Commonwealth: Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth)

Telecommunications (Consumer Protection and Service Standards) Act 1999 No. 50, 1999 Compilation No. 44 Compilation date: 1 June 2024 Includes amendments: Act No. 36, 2024 Registered: 5 June 2024 About this compilation This compilation This is a compilation of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that shows the text of the law as amended and in force on 1 June 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects and regulatory policy 4 Simplified outline 5 Definitions 6 Standard telephone service 7 Application of this Act 7A Application of the Criminal Code Part 2—Public interest telecommunications services Division 1—Introduction 8 Simplified outline of this Part 8A Definitions 8BA Special meaning of standard telephone service 8C Meaning of service area 8J Declaration about alternative contractual arrangements relating to standard telephone services 8K Declaration about alternative contractual arrangements relating to payphones Division 2—Universal service obligation Subdivision A—What is the universal service obligation? 9 Universal service obligation 9B What is a service obligation? 9C Payphones 9E Supply of standard telephone services Subdivision B—Primary universal service provider 12A Determination of primary universal service providers 12B Effect of determination 12C Obligations of primary universal service providers 12D When Telstra Limited is taken to be a primary universal service provider 12E Former universal service provider may be required to provide information to current universal service provider Subdivision C—USO standards and rules 12EB Performance standards—standard telephone service 12EC Performance benchmarks—standard telephone service 12ED Performance standards—payphones 12EE Performance benchmarks—payphones 12EF Rules about the location of payphones 12EG Rules about the process for public consultation on the location or removal of payphones 12EH Rules about the process for resolution of complaints about the location or removal of payphones 12EI Directions by the ACMA about the removal of payphones Division 3—Public interest telecommunications service contracts and grants Subdivision A—Policy objectives 13 Policy objectives Subdivision B—Contracts and grants 14 Contracts and grants 15 Terms and conditions of grants 16 Condition about compliance with Ministerial determination 17 Exemption of designated transitional contracts from Ministerial determination 18 Secretary has powers etc. of the Commonwealth 19 Conferral of powers on the Secretary 20 Monitoring of performance 21 Executive power of the Commonwealth 21A Directions—facilitation of Telstra USO Performance Agreement 22 Transitional—pre‑commencement contracts Subdivision C—Relevant contracts entered into by designated Telstra successor companies 22A Relevant contract 22AA Transfer of asset 22B Authorised officer 22C Notification of relevant contracts 22CA Notification of proposed contracts 22D Copies of relevant contracts—requirement imposed by Ministerial notice 22E Copies of relevant contracts—requirement imposed by rules Division 4—Disclosure of information Subdivision A—Access to information or documents held by a carriage service provider 23 Access to information or documents held by a carriage service provider 24 Copying documents—compensation 25 Copies of documents 26 Secretary may retain documents 27 Law relating to legal professional privilege not affected 28 Disclosure of information 29 Consent to customer contact Subdivision B—Access to information or documents held by an NBN corporation 30 Access to information or documents held by an NBN corporation 31 Copying documents—compensation 32 Copies of documents 33 Secretary may retain documents 34 Law relating to legal professional privilege not affected 35 Severability Subdivision C—Disclosure of information to certain bodies or persons 36 Disclosure of information to certain bodies or persons Division 5—Public Interest Telecommunications Services Special Account 37 Public Interest Telecommunications Services Special Account 38 Credits to the Account 39 Purposes of the Account 40 Distribution of remaining balance of the Account Division 6—Assessment, collection and recovery of levy Subdivision A—Overall levy target amount 41 Overall levy target amount 42 Statement of overall levy target amount Subdivision B—Eligible revenue of participating persons 43 Participating person must lodge return of eligible revenue 44 Participating person 45 Eligible revenue 46 ACMA may inquire into correctness of return 47 ACMA to assess eligible revenue 48 Assessment based on estimate of eligible revenue 49 Levy contribution factor Subdivision C—Levy amount 50 Levy amount of a participating person 51 ACMA to make written assessment 52 Publication of assessment Subdivision D—Assessments 53 Variation of assessments 54 ACMA may accept statements 55 Multiple assessments in the same document Subdivision E—Collection and recovery of levy 56 When levy payable 57 Recovery of levy 58 Validity of assessment 59 Evidence of assessment 60 Onus of establishing incorrectness of assessment 61 Set‑off 62 Refund of overpayment of levy 63 Cancellation of certain exemptions from levy 64 Commonwealth not liable to levy 65 Performance bonds and guarantees Subdivision F—Disclosure of information 66 Public may request information 67 Request for information that is unavailable under section 66 68 How the ACMA is to comply with a request Subdivision G—Other matters 69 Offence of failing to lodge eligible revenue return 70 Late payment penalty Division 7—Other matters 71 Register of Public Interest Telecommunications Contracts 72 Register of Public Interest Telecommunications Grants 73 Delegation by the Minister 74 Delegation by the Secretary Part 3—Funding of fixed wireless broadband and satellite broadband Division 1—Introduction 75 Simplified outline of this Part 76 Definitions 76A Local access line 76AA Designated broadband services 76AB Fixed wireless broadband service 77 Satellite broadband service 78 Eligible funding recipients 78A Financial year 79 Eligible financial year 79A Premises Division 2—Contracts and grants relating to fixed wireless broadband and satellite broadband 80 Contracts and grants 81 Terms and conditions of grants 82 Condition about compliance with Ministerial determination 83 Secretary has powers etc. of the Commonwealth 84 Conferral of powers on the Secretary 85 Monitoring of performance 86 Nominal funding entitlement certificate 87 Secretary to comply with rules 88 Executive power of the Commonwealth Division 3—Regional Broadband Scheme Special Account 89 Regional Broadband Scheme Special Account 90 Credits to the Account 91 Distribution of whole or part of balance of the Account 92 Purposes of the Account 92A Offset for designated administrative costs—transfer to general CRF Division 4—Chargeable premises associated with a local access line 93 Chargeable premises associated with a local access line 94 Potentially chargeable premises 95 Exempt premises—small networks 96 Exempt lines—local access lines transitioning to the NBN 96A Potentially concessional premises 96B Recently connected greenfield premises Division 5—Anti‑avoidance 97 Anti‑avoidance Division 6—Charge offset certificate 98 Charge offset certificate 99 Remission or refund of charge Division 7—Assessment, collection and recovery of charge Subdivision A—Reporting obligations 100 Reporting obligations 101 Offence of failing to lodge report Subdivision B—Assessments 102 Assessments 102A Notification of assessment 102B Variation of assessments 102C ACMA may accept statements Subdivision C—Collection and recovery of charge 102D When charge payable 102E Recovery of charge 102F Validity of assessment 102G Evidence of assessment 102H Onus of establishing incorrectness of assessment 102J Refund of overpayment of charge 102K Cancellation of certain exemptions from charge 102L Commonwealth not liable to charge Subdivision D—Other matters 102N Late payment penalty Division 8—Disclosure of information Subdivision A—Access to information or documents held by a carrier or carriage service provider 102P Access to information or documents held by a carrier or carriage service provider 102Q Copying documents—compensation 102R Copies of documents 102S ACMA may retain documents 102T Law relating to legal professional privilege not affected Subdivision B—Access to information or documents held by an eligible funding recipient 102U Access to information or documents held by an eligible funding recipient 102V Copying documents—compensation 102W Copies of documents 102X ACCC may retain documents 102Y Law relating to legal professional privilege not affected Subdivision C—Disclosure of information to certain bodies 102Z Disclosure of information by the ACMA to certain bodies 102ZA Disclosure of information by the ACCC to certain bodies Division 9—Other matters 102ZB Register of Contracts for the Funding of Fixed Wireless Broadband and Satellite Broadband 102ZC Register of Grants for the Funding of Fixed Wireless Broadband and Satellite Broadband 102ZD Publication of charge payments and charge offsets 102ZE ACMA may give certain information to the ACCC 102ZF Report about the number of premises supplied with designated broadband services during the applicable reporting period 102ZFA Review of this Part etc. 102ZFB Disallowance of determinations 102ZG Delegation by the Secretary 102ZH Meaning of capable Part 4—Continued access to untimed local calls 103 Simplified outline 104 Requirement to provide an untimed local call option 105 Untimed local call option 106 Eligible local calls 107 Benefits for customers outside standard zones 108 Standard zones 109 Applicable zones 110 Eligible customer 111 Points 112 Application of this Part Part 5—Customer service guarantee Division 1—Introduction 113 Simplified outline 114 Interpretation 114A Wholesale carriage service and wholesale customer Division 2—Retail performance standards and benchmarks 115 Performance standards 116 Damages for breach of performance standards 117 Scale of damages for breach of performance standards 117A Time for payment of damages for breach of performance standards 117B Performance benchmarks 117C Compliance with performance benchmarks Division 3—Wholesale performance standards and benchmarks 117D Performance standards 117E Performance benchmarks 117F Compliance with performance benchmarks Division 4—Other provisions 118 Remedial directions—compliance with performance standards 118A Right of contribution 119 Evidentiary certificate issued by the Telecommunications Industry Ombudsman 120 Waiver of customer service guarantee 120A Carriage service may be supplied on condition that the customer waives the customer service guarantee 121 Savings of other laws and remedies 122 Breach of performance standard is not an offence 122A Failure to meet or exceed a minimum benchmark is not an offence 123 Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a breach of a performance standard 124 Minister may direct the ACMA about the use of its powers under this Part 125 Review of performance standards following Ministerial direction Part 6—The Telecommunications Industry Ombudsman 126 Simplified outline 127 Eligible carriage service providers 128 Telecommunications Industry Ombudsman scheme 129 Exemptions from requirement to join scheme 130 Direction to join scheme 131 Determination that a class of carriage service providers must join scheme 132 Members of scheme must comply with scheme 133 Register of members of scheme 133A Reviews of the Telecommunications Industry Ombudsman scheme Part 8—Provision of emergency call services 146 Simplified outline 147 Provision of emergency call services 148 Compliance with determination 149 Access to emergency call services 150 Ministerial pricing determinations 151 Access to be provided Part 9—Price control arrangements for designated Telstra successor companies 152 Simplified outline 153 Definitions 154 Minister may determine price control arrangements 155 Effect of price control arrangements 156 Alteration of charges subject to price control arrangements 157 Carrier charges subject to notification and disallowance 158 Alteration of charges subject to notification and disallowance Part 9B—Independent reviews of regional telecommunications Division 1—Independent reviews of regional telecommunications 158P Reviews of regional telecommunications to be conducted by the RTIRC 158Q Report of review Division 2—Regional Telecommunications Independent Review Committee (RTIRC) 158R Establishment of the RTIRC 158S Functions of the RTIRC 158T Membership of the RTIRC 158U Appointment of RTIRC members 158V Acting appointments—RTIRC Chair 158W Procedures 158X Disclosure of interests 158Y Remuneration and allowances 158Z Leave of absence 158ZA Resignation 158ZB Termination of appointment 158ZC Other terms and conditions 158ZD Assistance to RTIRC Part 10—Miscellaneous 160 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about telecommunications, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Telecommunications (Consumer Protection and Service Standards) Act 1999. 2 Commencement This Act commences on the 28th day after the day on which it receives the Royal Assent. 3 Objects and regulatory policy The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 3 (objects); (b) section 4 (regulatory policy). 4 Simplified outline The following is a simplified outline of this Act: • A universal service regime is established. 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. • The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements. • The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services. • Public interest telecommunication services include: (a) standard telephone services; and (b) payphones; and (c) emergency call services; and (d) the National Relay Service. • The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012. • The proceeds of the levy will be used to: (a) pay contractors and grant recipients; and (b) pay eligible administrative costs. • The Secretary is responsible for entering into contracts, and making grants, relating to: (a) fixed wireless broadband; and (b) satellite broadband. • The ACMA will assess and collect the charge imposed on carriers by the Telecommunications (Regional Broadband Scheme) Charge Act 2020. • The proceeds of the charge will be used to: (a) pay contractors and grant recipients; and (b) offset designated administrative costs. • Local calls are to be charged for on an untimed basis. • The ACMA may make performance standards to be complied with by carriage service providers in relation to customer service. • Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme. • The ACMA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services. • Designated Telstra successor companies are subject to price control arrangements. 5 Definitions (1) Unless the contrary intention appears, expressions used in this Act and in the Telecommunications Act 1997 have the same meaning in this Act as they have in that Act. (2) In this Act: Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to a particular financial year. data call has the meaning generally accepted within the telecommunications industry. eligible administrative costs of the Commonwealth means: (a) remuneration, and other employment‑related costs and expenses, in respect of APS employees whose duties relate to the performance of the Secretary's functions, or the exercise of the Secretary's powers, under Division 3 of Part 2; or (b) any other costs, expenses and other obligations incurred by the Commonwealth in connection with the performance of the Secretary's functions, or the exercise of the Secretary's powers, under Division 3 of Part 2; but does not include: (c) amounts incurred under contracts made under section 14; and (d) amounts incurred by way of grants made under section 14. eligible levy period means: (a) the 2014‑15 financial year; or (b) a later financial year. eligible revenue for an eligible levy period has the meaning given by section 45. eligible revenue period means: (a) the 2013‑14 financial year; or (b) a later financial year. eligible revenue return means a return under section 43. engage in conduct means: (a) do an act; or (b) omit to perform an act. levy means levy imposed by section 4C of the Telecommunications (Industry Levy) Act 2012. levy amount has the meaning given by section 50. levy contribution factor has the meaning given by section 49. national broadband network has the same meaning as in the National Broadband Network Companies Act 2011. National Relay Service means a service that provides persons who: (a) are deaf; or (b) have a hearing and/or speech impairment; with access to a standard telephone service on terms, and in circumstances, that are comparable to those on which other Australians have access to a standard telephone service. NBN Co has the same meaning as in the National Broadband Network Companies Act 2011. overall levy target amount has the meaning given by section 41. participating person for an eligible revenue period has the meaning given by section 44. payphone carriage service means a carriage service supplied by means of a payphone. price‑related terms and conditions means terms and conditions relating to price or a method of ascertaining price. primary universal service provider has the meaning given by section 12A. Public Interest Telecommunications Services Special Account means the Public Interest Telecommunications Services Special Account established by section 37. RTIRC means the Regional Telecommunications Independent Review Committee established by section 158R. RTIRC Chair means the Chair of the Regional Telecommunications Independent Review Committee. RTIRC member means a member of the Regional Telecommunications Independent Review Committee, and includes the RTIRC Chair. Secretary means the Secretary of the Department. service obligation has the meaning given by section 9B. SMS relay service means a service that allows users of the National Relay Service to communicate using SMS. Note: SMS is short for short message service. standard telephone service has the meaning given by section 6. Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme. Telecommunications Industry Ombudsman scheme means the scheme referred to in section 128. this Act includes the regulations. universal service obligation has the meaning given by section 9. universal service provider means a primary universal service provider. video relay service means a service that allows persons who: (a) are deaf: or (b) have a hearing and/or speech impairment; to communicate with other persons using video as well as voice. 6 Standard telephone service (1) A reference in a particular provision of this Act to a standard telephone service is a reference to a carriage service for each of the following purposes: (a) the purpose of voice telephony; (b) if: (i) voice telephony is not practical for a particular end‑user with a disability (for example, because the user is deaf or has a hearing and/or speech impairment); and (ii) another form of communication that is equivalent to voice telephony (for example, communication by means of a device that enables text‑based communication) would be required to be supplied to the end‑user in order to comply with the Disability Discrimination Act 1992; the purpose of that form of communication; (c) a purpose declared by the regulations to be a designated purpose for the purposes of that provision; where: (d) the service passes the connectivity test set out in subsection (2); and (e) to the extent that the service is for the purpose referred to in paragraph (a)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and (f) to the extent that the service is for the purpose referred to in paragraph (b)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and (g) to the extent that the service is for a particular purpose referred to in paragraph (c)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision. (2) A service passes the connectivity test if an end‑user supplied with the service for a purpose mentioned in paragraph (1)(a), (b) or (c) is ordinarily able to communicate, by means of the service, with each other end‑user who is supplied with the same service for the same purpose, whether or not the end‑users are connected to the same telecommunications network. (3) The following are examples of purposes that could be declared by regulations made for the purposes of paragraph (1)(c): (a) the purpose of the carriage of data; (b) the purpose of tone signalling. (4) In making a recommendation to the Governor‑General at a particular time about the making of regulations for the purposes of paragraph (1)(c), the Minister must have regard to the following matters: (a) whether a carriage service for the purpose proposed to be declared by the regulations can be supplied using the same infrastructure as is, at that time, being used by universal service providers, contractors or grant recipients to supply a standard telephone service for the purpose referred to in paragraph (1)(a); (b) such other matters (if any) as the Minister considers relevant. (5) This section does not prevent a characteristic declared by regulations made for the purposes of paragraph (1)(e), (f) or (g) from being a performance characteristic. (6) In this section: this Act includes the Telecommunications Act 1997. 7 Application of this Act The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 8 (Crown to be bound); (b) section 9 (extra‑territorial application); (c) section 10 (extension to external Territories); (d) section 11 (extension to offshore areas); (e) section 12 (Act subject to Radiocommunications Act); (f) section 13 (continuity of partnerships). 7A Application of the Criminal Code Chapter 2 of the Criminal Code (except for Part 2.5) applies to all offences against this Act. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For criminal liability of corporations under this Act, see sections 574A and 575 of the Telecommunications Act 1997. Part 2—Public interest telecommunications services Division 1—Introduction 8 Simplified outline of this Part • This Part establishes a universal service regime. • 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. • The universal service regime is to be phased out and replaced by alternative contractual arrangements. • The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services. • Public interest telecommunication services include: (a) standard telephone services; and (b) payphones; and (c) emergency call services; and (d) the National Relay Service. • The Secretary will monitor the performance of contractors and grant recipients. • The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012. • The proceeds of the levy will be used to: (a) pay contractors and grant recipients; and (b) pay eligible administrative costs. 8A Definitions In this Part: contractor has the meaning given by section 14. general Australian service area means the service area consisting of Australia. grant recipient has the meaning given by section 14. service area has the meaning given by section 8C. 8BA Special meaning of standard telephone service (1) A reference in this Part to a standard telephone service is a reference to a standard telephone service (within the meaning of section 6) that has the characteristics (if any) specified in a determination under subsection (2). (2) The Minister may, by legislative instrument, determine specified characteristics for the purposes of subsection (1). 8C Meaning of service area 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. 8J Declaration about alternative contractual arrangements relating to standard telephone services Initial declaration (1) During the period of 24 months that began at the commencement of this section, the Minister must make either of the following declarations: (a) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; (b) a declaration that the 24‑month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section. (2) If: (a) a declaration is made under paragraph (1)(a) or (b); and (b) the declaration is not in force as at the later of the following times: (i) the end of the period of 26 months that began at the commencement of this section; (ii) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the declaration could be passed; the 24‑month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section. Subsequent declarations (3) Before the end of the declaration deferral period, the Minister must make either of the following declarations: (a) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; (b) a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to standard telephone services. Criteria for making declaration (4) The Minister must not make a declaration under paragraph (1)(a) or (3)(a) unless: (a) Telstra has entered into a contract under section 14; and (b) the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); and (c) the contract is in force; and (d) neither party to the contract has given notice of termination of the contract; and (e) the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to: (i) Telstra's record of compliance with its obligations under the contract; and (ii) the nature of Telstra's obligations under the contract; and (iii) Telstra's record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(a); and (iv) Telstra's record of compliance with its obligations under Part 5; and (v) such other matters (if any) as the Minister considers relevant; and (f) the Minister has obtained advice from: (i) the ACMA; and (ii) the Secretary; about the making of the declaration. (5) Subparagraphs (4)(e)(iii) and (iv) do not apply to an act, omission, matter or thing that occurs before the commencement of this section. (6) Subsection (4) does not limit the matters to which the Minister may have regard in making a declaration under this section. Declarations (7) A declaration under this section cannot be varied or revoked. (8) A declaration under this section is a legislative instrument. 8K Declaration about alternative contractual arrangements relating to payphones Initial declaration (1) During the period of 24 months that began at the commencement of this section, the Minister must make either of the following declarations: (a) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to payphones; (b) a declaration that the 24‑month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section. (2) If: (a) a declaration is made under paragraph (1)(a) or (b); and (b) the declaration is not in force as at the later of the following times: (i) the end of the period of 26 months that began at the commencement of this section; (ii) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the declaration could be passed; the 24‑month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section. Subsequent declarations (3) Before the end of the declaration deferral period, the Minister must make either of the following declarations: (a) a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to payphones; (b) a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to payphones. Criteria for making declaration (4) The Minister must not make a declaration under paragraph (1)(a) or (3)(a) unless: (a) Telstra has entered into a contract under section 14; and (b) the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(b); and (c) the contract is in force; and (d) neither party to the contract has given notice of termination of the contract; and (e) the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to: (i) Telstra's record of compliance with its obligations under the contract; and (ii) the nature of Telstra's obligations under the contract; and (iii) Telstra's record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(b); and (iv) such other matters (if any) as the Minister considers relevant; and (f) the Minister has obtained advice from: (i) the ACMA; and (ii) the Secretary; about the making of the declaration. (5) Subparagraph (4)(e)(iii) does not apply to an act, omission, matter or thing that occurs before the commencement of this section. (6) Subsection (4) does not limit the matters to which the Minister may have regard in making a declaration under this section. Declarations (7) A declaration under this section cannot be varied or revoked. (8) A declaration under this section is a legislative instrument. Division 2—Universal service obligation Subdivision A—What is the universal service obligation? 9 Universal service obligation (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. (2) The obligation mentioned in paragraph (1)(a) includes the obligation to supply standard telephone services to people in Australia on request. (2A) The obligation mentioned in paragraph (1)(b) includes the obligation to supply, install and maintain payphones in Australia. (2AAA) If: (a) the Minister makes a declaration under section 8J that, in the Minister's opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; and (b) neither House of the Parliament passes a resolution under section 42 of the Legislation Act 2003 disallowing the declaration; an obligation does not arise under paragraph (1)(a) or subsection (2) of this section after the last day on which such a resolution could have been passed by a House of the Parliament. (2AA) If: (a) the Minister makes a declaration under section 8K that, in the Minister's opinion, there are satisfactory alternative contractual arrangements relating to payphones; and (b) neither House of the Parliament passes a resolution under section 42 of the Legislation Act 2003 disallowing the declaration; an obligation does not arise under paragraph (1)(b) or subsection (2A) of this section after the last day on which such a resolution could have been passed by a House of the Parliament. (2C) An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to the supply of a standard telephone service to a person on request unless the request complies with the requirements (if any) set out in a determination under subsection (2D). (2D) The Minister may, by legislative instrument, determine requirements for the purposes of subsection (2C). (2E) An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to the supply of a standard telephone service in the circumstances (if any) specified in a determination under subsection (3). (3) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (2E). (4) An obligation does not arise under paragraph (1)(a) or subsection (2) 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. (6) To avoid doubt, an obligation arising under paragraph (1)(a) or subsection (2) in relation to customer equipment requires the customer concerned to be given the option of hiring the equipment. 9B What is a service obligation? (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). (2) The Minister may, by legislative instrument, determine 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. 9C Payphones 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. 9E Supply of standard telephone services (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. (3) For the purposes of this section, supply, in relation to customer equipment or other goods, includes supply by way of hire. (4) For the purposes of this section, disability has the same meaning as in the Disability Discrimination Act 1992. Subdivision B—Primary universal service provider 12A Determination of primary universal service providers (1) The Minister may determine in writing that a specified carrier or carriage service provider is the primary universal service provider for a service area in respect of a service obligation. (2) The Minister may determine under subsection (1): (a) different primary universal service providers in respect of different service obligations for the same service area; and (b) the same person as the primary universal service provider for one or more service areas in respect of one or more service obligations. (2A) The Minister may determine, in writing, that each of 2 or more specified persons is a primary universal service provider in respect of a service obligation. (2B) The Minister must not specify a person in a determination under subsection (2A) unless the person is a carrier or carriage service provider. (2C) The Minister may determine under subsection (2A): (a) different primary universal service providers in respect of different service obligations; and (b) the same person as a primary universal service provider in respect of one or more service obligations. (2D) The Minister must not make a determination under subsection (1) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (2A). (2E) The Minister must not make a determination under subsection (2A) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (1). (3) In exercising the Minister's powers under this section in relation to a service obligation, the Minister must ensure that at all times each point in Australia is within a service area for which there is at least one primary universal service provider in respect of that service obligation. (4) In deciding whether to make a determination that a person is a primary universal service provider, the Minister is limited to considering factors that are relevant to achieving the objects of this Act. (5) The Minister must give to the person and to the ACMA a copy of the determination. (6) A determination under this section is a legislative instrument. Note: A determination that the Minister is taken to have made under this section because of section 12D is not a legislative instrument (see subsection 12D(2)). 12B Effect of determination (1) A determination under section 12A takes effect on the day specified in the determination. (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. (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. 12C Obligations of primary universal service providers (1) If there is only one primary universal service provider for a service area in respect of a service obligation, that service obligation, so far as it relates to that area, is imposed on that primary universal service provider. (2) If there are 2 or more primary universal service providers for a service area in respect of a service obligation: (a) that obligation, so far as it relates to that area, is imposed on each of those primary universal service providers, but may be discharged by any of those primary universal service providers; and (b) if the service obligation, so far as it relates to that area, is complied with by any of those primary universal service providers—the obligation, so far as it relates to that area, is taken to have been complied with by the other primary universal service provider or providers. 12D When Telstra Limited is taken to be a primary universal service provider (1) The Minister is taken to have made a determination under subsection 12A(1) that Telstra Limited is the primary universal service provider for so much of the general Australian service area as is not a special determined area in relation to that service obligation in respect of that service obligation. (2) Despite subsection 12A(6), the determination that the Minister is taken to have made is not a legislative instrument. (3) Subsection (1) does not apply to Telstra Limited unless Telstra Limited is a carrier or carriage service provider. (4) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for a service area in respect of a service obligation; (b) if such a determination is in force—that area is a special determined area in relation to that service obligation. (5) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for a service area in respect of a service obligation; (b) if such a determination is in force—that area is a special determined area in relation to that service obligation. (6) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for the general Australian service area in respect of a service obligation; (b) if such a determination is in force—subsection (1) does not apply to that service obligation. (7) The following provisions have effect: (a) subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for the general Australian service area in respect of a service obligation; (b) if such a determination is in force—subsection (1) does not apply to that service obligation. 12E Former universal service provider may be required to provide information to current universal service provider Scope (1) This section applies if: (a) the Minister determines under section 12A that a carrier or carriage service provider (the current provider) is a primary universal service provider for a service area in respect of a service obligation; and (b) another person, who is or was a universal service provider for the service area in respect of the obligation, is determined to be a former provider under subsection (4). (2) This section also applies if: (a) either: (i) the Minister revokes or varies a determination under section 12A so that a person (the former provider) ceases to be a universal service provider for a service area in respect of a service obligation; or (ii) a person (the former provider) otherwise ceases to be a universal service provider for a service area in respect of a service obligation; and (b) another person (the current provider), who was also a universal service provider in respect of the service obligation, continues to be a universal service provider for the service area in respect of that obligation: (i) if subparagraph (a)(i) applies—after the revocation or variation; or (ii) if subparagraph (a)(ii) applies—after the cessation. (3) Subsections (1) and (2) can apply before the determination, revocation or variation under section 12A takes effect. Former provider (4) The Minister may determine in writing that a person is a former provider for the purposes of this section. Requirement to give information (5) 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 (6). 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; (ii) the day on which the determination under section 12A was made 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. (6) 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 section 12C, the former provider may be required to provide that kind of information. Note 2: See also subsection (8), which allows the Minister to determine that a specified kind of information is information referred to in this subsection. (7) If a requirement made by a notice under subsection (5) 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. (8) The Minister may, by legislative instrument, make a 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. (9) If a former provider has been given notice of a requirement under subsection (5), the ACMA may, in writing, direct the former provider to comply with the requirement or with specified aspects of the requirement. The former provider must comply with the direction. (10) In deciding whether to give a direction under subsection (9), the ACMA must consider whether the requirement under subsection (5) is reasonable. Subdivision C—USO standards and rules 12EB Performance standards—standard telephone service Determination (1) The Minister may make a written determination setting out standards to be complied with by a primary universal service provider in relation to any or all of the following matters: (a) the terms and conditions of the supply of a standard telephone service to a customer, other than price‑related terms and conditions; (b) the reliability of a standard telephone service supplied to a customer; (c) the supply of a temporary standard telephone service to a customer; (d) the maximum period within which a primary universal service provider must supply a standard telephone service following the making of a request by a prospective customer; (e) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a standard telephone service following the making of a report by a customer about the fault or service difficulty; (f) any other matter concerning the supply, or proposed supply, of a standard telephone service to a customer or prospective customer. (2) A determination under subsection (1) may be of general application or may be limited as provided in the determination. (3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Compliance (4) A primary universal service provider must comply with a standard in force under subsection (1). Service supplied in fulfilment of the universal service obligation (6) This section does not apply to a standard telephone service unless the service is supplied, or proposed to be supplied, in fulfilment of the universal service obligation. Determination is a legislative instrument (7) A determination under subsection (1) is a legislative instrument. 12EC Performance benchmarks—standard telephone service Determination (1) The Minister may make a written determination setting out standards to be complied with by a primary universal service provider in relation to any or all of the following matters: (a) the terms and conditions of the supply of a standard telephone service to a customer, other than price‑related terms and conditions; (b) the reliability of a standard telephone service supplied to a customer; (c) the supply of a temporary standard telephone service to a customer; (d) the maximum period within which a primary universal service provider must supply a standard telephone service following the making of a request by a prospective customer; (e) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a standard telephone service following the making of a report by a customer about the fault or service difficulty; (f) any other matter concerning the supply, or proposed supply, of a standard telephone service to a customer or prospective customer. (2) A determination under subsection (1) may be of general application or may be limited as provided in the instrument. (3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Determination is a legislative instrument (5) A determination under subsection (1) is a legislative instrument. Performance benchmarks (6) The Minister may, by legislative instrument, set minimum benchmarks in relation to compliance by a primary universal service provider with a standard in force under subsection (1). (7) An instrument under subsection (6) may be of general application or may be limited as provided in the instrument. (8) Subsection (7) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Provider must meet or exceed minimum benchmarks (9) A primary universal service provider must meet or exceed a minimum benchmark set by an instrument under subsection (6). Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a breach of a standard (10) Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1). Note: Clause 1 of Schedule 1 to the Telecommunications Act 1997 requires carriers to comply with this Act. Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a breach of a standard (11) Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1). Note: Clause 1 of Schedule 2 to the Telecommunications Act 1997 requires carriage service providers to comply with this Act. 12ED Performance standards—payphones Determination (1) The Minister may make a written determination setting out standards to be complied with by a primary universal service provider in relation to any or all of the following matters: (a) the characteristics of a payphone carriage service; (b) the supply, installation or maintenance of a payphone; (c) the supply of a payphone carriage service; (d) the reliability of a payphone; (e) the reliability of a payphone carriage service; (f) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty; (g) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty; (h) the handling of requests for the removal of a payphone; (i) any other matter concerning: (i) the supply, installation or maintenance of a payphone; or (ii) the supply of a payphone carriage service. (2) A determination under subsection (1) may be of general application or may be limited as provided in the determination. (3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Compliance (4) A primary universal service provider must comply with a determination under subsection (1). Determination is a legislative instrument (6) A determination under subsection (1) is a legislative instrument. 12EE Performance benchmarks—payphones Determination (1) The Minister may make a written determination setting out standards to be complied with by a primary universal service provider in relation to any or all of the following matters: (a) the characteristics of a payphone carriage service; (b) the supply, installation or maintenance of a payphone; (c) the supply of a payphone carriage service; (d) the reliability of a payphone; (e) the reliability of a payphone carriage service; (f) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty; (g) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty; (h) the handling of requests for the removal of a payphone; (i) any other matter concerning: (i) the supply, installation or maintenance of a payphone; or (ii) the supply of a payphone carriage service. (2) A determination under subsection (1) may be of general application or may be limited as provided in the determination. (3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Determination is a legislative instrument (5) A determination under subsection (1) is a legislative instrument. Performance benchmarks (6) The Minister may, by legislative instrument, set minimum benchmarks in relation to compliance by a primary universal service provider with a standard in force under subsection (1). (7) An instrument under subsection (6) may be of general application or may be limited as provided in the instrument. (8) Subsection (7) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Provider must meet or exceed minimum benchmarks (9) A primary universal service provider must meet or exceed a minimum benchmark set by an instrument under subsection (6). Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a breach of a standard (10) Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1). Note: Clause 1 of Schedule 1 to the Telecommunications Act 1997 requires carriers to comply with this Act. Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a breach of a standard (11) Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1). Note: Clause 1 of Schedule 2 to the Telecommunications Act 1997 requires carriage service providers to comply with this Act. 12EF Rules about the location of payphones (1) The Minister may make a determination setting out rules to be complied with by a primary universal service provider in relation to the places or areas in which payphones are to be located. Compliance (2) A primary universal service provider must comply with a determination under subsection (1). (3) If a primary universal service provider complies with a determination under subsection (1), the provider is taken to have complied with an obligation under paragraph 9(1)(b) or subsection 9(2A), to the extent to which the obligation relates to the location of payphones. Determination is a legislative instrument (5) A determination under subsection (1) is a legislative instrument. 12EG Rules about the process for public consultation on the location or removal of payphones (1) The Minister may make a determination setting out rules to be complied with by a primary universal service provider in relation to the process for public consultation on the location or removal of payphones. (2) The Minister must ensure that a determination under subsection (1) provides that, if: (a) a primary universal service provider makes a decision to remove a payphone from a particular location; and (b) that payphone is the only payphone at that location; then: (c) the provider must undertake a process for public consultation on the removal of that payphone; and (d) if, in accordance with that process, a person makes a submission to the provider—the provider must notify the person, in writing, of the outcome of that process. Compliance (3) A primary universal service provider must comply with a determination under subsection (1). Determination is a legislative instrument (5) A determination under subsection (1) is a legislative instrument. 12EH Rules about the process for resolution of complaints about the location or removal of payphones (1) The Minister may make a determination setting out rules to be complied with by a primary universal service provider in relation to the process for resolution of complaints about the location or removal of payphones. Compliance (2) A primary universal service provider must comply with a determination under subsection (1). Determination is a legislative instrument (4) A determination under subsection (1) is a legislative instrument. 12EI Directions by the ACMA about the removal of payphones Scope (1) This section applies if: (a) a primary universal service provider has made a decision to remove a payphone from a particular location; and (b) a person notifies the ACMA, in writing, that the person objects to the removal; and (c) the ACMA is satisfied that: (i) the removal would breach, or has breached, a determination under subsection 12EF(1); or (ii) the provider has breached a determination under subsection 12EG(1) in relation to the removal. Direction (2) If the payphone has not been removed, the ACMA may, by written notice given to the provider, direct the provider not to remove the payphone from that location. (3) If the payphone has been removed, the ACMA may, by written notice given to the provider, direct the provider: (a) to supply and install a payphone at that location; and (b) to do so within the period specified in the notice. (4) A period specified under paragraph (3)(b) must not be shorter than 30 days after the notice is given. (5) A direction under subsection (2) or (3) must not be inconsistent with a determination under subsection 12EF(1). Compliance (6) A primary universal service provider must comply with a direction under subsection (2) or (3). Direction is not a legislative instrument (7) A direction under subsection (2) or (3) is not a legislative instrument. Division 3—Public interest telecommunications service contracts and grants Subdivision A—Policy objectives 13 Policy objectives (1) The policy objectives of this Division are: (a) that standard telephone services are to: (i) be reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and (ii) be supplied to people in Australia on request; and (b) that payphones are to: (i) be reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and (ii) be supplied, installed and maintained in Australia; and (c) that end‑users of standard telephone services in Australia are to have access, free of charge, to an emergency call service; and (d) that the National Relay Service is to be reasonably accessible to all persons in Australia who: (i) are deaf; or (ii) have a hearing and/or speech impairment; wherever they reside or carry on business; and (e) that there are to be such: (i) customer information programs; and (ii) customer cabling installation programs; and (iii) carriage service development programs; and (iv) other measures (if any) as are specified in the regulations; as are necessary to support the continuity of supply of carriage services during the transition to the national broadband network; and (f) that all persons in Australia outside a standard zone are to have access to untimed voice calls on a basis that is comparable to the access provided to persons in standard zones for voice calls made: (i) using a standard telephone service; or (ii) using a payphone; and (g) that all persons in Australia outside a standard zone are to have access to untimed data calls on a basis that is comparable to the access provided to persons in standard zones for data calls made to an internet service provider using a data network access number; and (h) that an SMS relay s