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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) AMENDMENT ACT (NO. 2) 2000 NO. 142, 2000 - SCHEDULE 3

- Consequential and other amendments

Telecommunications Act 1997

1 Section 7 (paragraphs (i) and (j) of the definition of civil penalty provision)

Repeal the paragraphs.

2 Section 66

Repeal the section.

3 Paragraph 105(3)(e)

Repeal the paragraph, substitute:

(e)
the adequacy of compliance with obligations under Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

4 Paragraph 105(3)(ea)

Repeal the paragraph, substitute:

(ea)
the operation of Parts 2 and 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

5 After paragraph (1)(j) of Schedule 4

Insert:

(ja)
a decision of a kind referred to in subsection 23D(3) (which deals with remission of late payment penalty) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

(jb)
a decision of a kind referred to in subsection 101A(3) (which deals with remission of late payment penalty) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

Telecommunications (Consumer Protection and Service Standards) Act 1999

6 Subsection 2(2)

Repeal the subsection, substitute:

(2)
Part 3 commences on 1 July 1999.

7 Application

Despite the repeal and substitution of subsection 2(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 made by item 6, that subsection continues to apply, after this item commences in relation to the financial year that ended on 30 June 2000, as if that repeal and substitution had not happened.

8 Subsection 5(2)

Repeal the subsection, substitute:

(2)
In this Act:

alternative telecommunications services , or ATS , in Part 2 has the meaning given by section 8E.

approved ATS marketing plan :

(a)
for a primary universal service provider has the meaning given by subsection 12P(2); and

(b)
for a competing universal service provider, or applicant for approval as a competing universal service provider, has the meaning given by subsection 13M(2).

approved digital data service plan means an approved digital data service plan under Subdivision B of Division 8 of Part 2.

approved policy statement :

(a)
for a primary universal service provider has the meaning given by subsection 12F(2); and

(b)
for a competing universal service provider, or applicant for approval as a competing universal service provider, has the meaning given by subsection 13F(2).

approved standard marketing plan :

(a)
for a primary universal service provider has the meaning given by subsection 12F(4); and

(b)
for a competing universal service provider, or applicant for approval as a competing universal service provider, has the meaning given by subsection 13F(4).

claim period in Part 2 has the meaning given by section 8D.

competing universal service provider has the meaning given by section 13A.

contestable service obligation has the meaning given by section 11C.

default arrangements has the meaning given by section 12.

digital data service has the meaning given by subsection 10E(1).

digital data service charge has the meaning given by section 19.

digital data service obligation has the meaning given by section 10.

digital data service provider means:

(a)
a general digital data service provider; or

(b)
a special digital data service provider.

draft ATS marketing plan :

(a)
for a primary universal service provider has the meaning given by subsection 12P(1); and

(b)
for a competing universal service provider, or applicant for approval as a competing universal service provider, has the meaning given by subsection 13M(1).

draft digital data service plan means a draft digital data service plan under Subdivision B of Division 8 of Part 2.

draft policy statement :

(a)
for a primary universal service provider has the meaning given by subsection 12F(1); and

(b)
for an applicant for approval as a competing universal service provider has the meaning given by subsection 13F(1).

draft standard marketing plan :

(a)
for a primary universal service provider has the meaning given by subsection 12F(3); and

(b)
for a competing universal service provider, or applicant for approval as a competing universal service provider, has the meaning given by subsection 13F(3).

eligible revenue for an eligible revenue period has the meaning given by section 20B.

eligible revenue period has the meaning given by section 20C.

general digital data service has the meaning given by subsection 10E(2).

general digital data service area has the meaning given by section 10H.

general digital data service obligation has the meaning given by section 10A.

general digital data service provider has the meaning given by subsection 15(1).

levy means levy imposed by the Telecommunications (Universal Service Levy) Act 1997 .

levy contribution factor has the meaning given by section 20H.

levy credit has the meaning given by subsection 20J(2).

levy debit has the meaning given by subsection 20R(2).

participating person for an eligible revenue period has the meaning given by section 20A.

primary universal service provider has the meaning given by section 12A.

service area has the meaning given by section 8C.

service obligation has the meaning given by section 9B.

special digital data service has the meaning given by subsection 10E(3).

special digital data service area has the meaning given by section 10J.

special digital data service obligation has the meaning given by section 10B.

special digital data service provider has the meaning given by subsection 15(2).

standard contestability arrangements has the meaning given by section 13.

standard telephone service has the meaning given by section 6.

Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.

Telecommunications Industry Ombudsman scheme means the scheme referred to in section 128.

this Act includes the regulations.

universal service area has the meaning given by section 9G.

universal service charge has the meaning given by section 18.

universal service obligation has the meaning given by section 9.

universal service provider has the meaning given by section 11A.

universal service subsidy has the meaning given by section 16.

9 Application

Despite the repeal and substitution of subsection 5(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 made by item 8, that subsection continues to apply, after this item commences in relation to the financial year that ended on 30 June 2000, as if that repeal and substitution had not happened.

10 Section 99

Repeal the section, substitute:

99 Persons liable to pay levy (taxpayers)

NRS levy is payable by each person who:

(a)
is a participating person for the last eligible revenue period that ends before the start of the quarter; and

(b)
is covered by the most recent levy assessment made before the start of the quarter.

Note: The most recent levy assessment is defined in section 101C.

11 Subsection 100(3) (definition of eligible revenue)

Repeal the definition, substitute:

eligible revenue , for a taxpayer for a quarter, means the taxpayer's eligible revenue as shown in the most recent levy assessment made before the start of the quarter.

Note: The most recent levy assessment is defined in section 101C.

12 At the end of Division 3 of Part 3

Add:

101A Penalty for late payment of levy

(1)
If any amount of levy that a person is liable to pay under section 99 remains unpaid after the day by which it must be paid, the person is liable to a penalty on the unpaid amount for each day until all of the levy has been paid.

(2)
The penalty rate is 20% per year, or such lower rate as the ACA determines in writing for the purposes of this subsection.

(3)
The ACA may remit the whole or part of a penalty that a person is liable to pay under subsection (2).

(4)
The penalty for a day is due and payable to the ACA at the end of that day and may be recovered by the ACA, on the Commonwealth's behalf, as a debt due to the Commonwealth.

(5)
Amounts of penalty received are to be paid into the Consolidated Revenue Fund.

(6)
If the amount of the penalty is not an amount of whole dollars, the penalty is rounded to the nearest dollar (rounding 50 cents upwards).

(7)
As soon as practicable after a person fails to pay an amount of levy by the time by which it must be paid, the ACA must, in writing, notify the person that the person is liable to a penalty under this section. However, a failure to do so does not affect the person's liability.

(8)
A determination made for the purposes of subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

101B Performance bonds and guarantees

(1)
The Minister may, by written determination, require a person who has a liability to pay levy, or an anticipated liability to pay levy, under section 99 to obtain, in accordance with the determination, performance bonds or guarantees in respect of the person's liability or anticipated liability.

(2)
The person must comply with the determination.

(3)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(4)
In this section:

performance bond has the meaning given by the determination.

13 At the end of Division 3 of Part 3

Add:

101C Meaning of most recent levy assessment

In this Division:

most recent levy assessment means the assessment most recently made by the ACA under one of the following sections:

(a)
section 193 of the Telecommunications Act 1997 as in force immediately before the commencement of item 15 of Schedule 4 to the Telecommunications Legislation Amendment Act 1999 ;

(b)
section 64 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 as in force immediately before the commencement of Schedule 1 to the Telecommunications (Consumer Protection and Service Standards) Amendment Act (No. 2) 2000 ;

(c)
section 20U of this Act.

14 After subsection 107(6)

Insert:

(6A)
However, subsection (6) does not apply if obligations arising under one or any combination of the following:

(a)
one or more agreements;

(b)
this Act or the Telecommunications Act 1997 ;

(c)
one or more disallowable instruments under this Act (other than regulations under subsection (2)) or the Telecommunications Act 1997 ;

have the effect of providing a scheme to give benefits of a kind mentioned in subsection (2).

15 After section 159

Insert:

159A Review of operation of Parts 2 and 5 of this Act

(1)
The Minister must cause a review of the operation of Parts 2 and 5 of this Act to be commenced within 3 years after the Telecommunications (Consumer Protection and Service Standards) Amendment Act (No. 2) 2000 receives the Royal Assent.

(1A)
The review must include an opportunity for the public to make written submissions.

(2)
The review must consider:

(a)
the operation of Parts 2 and 5; and

(b)
whether those Parts best promote the objects of this Act and of Part 2 (as set out in section 3 of the Telecommunications Act 1997 and section 8A of this Act; and

(ba)
whether the contestability regime, and the ability of providers to offer alternative telecommunications services, has resulted in an improvement in technologies and services available to people in rural and remote Australia compared with what is on offer to people in metropolitan Australia; and

(c)
any other matters the Minister considers relevant.

(3)
The Minister must cause a copy of a report of the review to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.


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