in
subsection (3), the ACA must act in accordance with that
determination.
(5) A determination under subsection (4) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The ACA may distribute to persons who are or were participating
persons any balance of the Universal Service Account that remains after all
amounts payable out of it for a claim period have been paid.
(2) The Minister may determine in writing rules for making those
distributions. The ACA must comply with those rules.
(3) A determination under subsection (2) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) For the purposes of this section, an overpaid amount is
so much of an amount paid under section 21C as represents an
overpayment.
(2) An overpaid amount is a debt due to the Commonwealth.
(3) An overpaid amount may be recovered by the Commonwealth by action in a
court of competent jurisdiction.
(4) If a person is liable to pay an overpaid amount, the overpaid amount
may be deducted from one or more other amounts that are payable to the person
under this Part, and if it is so deducted, the other amounts are taken to have
been paid in full to the person.
(1) A person may request the ACA to make available to the
person:
(a) specified information or documents on the basis of which the ACA has
made its assessment under section 20U for a claim period; or
(b) specified information about how the ACA has worked out the matters
that such an assessment sets out because of subsection 20U(2), (3) or
(4).
(2) The ACA must comply with a request as provided in section 22B.
This subsection has effect subject to subsection (3).
(3) The ACA must not make available under this section:
(a) information (other than information prescribed for the purposes of
this paragraph):
(i) that was obtained from, or relates to, a universal service provider,
or a digital data service provider, for a claim period; and
(ii) the making available of which under this section can reasonably be
expected to cause substantial damage to that provider; or
(b) information prescribed for the purposes of this paragraph;
or
(c) so much of a document as sets out information of a kind referred to in
paragraph (a) or (b).
(1) For the purposes of this section, each of the following persons is an
eligible person:
(a) a person who is a universal service provider for a claim
period;
(b) a person who is a digital data service provider for a claim
period;
(c) a person who is a participating person for a claim period.
(2) An eligible person may request the ACA to make available to it
specified information or documents of a kind referred to in subsection 22(1)
that subsection 22(3) prevents the ACA from making available to the eligible
person under section 22.
(3) The ACA must comply with a request as provided for in
section 22B. This section has effect subject to
subsection (4).
(4) The ACA must not, under this section, make available to an eligible
person (the first eligible person) information, or so much of a
document as sets out information:
(a) that was obtained from, or relates to, another eligible person;
and
(b) the making available of which to the first eligible person can
reasonably be expected to cause substantial damage to the other eligible
person’s commercial or other interests;
unless the ACA is satisfied:
(c) that the information could be obtained by the first eligible person
lawfully, and without the other eligible person’s consent, from a source
other than the ACA; or
(d) in the case of a request under paragraph 22(1)(a) or
(b)—that:
(i) the first eligible person has made the request in good faith for the
sole purpose of informing itself about the basis on which, or the methods by
which, the ACA made the assessment concerned; and
(ii) having regard to the policy principles in section 8A, the first
eligible person’s interest in being able to examine that basis and those
methods in order to see how its liability to pay levy, or its entitlement to a
payment under section 21C, as the case requires, has been assessed
outweighs the other eligible person’s interest in avoiding the damage
referred to in paragraph (b); or
(e) in the case of a request under paragraph
22(1)(c)—that:
(i) the first eligible person has made the request in good faith for the
sole purpose of informing itself about the basis on which, or the methods by
which, the ACA made the decision to make the determination concerned;
and
(ii) having regard to the policy principles in section 8A, the first
eligible person’s interest in being able to examine that decision
outweighs the other eligible person’s interest in avoiding the damage
referred to in paragraph (b).
(5) In determining the question referred to in paragraph (4)(b), the
ACA must have regard to:
(a) whether any undertakings have been given under subsection (6)
and, if so, the nature of those undertakings; and
(b) such other matters (if any) as the ACA considers relevant.
(6) For the purposes of this section, a person may give the ACA a written
undertaking that, if specified information, or the whole or a part of a
specified document, is made available to the person under this section, the
person will not disclose the information, or the contents of the document,
except to one or more specified persons.
Note: Information, documents or persons may be specified by
name, by inclusion in a class or in any other way.
(7) If a person gives an undertaking under subsection (6), the person
must comply with the undertaking.
(1) The ACA may comply with a request by a person under section 22 or
22A by:
(a) communicating information to the person in writing or in some other
form; or
(b) making documents available for inspection by the person or by an
employee, agent or professional adviser of the person; or
(c) giving to the person copies of, extracts from, or summaries of,
documents.
(2) In this section:
document includes a part of a document.
(1) This section applies if the Minister has reason to believe that a
carrier or carriage service provider has information that is relevant to the
exercise of the Minister’s powers, or performance of the Minister’s
functions, under this Part.
(2) The Minister may give written notice to the carrier or provider
requiring the carrier or provider to give the information to the Minister,
within the period and in the manner specified in the notice.
(3) The carrier or provider must comply with the notice.
(1) The Minister may determine in writing that this Division applies to
information subject to such modifications as are specified in the
determination.
(2) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(3) In this section:
modifications includes omissions, additions and
substitutions.
(1) The ACA is to maintain a Register or Registers in which the ACA
includes a copy of each of the following documents (indicating whether the
document is currently in force):
(a) a determination made under section 11C, (contestable service
obligations);
(b) a determination made under section 14 (alternative arrangements
for fulfilling the universal service obligation);
(c) an approved policy statement for a primary universal service provider
or a competing universal service provider;
(d) an approved standard marketing plan for a primary universal service
provider or a competing universal service provider;
(e) an approved ATS marketing plan for a primary universal service
provider or a competing universal service provider;
(f) an approved digital data service plan for a digital data service
provider.
(2) The Register or Registers may be maintained by electronic
means.
(3) A person may, on payment of the charge (if any) fixed by a
determination under section 53 of the Australian Communications
Authority Act 1997:
(a) inspect the Register or Registers; and
(b) make a copy of, or take extracts from, the Register or
Registers.
(4) For the purposes of this section, if a Register is maintained by
electronic means, a person is taken to have made a copy of, or taken an extract
from, the Register if the ACA gives the person a printout of some or all of the
Register.
(5) If a person requests that a copy be provided in an electronic form,
the ACA may provide the relevant information:
(a) on a data processing device; or
(b) by way of electronic transmission.
(1) The Minister may delegate one or more of his or her powers under this
Part to an SES employee, or an acting SES employee, of the ACA. The delegation
must be in writing.
(2) The delegation may be made subject to specified conditions.
(3) A notice of a delegation made under this
section must be published in the Gazette, including details of the
delegation.
A failure by the Minister or the ACA to publish a notice in the
Gazette as required by a provision of this Act does not affect the
validity of anything else done in accordance with this Act.