Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 19A

(a) to ensure that one or other of the following:

(i) general digital data services;

(ii) special digital data services;

are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

(b) to ensure that general digital data services are reasonably accessible to at least 96% of the Australian population on an equitable basis; and

(c) to ensure that special digital data services are reasonably accessible to the remainder of the Australian population on an equitable basis.

(2) For the purposes of this Act, the general digital data service obligation is the obligation to ensure that general digital data services are reasonably accessible to all people in general digital data service areas on an equitable basis.

(3) To the extent necessary to achieve the general digital data service obligation, it is part of that obligation to supply general digital data services to people in general digital data service areas on request.

Special digital data service obligation

(4) For the purposes of this Act, the special digital data service obligation is the obligation to ensure that special digital data services are reasonably accessible to all people in special digital data service areas on an equitable basis.

(5) To the extent necessary to achieve the special digital data service obligation, it is part of that obligation to supply special digital data services to people in special digital data service areas on request.

Supply of customer equipment or other goods or services

(6) An obligation does not arise under subsection (3) in relation to particular equipment, goods or services the supply of which is treated under subsection 14A(1) as the supply of a general digital data service if the customer concerned requests not to be supplied with the equipment, goods or services.

(7) An obligation does not arise under subsection (5) in relation to particular equipment, goods or services the supply of which is treated under subsection 14A(5) as the supply of a special digital data service if the customer concerned requests not to be supplied with the equipment, goods or services.

Rebate system

(8) The regulations may provide that:

(a) an obligation that arises under subsection (3) in relation to particular customer equipment the supply of which is treated under subsection 14A(1) as the supply of a general digital data service; or

(b) an obligation that arises under subsection (5) in relation to particular customer equipment the supply of which is treated under subsection 14A(5) as the supply of a special digital data service;

(c) the customer acquires or hires the equipment from a third person; and

(d) the customer is entitled to a rebate from the first-mentioned person in respect of that acquisition or hire; and

(e) the amount of the rebate is equal to the amount ascertained in accordance with the regulations; and

(f) the liability to pay the rebate has been discharged; and

(g) the entitlement to the rebate complies with such requirements, restrictions and conditions (if any) as are specified in the regulations.

(10) Subsection (9) does not, by implication, limit subsection (8).