Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 12EI

Directions by the ACMA about the removal of payphones

Scope

  (1)   This section applies if:

  (a)   a primary universal service provider has made a decision to remove a payphone from a particular location; and

  (b)   a person notifies the ACMA, in writing, that the person objects to the removal; and

  (c)   the ACMA is satisfied that:

  (i)   the removal would breach, or has breached, a determination under subsection   12EF(1); or

  (ii)   the provider has breached a determination under subsection   12EG(1) in relation to the removal.

Direction

  (2)   If the payphone has not been removed, the ACMA may, by written notice given to the provider, direct the provider not to remove the payphone from that location.

  (3)   If the payphone has been removed, the ACMA may, by written notice given to the provider, direct the provider:

  (a)   to supply and install a payphone at that location; and

  (b)   to do so within the period specified in the notice.

  (4)   A period specified under paragraph   (3)(b) must not be shorter than 30 days after the notice is given.

  (5)   A direction under subsection   (2) or (3) must not be inconsistent with a determination under subsection   12EF(1).

Compliance

  (6)   A primary universal service provider must comply with a direction under subsection   (2) or (3).

Direction is not a legislative instrument

  (7)   A direction under subsection   (2) or (3) is not a legislative instrument.



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