Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 8J

Initial declaration

  (1)   During the period of 24 months that began at the commencement of this section, the Minister must make either of the following declarations:

  (a)   a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;

  (b)   a declaration that the 24 - month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section.

  (2)   If:

  (a)   a declaration is made under paragraph   (1)(a) or (b); and

  (b)   the declaration is not in force as at the later of the following times:

  (i)   the end of the period of 26 months that began at the commencement of this section;

  (ii)   the start of the day immediately after the last day on which a resolution referred to in subsection   42(1) of the Legislation Act 2003 disallowing the declaration could be passed;

the 24 - month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section.

Subsequent declarations

  (3)   Before the end of the declaration deferral period, the Minister must make either of the following declarations:

  (a)   a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;

  (b)   a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to standard telephone services.

Criteria for making declaration

  (4)   The Minister must not make a declaration under paragraph   (1)(a) or (3)(a) unless:

  (a)   Telstra has entered into a contract under section   14; and

  (b)   the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(a); and

  (c)   the contract is in force; and

  (d)   neither party to the contract has given notice of termination of the contract; and

  (e)   the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to:

  (i)   Telstra's record of compliance with its obligations under the contract; and

  (ii)   the nature of Telstra's obligations under the contract; and

  (iii)   Telstra's record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph   9(1)(a); and

  (iv)   Telstra's record of compliance with its obligations under Part   5; and

  (v)   such other matters (if any) as the Minister considers relevant; and

  (f)   the Minister has obtained advice from:

  (i)   the ACMA; and

  (ii)   the Secretary;

    about the making of the declaration.

  (5)   Subparagraphs   (4)(e)(iii) and (iv) do not apply to an act, omission, matter or thing that occurs before the commencement of this section.

  (6)   Subsection   (4) does not limit the matters to which the Minister may have regard in making a declaration under this section.

Declarations

  (7)   A declaration under this section cannot be varied or revoked.

  (8)   A declaration under this section is a legislative instrument.