Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) AMENDMENT ACT (NO. 2) 2000 NO. 142, 2000 - SCHEDULE 2

1 Application of repealed Part 2

2 Things done under repealed Part 2

(1) If:

(a)

something was done (other than something covered by item 3), before this Act received the Royal Assent, under or for the purposes of a provision of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and

(b)

immediately after the repeal and substitution of that Part by Schedule 1 to this Act, there is a provision in that Part that requires or allows the same, or an equivalent, thing to be done;

(2) If the thing would have been done by another person or body, had it been done after the commencement of Schedule 1, then it is taken to have been done by that other person or body for the purposes of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

3 Effect of instruments made under repealed Part 2

(1) For the purposes of this item, an eligible instrument means regulations, a declaration, a determination, a direction, a notice or any other instrument that was:

(a)

made or given under a provision (the original provision ) of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 in the table in subitem (3), or made or given for the purposes of such a provision; and

(b)

in force immediately before this Act received the Royal Assent.

(2) Despite the repeal and substitution of that Part by Schedule 1 to this Act, an eligible instrument has effect, after that Schedule commences, as if:

(a)

it had been made or given under, or for the purposes of, the equivalent provision of that Part in the table in subitem (3); and

(b)

any requirement for the making or giving of the eligible instrument had been satisfied.

(3) This table sets out the original provisions, and their equivalent provisions, of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

4 References to certain terms in eligible instruments

(1) For the purposes of this item, an eligible instrument means regulations, a declaration, a determination, a direction, a notice or any other instrument that:

(a)

was in force immediately before this Act received the Royal Assent; and

(b)

contains a reference to a term the definition of which is repealed by this Act.

(2) For the purposes of the amendments made by Schedule 1 to this Act, the Minister or the ACA may determine in writing that a specified eligible instrument has effect, after that Schedule commences, as if a reference in the instrument to a specified term were a reference to another specified term.

Note: An instrument may be specified by name, by inclusion in a specified class or in any other way.

5 Treatment of draft universal service plans

(1) This item applies to a draft universal service plan given to the Minister under Division 4 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 , that the Minister has neither approved nor refused to approve, before this Act received the Royal Assent.
(2) To the extent that the draft contains statements of the policy that the universal service provider concerned will apply in supplying equipment, goods or services, the draft is, after Schedule 1 to this Act commences, taken to be a draft policy statement for the purposes of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .
(3) The remainder of the draft is, after Schedule 1 commences, taken to be a draft standard marketing plan for the purposes of that Act.

6 Treatment of approved universal service plans

(1) This item applies to an approved universal service plan under Division 4 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that was in force immediately before this Act received the Royal Assent.
(2) To the extent that the plan contains statements of the policy that the universal service provider concerned will apply in supplying equipment, goods or services, the plan is, after Schedule 1 to this Act commences, taken to be an approved policy statement for the purposes of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .
(3) The remainder of the plan is, after Schedule 1 commences, taken to be an approved standard marketing plan for the purposes of that Act.

6A ACA advice under section 16A

7 Meaning of eligible person

(a)

a universal service provider;

(b)

a digital data service provider;

(c)

a participating carrier.

Note: Section 22A of that Act deals with requests for information.

8 Application of requirement to maintain Register/s

(1) Section 23 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which requires the ACA to maintain a Register or Registers) does not apply to the ACA until:

(a)

3 months after the day on which this Act receives the Royal Assent; or

(b)

such later day as the Minister determines in writing for the purposes of this paragraph.

(2) A copy of a determination made for the purposes of paragraph (1)(b) must be published in the Gazette .

9 Transitional regulations