Commonwealth Consolidated Acts Commonwealth Consolidated ActsStandards
(1) The Minister may, by legislative instrument, determine standards to be complied with by statutory infrastructure providers in relation to any or all of the following matters:
(a) the terms and conditions (whether or not relating to price or a method of ascertaining price) of the supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end - user at premises in a relevant service area;
(b) the reliability of such an eligible service supplied to a carriage service provider;
(c) the maximum period within which a statutory infrastructure provider must begin to supply such an eligible service following the making of a request by a carriage service provider;
(d) the maximum period within which a statutory infrastructure provider must rectify a fault or service difficulty relating to such an eligible service following the making of a report by a carriage service provider about the fault or service difficulty;
(e) any other matter concerning the supply, or proposed supply, of such an eligible service to a carriage service provider;
(f) the maximum period within which the statutory infrastructure provider must connect premises in a relevant service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end - user at the premises, following the making of a request by the carriage service provider on behalf of the end - user;
(g) any other matter concerning the connection of premises in a relevant service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end - user at the premises.
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 2: See also section 589 (instruments under this Act may provide for matters by reference to other instruments).
(2) A determination under subsection (1) may be of general application or may be limited as provided in the determination.
(3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901 .
(3A) Standards determined under subsection (1) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
(3B) A determination under subsection (1) may declare that a specified standard set out in the determination is a designated compensable standard for the purposes of this Part.
(3C) A determination under subsection (1) may declare that a specified number of days is the relevant number of days for the purposes of the application of subsection 360VE(1) to a specified designated compensable standard.
(3D) Subsection (1) does not, by implication, limit the power to make rules under subsection 360V(1).
Compliance with standards
(4) A statutory infrastructure provider must comply with a standard determined under subsection (1).
(5) However, a statutory infrastructure provider is not required to comply with a standard determined under subsection (1) to the extent that the standard is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as:
(a) the agreement was entered into before the commencement of the standard; and
(b) the agreement has not been varied after the commencement of the standard.
Performance benchmarks
(6) The Minister may, by legislative instrument, set minimum benchmarks in relation to compliance by a statutory infrastructure provider with a standard determined under subsection (1).
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 2: See also section 589 (instruments under this Act may provide for matters by reference to other instruments).
(7) An instrument under subsection (6) may be of general application or may be limited as provided in the instrument.
(8) Subsection (7) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901 .
(8A) Benchmarks set under subsection (6) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
Provider must meet or exceed performance benchmarks
(9) A statutory infrastructure provider must meet or exceed a minimum benchmark set by an instrument under subsection (6).
(10) However, a statutory infrastructure provider is not required to comply with a benchmark set under subsection (6) to the extent that the benchmark is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as:
(a) the agreement was entered into before the commencement of the benchmark; and
(b) the agreement has not been varied after the commencement of the benchmark.
Other benchmarks
(11) The Minister may, by legislative instrument, set minimum benchmarks that must be complied with by statutory infrastructure providers in relation to either or both of the following matters:
(a) the supply or proposed supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end - user at premises in a relevant service area;
(b) the connection of premises in a relevant service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end - user at the premises.
Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 2: See also section 589 (instruments under this Act may provide for matters by reference to other instruments).
(12) An instrument under subsection (11) may be of general application or may be limited as provided in the instrument.
(13) Subsection (12) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901 .
(14) Benchmarks set under subsection (11) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.
Provider must meet or exceed other benchmarks
(15) A statutory infrastructure provider must meet or exceed a minimum benchmark set by an instrument under subsection (11).
(16) However, a statutory infrastructure provider is not required to comply with a benchmark set under subsection (11) to the extent that the benchmark is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as:
(a) the agreement was entered into before the commencement of the benchmark; and
(b) the agreement has not been varied after the commencement of the benchmark.