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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Consumer Protection and Service Standards) Amendment Bill (No. 1)
2000
No. ,
2000
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the
Telecommunications (Consumer Protection and Service Standards) Act 1999,
and for related purposes
ISBN:
0642 435855
Contents
Part 1—Amendments 3
Telecommunications (Consumer Protection and Service Standards) Act
1999 3
Part 2—Application and transitional
provisions 20
A Bill for an Act to amend the Telecommunications
(Consumer Protection and Service Standards) Act 1999, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Consumer Protection
and Service Standards) Amendment Act (No. 1) 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 commences, or is taken to have commenced, on
1 July 2000.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Telecommunications
(Consumer Protection and Service Standards) Act 1999
1 Subsection 5(2) (paragraph (a) of the
definition of universal service provider)
Omit “the”, substitute “a”.
2 Subsection 20(1)
Omit “is the”, substitute “is a”.
3 Subsection 20(1) (note)
Repeal the note.
4 Subsection 20(2)
Omit “is the”, substitute “is a”.
5 Subsection 20(2) (note)
Repeal the note.
6 After subsection 20(2)
Insert:
(2A) In deciding whether to make a declaration under subsection (1)
or (2) in relation to a person and an area, the Minister is not limited to
considering only the person’s suitability to provide the services that
must be provided to fulfil the universal service obligation.
(2B) If an agreement under section 56 or 57 of the Telstra
Corporation Act 1991 made between the Commonwealth and a person (including a
State or Territory) is expressed to also have effect for the purposes of this
subsection, the Minister is taken to have made (and to properly have made) a
declaration (the deemed declaration) under subsection (2)
that the person is a regional universal service provider for the service area
constituted by the area to which the agreement is expressed to apply. The deemed
declaration takes effect as follows:
(a) if there is a single commencement date (see subsection (2C)) for
the area—the deemed declaration takes effect on that commencement date;
or
(b) if there are different commencement dates for different parts of the
area—the deemed declaration takes effect for those different parts of the
area on those different dates.
(2C) The commencement date or dates for the area to which an agreement
referred to in subsection (2B) is expressed to apply is or are as
follows:
(a) if the agreement specifies a single date as the commencement date for
the area—subject to paragraph (c), the commencement date for the area
is the specified date;
(b) if the agreement specifies different dates as the commencement dates
for different parts of the area—subject to paragraph (c), the
commencement dates for those parts of the area are the dates so
specified;
(c) if a determination under subsection (2D) specifies a date as the
commencement date for the area, or part of the area—the commencement date
for the area, or the part of the area, as the case requires, is the date so
specified (regardless of any dates specified in the agreement).
A commencement date cannot be a date before the agreement is made or before
the commencement of this subsection.
(2D) The Minister may make a written determination specifying a date as
the commencement date for the area, or part of the area, to which an agreement
referred to in subsection (2B) is expressed to apply. A copy of the
determination must be published in the Gazette.
7 Subsections 20(4), (5), (6), (7) and
(8)
Repeal the subsections, substitute:
(4) A declaration under subsection (1) or (2) takes effect on the day
specified for the purpose in the declaration. That day must not be a day before
the declaration is made.
(5) A revocation of a declaration under subsection (1) or (2) takes
effect on the day specified for the purpose in the instrument of revocation.
That day must not be a day before the instrument is made.
8 Subsection 20(10)
Omit “A declaration under this section”, substitute
“Subject to subsection (10A), a declaration under subsection (1)
or (2)”.
9 After subsection 20(10)
Insert:
(10A) Subsection (10) does not apply to a declaration that the
Minister is taken by subsection (2B) to have made. Instead, a notice must
be published in the Gazette advising that the person concerned is a
regional universal service provider for the area concerned and of the relevant
commencement date or dates.
Note: Subsection (10) does however apply to a variation
or revocation of such a declaration.
10 Subsection 21(1)
Omit “The national universal service provider is the”,
substitute “A national universal service provider is a”.
11 Subsection 21(2)
Omit “is the”, substitute “is a”.
12 Subsection 21(2) (note)
Repeal the note, substitute:
Note: If a carrier that is the sole regional universal
service provider for a particular service area ceases to be a regional universal
service provider for that area and is not replaced as a regional universal
service provider for that area by another carrier, the carrier, or each carrier,
that is a national universal service provider automatically becomes a universal
service provider for that area.
13 Subsection 21(5)
Omit “The universal service provider”, substitute “A
universal service provider”.
14 Subsection 22(1)
Omit “the national universal service provider”, substitute
“a national universal service provider”.
15 At the end of subsection
22(1)
Add “(or any part of a specified financial year)”.
16 Subsection 22(4)
Repeal the subsection, substitute:
(4) If a system has been determined under this section, the Minister may
use that system for the purposes of deciding what carrier should be declared
under subsection 20(1) in a particular situation, or may make that decision on
some other basis.
17 At the end of subsection
23(1)
Add “(or any part of a specified financial year)”.
18 Subsection 23(4)
Repeal the subsection, substitute:
(4) If a system has been determined under this section, the Minister may
use that system for the purposes of deciding what carrier should be declared
under subsection 20(2) in a particular situation, or may make that decision on
some other basis.
19 After section 24
Insert:
(1) This section applies if:
(a) a person (the former provider) ceases to be a universal
service provider for a particular area (the relevant area)
and another person (the current provider) is declared, by
declaration that takes effect at the time of that cessation or within the next 6
months, to be a universal service provider for some or all of that area;
or
(b) a person (the former provider) ceases to be a universal
service provider for a particular area (the relevant area) and
another person (the current provider) who, before that cessation,
was also a universal service provider for some or all of that area continues
after that cessation to be a universal service provider for some or all of that
area.
Note: The declaration referred to in paragraph (a) may
be a declaration made before, at the same time as, or after the time when the
former provider ceases to be a universal service provider.
(2) The current provider may, by written notice given to the former
provider, require the former provider to give to the current provider specified
information of the kind referred to in subsection (3). A notice of this
kind cannot be given more than 6 months after:
(a) if paragraph (1)(a) applies:
(i) the later of the day on which the declaration referred to in
paragraph (1)(a) was made and the day on which that declaration takes
effect; or
(ii) if both of those things happen on the same day—that day;
or
(b) if paragraph (1)(b) applies—the day on which the former
provider ceases to be a universal service provider for the relevant
area.
Note: If paragraph (1)(a) applies, a notice under this
subsection may be given by the current provider even if the declaration referred
to in that paragraph has not yet taken effect.
(3) The information that may be required to be given must be information
that will assist the current provider in doing something that the current
provider is or will be required or permitted to do by or under a provision of
this Part. The notice must identify the doing of that thing as the purpose for
which the information is required.
Note 1: If, for example, information about service location
and customer contact details will assist the current provider in fulfilling its
obligation under subsection 21(5), the former provider may be required to
provide that kind of information.
Note 2: See also subsection (5), which allows the
Minister to determine that a specified kind of information is information
referred to in this subsection.
(4) If a requirement made by a notice under subsection (2) is
reasonable, the former provider must comply with the requirement as soon as
practicable after receiving the notice. However, if the requirement is
unreasonable, the former provider does not have to comply with it.
(5) The Minister may make a written determination to the effect that,
either generally or in a particular case, information of a kind specified in the
determination is taken to be information that will assist a person in doing a
specified thing that the person is or will be required or permitted to do by or
under a provision of this Part. The determination has effect
accordingly.
(6) A determination under subsection (5) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
20 Subsection 25(1)
Repeal the subsection, substitute:
(1) For the purposes of this section, there is a multiple provider
situation if there are 2 or more national universal service
providers.
21 Subsection 25(2)
Omit all the words from and including “The regulations” to and
including “any such declared provider,”, substitute “The
regulations may authorise the Minister to declare that this Act has effect, in
relation to a provider in a multiple provider situation,”.
22 Subsection 25(2)
Omit “2 or more declared providers”, substitute “2 or
more of the providers”.
23 Subsection 25(3)
Omit “this section”, substitute “regulations referred to
in subsection (2)”.
24 Subsection 25(4)
Omit “any such declared providers”, substitute “any of
the providers in a multiple provider situation”.
25 Subsection 26(1)
Repeal the subsection, substitute:
(1) For the purposes of this section, there is a multiple provider
situation if there are 2 or more regional universal service providers
for all or part of the same area.
26 Subsection 26(2)
Omit all the words from and including “The regulations” to and
including “any such declared provider,”, substitute “The
regulations may authorise the Minister to declare that this Act has effect, in
relation to a provider in a multiple provider situation,”.
27 Subsection 26(2)
Omit “2 or more declared providers”, substitute “2 or
more of the providers”.
28 Subsection 26(3)
Omit “this section”, substitute “regulations referred to
in subsection (2)”.
29 Subsection 26(4)
Omit “any such declared providers”, substitute “any of
the providers in a multiple provider situation”.
30 Subsection 26A(1)
After “carrier”, insert “or carriage service
provider”.
31 Subsection 26A(1) (note)
Repeal the note.
32 Subsection 26A(2)
After “carrier”, insert “or carriage service
provider”.
33 Subsection 26A(2) (note)
Repeal the note.
34 After subsection 26A(2)
Insert:
(2A) In deciding whether to make a declaration under subsection (1)
or (2) in relation to a person and an area, the Minister is not limited to
considering only the person’s suitability to provide the service that must
be provided to fulfil the general or special digital data service obligation (as
the case requires).
35 Subsections 26A(4), (5), (6) and
(7)
Repeal the subsections, substitute:
(4) A declaration under subsection (1) or (2) takes effect on the day
specified for the purpose in the declaration. That day must not be a day before
the declaration is made.
(5) A revocation of a declaration under subsection (1) or (2) takes
effect on the day specified for the purpose in the instrument of revocation.
That day must not be a day before the instrument is made.
36 After subsection 26A(8)
Insert:
(8A) If:
(a) a declaration is in force under subsection (1) or (2) in relation
to a particular carriage service provider that is not a carrier; and
(b) at a particular time, the carriage service provider ceases to be such
a provider;
the declaration ceases to be in force at that time.
37 Before subsection 26C(1)
Insert:
(1A) In this section, a reference to an eligible person is a
reference to a carrier or a carriage service provider.
38 Subsection 26C(1)
Omit “carriers”, substitute “eligible
persons”.
39 At the end of subsection
26C(1)
Add “(or any part of a specified financial year)”.
40 Subsection 26C(2)
Omit “carrier”, substitute “eligible
person”.
41 Paragraphs 26C(2)(a) and
(b)
Omit “carrier’s”, substitute
“person’s”.
42 Subsection 26C(4)
Repeal the subsection, substitute:
(4) If a system has been determined under this section, the Minister may
use that system for the purposes of deciding what eligible person should be
declared under subsection 26A(1) in a particular situation, or may make that
decision on some other basis.
43 Before subsection 26D(1)
Insert:
(1A) In this section, a reference to an eligible person is a
reference to a carrier or a carriage service provider.
44 Subsection 26D(1)
Omit “carriers”, substitute “eligible
persons”.
45 At the end of subsection
26D(1)
Add “(or any part of a specified financial year)”.
46 Subsection 26D(2)
Omit “carrier”, substitute “eligible
person”.
47 Paragraphs 26D(2)(a) and
(b)
Omit “carrier’s”, substitute
“person’s”.
48 Subsection 26D(4)
Repeal the subsection, substitute:
(4) If a system has been determined under this section, the Minister may
use that system for the purposes of deciding what eligible person should be
declared under subsection 26A(2) in a particular situation, or may make that
decision on some other basis.
49 After section 26E
Insert in Division 3 of Part 2:
(1) This section applies if:
(a) a person (the former provider) ceases to be a digital
data service provider for a particular area (the relevant
area) and another person (the current
provider) is declared, by declaration that takes effect at the time of
that cessation or within the next 6 months, to be a digital data service
provider for some or all of that area; or
(b) a person (the former provider) ceases to be a digital
data service provider for a particular area (the relevant area)
and another person (the current provider) who, before that
cessation, was also a digital data service provider for some or all of that area
continues after that cessation to be a digital data service provider for some or
all of that area.
Note: The declaration referred to in paragraph (a) may
be a declaration made before, at the same time as, or after the time when the
former provider ceases to be a digital data service provider.
(2) The current provider may, by written notice given to the former
provider, require the former provider to give to the current provider specified
information of the kind referred to in subsection (3). A notice of this
kind cannot be given more than 6 months after:
(a) if paragraph (1)(a) applies:
(i) the later of the day on which the declaration referred to in
paragraph (1)(a) was made and the day on which that declaration takes
effect; or
(ii) if both of those things happen on the same day—that day;
or
(b) if paragraph (1)(b) applies—the day on which the former
provider ceases to be a digital data service provider for the relevant
area.
Note: If paragraph (1)(a) applies, a notice under this
subsection may be given by the current provider even if the declaration referred
to in that paragraph has not yet taken effect.
(3) The information that may be required to be given must be information
that will assist the current provider in doing something that the current
provider is or will be required or permitted to do by or under a provision of
this Part. The notice must identify the doing of that thing as the purpose for
which the information is required.
Note 1: If, for example, information about service location
and customer contact details will assist the current provider in fulfilling its
obligation under subsection 26B(4) or (5), the former provider may be required
to provide that kind of information.
Note 2: See also subsection (5), which allows the
Minister to determine that a specified kind of information is information
referred to in this subsection.
(4) If a requirement made by a notice under subsection (2) is
reasonable, the former provider must comply with the requirement as soon as
practicable after receiving the notice. However, if the requirement is
unreasonable, the former provider does not have to comply with it.
(5) The Minister may make a written determination to the effect that,
either generally or in a particular case, information of a kind specified in the
determination is taken to be information that will assist a person in doing a
specified thing that the person is or will be required or permitted to do by or
under a provision of this Part. The determination has effect
accordingly.
(6) A determination under subsection (5) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
50 Subsection 27(2)
Omit “the universal service provider”, substitute “a
universal service provider”.
51 Section 28
Omit “the universal service provider”, substitute “a
universal service provider”.
52 Paragraph 34(1)(a)
Omit “for the area”, substitute
“concerned”.
53 Subsection 34(3)
Omit “for the area”, substitute
“concerned”.
54 Paragraph 35(1)(b)
Omit “for the area”, substitute
“concerned”.
55 Subsection 38(2)
Omit “for the area”, substitute
“concerned”.
56 Section 39
Omit “for the area”, substitute
“concerned”.
57 Subsection 41(1)
Omit “the universal service provider”, substitute “a
universal service provider”.
58 Paragraph 43(2)(b)
Omit “the universal service provider”, substitute “a
universal service provider”.
59 Subsection 49(1)
Repeal the subsection, substitute:
(1) This section applies if:
(a) a person is a universal service provider on the first day (the
relevant day) of a financial year; or
(b) a person becomes a universal service provider on a later day (the
relevant day) in a financial year.
60 Subsection 49(2)
Omit “Within 60 days after the beginning of the financial
year”, substitute “Subject to subsection (2A), within 60 days
after the relevant day”.
61 Paragraph 49(2)(a)
Omit “the universal service provider”, substitute “a
universal service provider”.
62 After subsection 49(2)
Insert:
(2A) If paragraph (1)(b) applies, the notice under
subsection (2) must not be given more than 45 days after the end of the
financial year concerned.
63 Subsection 50(1)
Omit “The ACA”, substitute “Subject to
subsection (1A), the ACA”.
64 After subsection 50(1)
Insert:
(1A) If:
(a) subsection 49(2A) applies to a notice given under section 49;
and
(b) the 60 day period referred to in subsection (1) of this section
would end more than 75 days after the end of the financial year
concerned;
the ACA must, in dealing with the notice, comply with this section within
75 days after the end of that financial year.
65 Subparagraph 50(2)(b)(i)
Omit “the universal service provider”, substitute “a
universal service provider”.
66 Subsection 51(1)
Repeal the subsection, substitute:
(1) This section applies if:
(a) a person is a universal service provider on the first day of a
financial year; or
(b) a person becomes a universal service provider on a later day in a
financial year.
67 Paragraph 51(2)(a)
Omit “the universal service provider”, substitute “a
universal service provider”.
68 Before paragraph
57(1)(a)
Insert:
(aa) if a determination under subsection (1A) covering the person and
that financial year has effect for the person and the financial year—the
person’s net universal service cost for the financial year is:
(i) if the determination specifies an amount as the person’s net
universal service cost for the financial year—that amount; or
(ii) if the determination specifies a method for working out the
person’s net universal cost for the financial year—the amount worked
out in accordance with the determination;
69 Paragraphs 57(1)(a), (b), (c) and
(d)
Omit “if:”, substitute “if paragraph (aa) does not
apply and:”.
70 After subsection 57(1)
Insert:
(1A) The Minister may make a written determination specifying:
(a) an amount that is to be the net universal service cost for a specified
person, or for each person in a specified class, for a specified financial year
to which subsection (1) applies; or
(b) a method for working out the net universal service cost for a
specified person, or for each person in a specified class, for a specified
financial year to which subsection (1) applies.
Note: In providing the Minister with advice about the
specification of an amount or method in a determination proposed to be made
under this subsection, the ACA must not take into account any grant that has
been or may be made to a person under section 56 or 57 of the Telstra
Corporation Act 1991—see section 61AA.
(1B) A determination under subsection (1A) may be expressed to cover
a single financial year or up to 3 successive financial years. In relation to
the year, or each of the years, it purports to cover:
(a) it has effect for the year whether it was made before or during the
year, or (subject to paragraph (b)) after the end of the year;
but
(b) it does not have effect for the year and a particular person if it was
made after the making of an assessment under section 64 covering the
financial year and the person.
(1C) The amount specified in, or worked out under, a determination under
subsection (1A) may be zero dollars.
(1D) A copy of a determination under subsection (1A) must be
published in the Gazette.
(1E) If a determination under subsection (1A) is varied or revoked,
the following paragraphs apply:
(a) in the case of a variation:
(i) the variation has effect, for the year or each of the years to which
it purports to apply, whether it was made before or during the year, or (subject
to subparagraph (ii)) after the end of the year; but
(ii) it does not have effect for a year and a particular person if it was
made after the making of an assessment under section 64 covering the
financial year and the person; and
(b) in the case of a revocation:
(i) the revocation has effect in relation to the year or each of the years
covered by the determination, whether the revocation was made before or during
the year, or (subject to subparagraph (ii)) after the end of the year;
but
(ii) it does not have effect in relation to a year and a particular person
if it was made after the making of an assessment under section 64 covering
the financial year and the person.
71 Subsection 57(2)
Omit “The formula is”, substitute “For the purposes of
paragraph (1)(d), the formula is”.
72 At the end of subsection
57(2)
Add:
Note: In applying the formula, any grant that has been or
may be made to a person under section 56 or 57 of the Telstra
Corporation Act 1991 must not be taken into account—see
section 61AA.
73 Paragraph 57(3)(a)
Omit “the universal service provider”, substitute “a
universal service provider”.
74 Subsection 57(4)
Omit “carrier”, substitute “universal service
provider”.
75 At the end of subsection
57(9)
Add:
Note: A method specified in a determination under this
subsection must not take into account any grant that has been or may be made to
a person under section 56 or 57 of the Telstra Corporation Act
1991—see section 61AA.
76 Subsection 57(22)
After “subsection”, insert “(1A),”.
Note: The following heading to subsection (22) is
inserted “Miscellaneous matters”.
77 At the end of subsection
60(1)
Add:
Note: A method or amount specified in a determination under
this subsection must not take into account any grant that has been or may be
made to a person under section 56 or 57 of the Telstra Corporation Act
1991—see section 61AA.
78 After section 61
Insert:
Any grant made that has been or may be made to a person under
section 56 or 57 of the Telstra
Corporation Act 1991
must not be taken into account:
(a) by the ACA in providing advice to the Minister (whether pursuant to a
direction under subsection 57(22) or otherwise) about the specification of an
amount or method in a determination proposed to be made under subsection 57(1A);
or
(b) in the application of the formula in subsection 57(2); or
(c) in a method specified in a determination by the ACA under subsection
57(9); or
(d) in a method, or in working out an amount, specified by the ACA in a
determination under subsection 60(1).
79 Subsection 109(1)
Omit “the universal service provider” (wherever occurring),
substitute “a universal service provider”.
80 Subsection 109(3)
Omit “the universal service provider” (wherever occurring),
substitute “a universal service provider”.
Part 2—Application
and transitional provisions
81 Definitions
In this Part:
amended Act means the Telecommunications (Consumer
Protection and Service Standards) Act 1999 as in force after the
commencement.
commencement means the commencement of this
Schedule.
old Act means the Telecommunications (Consumer Protection
and Service Standards) Act 1999 as in force immediately before the
commencement.
82 New subsection 20(2B)
Subsection 20(2B) of the amended Act applies in relation to an agreement
referred to in that subsection, whether made before, on or after the
commencement.
83 New subsections 20(4) and (5) and old
subsections 20(5) to (8)
(1) Subsection 20(4) of the amended Act applies in relation to declarations
referred to in that subsection that are made on or after the
commencement.
(2) Subsection 20(5) of the amended Act applies in relation to declarations
made before, on or after the commencement.
(3) Subsection 20(5) of the old Act continues to apply in relation to a
declaration made before the commencement as if the subsection had not been
repealed.
(4) Subsection 20(6) of the old Act continues to apply to a revocation made
before the commencement as if the subsection had not been repealed.
(5) If subsection 20(7) or (8) of the old Act applied to 2 declarations (an
original declaration and a fresh declaration) made before the commencement, but
the fresh declaration had not taken effect, and the original declaration had not
ceased to have effect, under that subsection by the commencement, that
subsection continues to apply to those declarations as if it had not been
repealed.
84 New subsections 26A(4) and (5) and old
subsections 26A(4) to (7)
(1) Subsection 26A(4) of the amended Act applies in relation to
declarations referred to in that subsection that are made on or after the
commencement.
(2) Subsection 26A(5) of the amended Act applies in relation to
declarations made before, on or after the commencement.
(3) Subsection 26A(4) of the old Act continues to apply in relation to a
declaration made before the commencement as if the subsection had not been
repealed.
(4) Subsection 26A(5) of the old Act continues to apply to a revocation
made before the commencement as if the subsection had not been
repealed.
(5) If subsection 26A(6) or (7) of the old Act applied to 2 declarations
(an original declaration and a fresh declaration) made before the commencement,
but the fresh declaration had not taken effect, and the original declaration had
not ceased to have effect, under that subsection by the commencement, that
subsection continues to apply to those declarations as if it had not been
repealed.
85 New section 61AA
Section 61AA of the amended Act applies in relation to the financial
year in which the commencement occurs and later financial years.