Commonwealth: Telecommunications Legislation Amendment (Deregulation) Act 2015 (Cth)

Telecommunications Legislation Amendment (Deregulation) Act 2015 No. 38, 2015 An Act to amend legislation relating to telecommunications, and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Public interest telecommunications services Part 1—Amendments commencing on the day after Royal Assent Telecommunications Universal Service Management Agency Act 2012 Part 2—Repeals Telecommunications (Universal Service Levy) Act 1997 Telecommunications Universal Service Management Agency Act 2012 Part 3—General amendments Australian Communications and Media Authority Act 2005 Competition and Consumer Act 2010 Criminal Code Act 1995 Sea Installations Act 1987 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Part 4—Application and transitional provisions Division 1—Preliminary Division 2—Abolition of TUSMA Division 3—Investigations and enforcement Division 4—Industry levy Division 5—Information management Division 6—ACCC's reporting obligations Division 7—Miscellaneous Schedule 2—Telephone sex services Australian Communications and Media Authority Act 2005 Export Market Development Grants Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Schedule 3—Do Not Call Register Do Not Call Register Act 2006 Schedule 4—E‑marketing Telecommunications Act 1997 Schedule 6—Pre‑selection Telecommunications Act 1997 Schedule 7—Telecommunications Industry Ombudsman Telecommunications (Consumer Protection and Service Standards) Act 1999 Schedule 8—Customer service guarantee Telecommunications (Consumer Protection and Service Standards) Act 1999 Telecommunications Legislation Amendment (Deregulation) Act 2015 No. 38, 2015 An Act to amend legislation relating to telecommunications, and for other purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Telecommunications Legislation Amendment (Deregulation) Act 2015. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 13 April 2015 2. Schedule 1, Part 1 The day after this Act receives the Royal Assent. 14 April 2015 3. Schedule 1, Parts 2, 3 and 4 The later of: 1 July 2015 (a) immediately after the commencement of Part 8 of Schedule 2 to the Omnibus Repeal Day (Autumn 2014) Act 2014; and (paragraph (b) applies) (b) the start of 1 July 2015. 4. Schedule 2 The day after this Act receives the Royal Assent. 14 April 2015 5. Schedule 3 The 14th day after this Act receives the Royal Assent. 27 April 2015 6. Schedules 4 to 8 The day after this Act receives the Royal Assent. 14 April 2015 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation 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. Schedule 1—Public interest telecommunications services Part 1—Amendments commencing on the day after Royal Assent Telecommunications Universal Service Management Agency Act 2012 1 Section 89 Repeal the section. Part 2—Repeals Telecommunications (Universal Service Levy) Act 1997 2 The whole of the Act Repeal the Act. Telecommunications Universal Service Management Agency Act 2012 3 The whole of the Act Repeal the Act. Part 3—General amendments Australian Communications and Media Authority Act 2005 4 Section 3 (subparagraph (b)(vi) of the definition of authorised disclosure information) Repeal the subparagraph. 5 Subparagraph 8(1)(j)(va) Repeal the subparagraph. 6 Paragraph 59D(1)(na) Repeal the paragraph, substitute: (na) the Secretary of the Department administered by the Minister administering Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or an APS employee in that Department whose duties relate to that Part; Competition and Consumer Act 2010 7 Paragraph 151CM(1)(b) Omit "Telstra); and", substitute "Telstra).". 8 Paragraph 151CM(1)(c) Repeal the paragraph. 9 Subsection 151CM(5) (definition of universal service provider) Repeal the definition. 10 Paragraph 155AAA(12)(ka) Repeal the paragraph. Criminal Code Act 1995 11 Section 473.1 of the Criminal Code (definition of National Relay Service) Omit "Telecommunications Universal Service Management Agency Act 2012", substitute "Telecommunications (Consumer Protection and Service Standards) Act 1999". 12 Section 473.1 of the Criminal Code (subparagraphs (a)(i) and (b)(i) of the definition of NRS provider) Omit "Telecommunications Universal Service Management Agency Act 2012", substitute "Telecommunications (Consumer Protection and Service Standards) Act 1999". Sea Installations Act 1987 13 Schedule Omit "Telecommunications Universal Service Management Agency Act 2012". Telecommunications Act 1997 14 Section 7 (paragraph (baa) of the definition of ACMA's telecommunications powers) Repeal the paragraph. 15 Section 7 (definition of TUSMA) Repeal the definition. 16 Section 7 (definition of universal service levy) Repeal the definition. 17 Section 7 (definition of universal service provider) Repeal the definition. 18 Subsection 57(2) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 19 Paragraphs 58(2)(a) and (b) Omit ", (2)". 20 Subsection 58(4) Repeal the subsection. 21 Paragraph 58(5)(a) Omit ", (2)". 22 Subsection 67(3) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 23 Subsection 72(2) Repeal the subsection. 24 Subsection 78(2) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 25 Subsection 81(5) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 26 Subsection 81A(3) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 27 Subsection 83(8) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 28 Paragraphs 105(3)(eb) and (ec) Repeal the paragraphs. 29 Section 284 (heading) Repeal the heading, substitute: 284 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman 30 Subsection 284(4) Repeal the subsection. 31 Section 299 (heading) Repeal the heading, substitute: 299 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman 32 Subsection 299(4) Repeal the subsection (not including the note). 33 Section 299 (note) Repeal the note, substitute: Note: Section 284 deals with the disclosure or use of information or documents to assist the ACMA, the ACCC or the Telecommunications Industry Ombudsman. 34 Subsection 492(5) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 35 Subsection 502(5) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 36 Paragraph 508(aaa) Repeal the paragraph. 37 Paragraph 510(1)(aaa) Repeal the paragraph. 38 Subsection 512(7) Repeal the subsection. 39 Subsection 513(3) Repeal the subsection. 40 Subsection 551(3) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 41 Section 563 Omit: • The Federal Court may grant injunctions in relation to contraventions of: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (c) regulations under that Act; or (d) Part 6 of the Telecommunications Universal Service Management Agency Act 2012. substitute: • The Federal Court may grant injunctions in relation to contraventions of: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (c) regulations under that Act. 42 Subsection 564(4) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 43 Subsection 570(7) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 44 Subsection 572B(6) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 45 Subsection 572E(9) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 46 Section 574A (paragraph (aa) of the definition of this Act) Repeal the paragraph. 47 Section 582 Omit ", regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Telecommunications Universal Service Management Agency Act 2012" (first occurring), substitute "and regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999". 48 Section 582 Omit ", the Telecommunications (Consumer Protection and Service Standards) Act 1999 or the Telecommunications Universal Service Management Agency Act 2012", substitute "or the Telecommunications (Consumer Protection and Service Standards) Act 1999". 49 Section 582 Omit ", regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Telecommunications Universal Service Management Agency Act 2012" (last occurring), substitute "and regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999". 50 Subsection 583(3) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 51 Subsection 585(2) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 52 Subsection 586(2) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 53 Subsection 587(4) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 54 Subsection 588(4) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act. 55 Subsection 589(6) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 56 Subsection 592(2) (paragraph (aa) of the definition of this Act) Repeal the paragraph. 57 Subclause 1(2) of Schedule 1 (definition of this Act) Omit ", Part 6 of the Telecommunications Universal Service Management Agency Act 2012". 58 Subclause 1(2) of Schedule 2 (definition of this Act) Omit ", Part 6 of the Telecommunications Universal Service Management Agency Act 2012". 59 Subparagraphs 27(5)(e)(ii) and (iii) of Schedule 3 Repeal the subparagraphs, substitute: (ii) the compliance by the applicant with the obligations under a contract entered into under section 14 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 for a purpose relating to the achievement of a policy objective set out in paragraph 13(1)(a) or (b) of that Act; or (iii) the compliance by the applicant with the terms and conditions of a grant made under section 14 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 for a purpose relating to the achievement of a policy objective set out in paragraph 13(1)(a) or (b) of that Act; 60 Paragraph 1(ja) of Schedule 4 Repeal the paragraph, substitute: (ja) a decision of a kind referred to in subsection 70(3) (which deals with remission of late payment penalty) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; 61 Paragraph 1(jc) of Schedule 4 Repeal the paragraph. Telecommunications (Consumer Protection and Service Standards) Act 1999 62 Section 4 Omit: • The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements under the Telecommunications Universal Service Management Agency Act 2012. substitute: • 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. 63 Subsection 5(2) (definition of alternative telecommunications services) Repeal the definition. 64 Subsection 5(2) Insert: Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to a particular financial year. 65 Subsection 5(2) (definition of claim period) Repeal the definition. 66 Subsection 5(2) Insert: contractor has the meaning given by section 14. data call has the meaning generally accepted within the telecommunications industry. 67 Subsection 5(2) Repeal the following definitions: (a) definition of default arrangements; (b) definition of designated STS area. 68 Subsection 5(2) Insert: 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. 69 Subsection 5(2) (definition of eligible revenue) Repeal the definition, substitute: eligible revenue for an eligible levy period has the meaning given by section 45. 70 Subsection 5(2) (definition of eligible revenue period) Repeal the definition, substitute: eligible revenue period means: (a) the 2013‑14 financial year; or (b) a later financial year. 71 Subsection 5(2) Insert: eligible revenue return means a return under section 43. engage in conduct means: (a) do an act; or (b) omit to perform an act. grant recipient has the meaning given by section 14. 72 Subsection 5(2) (definition of levy) Repeal the definition, substitute: levy means levy imposed by section 4C of the Telecommunications (Industry Levy) Act 2012. 73 Subsection 5(2) Insert: levy amount has the meaning given by section 50. 74 Subsection 5(2) (definition of levy contribution factor) Repeal the definition, substitute: levy contribution factor has the meaning given by section 49. 75 Subsection 5(2) Repeal the following definitions: (a) definition of levy credit; (b) definition of levy debit. 76 Subsection 5(2) Insert: 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. overall levy target amount has the meaning given by section 41. 77 Subsection 5(2) (definition of participating person) Repeal the definition, substitute: participating person for an eligible revenue period has the meaning given by section 44. 78 Subsection 5(2) Insert: Public Interest Telecommunications Services Special Account means the Public Interest Telecommunications Services Special Account established by section 37. Secretary means the Secretary of the Department. 79 Subsection 5(2) (definition of service area) Repeal the definition. 80 Subsection 5(2) Insert: 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. 81 Subsection 5(2) Repeal the following definitions: (a) definition of universal service area; (b) definition of universal service charge; (c) definition of universal service contractor; (d) definition of universal service grant recipient. 82 Subsection 5(2) (definition of universal service provider) Repeal the definition, substitute: universal service provider means a primary universal service provider. 83 Subsection 5(2) (definition of universal service subsidy) Repeal the definition. 84 Subsection 5(2) Insert: 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. 85 Paragraph 6(4)(a) Omit "universal service contractors or universal service grant recipients", substitute "contractors or grant recipients". 86 Subsection 6(6) (definition of this Act) Repeal the definition, substitute: this Act includes the Telecommunications Act 1997. 87 Section 6A Repeal the section. 88 Part 2 (heading) Repeal the heading, substitute: Part 2—Public interest telecommunications services 89 Section 8 Repeal the section, substitute: 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. 90 Sections 8A, 8B, 8C, 8D, 8E, 8F, 8G and 8H Repeal the sections. 91 Sections 8J and 8K Repeal the sections, substitute: 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 Legislative Instruments 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 Legislative Instruments 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. 92 Paragraph 9(1)(a) Omit "(other than people in designated STS areas)". 93 Subsection 9(2) Omit "(other than people in designated STS areas)". 94 After subsection 9(2A) Insert: (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 Legislative Instruments 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. 95 At the end of section 9E Add: (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. 96 Subdivision B of Division 2 of Part 2 Repeal the Subdivision. 97 Division 4 of Part 2 Repeal the Division. 98 Division 5 of Part 2 (heading) Repeal the heading. 99 Subdivision A of Division 5 of Part 2 Repeal the Subdivision. 100 Subdivision B of Division 5 of Part 2 (heading) Repeal the heading. 101 Before section 12A Insert: Subdivision B—Primary universal service provider 102 Subsection 12A(1) Omit "for a universal service area". 103 Paragraph 12A(2)(a) Omit "for the same universal service area". 104 Paragraph 12A(2)(b) Omit "for one or more universal service areas". 105 Subsection 12A(3) Omit ", for each universal service area". 106 Section 12A (note) Omit "or 12E". 107 Section 12A (note) Omit "subsections 12D(2) and 12E(6)", substitute "subsection 12D(2)". 108 Subsection 12B(1) Omit "That day must not be before the day on which notice of the determination is published in the Gazette.". 109 Subsection 12B(3) Omit "That day must not be before notice of the instrument is published in the Gazette.". 110 Subsection 12B(5) Repeal the subsection. 111 Section 12C Omit "for a universal service area". 112 Section 12C Omit ", so far as it relates to that area". 113 Section 12D Repeal the section, substitute: 12D Transitional: when Telstra is taken to be a primary universal service provider Until a determination of a primary universal service provider under section 12A takes effect for the first time 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 in respect of that service obligation. 114 Sections 12E and 12EA Repeal the sections, substitute: 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 the primary universal service provider in respect of a service obligation; and (b) another person, who is or was a universal service provider 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 in respect of a service obligation; or (ii) a person (the former provider) otherwise ceases to be a universal service provider 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 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. 115 Subdivision BA of Division 5 of Part 2 (heading) Repeal the heading. 116 Before section 12EB Insert: Subdivision C—USO standards and rules 117 Section 12EB (heading) Repeal the heading, substitute: 12EB Performance standards—standard telephone service 118 Subsection 12EB(6) (note) Repeal the note. 119 Section 12EC (heading) Repeal the heading, substitute: 12EC Performance benchmarks—standard telephone service 120 Subdivision BB of Division 5 of Part 2 (heading) Repeal the heading. 121 Section 12ED (heading) Repeal the heading, substitute: 12ED Performance standards—payphones 122 Section 12EE (heading) Repeal the heading, substitute: 12EE Performance benchmarks—payphones 123 Divisions 7 to 16 of Part 2 Repeal the Divisions, substitute: 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 service is reasonably accessible to all persons in Australia who: (i) are deaf; or (ii) have a hearing and/or speech impairment; and (i) that a video relay service is reasonably accessible to all persons in Australia who communicate in Auslan; and (j) that a software application is reasonably available to assist all users of the National Relay Service in communication with emergency call services; and (k) the objectives (if any) specified in the regulations, where those objectives relate to the supply of carriage services. (2) For the purposes of paragraphs (1)(f) and (g), standard zone has the meaning given by section 108. Subdivision B—Contracts and grants 14 Contracts and grants (1) The Secretary may, on behalf of the Commonwealth: (a) enter into a contract; or (b) make a grant of financial assistance; for a purpose relating to the achievement of any or all of the policy objectives of this Division. Note 1: For the policy objectives, see subsection 13(1). Note 2: For transitional provisions, see section 22. (2) For the purposes of this Act, if the Secretary enters into a contract with a person under subsection (1), the person is a contractor. (3) For the purposes of this Act, if the Secretary makes a grant of financial assistance to a person under subsection (1), the person is a grant recipient. 15 Terms and conditions of grants Scope (1) This section applies to a grant of financial assistance made under section 14. Terms and conditions (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the grant recipient. (3) An agreement under subsection (2) is to be entered into by the Secretary on behalf of the Commonwealth. (4) Subsection (2) does not apply to a condition under section 16. 16 Condition about compliance with Ministerial determination Condition (1) It is a condition of: (a) a contract entered into under section 14; or (b) a grant made under section 14; that the contractor or grant recipient, as the case may be, must comply with a determination under subsection (2) in so far as the determination applies to the contract or grant, as the case may be. Determination (2) The Minister may, by legislative instrument, make a determination that sets out either or both of the following: (a) standards or rules that must be complied with by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 14; (b) minimum benchmarks that must be met or exceeded by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 14. Application of determinations (3) A determination under subsection (2) may be of general application or may be limited as provided in the determination. (4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Other terms and conditions (5) This section does not, by implication, limit: (a) the terms and conditions that may be included in a contract entered into under section 14; or (b) the terms and conditions that may be included in an agreement under section 15. Determination prevails over inconsistent contract or agreement (6) A term or condition: (a) of a contract entered into under section 14; or (b) set out in an agreement under section 15; has no effect to the extent to which it is inconsistent with a determination under subsection (2) that applies to the contract or to the grant to which the agreement relates, as the case may be. (7) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides a term or condition: (a) of a contract entered into under section 14; and (b) that gives the contractor a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract. (8) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it specifies the price, or a method of ascertaining the price, for any of the services, facilities or customer equipment to be supplied by a contractor in accordance with a section 14 contract. (9) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides a term or condition: (a) set out in an agreement under section 15; and (b) that gives the grant recipient a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the grant recipient in accordance with the terms and conditions of the grant. (10) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it specifies the price, or a method of ascertaining the price, for any of the services, facilities or customer equipment to be supplied by the grant recipient of a section 14 grant in accordance with the terms and conditions of the grant. 17 Exemption of designated transitional contracts from Ministerial determination If: (a) a contract is in force as at the commencement of this section; and (b) the contract was entered into before 1 July 2012; and (c) the contract was a designated transitional contract within the meaning of the repealed Telecommunications Universal Service Management Agency Act 2012; the contract is exempt from a determination under subsection 16(2) of this Act. 18 Secretary has powers etc. of the Commonwealth (1) The Secretary, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth's capacity as: (a) a party to a contract entered into under section 14; or (b) the grantor of a grant made under section 14. (2) Without limiting subsection (1): (a) an amount payable by the Commonwealth under a section 14 contract is to be paid by the Secretary on behalf of the Commonwealth; and (b) an amount payable to the Commonwealth under a section 14 contract is to be paid to the Secretary on behalf of the Commonwealth; and (c) a section 14 grant is to be paid by the Secretary on behalf of the Commonwealth; and (d) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a section 14 grant is to be paid to the Secretary on behalf of the Commonwealth; and (e) the Secretary may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns: (i) a section 14 contract; or (ii) a section 14 grant. 19 Conferral of powers on the Secretary The Secretary may exercise a power conferred on the Secretary by: (a) a contract entered into under section 14; or (b) an agreement under section 14. 20 Monitoring of performance (1) The Secretary must monitor, and report each financial year to the Minister on, all significant matters relating to: (a) the performance of contractors; and (b) the performance of grant recipients. (2) A report under subsection (1) for a financial year must set out details of the following matters: (a) the adequacy of each contractor's compliance, during that year, with the terms and conditions of a section 14 contract; (b) the adequacy of each grant recipient's compliance, during that year, with the terms and conditions of a section 14 grant; (c) any notice of breach by a contractor of a section 14 contract, where the notice was given during that year; (d) any notice of breach by a grant recipient of a term or condition of a section 14 grant, where the notice was given during that year; (e) any remedial action taken by the Secretary during that year in response to a breach of a section 14 contract; (f) any remedial action taken by the Secretary during that year in response to a breach of the terms or conditions of a section 14 grant; (g) the result of any such remedial action. (3) Subsection (2) does not limit subsection (1). (4) A report under subsection (1) for a financial year must be included in the annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for the financial year. 21 Executive power of the Commonwealth This Division does not, by implication, limit the executive power of the Commonwealth. 22 Transitional—pre‑commencement contracts (1) If: (a) a contract is in force as at the commencement of this section; and (b) the contract was entered into before 1 July 2012; and (c) under section 22, 23, 24, 25 or 26 of the repealed Telecommunications Universal Service Management Agency Act 2012, that Act had effect as if the contract had been entered into under section 13 of that Act for a purpose relating to the achievement of a particular policy objective; this Act, and any other law of the Commonwealth, has effect as if the contract had been entered into by the Secretary under section 14 of this Act for a purpose relating to the achievement of the corresponding policy objective. (2) If: (a) a contract is in force as at the commencement of this section; and (b) the contract was entered into on or after 1 July 2012; and (c) the contract was entered into under section 13 of the repealed Telecommunications Universal Service Management Agency Act 2012 for a purpose relating to the achievement of a particular policy objective; this Act, and any other law of the Commonwealth, has effect as if the contract had been entered into by the Secretary under section 14 of this Act for a purpose relating to the achievement of the corresponding policy objective. (3) For the purposes of this section, contract includes a part of a contract. 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 Scope (1) This section applies to a carriage service provider if the Secretary believes on reasonable grounds that the carriage service provider has information or a document that is relevant to the achievement of the policy objective set out in paragraph 13(1)(e). Requirement (2) The Secretary may, by written notice given to the carriage service provider, require the carriage service provider: (a) to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or (b) to produce to the Secretary, within the period and in the manner specified in the notice, any such documents; or (c) to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (4) A carriage service provider must comply with a requirement under subsection (2) to the extent that the carriage service provider is capable of doing so. (5) A carriage service provider commits an offence if: (a) the Secretary has given a notice to the carriage service provider under subsection (2); and (b) the carriage service provider engages in conduct; and (c) the carriage service provider's conduct contravenes a requirement in the notice. Penalty for contravention of this subsection: 50 penalty units. 24 Copying documents—compensation A carriage service provider is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph 23(2)(c). 25 Copies of documents (1) The Secretary may: (a) inspect a document or copy produced under subsection 23(2); and (b) make and retain copies of, or take and retain extracts from, such a document. (2) The Secretary may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 23(2)(c). 26 Secretary may retain documents (1) The Secretary may take, and retain for as long as is necessary, possession of a document produced under subsection 23(2). (2) The carriage service provider otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Secretary to be a true copy. (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original. (4) Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the carriage service provider otherwise entitled to possession of the document, or a person authorised by that carriage service provider, to inspect and make copies of, or take extracts from, the document. 27 Law relating to legal professional privilege not affected This Subdivision does not affect the law relating to legal professional privilege. 28 Disclosure of information Scope (1) This section applies to information that: (a) was obtained by the Secretary under section 23; or (b) is contained in a document, or a copy of a document, that was produced to the Secretary under section 23. Disclosure (2) The Secretary may disclose the information to a carriage service provider if the disclosure is for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e). 29 Consent to customer contact Scope (1) This section applies to a carriage service provider if: (a) the Secretary believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person) contacting: (i) the carriage service provider's customers; or (ii) customers included in a particular class of the carriage service provider's customers; for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e), that consent would be likely to facilitate the achievement of the policy objective set out in paragraph 13(1)(e); and (b) the carriage service provider is not a contractor in relation to a section 14 contract entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e); and (c) the carriage service provider is not a grant recipient in relation to a section 14 grant made for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e). Requirement (2) The Secretary may, by written notice given to the carriage service provider, require the carriage service provider: (a) to consent to the third person contacting: (i) if subparagraph (1)(a)(i) applies—the carriage service provider's customers; or (ii) if subparagraph (1)(a)(ii) applies—customers included in a specified class of the carriage service provider's customers; for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e); and (b) to do so within the period and in the manner specified in the notice. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (4) A carriage service provider must comply with a requirement under subsection (2). (5) A carriage service provider commits an offence if: (a) the Secretary has given a notice to the carriage service provider under subsection (2); and (b) the carriage service provider engages in conduct; and (c) the carriage service provider's conduct contravenes a requirement in the notice. Penalty for contravention of this subsection: 50 penalty units. Subdivision B—Access to information or documents held by an NBN corporation 30 Access to information or documents held by an NBN corporation Scope (1) This section applies to an NBN corporation if the Minister believes on reasonable grounds that the NBN corporation has information or a document that is relevant to the exercise of any of the Secretary's powers under Division 3. Requirement (2) The Minister may, by written notice given to the NBN corporation, require the NBN corporation: (a) to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or (b) to produce to the Secretary, within the period and in the manner specified in the notice, any such documents; or (c) to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (4) An NBN corporation must comply with a requirement under subsection (2) to the extent that the NBN corporation is capable of doing so. (5) An NBN corporation commits an offence if: (a) the Minister has given a notice to the NBN corporation under subsection (2); and (b) the NBN corporation engages in conduct; and (c) the NBN corporation's conduct contravenes a requirement in the notice. Penalty for contravention of this subsection: 50 penalty units. 31 Copying documents—compensation An NBN corporation is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph 30(2)(c). 32 Copies of documents (1) The Secretary may: (a) inspect a document or copy produced under subsection 30(2); and (b) make and retain copies of, or take and retain extracts from, such a document. (2) The Secretary may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 30(2)(c). 33 Secretary may retain documents (1) The Secretary may take, and retain for as long as is necessary, possession of a document produced under subsection 30(2). (2) The NBN corporation otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Secretary to be a true copy. (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original. (4) Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the NBN corporation otherwise entitled to possession of the document, or a person authorised by that NBN corporation, to inspect and make copies of, or take extracts from, the document. 34 Law relating to legal professional privilege not affected This Subdivision does not affect the law relating to legal professional privilege. 35 Severability (1) Without limiting its effect apart from this section, this Subdivision also has effect as provided by this section. Corporations power (2) This Subdivision also has the effect it would have if: (a) subsection (3) had not been enacted; and (b) each reference in this Subdivision to an NBN corporation were, by express provision, confined to an NBN corporation that is a constitutional corporation. Communications power (3) This Subdivision also has the effect it would have if: (a) subsection (2) had not been enacted; and (b) each reference in this Subdivision to an NBN corporation were, by express provision, confined to an NBN corporation that: (i) carries on; or (ii) proposes to carry on; or (iii) has the object of carrying on; a business that consists of or includes the supply of a carriage service. Subdivision C—Disclosure of information to certain bodies or persons 36 Disclosure of information to certain bodies or persons (1) The Secretary may disclose information to any of the following bodies or persons: (a) the ACMA; (b) the ACCC; (c) the Telecommunications Industry Ombudsman; (d) the Regional Telecommunications Independent Review Committee; if: (e) the information was obtained under, or for the purposes of, this Division; and (f) the Secretary is satisfied that the information will enable or assist the body or person to perform or exercise any of the functions or powers of the body or person. (2) The Secretary may, by writing, impose conditions to be complied with in relation to information disclosed under subsection (1). (3) An instrument made under subsection (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. (4) Otherwise, an instrument made under subsection (2) is a legislative instrument. Division 5—Public Interest Telecommunications Services Special Account 37 Public Interest Telecommunications Services Special Account (1) The Public Interest Telecommunications Services Special Account is established by this section. (2) The Account is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013. (3) The Account is to be administered by the Secretary. 38 Credits to the Account There must be credited to the Public Interest Telecommunications Services Special Account: (a) an amount equal to an amount paid to the Commonwealth by way of levy; and (b) an amount equal to an amount paid to the Commonwealth under a section 14 contract; and (c) an amount equal to an amount paid to the Commonwealth by way of damages or compensation for a breach of a section 14 contract; and (d) an amount equal to an amount paid to the Commonwealth by way of the repayment of the whole or a part of a section 14 grant. Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account. 39 Purposes of the Account The purposes of Public Interest Telecommunications Services Special Account are as follows: (a) to pay amounts payable by the Commonwealth under a contract entered into under section 14; (b) to make grants under section 14; (c) to pay the eligible administrative costs of the Commonwealth; (d) to make distributions in accordance with section 40; (e) to pay refunds under section 62. Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 40 Distribution of remaining balance of the Account (1) The Secretary, on behalf of the Commonwealth, may distribute to persons who are or were participating persons any balance standing to the credit of the Public Interest Telecommunications Services Special Account that remains after all payments payable by the Commonwealth, in respect of debits from the Account for an eligible levy period, have been paid. (2) The Minister may, by legislative instrument, determine rules for making those distributions. (3) The Secretary must comply with any rules determined under subsection (2). Division 6—Assessment, collection and recovery of levy Subdivision A—Overall levy target amount 41 Overall levy target amount General rule (1) For the purposes of this Act, the overall levy target amount for an eligible levy period (other than the first eligible levy period) is the sum of: (a) the total amount paid by the Secretary on behalf of the Commonwealth during the period under contracts made under section 14; and (b) the total amount paid by the Secretary on behalf of the Commonwealth during the period by way of grants made under section 14; and (c) the total amount of the eligible administrative costs of the Commonwealth incurred during the period; reduced by the total of the amounts appropriated by Appropriation Acts for the purposes of: (d) making payments under section 14 contracts during the period; and (e) making section 14 grants during the period; and (f) the eligible administrative costs of the Commonwealth in relation to the period. Note 1: The first eligible levy period is the 2014‑15 financial year (see section 5). Note 2: See also subsections 61(3) and (4) (set‑off). First eligible levy period (2) For the purposes of this Act, the overall levy target amount for the first eligible levy period is the amount that would have been the overall levy target amount (within the meaning of section 88 of the repealed Telecommunications Universal Service Management Agency Act 2012) for the eligible levy period (within the meaning of that section) that began on 1 July 2014 if the 2014‑15 financial year were treated as an eligible levy period for the purposes of that section. 42 Statement of overall levy target amount Overall levy target amount (1) After the end of an eligible levy period, the Secretary must prepare a written statement setting out the overall levy target amount for the period. Components of overall levy target amount—general rule (2) After the end of an eligible levy period (other than the first eligible levy period), the Secretary must prepare a written statement setting out the total amount paid by the Secretary on behalf of the Commonwealth during the period under contracts made under section 14. Note 1: The first eligible levy period is the 2014‑15 financial year (see section 5). Note 2: See also subsection 61(3) (set‑off). (3) After the end of an eligible levy period (other than the first eligible levy period), the Secretary must prepare a written statement setting out the total amount paid by the Secretary on behalf of the Commonwealth during the period by way of grants made under section 14. Note 1: The first eligible levy period is the 2014‑15 financial year (see section 5). Note 2: See also subsection 61(4) (set‑off). (4) After the end of an eligible levy period (other than the first eligible levy period), the Secretary must prepare a written statement setting out: (a) the total amount of the eligible administrative costs of the Commonwealth incurred during the period; and (b) a breakdown of the amount referred to in paragraph (a) into categories specified in the regulations. Note: The first eligible levy period is the 2014‑15 financial year (see section 5). Components of overall levy target amount—first eligible levy period (5) After the end of the first eligible levy period, the Secretary must prepare a written statement setting out the total amount paid by the Telecommunications Universal Service Management Agency on behalf of the Commonwealth during the period under contracts made under section 13 of the repealed Telecommunications Universal Service Management Agency Act 2012. Note: The first eligible levy period is the 2014‑15 financial year (see section 5). (6) After the end of the first eligible levy period, the Secretary must prepare a written statement setting out the total amount paid by the Telecommunications Universal Service Management Agency on behalf of the Commonwealth during the period by way of grants made under section 13 of the repealed Telecommunications Universal Service Management Agency Act 2012. Note: The first eligible levy period is the 2014‑15 financial year (see section 5). (7) After the end of the first eligible levy period, the Secretary must prepare a written statement setting out: (a) the total amount of the Telecommunications Universal Service Management Agency's administrative costs (within the meaning of the repealed Telecommunications Universal Service Management Agency Act 2012) incurred during the period; and (b) a breakdown of the amount referred to in paragraph (a) into categories specified in the regulations. Note: The first eligible levy period is the 2014‑15 financial year (see section 5). Timing (8) The Secretary must take all reasonable steps to ensure that a statement under this section is prepared within 4 months after the end of the eligible levy period to which the statement relates. Other matters (9) The Secretary must give a copy of a statement under this section to the ACMA. (10) As soon as practicable after the Secretary gives