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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Legislation
Amendment (Deregulation) Bill 2014
No. , 2014
(Communications)
A Bill for an Act to amend legislation relating to
telecommunications, and for other purposes
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Public interest telecommunications services
3
Part 1--Amendments commencing on the day after Royal
Assent
3
Telecommunications Universal Service Management Agency Act 2012
3
Part 2--Repeals
4
Telecommunications (Universal Service Levy) Act 1997
4
Telecommunications Universal Service Management Agency Act 2012
4
Part 3--General amendments
5
Australian Communications and Media Authority Act 2005
5
Competition and Consumer Act 2010
5
Criminal Code Act 1995
6
Sea Installations Act 1987
6
Telecommunications Act 1997
6
Telecommunications (Consumer Protection and Service Standards)
Act 1999
13
Part 4--Application and transitional provisions
65
Division 1--Preliminary
65
Division 2--Abolition of TUSMA
65
Division 3--Investigations and enforcement
68
Division 4--Industry levy
69
Division 5--Information management
71
Division 6--ACCC's reporting obligations
75
Division 7--Miscellaneous
75
Schedule 2--Telephone sex services
77
Australian Communications and Media Authority Act 2005
77
Export Market Development Grants Act 1997
77
ii
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Telecommunications (Consumer Protection and Service Standards)
Act 1999
78
Schedule 3--Do Not Call Register
79
Do Not Call Register Act 2006
79
Schedule 4--E-marketing
80
Telecommunications Act 1997
80
Schedule 5--Record-keeping requirements
83
Australian Communications and Media Authority Act 2005
83
Telecommunications Act 1997
83
Schedule 6--Pre-selection
84
Telecommunications Act 1997
84
Schedule 7--Telecommunications Industry Ombudsman
93
Telecommunications (Consumer Protection and Service Standards)
Act 1999
93
Schedule 8--Customer service guarantee
95
Telecommunications (Consumer Protection and Service Standards)
Act 1999
95
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
1
A Bill for an Act to amend legislation relating to
1
telecommunications, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telecommunications Legislation
5
Amendment (Deregulation) Act 2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
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.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Parts 2, 3 and 4
The later of:
(a) immediately after the commencement of
Part 8 of Schedule 2 to the Omnibus
Repeal Day (Autumn 2014) Act 2014;
and
(b) the start of 1 July 2015.
4. Schedule 2
The day after this Act receives the Royal
Assent.
5. Schedule 3
The 14th day after this Act receives the
Royal Assent.
6. Schedules 4 to
8
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Public interest telecommunications services Schedule 1
Amendments commencing on the day after Royal Assent Part 1
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
3
Schedule 1
--Public interest
1
telecommunications services
2
Part 1
--Amendments commencing on the day after
3
Royal Assent
4
Telecommunications Universal Service Management Agency
5
Act 2012
6
1 Section 89
7
Repeal the section.
8
Schedule 1 Public interest telecommunications services
Part 2 Repeals
4
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Part 2
--Repeals
1
Telecommunications (Universal Service Levy) Act 1997
2
2 The whole of the Act
3
Repeal the Act.
4
Telecommunications Universal Service Management Agency
5
Act 2012
6
3 The whole of the Act
7
Repeal the Act.
8
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
5
Part 3
--General amendments
1
Australian Communications and Media Authority Act 2005
2
4 Section 3 (subparagraph (b)(vi) of the definition of
3
authorised disclosure information)
4
Repeal the subparagraph.
5
5 Subparagraph 8(1)(j)(va)
6
Repeal the subparagraph.
7
6 Paragraph 59D(1)(na)
8
Repeal the paragraph, substitute:
9
(na) the Secretary of the Department administered by the Minister
10
administering Part 2 of the Telecommunications (Consumer
11
Protection and Service Standards) Act 1999 or an APS
12
employee in that Department whose duties relate to that Part;
13
Competition and Consumer Act 2010
14
7 Paragraph 151CM(1)(b)
15
Omit "Telstra); and", substitute "Telstra).".
16
8 Paragraph 151CM(1)(c)
17
Repeal the paragraph.
18
9 Subsection 151CM(5) (definition of universal service
19
provider)
20
Repeal the definition.
21
10 Paragraph 155AAA(12)(ka)
22
Repeal the paragraph.
23
Schedule 1 Public interest telecommunications services
Part 3 General amendments
6
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Criminal Code Act 1995
1
11 Section 473.1 of the Criminal Code (definition of National
2
Relay Service)
3
Omit "Telecommunications Universal Service Management Agency Act
4
2012", substitute "Telecommunications (Consumer Protection and
5
Service Standards) Act 1999".
6
12 Section 473.1 of the Criminal Code (subparagraphs (a)(i)
7
and (b)(i) of the definition of NRS provider)
8
Omit "Telecommunications Universal Service Management Agency Act
9
2012", substitute "Telecommunications (Consumer Protection and
10
Service Standards) Act 1999".
11
Sea Installations Act 1987
12
13 Schedule
13
Omit "Telecommunications Universal Service Management Agency Act
14
2012".
15
Telecommunications Act 1997
16
14 Section 7 (paragraph (baa) of the definition of ACMA
's
17
telecommunications powers)
18
Repeal the paragraph.
19
15 Section 7 (definition of TUSMA)
20
Repeal the definition.
21
16 Section 7 (definition of universal service levy)
22
Repeal the definition.
23
17 Section 7 (definition of universal service provider)
24
Repeal the definition.
25
18 Subsection 57(2) (definition of this Act)
26
Repeal the definition, substitute:
27
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
7
this Act includes the Telecommunications (Consumer Protection
1
and Service Standards) Act 1999 and regulations under that Act.
2
19 Paragraphs 58(2)(a) and (b)
3
Omit ", (2)".
4
20 Subsection 58(4)
5
Repeal the subsection.
6
21 Paragraph 58(5)(a)
7
Omit ", (2)".
8
22 Subsection 67(3) (definition of this Act)
9
Repeal the definition, substitute:
10
this Act includes the Telecommunications (Consumer Protection
11
and Service Standards) Act 1999 and regulations under that Act.
12
23 Subsection 72(2)
13
Repeal the subsection.
14
24 Subsection 78(2) (definition of this Act)
15
Repeal the definition, substitute:
16
this Act includes the Telecommunications (Consumer Protection
17
and Service Standards) Act 1999 and regulations under that Act.
18
25 Subsection 81(5) (definition of this Act)
19
Repeal the definition, substitute:
20
this Act includes the Telecommunications (Consumer Protection
21
and Service Standards) Act 1999 and regulations under that Act.
22
26 Subsection 81A(3) (definition of this Act)
23
Repeal the definition, substitute:
24
Schedule 1 Public interest telecommunications services
Part 3 General amendments
8
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
this Act includes the Telecommunications (Consumer Protection
1
and Service Standards) Act 1999 and regulations under that Act.
2
27 Subsection 83(8) (definition of this Act)
3
Repeal the definition, substitute:
4
this Act includes the Telecommunications (Consumer Protection
5
and Service Standards) Act 1999 and regulations under that Act.
6
28 Paragraphs 105(3)(eb) and (ec)
7
Repeal the paragraphs.
8
29 Section 284 (heading)
9
Repeal the heading, substitute:
10
284 Assisting the ACMA, the ACCC or the Telecommunications
11
Industry Ombudsman
12
30 Subsection 284(4)
13
Repeal the subsection.
14
31 Section 299 (heading)
15
Repeal the heading, substitute:
16
299 Assisting the ACMA, the ACCC or the Telecommunications
17
Industry Ombudsman
18
32 Subsection 299(4)
19
Repeal the subsection (not including the note).
20
33 Section 299 (note)
21
Repeal the note, substitute:
22
Note:
Section 284 deals with the disclosure or use of information or
23
documents to assist the ACMA, the ACCC or the
24
Telecommunications Industry Ombudsman.
25
34 Subsection 492(5) (paragraph (aa) of the definition of this
26
Act)
27
Repeal the paragraph.
28
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
9
35 Subsection 502(5) (paragraph (aa) of the definition of this
1
Act)
2
Repeal the paragraph.
3
36 Paragraph 508(aaa)
4
Repeal the paragraph.
5
37 Paragraph 510(1)(aaa)
6
Repeal the paragraph.
7
38 Subsection 512(7)
8
Repeal the subsection.
9
39 Subsection 513(3)
10
Repeal the subsection.
11
40 Subsection 551(3) (definition of this Act)
12
Repeal the definition, substitute:
13
this Act includes the Telecommunications (Consumer Protection
14
and Service Standards) Act 1999 and regulations under that Act.
15
41 Section 563
16
Omit:
17
•
The Federal Court may grant injunctions in relation to
18
contraventions of:
19
(a)
this Act; or
20
(b)
the Telecommunications (Consumer Protection and
21
Service Standards) Act 1999; or
22
(c)
regulations under that Act; or
23
(d)
Part 6 of the Telecommunications Universal Service
24
Management Agency Act 2012.
25
substitute:
26
•
The Federal Court may grant injunctions in relation to
27
contraventions of:
28
Schedule 1 Public interest telecommunications services
Part 3 General amendments
10
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
(a)
this Act; or
1
(b)
the Telecommunications (Consumer Protection and
2
Service Standards) Act 1999; or
3
(c)
regulations under that Act.
4
42 Subsection 564(4) (definition of this Act)
5
Repeal the definition, substitute:
6
this Act includes the Telecommunications (Consumer Protection
7
and Service Standards) Act 1999 and regulations under that Act.
8
43 Subsection 570(7) (definition of this Act)
9
Repeal the definition, substitute:
10
this Act includes the Telecommunications (Consumer Protection
11
and Service Standards) Act 1999 and regulations under that Act.
12
44 Subsection 572B(6) (paragraph (aa) of the definition of
13
this Act)
14
Repeal the paragraph.
15
45 Subsection 572E(9) (paragraph (aa) of the definition of this
16
Act)
17
Repeal the paragraph.
18
46 Section 574A (paragraph (aa) of the definition of this Act)
19
Repeal the paragraph.
20
47 Section 582
21
Omit ", regulations under the Telecommunications (Consumer
22
Protection and Service Standards) Act 1999 and the
23
Telecommunications Universal Service Management Agency Act 2012"
24
(first occurring), substitute "and regulations under the
25
Telecommunications (Consumer Protection and Service Standards) Act
26
1999".
27
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
11
48 Section 582
1
Omit ", the Telecommunications (Consumer Protection and Service
2
Standards) Act 1999 or the Telecommunications Universal Service
3
Management Agency Act 2012", substitute "or the Telecommunications
4
(Consumer Protection and Service Standards) Act 1999".
5
49 Section 582
6
Omit ", regulations under the Telecommunications (Consumer
7
Protection and Service Standards) Act 1999 and the
8
Telecommunications Universal Service Management Agency Act 2012"
9
(last occurring), substitute "and regulations under the
10
Telecommunications (Consumer Protection and Service Standards) Act
11
1999".
12
50 Subsection 583(3) (definition of this Act)
13
Repeal the definition, substitute:
14
this Act includes the Telecommunications (Consumer Protection
15
and Service Standards) Act 1999 and regulations under that Act.
16
51 Subsection 585(2) (paragraph (aa) of the definition of this
17
Act)
18
Repeal the paragraph.
19
52 Subsection 586(2) (paragraph (aa) of the definition of this
20
Act)
21
Repeal the paragraph.
22
53 Subsection 587(4) (paragraph (aa) of the definition of this
23
Act)
24
Repeal the paragraph.
25
54 Subsection 588(4) (definition of this Act)
26
Repeal the definition, substitute:
27
Schedule 1 Public interest telecommunications services
Part 3 General amendments
12
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
this Act includes the Telecommunications (Consumer Protection
1
and Service Standards) Act 1999 and regulations under that Act.
2
55 Subsection 589(6) (paragraph (aa) of the definition of this
3
Act)
4
Repeal the paragraph.
5
56 Subsection 592(2) (paragraph (aa) of the definition of this
6
Act)
7
Repeal the paragraph.
8
57 Subclause 1(2) of Schedule 1 (definition of this Act)
9
Omit ", Part 6 of the Telecommunications Universal Service
10
Management Agency Act 2012".
11
58 Subclause 1(2) of Schedule 2 (definition of this Act)
12
Omit ", Part 6 of the Telecommunications Universal Service
13
Management Agency Act 2012".
14
59 Subparagraphs 27(5)(e)(ii) and (iii) of Schedule 3
15
Repeal the subparagraphs, substitute:
16
(ii) the compliance by the applicant with the obligations
17
under a contract entered into under section 14 of the
18
Telecommunications (Consumer Protection and Service
19
Standards) Act 1999 for a purpose relating to the
20
achievement of a policy objective set out in
21
paragraph 13(1)(a) or (b) of that Act; or
22
(iii) the compliance by the applicant with the terms and
23
conditions of a grant made under section 14 of the
24
Telecommunications (Consumer Protection and Service
25
Standards) Act 1999 for a purpose relating to the
26
achievement of a policy objective set out in
27
paragraph 13(1)(a) or (b) of that Act;
28
60 Paragraph 1(ja) of Schedule 4
29
Repeal the paragraph, substitute:
30
(ja) a decision of a kind referred to in subsection 70(3) (which
31
deals with remission of late payment penalty) of the
32
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
13
Telecommunications (Consumer Protection and Service
1
Standards) Act 1999;
2
61 Paragraph 1(jc) of Schedule 4
3
Repeal the paragraph.
4
Telecommunications (Consumer Protection and Service
5
Standards) Act 1999
6
62 Section 4
7
Omit:
8
•
The universal service regime established by this Act is to be
9
phased out and replaced by alternative contractual
10
arrangements under the Telecommunications Universal
11
Service Management Agency Act 2012.
12
substitute:
13
•
The universal service regime established by this Act is to be
14
phased out and replaced by alternative contractual
15
arrangements.
16
•
The Secretary is responsible for entering into contracts, and
17
making grants, to support the provision of public interest
18
telecommunications services.
19
•
Public interest telecommunication services include:
20
(a)
standard telephone services; and
21
(b)
payphones; and
22
(c)
emergency call services; and
23
(d)
the National Relay Service.
24
•
The ACMA will assess and collect the levy imposed on
25
carriers by the Telecommunications (Industry Levy) Act 2012.
26
•
The proceeds of the levy will be used to:
27
(a)
pay contractors and grant recipients; and
28
(b)
pay eligible administrative costs.
29
Schedule 1 Public interest telecommunications services
Part 3 General amendments
14
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
63 Subsection 5(2) (definition of alternative
1
telecommunications services)
2
Repeal the definition.
3
64 Subsection 5(2)
4
Insert:
5
Appropriation Act means an Act appropriating money for
6
expenditure out of the Consolidated Revenue Fund in relation to a
7
particular financial year.
8
65 Subsection 5(2) (definition of claim period)
9
Repeal the definition.
10
66 Subsection 5(2)
11
Insert:
12
contractor has the meaning given by section 14.
13
data call has the meaning generally accepted within the
14
telecommunications industry.
15
67 Subsection 5(2)
16
Repeal the following definitions:
17
(a) definition of default arrangements;
18
(b) definition of designated STS area.
19
68 Subsection 5(2)
20
Insert:
21
eligible administrative costs of the Commonwealth means:
22
(a) remuneration, and other employment-related costs and
23
expenses, in respect of APS employees whose duties relate to
24
the performance of the Secretary's functions, or the exercise
25
of the Secretary's powers, under Division 3 of Part 2; or
26
(b) any other costs, expenses and other obligations incurred by
27
the Commonwealth in connection with the performance of
28
the Secretary's functions, or the exercise of the Secretary's
29
powers, under Division 3 of Part 2;
30
but does not include:
31
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
15
(c) amounts incurred under contracts made under section 14; and
1
(d) amounts incurred by way of grants made under section 14.
2
eligible levy period means:
3
(a) the 2014-15 financial year; or
4
(b) a later financial year.
5
69 Subsection 5(2) (definition of eligible revenue)
6
Repeal the definition, substitute:
7
eligible revenue for an eligible levy period has the meaning given
8
by section 45.
9
70 Subsection 5(2) (definition of eligible revenue period)
10
Repeal the definition, substitute:
11
eligible revenue period means:
12
(a) the 2013-14 financial year; or
13
(b) a later financial year.
14
71 Subsection 5(2)
15
Insert:
16
eligible revenue return means a return under section 43.
17
engage in conduct means:
18
(a) do an act; or
19
(b) omit to perform an act.
20
grant recipient has the meaning given by section 14.
21
72 Subsection 5(2) (definition of levy)
22
Repeal the definition, substitute:
23
levy means levy imposed by section 4C of the Telecommunications
24
(Industry Levy) Act 2012.
25
73 Subsection 5(2)
26
Insert:
27
levy amount has the meaning given by section 50.
28
Schedule 1 Public interest telecommunications services
Part 3 General amendments
16
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
74 Subsection 5(2) (definition of levy contribution factor)
1
Repeal the definition, substitute:
2
levy contribution factor has the meaning given by section 49.
3
75 Subsection 5(2)
4
Repeal the following definitions:
5
(a) definition of levy credit;
6
(b) definition of levy debit.
7
76 Subsection 5(2)
8
Insert:
9
national broadband network has the same meaning as in the
10
National Broadband Network Companies Act 2011.
11
National Relay Service means a service that provides persons who:
12
(a) are deaf; or
13
(b) have a hearing and/or speech impairment;
14
with access to a standard telephone service on terms, and in
15
circumstances, that are comparable to those on which other
16
Australians have access to a standard telephone service.
17
overall levy target amount has the meaning given by section 41.
18
77 Subsection 5(2) (definition of participating person)
19
Repeal the definition, substitute:
20
participating person for an eligible revenue period has the
21
meaning given by section 44.
22
78 Subsection 5(2)
23
Insert:
24
Public Interest Telecommunications Services Special Account
25
means the Public Interest Telecommunications Services Special
26
Account established by section 37.
27
Secretary means the Secretary of the Department.
28
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
17
79 Subsection 5(2) (definition of service area)
1
Repeal the definition.
2
80 Subsection 5(2)
3
Insert:
4
SMS relay service means a service that allows users of the
5
National Relay Service to communicate using SMS.
6
Note:
SMS is short for short message service.
7
81 Subsection 5(2)
8
Repeal the following definitions:
9
(a) definition of universal service area;
10
(b) definition of universal service charge;
11
(c) definition of universal service contractor;
12
(d) definition of universal service grant recipient.
13
82 Subsection 5(2) (definition of universal service provider)
14
Repeal the definition, substitute:
15
universal service provider means a primary universal service
16
provider.
17
83 Subsection 5(2) (definition of universal service subsidy)
18
Repeal the definition.
19
84 Subsection 5(2)
20
Insert:
21
video relay service means a service that allows persons who:
22
(a) are deaf: or
23
(b) have a hearing and/or speech impairment;
24
to communicate with other persons using video as well as voice.
25
85 Paragraph 6(4)(a)
26
Omit "universal service contractors or universal service grant
27
recipients", substitute "contractors or grant recipients".
28
Schedule 1 Public interest telecommunications services
Part 3 General amendments
18
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
86 Subsection 6(6) (definition of this Act)
1
Repeal the definition, substitute:
2
this Act includes the Telecommunications Act 1997.
3
87 Section 6A
4
Repeal the section.
5
88 Part 2 (heading)
6
Repeal the heading, substitute:
7
Part 2--Public interest telecommunications services
8
89 Section 8
9
Repeal the section, substitute:
10
8 Simplified outline of this Part
11
•
This Part establishes a universal service regime.
12
•
The main object of the universal service regime is to ensure
13
that all people in Australia, wherever they reside or carry on
14
business, should have reasonable access, on an equitable basis,
15
to:
16
(a)
standard telephone services; and
17
(b)
payphones.
18
•
The universal service regime is to be phased out and replaced
19
by alternative contractual arrangements.
20
•
The Secretary is responsible for entering into contracts, and
21
making grants, to support the provision of public interest
22
telecommunications services.
23
•
Public interest telecommunication services include:
24
(a)
standard telephone services; and
25
(b)
payphones; and
26
(c)
emergency call services; and
27
(d)
the National Relay Service.
28
Public interest telecommunications services Schedule 1
General amendments Part 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
19
•
The Secretary will monitor the performance of contractors and
1
grant recipients.
2
•
The ACMA will assess and collect the levy imposed on
3
carriers by the Telecommunications (Industry Levy) Act 2012.
4
•
The proceeds of the levy will be used to:
5
(a)
pay contractors and grant recipients; and
6
(b)
pay eligible administrative costs.
7
90 Sections 8A, 8B, 8C, 8D, 8E, 8F, 8G and 8H
8
Repeal the sections.
9
91 Sections 8J and 8K
10
Repeal the sections, substitute:
11
8J Declaration about alternative contractual arrangements relating
12
to standard telephone services
13
Initial declaration
14
(1) During the period of 24 months that began at the commencement
15
of this section, the Minister must make either of the following
16
declarations:
17
(a) a declaration that, in his or her opinion, there are satisfactory
18
alternative contractual arrangements relating to standard
19
telephone services;
20
(b) a declaration that the 24-month period starting immediately
21
after the declaration is made is the declaration deferral
22
period for the purposes of this section.
23
(2) If:
24
(a) a declaration is made under paragraph (1)(a) or (b); and
25
(b) the declaration is not in force as at the later of the following
26
times:
27
(i) the end of the period of 26 months that began at the
28
commencement of this section;
29
(ii) the start of the day immediately after the last day on
30
which a resolution referred to in subsection 42(1) of the
31
Schedule 1 Public interest telecommunications services
Part 3 General amendments
20
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Legislative Instruments Act 2003 disallowing the
1
declaration could be passed;
2
the 24-month period starting immediately after the declaration was
3
made is the declaration deferral period for the purposes of this
4
section.
5
Subsequent declarations
6
(3) Before the end of the declaration deferral period, the Minister must
7
make either of the following declarations:
8
(a) a declaration that, in his or her opinion, there are satisfactory
9
alternative contractual arrangements relating to standard
10
telephone services;
11
(b) a declaration that, in his or her opinion, there are not
12
satisfactory alternative contractual arrangements relating to
13
standard telephone services.
14
Criteria for making declaration
15
(4) The Minister must not make a declaration under paragraph (1)(a)
16
or (3)(a) unless:
17
(a) Telstra has entered into a contract under section 14; and
18
(b) the contract was entered into for a purpose relating to the
19
achievement of the policy objective set out in
20
paragraph 13(1)(a); and
21
(c) the contract is in force; and
22
(d) neither party to the contract has given notice of termination
23
of the contract; and
24
(e) the Minister is satisfied that Telstra is likely to substantially
25
comply with the contract, having regard to:
26
(i) Telstra's record of compliance with its obligations
27
under the contract; and
28
(ii) the nature of Telstra's obligations under the contract;
29
and
30
(iii) Telstra's record of compliance with its obligations
31
under this Part, to the extent that the obligations relate
32
to the service obligation mentioned in
33
paragraph 9(1)(a); and
34
(iv) Telstra's record of compliance with its obligations
35
under Part 5; and
36
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(v) such other matters (if any) as the Minister considers
1
relevant; and
2
(f) the Minister has obtained advice from:
3
(i) the ACMA; and
4
(ii) the Secretary;
5
about the making of the declaration.
6
(5) Subparagraphs (4)(e)(iii) and (iv) do not apply to an act, omission,
7
matter or thing that occurs before the commencement of this
8
section.
9
(6) Subsection (4) does not limit the matters to which the Minister may
10
have regard in making a declaration under this section.
11
Declarations
12
(7) A declaration under this section cannot be varied or revoked.
13
(8) A declaration under this section is a legislative instrument.
14
8K Declaration about alternative contractual arrangements relating
15
to payphones
16
Initial declaration
17
(1) During the period of 24 months that began at the commencement
18
of this section, the Minister must make either of the following
19
declarations:
20
(a) a declaration that, in his or her opinion, there are satisfactory
21
alternative contractual arrangements relating to payphones;
22
(b) a declaration that the 24-month period starting immediately
23
after the declaration is made is the declaration deferral
24
period for the purposes of this section.
25
(2) If:
26
(a) a declaration is made under paragraph (1)(a) or (b); and
27
(b) the declaration is not in force as at the later of the following
28
times:
29
(i) the end of the period of 26 months that began at the
30
commencement of this section;
31
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(ii) the start of the day immediately after the last day on
1
which a resolution referred to in subsection 42(1) of the
2
Legislative Instruments Act 2003 disallowing the
3
declaration could be passed;
4
the 24-month period starting immediately after the declaration was
5
made is the declaration deferral period for the purposes of this
6
section.
7
Subsequent declarations
8
(3) Before the end of the declaration deferral period, the Minister must
9
make either of the following declarations:
10
(a) a declaration that, in his or her opinion, there are satisfactory
11
alternative contractual arrangements relating to payphones;
12
(b) a declaration that, in his or her opinion, there are not
13
satisfactory alternative contractual arrangements relating to
14
payphones.
15
Criteria for making declaration
16
(4) The Minister must not make a declaration under paragraph (1)(a)
17
or (3)(a) unless:
18
(a) Telstra has entered into a contract under section 14; and
19
(b) the contract was entered into for a purpose relating to the
20
achievement of the policy objective set out in
21
paragraph 13(1)(b); and
22
(c) the contract is in force; and
23
(d) neither party to the contract has given notice of termination
24
of the contract; and
25
(e) the Minister is satisfied that Telstra is likely to substantially
26
comply with the contract, having regard to:
27
(i) Telstra's record of compliance with its obligations
28
under the contract; and
29
(ii) the nature of Telstra's obligations under the contract;
30
and
31
(iii) Telstra's record of compliance with its obligations
32
under this Part, to the extent that the obligations relate
33
to the service obligation mentioned in
34
paragraph 9(1)(b); and
35
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(iv) such other matters (if any) as the Minister considers
1
relevant; and
2
(f) the Minister has obtained advice from:
3
(i) the ACMA; and
4
(ii) the Secretary;
5
about the making of the declaration.
6
(5) Subparagraph (4)(e)(iii) does not apply to an act, omission, matter
7
or thing that occurs before the commencement of this section.
8
(6) Subsection (4) does not limit the matters to which the Minister may
9
have regard in making a declaration under this section.
10
Declarations
11
(7) A declaration under this section cannot be varied or revoked.
12
(8) A declaration under this section is a legislative instrument.
13
92 Paragraph 9(1)(a)
14
Omit "(other than people in designated STS areas)".
15
93 Subsection 9(2)
16
Omit "(other than people in designated STS areas)".
17
94 After subsection 9(2A)
18
Insert:
19
(2AAA) If:
20
(a) the Minister makes a declaration under section 8J that, in the
21
Minister's opinion, there are satisfactory alternative
22
contractual arrangements relating to standard telephone
23
services; and
24
(b) neither House of the Parliament passes a resolution under
25
section 42 of the Legislative Instruments Act 2003
26
disallowing the declaration;
27
an obligation does not arise under paragraph (1)(a) or
28
subsection (2) of this section after the last day on which such a
29
resolution could have been passed by a House of the Parliament.
30
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95 At the end of section 9E
1
Add:
2
(3) For the purposes of this section, supply, in relation to customer
3
equipment or other goods, includes supply by way of hire.
4
(4) For the purposes of this section, disability has the same meaning as
5
in the Disability Discrimination Act 1992.
6
96 Subdivision B of Division 2 of Part 2
7
Repeal the Subdivision.
8
97 Division 4 of Part 2
9
Repeal the Division.
10
98 Division 5 of Part 2 (heading)
11
Repeal the heading.
12
99 Subdivision A of Division 5 of Part 2
13
Repeal the Subdivision.
14
100 Subdivision B of Division 5 of Part 2 (heading)
15
Repeal the heading.
16
101 Before section 12A
17
Insert:
18
Subdivision B--Primary universal service provider
19
102 Subsection 12A(1)
20
Omit "for a universal service area".
21
103 Paragraph 12A(2)(a)
22
Omit "for the same universal service area".
23
104 Paragraph 12A(2)(b)
24
Omit "for one or more universal service areas".
25
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105 Subsection 12A(3)
1
Omit ", for each universal service area".
2
106 Section 12A (note)
3
Omit "or 12E".
4
107 Section 12A (note)
5
Omit "subsections 12D(2) and 12E(6)", substitute "subsection 12D(2)".
6
108 Subsection 12B(1)
7
Omit "That day must not be before the day on which notice of the
8
determination is published in the Gazette.".
9
109 Subsection 12B(3)
10
Omit "That day must not be before notice of the instrument is published
11
in the Gazette.".
12
110 Subsection 12B(5)
13
Repeal the subsection.
14
111 Section 12C
15
Omit "for a universal service area".
16
112 Section 12C
17
Omit ", so far as it relates to that area".
18
113 Section 12D
19
Repeal the section, substitute:
20
12D Transitional: when Telstra is taken to be a primary universal
21
service provider
22
Until a determination of a primary universal service provider under
23
section 12A takes effect for the first time in respect of a service
24
obligation, the Minister is taken to have made a determination
25
under section 12A that Telstra is the primary universal service
26
provider in respect of that service obligation.
27
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114 Sections 12E and 12EA
1
Repeal the sections, substitute:
2
12E Former universal service provider may be required to provide
3
information to current universal service provider
4
Scope
5
(1) This section applies if:
6
(a) the Minister determines under section 12A that a carrier or
7
carriage service provider (the current provider) is the
8
primary universal service provider in respect of a service
9
obligation; and
10
(b) another person, who is or was a universal service provider in
11
respect of the obligation, is determined to be a former
12
provider under subsection (4).
13
(2) This section also applies if:
14
(a) either:
15
(i) the Minister revokes or varies a determination under
16
section 12A so that a person (the former provider)
17
ceases to be a universal service provider in respect of a
18
service obligation; or
19
(ii) a person (the former provider) otherwise ceases to be a
20
universal service provider in respect of a service
21
obligation; and
22
(b) another person (the current provider), who was also a
23
universal service provider in respect of the service obligation,
24
continues to be a universal service provider in respect of that
25
obligation:
26
(i) if subparagraph (a)(i) applies--after the revocation or
27
variation; or
28
(ii) if subparagraph (a)(ii) applies--after the cessation.
29
(3) Subsections (1) and (2) can apply before the determination,
30
revocation or variation under section 12A takes effect.
31
Former provider
32
(4) The Minister may determine in writing that a person is a former
33
provider for the purposes of this section.
34
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Requirement to give information
1
(5) The current provider may, by written notice given to the former
2
provider, require the former provider to give to the current provider
3
specified information of the kind referred to in subsection (6). A
4
notice of this kind cannot be given more than 6 months after:
5
(a) if subsection (1) applies--the later of the following days:
6
(i) the day on which the current provider became a
7
universal service provider;
8
(ii) the day on which the determination under section 12A
9
was made in respect of the current provider; or
10
(b) if subsection (2) applies--the day on which the former
11
provider ceases to be a universal service provider.
12
(6) The information that may be required to be given must be
13
information that will assist the current provider in doing something
14
that the current provider is or will be required or permitted to do by
15
or under a provision of this Part. The notice must identify the doing
16
of that thing as the purpose for which the information is required.
17
Note 1:
If, for example, information about service location and customer
18
contact details will assist the current provider in fulfilling its
19
obligation under section 12C, the former provider may be required to
20
provide that kind of information.
21
Note 2:
See also subsection (8), which allows the Minister to determine that a
22
specified kind of information is information referred to in this
23
subsection.
24
(7) If a requirement made by a notice under subsection (5) is
25
reasonable, the former provider must comply with the requirement
26
as soon as practicable after receiving the notice. However, if the
27
requirement is unreasonable, the former provider does not have to
28
comply with it.
29
(8) The Minister may, by legislative instrument, make a determination
30
to the effect that, either generally or in a particular case,
31
information of a kind specified in the determination is taken to be
32
information that will assist a person in doing a specified thing that
33
the person is or will be required or permitted to do by or under a
34
provision of this Part.
35
(9) If a former provider has been given notice of a requirement under
36
subsection (5), the ACMA may, in writing, direct the former
37
provider to comply with the requirement or with specified aspects
38
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of the requirement. The former provider must comply with the
1
direction.
2
(10) In deciding whether to give a direction under subsection (9), the
3
ACMA must consider whether the requirement under
4
subsection (5) is reasonable.
5
115 Subdivision BA of Division 5 of Part 2 (heading)
6
Repeal the heading.
7
116 Before section 12EB
8
Insert:
9
Subdivision C--USO standards and rules
10
117 Section 12EB (heading)
11
Repeal the heading, substitute:
12
12EB Performance standards--standard telephone service
13
118 Subsection 12EB(6) (note)
14
Repeal the note.
15
119 Section 12EC (heading)
16
Repeal the heading, substitute:
17
12EC Performance benchmarks--standard telephone service
18
120 Subdivision BB of Division 5 of Part 2 (heading)
19
Repeal the heading.
20
121 Section 12ED (heading)
21
Repeal the heading, substitute:
22
12ED Performance standards--payphones
23
122 Section 12EE (heading)
24
Repeal the heading, substitute:
25
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12EE Performance benchmarks--payphones
1
123 Divisions 7 to 16 of Part 2
2
Repeal the Divisions, substitute:
3
Division 3--Public interest telecommunications service
4
contracts and grants
5
Subdivision A--Policy objectives
6
13 Policy objectives
7
(1) The policy objectives of this Division are:
8
(a) that standard telephone services are to:
9
(i) be reasonably accessible to all people in Australia on an
10
equitable basis, wherever they reside or carry on
11
business; and
12
(ii) be supplied to people in Australia on request; and
13
(b) that payphones are to:
14
(i) be reasonably accessible to all people in Australia on an
15
equitable basis, wherever they reside or carry on
16
business; and
17
(ii) be supplied, installed and maintained in Australia; and
18
(c) that end-users of standard telephone services in Australia are
19
to have access, free of charge, to an emergency call service;
20
and
21
(d) that the National Relay Service is to be reasonably accessible
22
to all persons in Australia who:
23
(i) are deaf; or
24
(ii) have a hearing and/or speech impairment;
25
wherever they reside or carry on business; and
26
(e) that there are to be such:
27
(i) customer information programs; and
28
(ii) customer cabling installation programs; and
29
(iii) carriage service development programs; and
30
(iv) other measures (if any) as are specified in the
31
regulations;
32
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as are necessary to support the continuity of supply of
1
carriage services during the transition to the national
2
broadband network; and
3
(f) that all persons in Australia outside a standard zone are to
4
have access to untimed voice calls on a basis that is
5
comparable to the access provided to persons in standard
6
zones for voice calls made:
7
(i) using a standard telephone service; or
8
(ii) using a payphone; and
9
(g) that all persons in Australia outside a standard zone are to
10
have access to untimed data calls on a basis that is
11
comparable to the access provided to persons in standard
12
zones for data calls made to an internet service provider
13
using a data network access number; and
14
(h) that an SMS relay service is reasonably accessible to all
15
persons in Australia who:
16
(i) are deaf; or
17
(ii) have a hearing and/or speech impairment; and
18
(i) that a video relay service is reasonably accessible to all
19
persons in Australia who communicate in Auslan; and
20
(j) that a software application is reasonably available to assist all
21
users of the National Relay Service in communication with
22
emergency call services; and
23
(k) the objectives (if any) specified in the regulations, where
24
those objectives relate to the supply of carriage services.
25
(2) For the purposes of paragraphs (1)(f) and (g), standard zone has
26
the meaning given by section 108.
27
Subdivision B--Contracts and grants
28
14 Contracts and grants
29
(1) The Secretary may, on behalf of the Commonwealth:
30
(a) enter into a contract; or
31
(b) make a grant of financial assistance;
32
for a purpose relating to the achievement of any or all of the policy
33
objectives of this Division.
34
Note 1:
For the policy objectives, see subsection 13(1).
35
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31
Note 2:
For transitional provisions, see section 22.
1
(2) For the purposes of this Act, if the Secretary enters into a contract
2
with a person under subsection (1), the person is a contractor.
3
(3) For the purposes of this Act, if the Secretary makes a grant of
4
financial assistance to a person under subsection (1), the person is a
5
grant recipient.
6
15 Terms and conditions of grants
7
Scope
8
(1) This section applies to a grant of financial assistance made under
9
section 14.
10
Terms and conditions
11
(2) The terms and conditions on which that financial assistance is
12
granted are to be set out in a written agreement between the
13
Commonwealth and the grant recipient.
14
(3) An agreement under subsection (2) is to be entered into by the
15
Secretary on behalf of the Commonwealth.
16
(4) Subsection (2) does not apply to a condition under section 16.
17
16 Condition about compliance with Ministerial determination
18
Condition
19
(1) It is a condition of:
20
(a) a contract entered into under section 14; or
21
(b) a grant made under section 14;
22
that the contractor or grant recipient, as the case may be, must
23
comply with a determination under subsection (2) in so far as the
24
determination applies to the contract or grant, as the case may be.
25
Determination
26
(2) The Minister may, by legislative instrument, make a determination
27
that sets out either or both of the following:
28
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(a) standards or rules that must be complied with by contractors
1
or grant recipients, as the case may be, in relation to contracts
2
entered into, or grants made, under section 14;
3
(b) minimum benchmarks that must be met or exceeded by
4
contractors or grant recipients, as the case may be, in relation
5
to contracts entered into, or grants made, under section 14.
6
Application of determinations
7
(3) A determination under subsection (2) may be of general
8
application or may be limited as provided in the determination.
9
(4) Subsection (3) does not, by implication, limit subsection 33(3A) of
10
the Acts Interpretation Act 1901.
11
Other terms and conditions
12
(5) This section does not, by implication, limit:
13
(a) the terms and conditions that may be included in a contract
14
entered into under section 14; or
15
(b) the terms and conditions that may be included in an
16
agreement under section 15.
17
Determination prevails over inconsistent contract or agreement
18
(6) A term or condition:
19
(a) of a contract entered into under section 14; or
20
(b) set out in an agreement under section 15;
21
has no effect to the extent to which it is inconsistent with a
22
determination under subsection (2) that applies to the contract or to
23
the grant to which the agreement relates, as the case may be.
24
(7) Despite subsection (6), a determination under subsection (2) has no
25
effect to the extent to which it overrides a term or condition:
26
(a) of a contract entered into under section 14; and
27
(b) that gives the contractor a right to adjustment of payment for
28
a change in the services, facilities or customer equipment to
29
be supplied by the contractor in accordance with the contract.
30
(8) Despite subsection (6), a determination under subsection (2) has no
31
effect to the extent to which it specifies the price, or a method of
32
ascertaining the price, for any of the services, facilities or customer
33
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33
equipment to be supplied by a contractor in accordance with a
1
section 14 contract.
2
(9) Despite subsection (6), a determination under subsection (2) has no
3
effect to the extent to which it overrides a term or condition:
4
(a) set out in an agreement under section 15; and
5
(b) that gives the grant recipient a right to adjustment of payment
6
for a change in the services, facilities or customer equipment
7
to be supplied by the grant recipient in accordance with the
8
terms and conditions of the grant.
9
(10) Despite subsection (6), a determination under subsection (2) has no
10
effect to the extent to which it specifies the price, or a method of
11
ascertaining the price, for any of the services, facilities or customer
12
equipment to be supplied by the grant recipient of a section 14
13
grant in accordance with the terms and conditions of the grant.
14
17 Exemption of designated transitional contracts from Ministerial
15
determination
16
If:
17
(a) a contract is in force as at the commencement of this section;
18
and
19
(b) the contract was entered into before 1 July 2012; and
20
(c) the contract was a designated transitional contract within the
21
meaning of the repealed Telecommunications Universal
22
Service Management Agency Act 2012;
23
the contract is exempt from a determination under subsection 16(2)
24
of this Act.
25
18 Secretary has powers etc. of the Commonwealth
26
(1) The Secretary, on behalf of the Commonwealth, has all the rights,
27
responsibilities, duties and powers of the Commonwealth in
28
relation to the Commonwealth's capacity as:
29
(a) a party to a contract entered into under section 14; or
30
(b) the grantor of a grant made under section 14.
31
(2) Without limiting subsection (1):
32
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(a) an amount payable by the Commonwealth under a section 14
1
contract is to be paid by the Secretary on behalf of the
2
Commonwealth; and
3
(b) an amount payable to the Commonwealth under a section 14
4
contract is to be paid to the Secretary on behalf of the
5
Commonwealth; and
6
(c) a section 14 grant is to be paid by the Secretary on behalf of
7
the Commonwealth; and
8
(d) an amount payable to the Commonwealth by way of the
9
repayment of the whole or a part of a section 14 grant is to be
10
paid to the Secretary on behalf of the Commonwealth; and
11
(e) the Secretary may institute an action or proceeding on behalf
12
of the Commonwealth in relation to a matter that concerns:
13
(i) a section 14 contract; or
14
(ii) a section 14 grant.
15
19 Conferral of powers on the Secretary
16
The Secretary may exercise a power conferred on the Secretary by:
17
(a) a contract entered into under section 14; or
18
(b) an agreement under section 14.
19
20 Monitoring of performance
20
(1) The Secretary must monitor, and report each financial year to the
21
Minister on, all significant matters relating to:
22
(a) the performance of contractors; and
23
(b) the performance of grant recipients.
24
(2) A report under subsection (1) for a financial year must set out
25
details of the following matters:
26
(a) the adequacy of each contractor's compliance, during that
27
year, with the terms and conditions of a section 14 contract;
28
(b) the adequacy of each grant recipient's compliance, during
29
that year, with the terms and conditions of a section 14 grant;
30
(c) any notice of breach by a contractor of a section 14 contract,
31
where the notice was given during that year;
32
(d) any notice of breach by a grant recipient of a term or
33
condition of a section 14 grant, where the notice was given
34
during that year;
35
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35
(e) any remedial action taken by the Secretary during that year in
1
response to a breach of a section 14 contract;
2
(f) any remedial action taken by the Secretary during that year in
3
response to a breach of the terms or conditions of a
4
section 14 grant;
5
(g) the result of any such remedial action.
6
(3) Subsection (2) does not limit subsection (1).
7
(4) A report under subsection (1) for a financial year must be included
8
in the annual report prepared by the Secretary and given to the
9
Minister under section 46 of the Public Governance, Performance
10
and Accountability Act 2013 for the financial year.
11
21 Executive power of the Commonwealth
12
This Division does not, by implication, limit the executive power
13
of the Commonwealth.
14
22 Transitional--pre-commencement contracts
15
(1) If:
16
(a) a contract is in force as at the commencement of this section;
17
and
18
(b) the contract was entered into before 1 July 2012; and
19
(c) under section 22, 23, 24, 25 or 26 of the repealed
20
Telecommunications Universal Service Management Agency
21
Act 2012, that Act had effect as if the contract had been
22
entered into under section 13 of that Act for a purpose
23
relating to the achievement of a particular policy objective;
24
this Act, and any other law of the Commonwealth, has effect as if
25
the contract had been entered into by the Secretary under
26
section 14 of this Act for a purpose relating to the achievement of
27
the corresponding policy objective.
28
(2) If:
29
(a) a contract is in force as at the commencement of this section;
30
and
31
(b) the contract was entered into on or after 1 July 2012; and
32
(c) the contract was entered into under section 13 of the repealed
33
Telecommunications Universal Service Management Agency
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Act 2012 for a purpose relating to the achievement of a
1
particular policy objective;
2
this Act, and any other law of the Commonwealth, has effect as if
3
the contract had been entered into by the Secretary under
4
section 14 of this Act for a purpose relating to the achievement of
5
the corresponding policy objective.
6
(3) For the purposes of this section, contract includes a part of a
7
contract.
8
Division 4--Disclosure of information
9
Subdivision A--Access to information or documents held by a
10
carriage service provider
11
23 Access to information or documents held by a carriage service
12
provider
13
Scope
14
(1) This section applies to a carriage service provider if the Secretary
15
believes on reasonable grounds that the carriage service provider
16
has information or a document that is relevant to the achievement
17
of the policy objective set out in paragraph 13(1)(e).
18
Requirement
19
(2) The Secretary may, by written notice given to the carriage service
20
provider, require the carriage service provider:
21
(a) to give to the Secretary, within the period and in the manner
22
and form specified in the notice, any such information; or
23
(b) to produce to the Secretary, within the period and in the
24
manner specified in the notice, any such documents; or
25
(c) to make copies of any such documents and to produce to the
26
Secretary, within the period and in the manner specified in
27
the notice, those copies.
28
(3) A period specified under subsection (2) must not be shorter than 14
29
days after the notice is given.
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Compliance
1
(4) A carriage service provider must comply with a requirement under
2
subsection (2) to the extent that the carriage service provider is
3
capable of doing so.
4
(5) A carriage service provider commits an offence if:
5
(a) the Secretary has given a notice to the carriage service
6
provider under subsection (2); and
7
(b) the carriage service provider engages in conduct; and
8
(c) the carriage service provider's conduct contravenes a
9
requirement in the notice.
10
Penalty for contravention of this subsection: 50 penalty units.
11
24 Copying documents--compensation
12
A carriage service provider is entitled to be paid by the
13
Commonwealth reasonable compensation for complying with a
14
requirement covered by paragraph 23(2)(c).
15
25 Copies of documents
16
(1) The Secretary may:
17
(a) inspect a document or copy produced under subsection 23(2);
18
and
19
(b) make and retain copies of, or take and retain extracts from,
20
such a document.
21
(2) The Secretary may retain possession of a copy of a document
22
produced in accordance with a requirement covered by
23
paragraph 23(2)(c).
24
26 Secretary may retain documents
25
(1) The Secretary may take, and retain for as long as is necessary,
26
possession of a document produced under subsection 23(2).
27
(2) The carriage service provider otherwise entitled to possession of
28
the document is entitled to be supplied, as soon as practicable, with
29
a copy certified by the Secretary to be a true copy.
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(3) The certified copy must be received in all courts and tribunals as
1
evidence as if it were the original.
2
(4) Until a certified copy is supplied, the Secretary must, at such times
3
and places as the Secretary thinks appropriate, permit the carriage
4
service provider otherwise entitled to possession of the document,
5
or a person authorised by that carriage service provider, to inspect
6
and make copies of, or take extracts from, the document.
7
27 Law relating to legal professional privilege not affected
8
This Subdivision does not affect the law relating to legal
9
professional privilege.
10
28 Disclosure of information
11
Scope
12
(1) This section applies to information that:
13
(a) was obtained by the Secretary under section 23; or
14
(b) is contained in a document, or a copy of a document, that was
15
produced to the Secretary under section 23.
16
Disclosure
17
(2) The Secretary may disclose the information to a carriage service
18
provider if the disclosure is for a purpose relating to the
19
achievement of the policy objective set out in paragraph 13(1)(e).
20
29 Consent to customer contact
21
Scope
22
(1) This section applies to a carriage service provider if:
23
(a) the Secretary believes on reasonable grounds that, if the
24
carriage service provider were to consent to another person
25
(the third person) contacting:
26
(i) the carriage service provider's customers; or
27
(ii) customers included in a particular class of the carriage
28
service provider's customers;
29
for a purpose relating to the achievement of the policy
30
objective set out in paragraph 13(1)(e), that consent would be
31
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likely to facilitate the achievement of the policy objective set
1
out in paragraph 13(1)(e); and
2
(b) the carriage service provider is not a contractor in relation to
3
a section 14 contract entered into for a purpose relating to the
4
achievement of the policy objective set out in
5
paragraph 13(1)(e); and
6
(c) the carriage service provider is not a grant recipient in
7
relation to a section 14 grant made for a purpose relating to
8
the achievement of the policy objective set out in
9
paragraph 13(1)(e).
10
Requirement
11
(2) The Secretary may, by written notice given to the carriage service
12
provider, require the carriage service provider:
13
(a) to consent to the third person contacting:
14
(i) if subparagraph (1)(a)(i) applies--the carriage service
15
provider's customers; or
16
(ii) if subparagraph (1)(a)(ii) applies--customers included
17
in a specified class of the carriage service provider's
18
customers;
19
for a purpose relating to the achievement of the policy
20
objective set out in paragraph 13(1)(e); and
21
(b) to do so within the period and in the manner specified in the
22
notice.
23
(3) A period specified under subsection (2) must not be shorter than 14
24
days after the notice is given.
25
Compliance
26
(4) A carriage service provider must comply with a requirement under
27
subsection (2).
28
(5) A carriage service provider commits an offence if:
29
(a) the Secretary has given a notice to the carriage service
30
provider under subsection (2); and
31
(b) the carriage service provider engages in conduct; and
32
(c) the carriage service provider's conduct contravenes a
33
requirement in the notice.
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Penalty for contravention of this subsection: 50 penalty units.
1
Subdivision B--Access to information or documents held by an
2
NBN corporation
3
30 Access to information or documents held by an NBN corporation
4
Scope
5
(1) This section applies to an NBN corporation if the Minister believes
6
on reasonable grounds that the NBN corporation has information
7
or a document that is relevant to the exercise of any of the
8
Secretary's powers under Division 3.
9
Requirement
10
(2) The Minister may, by written notice given to the NBN corporation,
11
require the NBN corporation:
12
(a) to give to the Secretary, within the period and in the manner
13
and form specified in the notice, any such information; or
14
(b) to produce to the Secretary, within the period and in the
15
manner specified in the notice, any such documents; or
16
(c) to make copies of any such documents and to produce to the
17
Secretary, within the period and in the manner specified in
18
the notice, those copies.
19
(3) A period specified under subsection (2) must not be shorter than 14
20
days after the notice is given.
21
Compliance
22
(4) An NBN corporation must comply with a requirement under
23
subsection (2) to the extent that the NBN corporation is capable of
24
doing so.
25
(5) An NBN corporation commits an offence if:
26
(a) the Minister has given a notice to the NBN corporation under
27
subsection (2); and
28
(b) the NBN corporation engages in conduct; and
29
(c) the NBN corporation's conduct contravenes a requirement in
30
the notice.
31
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Penalty for contravention of this subsection: 50 penalty units.
1
31 Copying documents--compensation
2
An NBN corporation is entitled to be paid by the Commonwealth
3
reasonable compensation for complying with a requirement
4
covered by paragraph 30(2)(c).
5
32 Copies of documents
6
(1) The Secretary may:
7
(a) inspect a document or copy produced under subsection 30(2);
8
and
9
(b) make and retain copies of, or take and retain extracts from,
10
such a document.
11
(2) The Secretary may retain possession of a copy of a document
12
produced in accordance with a requirement covered by
13
paragraph 30(2)(c).
14
33 Secretary may retain documents
15
(1) The Secretary may take, and retain for as long as is necessary,
16
possession of a document produced under subsection 30(2).
17
(2) The NBN corporation otherwise entitled to possession of the
18
document is entitled to be supplied, as soon as practicable, with a
19
copy certified by the Secretary to be a true copy.
20
(3) The certified copy must be received in all courts and tribunals as
21
evidence as if it were the original.
22
(4) Until a certified copy is supplied, the Secretary must, at such times
23
and places as the Secretary thinks appropriate, permit the NBN
24
corporation otherwise entitled to possession of the document, or a
25
person authorised by that NBN corporation, to inspect and make
26
copies of, or take extracts from, the document.
27
34 Law relating to legal professional privilege not affected
28
This Subdivision does not affect the law relating to legal
29
professional privilege.
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35 Severability
1
(1) Without limiting its effect apart from this section, this Subdivision
2
also has effect as provided by this section.
3
Corporations power
4
(2) This Subdivision also has the effect it would have if:
5
(a) subsection (3) had not been enacted; and
6
(b) each reference in this Subdivision to an NBN corporation
7
were, by express provision, confined to an NBN corporation
8
that is a constitutional corporation.
9
Communications power
10
(3) This Subdivision also has the effect it would have if:
11
(a) subsection (2) had not been enacted; and
12
(b) each reference in this Subdivision to an NBN corporation
13
were, by express provision, confined to an NBN corporation
14
that:
15
(i) carries on; or
16
(ii) proposes to carry on; or
17
(iii) has the object of carrying on;
18
a business that consists of or includes the supply of a carriage
19
service.
20
Subdivision C--Disclosure of information to certain bodies or
21
persons
22
36 Disclosure of information to certain bodies or persons
23
(1) The Secretary may disclose information to any of the following
24
bodies or persons:
25
(a) the ACMA;
26
(b) the ACCC;
27
(c) the Telecommunications Industry Ombudsman;
28
(d) the Regional Telecommunications Independent Review
29
Committee;
30
if:
31
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(e) the information was obtained under, or for the purposes of,
1
this Division; and
2
(f) the Secretary is satisfied that the information will enable or
3
assist the body or person to perform or exercise any of the
4
functions or powers of the body or person.
5
(2) The Secretary may, by writing, impose conditions to be complied
6
with in relation to information disclosed under subsection (1).
7
(3) An instrument made under subsection (2) that imposes conditions
8
relating to one particular disclosure identified in the instrument is
9
not a legislative instrument.
10
(4) Otherwise, an instrument made under subsection (2) is a legislative
11
instrument.
12
Division 5--Public Interest Telecommunications Services
13
Special Account
14
37 Public Interest Telecommunications Services Special Account
15
(1) The Public Interest Telecommunications Services Special Account
16
is established by this section.
17
(2) The Account is a Special Account for the purposes of the Public
18
Governance, Performance and Accountability Act 2013.
19
(3) The Account is to be administered by the Secretary.
20
38 Credits to the Account
21
There must be credited to the Public Interest Telecommunications
22
Services Special Account:
23
(a) an amount equal to an amount paid to the Commonwealth by
24
way of levy; and
25
(b) an amount equal to an amount paid to the Commonwealth
26
under a section 14 contract; and
27
(c) an amount equal to an amount paid to the Commonwealth by
28
way of damages or compensation for a breach of a section 14
29
contract; and
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(d) an amount equal to an amount paid to the Commonwealth by
1
way of the repayment of the whole or a part of a section 14
2
grant.
3
Note:
An Appropriation Act may contain a provision to the effect that, if any
4
of the purposes of a special account is a purpose that is covered by an
5
item in the Appropriation Act (whether or not the item expressly refers
6
to the special account), then amounts may be debited against the
7
appropriation for that item and credited to that special account.
8
39 Purposes of the Account
9
The purposes of Public Interest Telecommunications Services
10
Special Account are as follows:
11
(a) to pay amounts payable by the Commonwealth under a
12
contract entered into under section 14;
13
(b) to make grants under section 14;
14
(c) to pay the eligible administrative costs of the
15
Commonwealth;
16
(d) to make distributions in accordance with section 40;
17
(e) to pay refunds under section 62.
18
Note:
See section 80 of the Public Governance, Performance and
19
Accountability Act 2013 (which deals with special accounts).
20
40 Distribution of remaining balance of the Account
21
(1) The Secretary, on behalf of the Commonwealth, may distribute to
22
persons who are or were participating persons any balance standing
23
to the credit of the Public Interest Telecommunications Services
24
Special Account that remains after all payments payable by the
25
Commonwealth, in respect of debits from the Account for an
26
eligible levy period, have been paid.
27
(2) The Minister may, by legislative instrument, determine rules for
28
making those distributions.
29
(3) The Secretary must comply with any rules determined under
30
subsection (2).
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Division 6--Assessment, collection and recovery of levy
1
Subdivision A--Overall levy target amount
2
41 Overall levy target amount
3
General rule
4
(1) For the purposes of this Act, the overall levy target amount for an
5
eligible levy period (other than the first eligible levy period) is the
6
sum of:
7
(a) the total amount paid by the Secretary on behalf of the
8
Commonwealth during the period under contracts made
9
under section 14; and
10
(b) the total amount paid by the Secretary on behalf of the
11
Commonwealth during the period by way of grants made
12
under section 14; and
13
(c) the total amount of the eligible administrative costs of the
14
Commonwealth incurred during the period;
15
reduced by the total of the amounts appropriated by Appropriation
16
Acts for the purposes of:
17
(d) making payments under section 14 contracts during the
18
period; and
19
(e) making section 14 grants during the period; and
20
(f) the eligible administrative costs of the Commonwealth in
21
relation to the period.
22
Note 1:
The first eligible levy period is the 2014-15 financial year (see
23
section 5).
24
Note 2:
See also subsections 61(3) and (4) (set-off).
25
First eligible levy period
26
(2) For the purposes of this Act, the overall levy target amount for the
27
first eligible levy period is the amount that would have been the
28
overall levy target amount (within the meaning of section 88 of the
29
repealed Telecommunications Universal Service Management
30
Agency Act 2012) for the eligible levy period (within the meaning
31
of that section) that began on 1 July 2014 if the 2014-15 financial
32
year were treated as an eligible levy period for the purposes of that
33
section.
34
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42 Statement of overall levy target amount
1
Overall levy target amount
2
(1) After the end of an eligible levy period, the Secretary must prepare
3
a written statement setting out the overall levy target amount for
4
the period.
5
Components of overall levy target amount--general rule
6
(2) After the end of an eligible levy period (other than the first eligible
7
levy period), the Secretary must prepare a written statement setting
8
out the total amount paid by the Secretary on behalf of the
9
Commonwealth during the period under contracts made under
10
section 14.
11
Note 1:
The first eligible levy period is the 2014-15 financial year (see
12
section 5).
13
Note 2:
See also subsection 61(3) (set-off).
14
(3) After the end of an eligible levy period (other than the first eligible
15
levy period), the Secretary must prepare a written statement setting
16
out the total amount paid by the Secretary on behalf of the
17
Commonwealth during the period by way of grants made under
18
section 14.
19
Note 1:
The first eligible levy period is the 2014-15 financial year (see
20
section 5).
21
Note 2:
See also subsection 61(4) (set-off).
22
(4) After the end of an eligible levy period (other than the first eligible
23
levy period), the Secretary must prepare a written statement setting
24
out:
25
(a) the total amount of the eligible administrative costs of the
26
Commonwealth incurred during the period; and
27
(b) a breakdown of the amount referred to in paragraph (a) into
28
categories specified in the regulations.
29
Note:
The first eligible levy period is the 2014-15 financial year (see
30
section 5).
31
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Components of overall levy target amount--first eligible levy
1
period
2
(5) After the end of the first eligible levy period, the Secretary must
3
prepare a written statement setting out the total amount paid by the
4
Telecommunications Universal Service Management Agency on
5
behalf of the Commonwealth during the period under contracts
6
made under section 13 of the repealed Telecommunications
7
Universal Service Management Agency Act 2012.
8
Note:
The first eligible levy period is the 2014-15 financial year (see
9
section 5).
10
(6) After the end of the first eligible levy period, the Secretary must
11
prepare a written statement setting out the total amount paid by the
12
Telecommunications Universal Service Management Agency on
13
behalf of the Commonwealth during the period by way of grants
14
made under section 13 of the repealed Telecommunications
15
Universal Service Management Agency Act 2012.
16
Note:
The first eligible levy period is the 2014-15 financial year (see
17
section 5).
18
(7) After the end of the first eligible levy period, the Secretary must
19
prepare a written statement setting out:
20
(a) the total amount of the Telecommunications Universal
21
Service Management Agency's administrative costs (within
22
the meaning of the repealed Telecommunications Universal
23
Service Management Agency Act 2012) incurred during the
24
period; and
25
(b) a breakdown of the amount referred to in paragraph (a) into
26
categories specified in the regulations.
27
Note:
The first eligible levy period is the 2014-15 financial year (see
28
section 5).
29
Timing
30
(8) The Secretary must take all reasonable steps to ensure that a
31
statement under this section is prepared within 4 months after the
32
end of the eligible levy period to which the statement relates.
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Other matters
1
(9) The Secretary must give a copy of a statement under this section to
2
the ACMA.
3
(10) As soon as practicable after the Secretary gives the ACMA a copy
4
of a statement under this section, the ACMA must cause the copy
5
to be published on the ACMA's website.
6
(11) A statement under this section is not a legislative instrument.
7
Subdivision B--Eligible revenue of participating persons
8
43 Participating person must lodge return of eligible revenue
9
(1) A participating person for an eligible revenue period (other than
10
the first eligible revenue period) must:
11
(a) give the ACMA a written return of the person's eligible
12
revenue for that period; and
13
(b) do so within the period specified in an instrument in force
14
under subsection (5).
15
(2) The return must be in a form approved in writing by the ACMA.
16
(3) The approved form may require verification, by a statutory
17
declaration, of statements made in the return.
18
(4) The return must set out:
19
(a) the eligible revenue for the eligible revenue period of the
20
participating person; and
21
(b) details of how the eligible revenue was worked out; and
22
(c) such other information (if any) as the approved form of
23
return requires.
24
(5) The ACMA may, by legislative instrument, specify a period for the
25
purposes of paragraph (1)(b). The period must begin at or after the
26
end of the eligible revenue period.
27
Note:
See also section 69 (offence of failing to lodge eligible revenue
28
return).
29
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44 Participating person
1
(1) For the purposes of this Act, a person is a participating person for
2
an eligible revenue period if:
3
(a) the person was a carrier at any time during the eligible
4
revenue period; or
5
(b) both:
6
(i) the Minister makes a written determination that carriage
7
service providers are participating persons for the
8
eligible revenue period; and
9
(ii) the person was a carriage service provider at any time
10
during the eligible revenue period.
11
(2) However, a person is not a participating person for an eligible
12
revenue period if the person is of a kind, determined in writing by
13
the Minister for the purposes of this subsection, to be exempt from
14
this section.
15
(3) A determination under subsection (1) or (2) is a legislative
16
instrument.
17
45 Eligible revenue
18
General rule
19
(1) For the purposes of this Act, eligible revenue of a person for an
20
eligible revenue period (other than the first eligible revenue period)
21
is the amount ascertained in accordance with a written
22
determination made by the ACMA for the purposes of this
23
subsection.
24
(2) Subsection (1) has effect subject to subsection (3).
25
(3) The eligible revenue of a participating person for an eligible
26
revenue period (other than the first eligible revenue period):
27
(a) is taken to be zero if the person's eligible revenue is less than
28
the amount (the threshold amount) determined in writing by
29
the Minister for the purposes of this subsection; or
30
(b) in any other case--must be reduced by the threshold amount.
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(4) To avoid doubt, a determination under subsection (1) may, in
1
providing how to work out the eligible revenue of a person, refer to
2
revenue of other persons.
3
(5) A determination under subsection (1) must not provide that:
4
(a) an amount payable under a contract entered into under
5
section 14; or
6
(b) a grant under section 14;
7
is included in a person's eligible revenue.
8
(6) A determination under subsection (1) or (3) is a legislative
9
instrument.
10
First eligible revenue period
11
(7) For the purposes of this Act, eligible revenue of a person for the
12
first eligible revenue period is the person's eligible revenue (within
13
the meaning of the repealed Telecommunications Universal Service
14
Management Agency Act 2012) for the eligible revenue period
15
(within the meaning of that Act) that began on 1 July 2013.
16
Note:
The first eligible revenue period is the 2013-14 financial year (see
17
section 5).
18
46 ACMA may inquire into correctness of return
19
The ACMA may make whatever inquiries it thinks necessary or
20
desirable in order to determine whether or not a participating
21
person's eligible revenue return for an eligible revenue period
22
correctly states the person's eligible revenue for that period.
23
47 ACMA to assess eligible revenue
24
(1) The ACMA must make a written assessment of each participating
25
person's eligible revenue for an eligible revenue period (other than
26
the first eligible revenue period).
27
Note:
The assessment may be included in the same document as any other
28
assessment the ACMA makes under this Division (see section 55).
29
(2) The assessment must be based on:
30
(a) the person's eligible revenue return; and
31
(b) the information and documents obtained by the ACMA
32
because of its inquiries into the correctness of the return; and
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(c) any other information or documents that the ACMA has and
1
that it thinks relevant to making the assessment.
2
(3) Subsection (2) has effect subject to section 48.
3
(4) The ACMA must give a copy of an assessment of a person's
4
eligible revenue to the person concerned.
5
(5) The assessment is not a legislative instrument.
6
48 Assessment based on estimate of eligible revenue
7
(1) If a participating person fails to give the ACMA an eligible
8
revenue return for an eligible revenue period (other than the first
9
eligible revenue period), the ACMA may:
10
(a) estimate the person's eligible revenue for that period; and
11
(b) make a written assessment under section 47 of the person's
12
eligible revenue for that period based on that estimate.
13
(2) The ACMA must give the person at least 14 days' written notice
14
of:
15
(a) the amount of eligible revenue proposed to be assessed; and
16
(b) the ACMA's proposal to make the assessment based on the
17
estimate.
18
(3) However, the ACMA is not required to:
19
(a) give the person a notice under subsection (2); or
20
(b) make a written assessment under section 47 of the person's
21
eligible revenue for the period based on the estimate;
22
if the estimate is nil.
23
(4) The ACMA must not make an assessment based on an estimate
24
after receiving an eligible revenue return for the period from the
25
person concerned.
26
(5) However, if the ACMA has made an assessment based on the
27
estimate, the ACMA is not required to change it if an eligible
28
revenue return is later given to the ACMA.
29
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49 Levy contribution factor
1
(1) The rule in subsection (2) applies if the ACMA has assessed the
2
eligible revenue of participating persons for an eligible revenue
3
period.
4
(2) For the eligible levy period starting immediately after the eligible
5
revenue period, the ACMA must work out a levy contribution
6
factor for each of those participating persons.
7
Note:
The levy contribution factor is used to work out the levy amount of a
8
participating person (see section 50).
9
(3) For the purposes of this Act, the levy contribution factor of a
10
person for an eligible levy period is the amount worked out using
11
the following formula:
12
Individual eligible revenue
Total eligible revenue
13
where:
14
individual eligible revenue means the assessed eligible revenue of
15
the person for the eligible revenue period ending immediately
16
before the eligible levy period.
17
total eligible revenue means the total assessed eligible revenue, for
18
the eligible revenue period ending immediately before the eligible
19
levy period, of all the participating persons for the eligible revenue
20
period.
21
Subdivision C--Levy amount
22
50 Levy amount of a participating person
23
(1) If a person is a participating person for an eligible revenue period
24
(the relevant eligible revenue period), then, for the purposes of this
25
Act, the levy amount of the person for the eligible levy period
26
starting immediately after the relevant eligible revenue period is
27
the amount worked out using the formula:
28
Levy contribution factor
Overall levy target amount
29
where:
30
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levy contribution factor means the person's levy contribution
1
factor for the eligible levy period worked out under section 49.
2
overall levy target amount means the overall levy target amount
3
for the eligible levy period worked out under section 41.
4
Note:
The Telecommunications (Industry Levy) Act 2012 imposes levy on
5
the levy amount.
6
(2) The Minister may, by legislative instrument, modify the formula in
7
subsection (1).
8
51 ACMA to make written assessment
9
(1) For each eligible levy period, the ACMA must make a written
10
assessment setting out the matters in subsection (2).
11
(2) For each participating person for the eligible revenue period ending
12
immediately before the eligible levy period, the assessment must
13
set out:
14
(a) the person's levy amount under section 50 for the eligible
15
levy period; and
16
(b) the levy payable by the person on that amount.
17
Note:
Section 56 sets out when the levy is payable.
18
(3) The ACMA must act expeditiously in preparing its assessment.
19
However, a failure to comply with this subsection does not affect
20
the validity of the assessment.
21
(4) The assessment is not a legislative instrument.
22
52 Publication of assessment
23
As soon as practicable after making an assessment under
24
section 51, the ACMA must:
25
(a) publish a copy of the assessment on the ACMA's website;
26
and
27
(b) give a copy of the assessment to the participating person to
28
whom the assessment relates.
29
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Subdivision D--Assessments
1
53 Variation of assessments
2
(1) The ACMA may vary an assessment made under this Division by
3
making such alterations and additions as it thinks necessary, even
4
if levy has been paid in respect of an assessment.
5
(2) Unless the contrary intention appears, an amended assessment is
6
taken, for the purposes of this Division, to be an assessment under
7
section 47 or 51, as the case may be.
8
54 ACMA may accept statements
9
Despite anything in this Division, the ACMA may, for the
10
purposes of making an assessment under this Division, partly or
11
completely accept a statement in an eligible revenue return.
12
55 Multiple assessments in the same document
13
The ACMA may include in the same document more than one
14
assessment made under this Division.
15
Subdivision E--Collection and recovery of levy
16
56 When levy payable
17
(1) Levy assessed under section 51 becomes due and payable on:
18
(a) the 28th day; or
19
(b) such later day as is determined in writing by the ACMA;
20
after the ACMA gives a copy of the assessment to the participating
21
person to whom the assessment relates.
22
(2) A copy of a determination under paragraph (1)(b) must be
23
published on the ACMA's website.
24
(3) A determination under paragraph (1)(b) is not a legislative
25
instrument.
26
57 Recovery of levy
27
Levy:
28
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(a) is a debt due to the ACMA on behalf of the Commonwealth;
1
and
2
(b) may be recovered by the ACMA, on behalf of the
3
Commonwealth, in a court of competent jurisdiction.
4
58 Validity of assessment
5
The validity of an assessment under this Division is not affected by
6
a contravention of this Division.
7
59 Evidence of assessment
8
Scope
9
(1) This section applies if a document that purports to be a copy of an
10
assessment under section 51 is produced in a proceeding.
11
Evidence
12
(2) Except so far as the contrary is established, it must be presumed:
13
(a) that the document is a copy of the assessment; and
14
(b) that the ACMA has duly made the assessment; and
15
(c) that the amounts and other particulars set out in the
16
assessment are correct.
17
60 Onus of establishing incorrectness of assessment
18
In any proceeding, the onus of establishing that an assessment
19
under section 51 is incorrect is on the party making that assertion.
20
61 Set-off
21
(1) If:
22
(a) an amount of levy (the first amount) is payable by a person;
23
and
24
(b) an amount (the second amount) is payable by the
25
Commonwealth to the person:
26
(i) under a section 14 contract; or
27
(ii) as a section 14 grant;
28
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the ACMA may, on behalf of the Commonwealth, set off the
1
whole or a part of the first amount against the whole or a part of
2
the second amount.
3
(2) Before doing so, the ACMA must consult the Secretary.
4
Overall levy target amount
5
(3) For the purposes of sections 41 and 42, if the second amount is
6
payable by the Commonwealth to the person under a section 14
7
contract, the amount set off is taken to have been paid by the
8
Secretary, on behalf of the Commonwealth, under a section 14
9
contract.
10
(4) For the purposes of sections 41 and 42, if the second amount is
11
payable by the Commonwealth to the person as a section 14 grant,
12
the amount set off is taken to have been paid by the Secretary, on
13
behalf of the Commonwealth, by way of a section 14 grant.
14
Grant taken to be payable by the Commonwealth
15
(5) For the purposes of this section, if a person is eligible to receive a
16
section 14 grant, the amount of the grant is taken to be an amount
17
payable by the Commonwealth to the person.
18
62 Refund of overpayment of levy
19
If there is an overpayment of levy, the overpayment is to be
20
refunded by the Secretary on behalf of the Commonwealth.
21
Note:
For the appropriation for the refund, see section 77 of the Public
22
Governance, Performance and Accountability Act 2013.
23
63 Cancellation of certain exemptions from levy
24
(1) This section cancels the effect of a provision of another Act that
25
would have the effect of exempting a person from liability to pay
26
levy.
27
(2) The cancellation does not apply if the provision of the other Act is
28
enacted after the commencement of this section and refers
29
specifically to levy imposed by the Telecommunications (Industry
30
Levy) Act 2012.
31
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64 Commonwealth not liable to levy
1
(1) The Commonwealth is not liable to pay levy.
2
(2) A reference in this section to the Commonwealth includes a
3
reference to an authority of the Commonwealth that cannot, by law
4
of the Commonwealth, be made liable to taxation by the
5
Commonwealth.
6
65 Performance bonds and guarantees
7
(1) The Minister may, by written determination, require a person who
8
has a liability to pay levy, or an anticipated liability to pay levy, to
9
obtain, in accordance with the determination, performance bonds
10
or guarantees in respect of the person's liability or anticipated
11
liability.
12
(2) The person must comply with the determination.
13
(3) A determination under this section is a legislative instrument.
14
(4) In this section:
15
performance bond has the meaning given by the determination.
16
Subdivision F--Disclosure of information
17
66 Public may request information
18
(1) A person may request the ACMA to make available to the person:
19
(a) specified information or documents on the basis of which the
20
ACMA may make, or has made, its assessment under
21
section 51 for an eligible levy period; or
22
(b) specified information about how the ACMA may work out,
23
or has worked out, the matters mentioned in paragraphs
24
51(2)(a) and (b).
25
(2) The ACMA must comply with a request as provided in section 68.
26
This subsection has effect subject to subsection (3).
27
(3) The ACMA must not make available under this section:
28
(a) information (other than information prescribed for the
29
purposes of this paragraph):
30
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(i) that was obtained from, or relates to, a person who is a
1
participating person for an eligible revenue period; and
2
(ii) the making available of which under this section can
3
reasonably be expected to cause substantial damage to
4
the person's commercial or other interests; or
5
(b) information prescribed for the purposes of this paragraph; or
6
(c) so much of a document as sets out information of a kind
7
referred to in paragraph (a) or (b).
8
67 Request for information that is unavailable under section 66
9
(1) A person who is a participating person for an eligible revenue
10
period may request the ACMA to make available to the person
11
specified information or documents of a kind referred to in
12
subsection 66(1) that subsection 66(3) prevents the ACMA from
13
making available to the person under section 66.
14
(2) The ACMA must comply with a request as provided for in
15
section 68. This subsection has effect subject to subsection (3) of
16
this section.
17
(3) The ACMA must not, under this section, make available to a
18
person (the first person) information, or so much of a document as
19
sets out information:
20
(a) that was obtained from, or relates to, another person (the
21
second person) who is a participating person for an eligible
22
revenue period; and
23
(b) the making available of which to the first person can
24
reasonably be expected to cause substantial damage to the
25
second person's commercial or other interests;
26
unless the ACMA is satisfied:
27
(c) that the information could be obtained by the first person
28
lawfully, and without the second person's consent, from a
29
source other than the ACMA; or
30
(d) that:
31
(i) the first person has made the request in good faith for
32
the sole purpose of informing itself about the basis on
33
which, or the methods by which, the ACMA made the
34
assessment concerned; and
35
(ii) having regard to the policy objectives in section 13, the
36
first person's interest in being able to examine that basis
37
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and those methods in order to see how its liability to pay
1
levy has been assessed outweighs the second person's
2
interest in avoiding the damage referred to in
3
paragraph (b) of this subsection.
4
(4) In determining the question referred to in paragraph (3)(b), the
5
ACMA must have regard to:
6
(a) whether any undertakings have been given under
7
subsection (5) and, if so, the nature of those undertakings;
8
and
9
(b) such other matters (if any) as the ACMA considers relevant.
10
(5) For the purposes of this section, a person may give the ACMA a
11
written undertaking that, if specified information, or the whole or a
12
part of a specified document, is made available to the person under
13
this section, the person will not:
14
(a) disclose the information, or the contents of the document,
15
except to one or more specified persons; or
16
(b) use the information, or the document, except for the purpose
17
of informing itself about the basis on which, or the methods
18
by which, the ACMA made the assessment concerned.
19
Note:
Information, documents or persons may be specified by name, by
20
inclusion in a class or in any other way.
21
(6) If a person gives an undertaking under subsection (5), the person
22
must comply with the undertaking.
23
68 How the ACMA is to comply with a request
24
(1) The ACMA may comply with a request by a person under
25
section 66 or 67 by:
26
(a) communicating information to the person in writing or in
27
some other form; or
28
(b) making documents available for inspection by the person or
29
by an employee, agent or professional adviser of the person;
30
or
31
(c) giving to the person copies of, extracts from, or summaries
32
of, documents.
33
(2) In this section:
34
document includes a part of a document.
35
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Subdivision G--Other matters
1
69 Offence of failing to lodge eligible revenue return
2
(1) A person commits an offence if:
3
(a) the person is subject to a requirement under section 43; and
4
(b) the person omits to do an act; and
5
(c) the omission breaches the requirement.
6
Penalty: 50 penalty units.
7
(2) An offence against subsection (1) is an offence of strict liability.
8
Note:
For strict liability, see section 6.1 of the Criminal Code.
9
(3) A person who contravenes subsection (1) commits a separate
10
offence in respect of each day (including a day of a conviction for
11
the offence or any later day) during which the contravention
12
continues.
13
70 Late payment penalty
14
(1) If an amount of levy that is payable by a person remains unpaid
15
after the day on which it becomes due and payable, the person is
16
liable to pay a penalty (late payment penalty) on the unpaid
17
amount for each day until all of the levy has been paid.
18
(2) The late payment penalty rate is 20% per year, or such lower rate
19
as the ACMA determines in writing for the purposes of this
20
subsection.
21
(3) The ACMA may remit the whole or part of a late payment penalty
22
that a person is liable to pay under subsection (2).
23
(4) The late payment penalty for a day is due and payable at the end of
24
that day.
25
(5) Late payment penalty:
26
(a) is a debt due to the ACMA on behalf of the Commonwealth;
27
and
28
(b) may be recovered by the ACMA, on behalf of the
29
Commonwealth, in a court of competent jurisdiction.
30
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(6) If the amount of the late payment penalty for a day is not an
1
amount of whole dollars, the late payment penalty is rounded to the
2
nearest dollar (rounding 50 cents upwards).
3
(7) A determination under subsection (2) is a legislative instrument.
4
Division 7--Other matters
5
71 Register of Public Interest Telecommunications Contracts
6
(1) The Secretary is to maintain a register, to be known as the Register
7
of Public Interest Telecommunications Contracts, in which the
8
Secretary includes the following for each section 14 contract that is
9
in force:
10
(a) the name of the contractor;
11
(b) the duration of the contract;
12
(c) a summary of the actions to be undertaken by the contractor
13
under the contract;
14
(d) a description of the services, facilities or customer equipment
15
to be supplied by the contractor in accordance with the
16
contract;
17
(e) one of the following:
18
(i) the total amount paid or to be paid by the
19
Commonwealth under the contract;
20
(ii) an estimate of the total amount paid or to be paid by the
21
Commonwealth under the contract;
22
(iii) the method of working out the total amount paid or to
23
be paid by the Commonwealth under the contract.
24
(2) The Register of Public Interest Telecommunications Contracts is to
25
be maintained by electronic means.
26
(3) The Register of Public Interest Telecommunications Contracts is to
27
be made available for inspection on the Department's website.
28
(4) The Register of Public Interest Telecommunications Contracts is
29
not a legislative instrument.
30
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72 Register of Public Interest Telecommunications Grants
1
(1) The Secretary is to maintain a register, to be known as the Register
2
of Public Interest Telecommunications Grants, in which the
3
Secretary includes the following for each section 14 grant that has
4
been made:
5
(a) the name of the grant recipient;
6
(b) a summary of the terms and conditions of the grant that
7
require action to be undertaken by the grant recipient;
8
(c) a description of the services, facilities or customer equipment
9
to be supplied by the grant recipient in accordance with the
10
terms and conditions of the grant;
11
(d) either:
12
(i) the amount of the grant; or
13
(ii) the method for working out the amount of the grant.
14
(2) The Register of Public Interest Telecommunications Grants is to be
15
maintained by electronic means.
16
(3) The Register of Public Interest Telecommunications Grants is to be
17
made available for inspection on the Department's website.
18
(4) The Register of Public Interest Telecommunications Grants is not a
19
legislative instrument.
20
73 Delegation by the Minister
21
(1) The Minister may, by writing, delegate any or all of his or her
22
functions or powers under this Part to a member of the staff of the
23
ACMA who is:
24
(a) an SES employee; or
25
(b) an acting SES employee.
26
Note:
The expressions SES employee and acting SES employee are defined
27
in the Acts Interpretation Act 1901.
28
(2) A delegate must comply with any written directions of the
29
Minister.
30
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74 Delegation by the Secretary
1
(1) The Secretary may, by writing, delegate any or all of his or her
2
functions or powers under this Part to an SES employee, or acting
3
SES employee, in the Department.
4
Note:
The expressions SES employee and acting SES employee are defined
5
in the Acts Interpretation Act 1901.
6
(2) In exercising powers under a delegation, the delegate must comply
7
with any directions of the Secretary.
8
124 Paragraphs 106(3A)(b) and (c)
9
Repeal the paragraphs, substitute:
10
(b) in compliance with the obligations under a contract entered
11
into under section 14 for a purpose relating to the
12
achievement of the policy objective set out in
13
paragraph 13(1)(a); or
14
(c) in compliance with the terms and conditions of a grant made
15
under section 14 for a purpose relating to the achievement of
16
the policy objective set out in paragraph 13(1)(a).
17
125 Subsections 107(6) and (6A)
18
Repeal the subsections.
19
126 Subparagraphs 109(1)(a)(i), (b)(i), (c)(i) and (d)(i)
20
Omit "universal service contractor or universal service grant recipient",
21
substitute "contractor or grant recipient".
22
127 Paragraph 109(3)(b)
23
Omit "for that area".
24
128 Paragraph 109(4)(b)
25
Repeal the paragraph, substitute:
26
(b) the provider is a contractor in relation to a contract entered
27
into under section 14 for a purpose relating to the
28
achievement of the policy objective set out in
29
paragraph 13(1)(a); and
30
129 Paragraph 109(4)(c)
31
Omit "universal service".
32
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130 Paragraph 109(4)(c)
1
Omit "in the area".
2
131 Subsection 109(4)
3
Omit "universal service" (last occurring).
4
132 Paragraph 109(5)(b)
5
Repeal the paragraph, substitute:
6
(b) the provider is a grant recipient in relation to a grant made
7
under section 14 for a purpose relating to the achievement of
8
the policy objective set out in paragraph 13(1)(a); and
9
133 Paragraph 109(5)(c)
10
Omit "universal service".
11
134 Paragraph 109(5)(c)
12
Omit "in the area".
13
135 Subsection 109(5)
14
Omit "universal service" (last occurring).
15
136 Paragraphs 120(7)(b) and (c)
16
Repeal the paragraphs, substitute:
17
(b) in compliance with the obligations under a contract entered
18
into under section 14 for a purpose relating to the
19
achievement of the policy objective set out in
20
paragraph 13(1)(a); or
21
(c) in compliance with the terms and conditions of a grant made
22
under section 14 for a purpose relating to the achievement of
23
the policy objective set out in paragraph 13(1)(a).
24
137 Subsection 147(9A)
25
Omit "TUSMA", substitute "the Secretary".
26
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Part 4
--Application and transitional provisions
1
Division 1
--Preliminary
2
138 Definitions
3
In this Part:
4
contractor has the same meaning as in the repealed
5
Telecommunications Universal Service Management Agency Act 2012.
6
grant recipient has the same meaning as in the repealed
7
Telecommunications Universal Service Management Agency Act 2012.
8
Secretary means the Secretary of the Department.
9
TUSMA means the Telecommunications Universal Service
10
Management Agency.
11
transition time means the commencement of this Part.
12
Division 2
--Abolition of TUSMA
13
139 Transfer of records to the Department
14
(1)
This item applies to any records or documents that were in the
15
possession of TUSMA immediately before the transition time.
16
(2)
The records and documents are to be transferred to the Department after
17
the transition time.
18
Note:
The records and documents are Commonwealth records for the purposes of the Archives
19
Act 1983.
20
140 Transfer of Ombudsman investigations
21
If:
22
(a) before the transition time, a complaint was made to the
23
Ombudsman, or the Ombudsman began an investigation,
24
under the Ombudsman Act 1976 in relation to an action taken
25
by TUSMA; and
26
(b) immediately before the transition time, the Ombudsman had
27
not finally disposed of the matter in accordance with the
28
Ombudsman Act 1976;
29
the Ombudsman Act 1976 applies after the transition time as if that
30
action had been taken by the Department.
31
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141 Reporting obligations
1
Final annual report
2
(1)
After the end of the 2014-15 financial year, the Secretary must prepare
3
and give an annual report to the Minister, for presentation to the
4
Parliament, on TUSMA's activities during that financial year.
5
(2)
The annual report must be given to the Minister by:
6
(a) 15 October 2015; or
7
(b) the end of any further period granted under
8
subsection 34C(5) of the Acts Interpretation Act 1901.
9
(3)
The annual report is taken to be TUSMA's annual report under
10
section 46 of the Public Governance, Performance and Accountability
11
Act 2013.
12
Note:
The annual report must include the TUSMA's annual performance statements and
13
annual financial statements (see paragraph 39(1)(b) and subsection 43(4) of the Public
14
Governance, Performance and Accountability Act 2013.
15
(4)
The annual report must comply with any requirements prescribed by
16
rules made for the purposes of subsection 46(3) of the Public
17
Governance, Performance and Accountability Act 2013.
18
(5)
The annual report must set out the matters mentioned in section 75 of
19
the repealed Telecommunications Universal Service Management
20
Agency Act 2012, so far as those matters concern the 2014-15 financial
21
year.
22
Final monitoring report
--performance of contractors and grant
23
recipients
24
(6)
After the end of the 2014-15 financial year, the Secretary must prepare
25
a report on all significant matters relating to:
26
(a) the performance of contractors; and
27
(b) the performance of grant recipients;
28
during that financial year.
29
(7)
The report must set out the matters mentioned in subsection 29(2) of the
30
repealed Telecommunications Universal Service Management Agency
31
Act 2012.
32
(8)
Subitem (7) does not limit subitem (6).
33
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(9)
A report under subitem (6) for a financial year must be included in the
1
annual report prepared by the Secretary and given to the Minister under
2
subitem (1).
3
Monitoring report
--performance of carriers and carriage service
4
providers
5
(10)
Despite the repeal of paragraphs 105(3)(eb) and (ec) of the
6
Telecommunications Act 1997 by this Schedule, those paragraphs
7
continue to apply, in relation to a report for the 2014-15 financial year,
8
as if that repeal had not happened.
9
142 Final financial statements and final annual performance
10
statements
11
(1)
The obligations under section 42 of the Public Governance,
12
Performance and Accountability Act 2013 to:
13
(a) prepare financial statements for TUSMA for the 2014-15
14
financial year; and
15
(b) give those statements to the Auditor-General;
16
are imposed on the Secretary instead of the accountable authority of
17
TUSMA.
18
(2)
The obligations under section 39 of the Public Governance,
19
Performance and Accountability Act 2013 to:
20
(a) prepare an annual performance statement for TUSMA for the
21
2014-15 financial year; and
22
(b) include a copy of the annual performance statement in
23
TUSMA's annual report;
24
are imposed on the Secretary instead of the accountable authority of
25
TUSMA.
26
143 Safety, Rehabilitation and Compensation Act 1988
--
27
rehabilitation provisions
28
(1)
This item applies if, before the transition time, an employee of TUSMA
29
suffered an injury resulting in an incapacity for work or an impairment.
30
(2)
Sections 36, 37, 38, 39, 41 and 41A of the Safety, Rehabilitation and
31
Compensation Act 1988 apply after the transition time, in relation to the
32
injury, as if the employee were employed by the Commonwealth in the
33
Department.
34
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Part 4 Application and transitional provisions
68
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Note:
The main effect of subitem (2) is that sections 36, 37, 38, 39, 41 and 41A of the Safety,
1
Rehabilitation and Compensation Act 1988 apply in relation to the employee's injury as
2
if the principal officer of the Department were the rehabilitation authority.
3
(3)
After the transition time, the Commonwealth is, for the purposes of
4
section 40 of the Safety, Rehabilitation and Compensation Act 1988,
5
taken to be the relevant employer of the employee.
6
(4)
For the purposes of this item, employee of TUSMA means a member of
7
the staff of TUSMA.
8
Division 3
--Investigations and enforcement
9
144 Investigations
10
Despite the amendments of sections 508 and 510 of the
11
Telecommunications Act 1997 made by this Schedule, those sections
12
continue to apply, in relation to a contravention that occurred before the
13
transition time, as if those amendments had not been made.
14
145 Forfeiture
15
Despite the amendment of section 551 of the Telecommunications Act
16
1997 made by this Schedule, that section continues to apply, in relation
17
to an offence committed before the transition time, as if that amendment
18
had not been made.
19
146 Civil penalties
20
Despite the amendment of section 570 of the Telecommunications Act
21
1997 made by this Schedule, that section continues to apply, in relation
22
to a contravention that occurred before the transition time, as if that
23
amendment had not been made.
24
147 Infringement notices
25
Despite the amendment of section 572E of the Telecommunications Act
26
1997 made by this Schedule, that section continues to apply, in relation
27
to a contravention that occurred before the transition time, as if that
28
amendment had not been made.
29
Public interest telecommunications services Schedule 1
Application and transitional provisions Part 4
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
69
148 Vicarious liability
1
Despite the amendment of section 574A of the Telecommunications Act
2
1997 made by this Schedule, that section continues to apply, in relation
3
to conduct that was engaged in before the transition time, as if that
4
amendment had not been made.
5
149 Penalties for continuing offences
6
Despite the amendment of section 583 of the Telecommunications Act
7
1997 made by this Schedule, that section continues to apply, in relation
8
to an offence committed before the transition time, as if that amendment
9
had not been made.
10
150 Partnerships
11
Despite the amendment of section 585 of the Telecommunications Act
12
1997 made by this Schedule, that section continues to apply, in relation
13
to a matter that arose before the transition time, as if that amendment
14
had not been made.
15
Division 4
--Industry levy
16
151 Industry levy
17
(1)
The objects of this item are:
18
(a) to ensure that levy liabilities relating to:
19
(i) the 2012-13 financial year; or
20
(ii) the 2013-14 financial year;
21
can be administered, collected and recovered after the
22
transition time; and
23
(b) to ensure that assessments of eligible revenue for the 2013-14
24
financial year continue to have effect after the transition time.
25
Note:
See also subsection 45(7) of the Telecommunications (Consumer Protection and Service
26
Standards) Act 1999.
27
(2)
Despite the repeal of the Telecommunications Universal Service
28
Management Agency Act 2012 by this Schedule, that Act continues in
29
force, subject to:
30
(a) this Part; and
31
(b) the modifications set out in the following table;
32
as if that repeal had not happened.
33
Schedule 1 Public interest telecommunications services
Part 4 Application and transitional provisions
70
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
1
Modifications of the Telecommunications Universal Service Management Agency
Act 2012
Item
Provision
Modification
1
section 3
Omit the section.
2
section 4 (definition of
eligible levy period)
Omit the definition, substitute:
eligible levy period means:
(a) the 2012-13 financial year; or
(b) the 2013-14 financial year.
3
section 4 (definition of
eligible revenue period)
Omit the definition, substitute:
eligible revenue period means:
(a) the 2011-12 financial year; or
(b) the 2012-13 financial year; or
(c) the 2013-14 financial year.
4
section 4 (definition of
levy)
After "by", insert "section 6 of".
5
section 4 (definitions of
access, Australia,
carriage service, CEO,
Chair, constitutional
corporation, contractor,
customer cabling,
customer equipment,
designated transitional
contract, disability,
emergency call service,
engage in conduct,
facility, grant recipient,
national broadband
network, National Relay
Service, NBN
corporation, payphone,
standard telephone
service, supply,
telecommunications
industry,
Telecommunications
Industry Ombudsman,
Telecommunications
Universal Service
Omit the definitions.
Public interest telecommunications services Schedule 1
Application and transitional provisions Part 4
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
71
Modifications of the Telecommunications Universal Service Management Agency
Act 2012
Item
Provision
Modification
Special Account,
Telstra, TUSMA
member, vacancy and
voice customer
migration policy
objective
6
sections 5, 6 and 7
Omit the sections.
7
Parts 2, 3, 4 and 5
Omit the Parts.
8
section 111
Omit "TUSMA", substitute "the Secretary of
the Department".
9
sections 122 and 123
Omit the sections.
Note:
The Telecommunications (Industry Levy) Amendment Act 2014 contains a transitional
1
provision relating to levy imposed by section 6 of the Telecommunications (Industry
2
Levy) Act 2012.
3
152 Public Interest Telecommunications Services Special
4
Account
5
There must be credited to the Public Interest Telecommunications
6
Services Special Account:
7
(a) an amount equal to the balance (if any) of the
8
Telecommunications Universal Service Special Account
9
immediately before the transition time; and
10
(b) an amount equal to an amount paid to the Commonwealth
11
after the transition time by way of levy imposed by section 6
12
of the Telecommunications (Industry Levy) Act 2012.
13
Division 5
--Information management
14
153 Authorised disclosure information
15
Despite the amendment of the definition of authorised disclosure
16
information in section 3 of the Australian Communications and Media
17
Authority Act 2005 made by this Schedule, that definition continues to
18
apply, in relation to information that was obtained by the ACMA before
19
the transition time, as if that amendment had not been made.
20
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Part 4 Application and transitional provisions
72
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
154 Access to information or documents held by a carriage
1
service provider
2
Scope
3
(1)
This item applies to a notice if:
4
(a) the notice was given to a carriage service provider under
5
section 29A of the Telecommunications Universal Service
6
Management Agency Act 2012 before the transition time; and
7
(b) the carriage service provider had not complied with the
8
notice before the transition time.
9
Requirement
10
(2)
Despite the repeal of Subdivision A of Division 4A of Part 2 of the
11
Telecommunications Universal Service Management Agency Act 2012
12
by this Schedule, that Subdivision continues to apply, in relation to the
13
notice, as if:
14
(a) a requirement in the notice to give information to TUSMA
15
were a requirement in the notice to give the information to
16
the Secretary; and
17
(b) a requirement in the notice to produce documents to TUSMA
18
were a requirement to produce the documents to the
19
Secretary; and
20
(c) a requirement in the notice to produce copies to TUSMA
21
were a requirement to produce the copies to the Secretary;
22
and
23
(d) a reference in section 29B of that Act to TUSMA were a
24
reference to the Commonwealth; and
25
(e) a reference in section 29C or 29D of that Act to TUSMA
26
were a reference to the Secretary; and
27
(f) that repeal had not happened.
28
155 Access to information or documents held by an NBN
29
corporation
30
Scope
31
(1)
This item applies to a notice if:
32
Public interest telecommunications services Schedule 1
Application and transitional provisions Part 4
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
73
(a) the notice was given to an NBN corporation under section 78
1
of the Telecommunications Universal Service Management
2
Agency Act 2012 before the transition time; and
3
(b) the NBN corporation had not complied with the notice before
4
the transition time.
5
Requirement
6
(2)
Despite the repeal of Part 4 of the Telecommunications Universal
7
Service Management Agency Act 2012 by this Schedule, that Part
8
continues to apply, in relation to the notice, as if:
9
(a) a requirement in the notice to give information to TUSMA
10
were a requirement in the notice to give the information to
11
the Secretary; and
12
(b) a requirement in the notice to produce documents to TUSMA
13
were a requirement to produce the documents to the
14
Secretary; and
15
(c) a requirement in the notice to produce copies to TUSMA
16
were a requirement to produce the copies to the Secretary;
17
and
18
(d) a reference in section 79 of that Act to TUSMA were a
19
reference to the Commonwealth; and
20
(e) a reference in section 80 or 81 of that Act to TUSMA were a
21
reference to the Secretary; and
22
(f) that repeal had not happened.
23
156 Disclosure of information obtained by TUSMA under
24
section 29A of the repealed Telecommunications
25
Universal Service Management Agency Act 2012
26
Scope
27
(1)
This item applies to information that:
28
(a) was obtained by TUSMA before the transition time under
29
section 29A of the repealed Telecommunications Universal
30
Service Management Agency Act 2012; or
31
(b) is contained in a document, or a copy of a document, that was
32
produced to TUSMA under that section.
33
Schedule 1 Public interest telecommunications services
Part 4 Application and transitional provisions
74
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Disclosure
1
(2)
The Secretary may disclose the information to a carriage service
2
provider if the disclosure is for a purpose relating to the achievement of
3
the policy objective set out in paragraph 13(1)(e) of the
4
Telecommunications (Consumer Protection and Service Standards) Act
5
1999.
6
157 Disclosure of information to certain bodies or persons
7
(1)
If information was obtained by TUSMA, the Secretary may disclose the
8
information to any of the following bodies or persons if the Secretary is
9
satisfied that the information will enable or assist the body or person to
10
perform or exercise any of the functions or powers of the body or
11
person:
12
(a) the ACMA;
13
(b) the ACCC;
14
(c) the Telecommunications Industry Ombudsman;
15
(d) the Regional Telecommunications Independent Review
16
Committee.
17
(2)
The Secretary may, by writing, impose conditions to be complied with
18
in relation to information disclosed under subitem (1).
19
(3)
An instrument made under subitem (2) that imposes conditions relating
20
to one particular disclosure identified in the instrument is not a
21
legislative instrument.
22
(4)
Otherwise, an instrument made under subitem (2) is a legislative
23
instrument.
24
158 Protection of information
25
If:
26
(a) before the transition time, information was disclosed to a
27
person under subsection 122(1) of the Telecommunications
28
Universal Service Management Agency Act 2012; and
29
(b) immediately before the transition time, a person was subject
30
to a condition under subsection 122(2) of that Act in relation
31
to the information disclosed;
32
the person continues to be subject to the condition after the transition
33
time.
34
Public interest telecommunications services Schedule 1
Application and transitional provisions Part 4
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
75
159 Consent to customer contact
1
Scope
2
(1)
This item applies if:
3
(a) a notice (the relevant notice) was given under
4
subsection 29G(2) of the repealed Telecommunications
5
Universal Service Management Agency Act 2012 to a
6
carriage service provider before the transition time; and
7
(b) the notice was in force immediately before the transition
8
time.
9
Requirement
10
(2)
Despite the repeal of section 29G of the Telecommunications Universal
11
Service Management Agency Act 2012 by this Schedule, that section
12
continues to apply, in relation to the relevant notice, as if that repeal had
13
not happened.
14
(3)
The Secretary may, by written notice given to the carriage service
15
provider, revoke or vary the relevant notice.
16
Division 6
--ACCC's reporting obligations
17
160 Report by the ACCC under section 151CM of the
18
Competition and Consumer Act 2010
19
Despite the amendments of section 151CM of the Competition and
20
Consumer Act 2010 made by this Schedule, that section continues to
21
apply, in relation to a report for the 2014-15 financial year, as if those
22
amendments had not been made.
23
Division 7
--Miscellaneous
24
161 Delegation by Secretary
25
(1)
The Secretary may, by writing, delegate all or any of his or her powers
26
and functions under this Part to an SES employee, or acting SES
27
employee, in the Department.
28
Note:
The expressions SES employee and acting SES employee are defined in the Acts
29
Interpretation Act 1901.
30
Schedule 1 Public interest telecommunications services
Part 4 Application and transitional provisions
76
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
(2)
In exercising powers or functions under a delegation, the delegate must
1
comply with any directions of the Secretary.
2
162 Compensation for acquisition of property
3
(1)
If the operation of this Schedule would result in an acquisition of
4
property (within the meaning of paragraph 51(xxxi) of the Constitution)
5
from a person otherwise than on just terms (within the meaning of that
6
paragraph), the Commonwealth is liable to pay a reasonable amount of
7
compensation to the person.
8
(2)
If the Commonwealth and the person do not agree on the amount of the
9
compensation, the person may institute proceedings in a court of
10
competent jurisdiction for the recovery from the Commonwealth of
11
such reasonable amount of compensation as the court determines.
12
163 Transitional rules
13
The Minister may, by legislative instrument, make rules in relation to
14
transitional matters arising out of the amendments and repeals made by
15
this Schedule.
16
Telephone sex services Schedule 2
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
77
Schedule 2
--Telephone sex services
1
2
Australian Communications and Media Authority Act 2005
3
1 Subparagraph 8(1)(j)(iv)
4
Omit "(other than subsection 158F(1))".
5
2 Subparagraph 10(1)(o)(vi)
6
Repeal the subparagraph.
7
Export Market Development Grants Act 1997
8
3 Section 57B
9
Before "Expenses of", insert "(1)".
10
4 Section 57B (note)
11
Repeal the note.
12
5 At the end of section 57B
13
Add:
14
(2) For the purposes of this Act, a telephone sex service is a
15
commercial service supplied using a standard telephone service,
16
where:
17
(a) the supply is by way of a voice call made using the standard
18
telephone service; and
19
(b) having regard to:
20
(i) the way in which the service is advertised or promoted;
21
and
22
(ii) the content of the service;
23
it would be concluded that a majority of persons who call the
24
service are likely to do so with the sole or principal object of
25
deriving sexual gratification from the call.
26
(3) However, a service is not a telephone sex service if it is a
27
therapeutic or counselling service provided by a person registered
28
or licensed as a medical practitioner, or as a psychologist, under a
29
law of a State or Territory.
30
Schedule 2 Telephone sex services
78
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
(4) An expression used in subsection (2) that is also used in the
1
Telecommunications (Consumer Protection and Service Standards)
2
Act 1999 has the same meaning in that subsection as it has in that
3
Act.
4
6 Subsection 107(1) (definition of telephone sex service)
5
Omit all the words after "by", substitute "subsection 57B(2)".
6
Telecommunications (Consumer Protection and Service
7
Standards) Act 1999
8
7 Section 4
9
Omit:
10
•
This Act regulates telephone sex services.
11
8 Part 9A
12
Repeal the Part.
13
Do Not Call Register Schedule 3
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
79
Schedule 3
--Do Not Call Register
1
2
Do Not Call Register Act 2006
3
1 Paragraph 17(1)(b)
4
Repeal the paragraph, substitute:
5
(b) unless sooner removed from the Do Not Call Register in
6
accordance with a determination under subsection 18(1),
7
remains in force indefinitely.
8
2 Subsections 17(1A) and (2)
9
Repeal the subsections.
10
Schedule 4 E-marketing
80
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Schedule 4
--E-marketing
1
2
Telecommunications Act 1997
3
1 Section 5
4
Omit "the e-marketing industry," (wherever occurring).
5
2 Section 7 (definition of e-marketing industry)
6
Repeal the definition.
7
3 Section 106
8
Omit "the e-marketing industry," (wherever occurring).
9
4 Sections 109A, 110A and 111A
10
Repeal the sections.
11
5 Subsection 112(1A)
12
Repeal the subsection.
13
6 Subsection 112(2)
14
Omit "the e-marketing industry,".
15
7 Subsection 112(3B)
16
Repeal the subsection.
17
8 Subsection 113(2)
18
Omit "the e-marketing industry,".
19
9 Paragraph 117(1)(a)
20
Omit "the e-marketing industry,".
21
10 Paragraph 117(1)(b)
22
Omit "e-marketing activities,".
23
11 Subparagraph 117(1)(k)(iii)
24
Omit "the e-marketing industry,".
25
E-marketing Schedule 4
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
81
12 Subsection 118(1)
1
Omit "the e-marketing industry,".
2
13 Paragraph 118(1)(a)
3
Omit "e-marketing activities,".
4
14 Subsection 118(3)
5
Omit "the e-marketing industry,".
6
15 Paragraph 118(4A)(c)
7
Omit "the e-marketing industry,".
8
16 Section 119 (heading)
9
Repeal the heading, substitute:
10
119 Publication of notice where no body or association represents a
11
section of the telecommunications industry, the
12
telemarketing industry or the fax marketing industry
13
17 Subsection 119(1)
14
Omit "the e-marketing industry,".
15
18 Paragraph 119(1)(b)
16
Omit "e-marketing activities,".
17
19 Subparagraph 119A(1)(b)(i)
18
Omit "the e-marketing industry,".
19
20 Subparagraph 119A(1)(b)(ii)
20
Omit "e-marketing activities,".
21
21 Subparagraph 119A(1)(k)(iii)
22
Omit "the e-marketing industry,".
23
22 Paragraph 121(1)(a)
24
Omit "the e-marketing industry,".
25
Schedule 4 E-marketing
82
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
23 Subsection 122(1)
1
Omit "the e-marketing industry,".
2
24 Subparagraph 123(1)(a)(i)
3
Omit "the e-marketing industry,".
4
25 Subparagraph 123(1)(a)(ii)
5
Omit "e-marketing activities,".
6
26 Paragraph 124(1)(a)
7
Omit "the e-marketing industry,".
8
27 Subparagraph 124(1)(c)(ii)
9
Omit "e-marketing activities,".
10
28 Subparagraph 125(1)(a)(i)
11
Omit "the e-marketing industry,".
12
29 Subparagraph 125(1)(a)(ii)
13
Omit "e-marketing activities,".
14
30 Subsection 125(7)
15
Omit "the e-marketing industry,".
16
31 Subsection 125(7)
17
Omit "e-marketing activities,".
18
32 Subsections 128(1) and 129(1)
19
Omit "the e-marketing industry,".
20
33 Section 130
21
Omit "the e-marketing industry,".
22
34 Paragraphs 130(a) and (b)
23
Omit "e-marketing activities,".
24
Record-keeping requirements Schedule 5
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
83
Schedule 5
--Record-keeping requirements
1
2
Australian Communications and Media Authority Act 2005
3
1 Paragraph 57(e)
4
Omit "period; and", substitute "period.".
5
2 Paragraph 57(f)
6
Repeal the paragraph.
7
Telecommunications Act 1997
8
3 Subparagraph 306(1)(b)(i)
9
Repeal the subparagraph, substitute:
10
(i) section 280, 286, 287, 288 or 292 of this Act; or
11
4 Section 308
12
Repeal the section.
13
Schedule 6 Pre-selection
84
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Schedule 6
--Pre-selection
1
2
Telecommunications Act 1997
3
1 Section 5
4
Omit:
5
•
The ACMA must require certain carriers and carriage service
6
providers to provide pre-selection in favour of carriage
7
service providers.
8
substitute:
9
•
The ACMA may require certain carriers and carriage service
10
providers to provide pre-selection in favour of carriage service
11
providers in relation to calls made using a standard telephone
12
service.
13
•
The ACMA must require certain carriers and carriage service
14
providers to provide pre-selection in favour of carriage service
15
providers in relation to calls made using a declared carriage
16
service.
17
2 Subsections 22(1) and (4)
18
After "30,", insert "349,".
19
3 Section 348
20
Omit:
21
•
The ACMA must require certain carriers and carriage service
22
providers to provide pre-selection in favour of carriage service
23
providers.
24
substitute:
25
•
The ACMA may require certain carriers and carriage service
26
providers to provide pre-selection in favour of carriage service
27
Pre-selection Schedule 6
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
85
providers in relation to calls made using a standard telephone
1
service.
2
•
The ACMA must require certain carriers and carriage service
3
providers to provide pre-selection in favour of carriage service
4
providers in relation to calls made using a declared carriage
5
service.
6
4 Subsection 349(1)
7
Omit "must", substitute "may".
8
5 Subsection 349(1)
9
Omit "a standard" (wherever occurring), substitute "an eligible
10
standard".
11
6 After subsection 349(5)
12
Insert:
13
(5A) A reference in this section to a standard telephone service does not
14
include a reference to a service that:
15
(a) is supplied using:
16
(i) a designated radiocommunications facility owned or
17
operated by a carrier or carriage service provider; and
18
(ii) a line that runs directly between the facility and the
19
premises occupied or used by an end-user; and
20
(b) if an instrument is in force under subsection (5B)--satisfies
21
the conditions set out in the instrument.
22
(5B) The Minister may, by legislative instrument, set out conditions for
23
the purposes of paragraph (5A)(b).
24
7 At the end of section 349
25
Add:
26
(9) The ACMA must take all reasonable steps to ensure that a
27
determination is in force under subsection (1) at all times before
28
the start of the designated day (within the meaning of
29
section 577A).
30
Schedule 6 Pre-selection
86
Telecommunications Legislation Amendment (Deregulation) Bill 2014
No. , 2014
Eligible standard telephone service
1
(10) For the purposes of this section, eligible standard telephone
2
service means a standard telephone service that is supplied using a
3
local access line (other than an exempt line) to premises occupied
4
or used by an end-user, where:
5
(a) the local access line forms part of the infrastructure of:
6
(i) a public switched telephone network (other than a
7
designated network) that was in existence immediately
8
before the commencement of this subsection (even if it
9
is subsequently extended); or
10
(ii) an integrated services digital network (other than a
11
designated network) that was in existence immediately
12
before the commencement of this subsection (even if it
13
is subsequently extended); or
14
(iii) a telecommunications network specified in an
15
instrument in force under subsection (11); or
16
(b) the following conditions are satisfied:
17
(i) the service is a public switched telephone service
18
supplied by a carriage service provider;
19
(ii) the local access line is part of the infrastructure of a
20
designated network (other than a hybrid fibre-coaxial
21
network);
22
(iii) the carriage service provider is in a position to exercise
23
control over the designated network;
24
(iv) such other conditions (if any) as are set out in an
25
instrument in force under subsection (11A); or
26
(c) the following conditions are satisfied:
27
(i) the service is an integrated services digital service
28
supplied by a carriage service provider;
29
(ii) the local access line is part of the infrastructure of a
30
designated network (other than a hybrid fibre-coaxial
31
network);
32
(iii) the carriage service provider is in a position to exercise
33
control over the designated network;
34
(iv) such other conditions (if any) as are set out in an
35
instrument in force under subsection (11B); or
36
(d) the following conditions are satisfied:
37
Pre-selection Schedule 6
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
87
(i) the service is a PSTN pass-through service supplied in
1
conjunction with a telecommunications network
2
covered by paragraph (b) of the definition of optical
3
fibre network in subsection (16);
4
(ii) such other conditions (if any) as are set out in an
5
instrument in force under subsection (11C).
6
(11) The Minister may, by legislative instrument, specify a
7
telecommunications network for the purposes of
8
subparagraph (10)(a)(iii).
9
(11A) The Minister may, by legislative instrument, set out one or more
10
conditions for the purposes of subparagraph (10)(b)(iv).
11
(11B) The Minister may, by legislative instrument, set out one or more
12
conditions for the purposes of subparagraph (10)(c)(iv).
13
(11C) The Minister may, by legislative instrument, set out one or more
14
conditions for the purposes of subparagraph (10)(d)(ii).
15
Exempt line
16
(12) For the purposes of this section, exempt line means a line specified
17
in an instrument in force under subsection (13).
18
(13) The Minister may, by legislative instrument, specify a line for the
19
purposes of subsection (12).
20
Designated network
21
(14) For the purposes of this section, designated network means:
22
(a) an optical fibre network; or
23
(b) a hybrid fibre-coaxial network; or
24
(c) a telecommunications network specified in an instrument in
25
force under subsection (15).
26
(15) The Minister may, by legislative instrument, specify a
27
telecommunications network for the purposes of paragraph (14)(c).
28
(15A) For the purposes of this section:
29
(a) the question of whether a carriage service provider is in a
30
position to exercise control over a designated network is to
31
be determined under Division 7 of Part 33; and
32
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(b) in determining that question for a carriage service provider
1
other than Telstra, that Division applies in relation to the
2
carriage service provider in a corresponding way to the way
3
in which that Division applies in relation to Telstra.
4
Review of determination
5
(15B) The ACMA must:
6
(a) conduct a review of whether a determination in force under
7
subsection (1) of this section should be varied or revoked;
8
and
9
(b) do so at least 2 months before the start of the designated day
10
(within the meaning of section 577A).
11
Definitions
12
(16) In this section:
13
integrated services digital network has the meaning generally
14
accepted within the telecommunications industry immediately
15
before the commencement of this subsection.
16
integrated services digital service has the meaning generally
17
accepted within the telecommunications industry immediately
18
before the commencement of this subsection.
19
local access line has the same meaning as in section 141D.
20
non-optical-fibre cable means a line other than an optical fibre
21
line.
22
optical fibre network means:
23
(a) a telecommunications network the line component of which
24
consists of optical fibre lines; or
25
(b) a telecommunications network the line component of which
26
consists of optical fibre lines to connecting nodes,
27
supplemented by either or both of the following:
28
(i) non-optical-fibre cable connections from the nodes to
29
premises occupied or used by end-users;
30
(ii) non-optical-fibre cable connections from the nodes to
31
main distribution frames, and non-optical-fibre cable
32
connections from main distribution frames to premises
33
occupied or used by end-users.
34
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89
PSTN pass-through service has the meaning generally accepted
1
within the telecommunications industry immediately before the
2
commencement of this subsection.
3
public switched telephone network has the meaning generally
4
accepted within the telecommunications industry immediately
5
before the commencement of this subsection.
6
public switched telephone service has the meaning generally
7
accepted within the telecommunications industry immediately
8
before the commencement of this subsection.
9
8 Subsection 352(1)
10
Omit "by notice in the Gazette", substitute "by writing".
11
9 At the end of section 352
12
Add:
13
(5) The ACMA must publish a copy of a declaration under this section
14
on the ACMA's website.
15
(6) A declaration under this section is not a legislative instrument if:
16
(a) the declaration specifies a carrier by name; or
17
(b) the declaration specifies a carriage service provider by name.
18
(7) A declaration under this section is a legislative instrument if:
19
(a) the declaration specifies a class of carriers; or
20
(b) the declaration specifies a class of carriage service providers.
21
10 Transitional
--determinations under subsection 349(1) of
22
the Telecommunications Act 1997
23
Scope
24
(1)
This item applies to a determination that:
25
(a) was made under subsection 349(1) of the
26
Telecommunications Act 1997; and
27
(b) was in force immediately before the commencement of this
28
item.
29
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No. , 2014
Continuity of determination
1
(2)
The amendments made by this Schedule do not affect the continuity of
2
the determination.
3
(3)
Subitem (2) has effect subject to subitem (4).
4
Modification of determination
5
(4)
The determination does not apply to a standard telephone service unless
6
the service is an eligible standard telephone service (within the meaning
7
of section 349 of the Telecommunications Act 1997 as amended by this
8
Schedule).
9
11 Transitional
--determinations under subsection 349(2) of
10
the Telecommunications Act 1997
11
Scope
12
(1)
This item applies to a determination that:
13
(a) was made under subsection 349(2) of the
14
Telecommunications Act 1997; and
15
(b) was in force immediately before the commencement of this
16
item.
17
Modification of determination
18
(2)
The determination does not apply to a declared carriage service unless
19
the service is supplied using a local access line (other than an exempt
20
line) to premises occupied or used by an end-user, where:
21
(a) the local access line forms part of the infrastructure of:
22
(i) a public switched telephone network (other than a
23
designated network) that was in existence immediately
24
before the commencement of this item (even if it is
25
subsequently extended); or
26
(ii) an integrated services digital network (other than a
27
designated network) that was in existence immediately
28
before the commencement of this item (even if it is
29
subsequently extended); or
30
(iii) a telecommunications network specified in an
31
instrument in force under subsection 349(11) of the
32
Telecommunications Act 1997; or
33
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Telecommunications Legislation Amendment (Deregulation) Bill 2014
91
(b) the following conditions are satisfied:
1
(i) the service is a public switched telephone service
2
supplied by a carriage service provider;
3
(ii) the local access line is part of the infrastructure of a
4
designated network (other than a hybrid fibre-coaxial
5
network);
6
(iii) the carriage service provider is in a position to exercise
7
control over the designated network;
8
(iv) such other conditions (if any) as are set out in an
9
instrument in force under subsection 349(11A) of the
10
Telecommunications Act 1997; or
11
(c) the following conditions are satisfied:
12
(i) the service is an integrated services digital service
13
supplied by a carriage service provider;
14
(ii) the local access line is part of the infrastructure of a
15
designated network (other than a hybrid fibre-coaxial
16
network);
17
(iii) the carriage service provider is in a position to exercise
18
control over the designated network;
19
(iv) such other conditions (if any) as are set out in an
20
instrument in force under subsection 349(11B) of the
21
Telecommunications Act 1997; or
22
(d) the following conditions are satisfied:
23
(i) the service is a PSTN pass-through service supplied in
24
conjunction with a telecommunications network
25
covered by paragraph (b) of the definition of optical
26
fibre network in subsection 349(16) of the
27
Telecommunications Act 1997;
28
(ii) such other conditions (if any) as are set out in an
29
instrument in force under subsection 349(11C) of the
30
Telecommunications Act 1997.
31
(3)
The determination does not apply to a declared carriage service if the
32
service:
33
(a) is supplied using:
34
(i) a designated radiocommunications facility owned or
35
operated by a carrier or carriage service provider; and
36
(ii) a line that runs directly between the facility and the
37
premises occupied or used by an end-user; and
38
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(b) if an instrument is in force under subitem (4)--satisfies the
1
conditions set out in the instrument.
2
(4)
The Minister may, by legislative instrument, set out conditions for the
3
purposes of paragraph (3)(b).
4
(5)
An expression used in subitem (2) has the same meaning as in
5
section 349 of the Telecommunications Act 1997 as amended by this
6
Schedule.
7
12 Application
--declaration under subsection 352(1) of the
8
Telecommunications Act 1997
9
The amendments of section 352 of the Telecommunications Act 1997
10
made by this Schedule apply in relation to a declaration made after the
11
commencement of this item.
12
Telecommunications Industry Ombudsman Schedule 7
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
93
Schedule 7
--Telecommunications Industry
1
Ombudsman
2
3
Telecommunications (Consumer Protection and Service
4
Standards) Act 1999
5
1 Subsection 119(6)
6
Omit "in the Gazette", substitute "on the Department's website".
7
2 Subsection 129(1)
8
Omit "by notice in the Gazette", substitute "by writing".
9
3 At the end of section 129
10
Add:
11
(5) The ACMA must publish a copy of a declaration under this section
12
on the ACMA's website.
13
(6) A declaration under this section is not a legislative instrument if:
14
(a) the declaration specifies a carrier by name; or
15
(b) the declaration specifies an eligible carriage service provider
16
by name.
17
(7) A declaration under this section is a legislative instrument if:
18
(a) the declaration specifies a class of carriers; or
19
(b) the declaration specifies a class of eligible carriage service
20
providers.
21
4 Subsection 131(1)
22
Omit "may make a written determination", substitute "may, by
23
legislative instrument, determine".
24
5 Subsection 131(2)
25
Repeal the subsection.
26
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No. , 2014
6 Application
--notice under subsection 119(6) of the
1
Telecommunications (Consumer Protection and
2
Service Standards) Act 1999
3
The amendment of subsection 119(6) of the Telecommunications
4
(Consumer Protection and Service Standards) Act 1999 made by this
5
Schedule does not apply in relation to a notice if a copy of the notice
6
was published under that subsection before the commencement of this
7
item.
8
7 Application
--declaration under subsection 129(1) of the
9
Telecommunications (Consumer Protection and
10
Service Standards) Act 1999
11
The amendments of section 129 of the Telecommunications (Consumer
12
Protection and Service Standards) Act 1999 made by this Schedule
13
apply in relation to a declaration made after the commencement of this
14
item.
15
Customer service guarantee Schedule 8
No. , 2014
Telecommunications Legislation Amendment (Deregulation) Bill 2014
95
Schedule 8
--Customer service guarantee
1
2
Telecommunications (Consumer Protection and Service
3
Standards) Act 1999
4
1 Subsection 117A(3)
5
Omit "to accept, or not to accept,", substitute "not to accept".
6
2 Application
--notification under subsection 117A(3) of the
7
Telecommunications (Consumer Protection and
8
Service Standards) Act 1999
9
The amendment of subsection 117A(3) of the Telecommunications
10
(Consumer Protection and Service Standards) Act 1999 made by this
11
Schedule applies in relation to a decision made after the commencement
12
of this item.
13