telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.7
Repeal Part and substitute with new text.
1 Part 2
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.14
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
10 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.17
Ensure digital data services are reasonably accessible to all people in Australia.
10 Digital data service obligation
Temporal relationship between determination and section 46A
Section 46A of the Acts Interpretation Act 1901
Relationship between determination and disallowance by section 46A
Ensure general digital data services are reasonably accessible to all people in general digital data service areas on an equitable basis.
10A General digital data service obligation
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.18
10B Special digital data service obligation
Ensure special digital data services are reasonably accessible to all people in special digital data service areas on an equitable basis.
10B(1) Special digital data service obligation
Supply special digital data services to people in special digital data service areas on request.
10B(2) Special digital data service obligation
During the special digital data service obligation
(2) 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.
10C Supply of customer equipment or other goods or services
No obligation under subsection 10A(2) if customer requests not to be supplied with equipment, goods or services.
10C(1) Supply of customer equipment or other goods or services
No obligation under subsection 10B(2) if customer requests not to be supplied with equipment, goods or services.
10C(2) Supply of customer equipment or other goods or services
Temporal overlap between request and supply
Request for no supply before supply occurs
Exclude obligation under subsection 10B(2)
Customer requests not to be supplied with equipment, goods or services.
10D Rebate system
10D(1) Rebate system
Rebate entitlement during acquisition or hire period
Customer acquires or hires equipment from a third person
Liability to pay rebate implies rebate entitlement
Rebate entitlement implies liability to pay rebate
Rebate entitlement recognized by AI system
Rebate entitlement complies with requirements, restrictions and conditions
Rebate entitlement propagates to third party
Customer must be given option to assign rebate right
10D(2) Rebate system
Reiterates subsection (1) without limitation from subsection (2)
10D(3) Rebate system
Reiterates a previous obligation without modification
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.19
10E Digital data services
10E(1) Digital data services
Definition of general digital data service
10E(2) Digital data services
Definition of special digital data service
10E(3) Digital data services
Data channel with a data transmission speed of 64 kilobits per second is a special digital data service
Temporal relation between digital data services and data channels
Digital data service provides for delivery of digital data at a speed greater than or equal to 64 kilobits per second
Carriage service has the obligation to provide for delivery of digital data
Definition of special digital data service as an obligation
Special digital data service is a carriage service that provides for delivery of digital data
Carriage service has the obligation to provide for delivery of digital data at a speed greater than or equal to 64 kilobits per second
Definition of designated basic rate ISDN service as an obligation
Designated basic rate ISDN service is part of the carriage service
Data channel with a data transmission speed of 64 kilobits per second is part of the designated basic rate ISDN service
Temporal relation between designated basic rate ISDN service and data channels
10E(4) Digital data services
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.20
10F Supply of general digital data services
Definition of supply of general digital data services
10F(1) Supply of general digital data services
Regulations may require supply of customer equipment by way of hire.
10F(2) Supply of general digital data services
Part has a descriptive relationship with the regulation.
Customer equipment must be supplied under a legally enforceable agreement.
10F(3) Supply of general digital data services
Obligation to supply equipment under a legally enforceable agreement.
Paragraph (1)(e) is not limited by subsections (2) and (3)
10F(4) Supply of general digital data services
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.21
10G Supply of special digital data services
Regulations specify requirements for supply of special digital data services
10G(1) Supply of special digital data services
Supplies must be for use during connection with special digital data service
(d) the equipment, goods or services, as the case may be, are for use in connection with the special digital data service;
Supplies must be during connection with special digital data service
Includes references to equipment, goods, and services
(a) customer equipment of a kind specified in the regulations; (b) other goods of a kind specified in the regulations; (c) services of a kind specified in the regulations;
10G(2) Supply of special digital data services
agreement containing terms and conditions relating to the ownership, possession, location, disposal or use of the equipment
Customer must enter into a legally enforceable agreement for specified equipment.
10G(3) Supply of special digital data services
10G(4) Supply of special digital data services
Minister may make written determination about general digital data service areas.
10H General digital data service areas
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.22
10J Special digital data service areas
The Minister may make a written determination that a service area is a special digital data service area.
10J(1) Special digital data service areas
The Minister has the power to make a determination.
Publish a copy of the determination in the Gazette.
10J(2) Special digital data service areas
Minister must exercise powers consistently with digital data service obligation.
10J(3) Special digital data service areas
11 The arrangements that apply to universal service areas
Universal service obligation fulfilment arrangements
11(1) The arrangements that apply to universal service areas
Service obligation applies to universal service areas
11(2) The arrangements that apply to universal service areas
Default arrangements apply to contestable service obligations in universal service areas.
11(3) The arrangements that apply to universal service areas
...the default arrangements set out in Division 5 apply to the area; and
Default arrangements apply during the period when contestable service obligation is determined.
(3) If the Minister determines under section 11C, for a universal service area in respect of a service obligation, that the obligation is a contestable service obligation...
Default arrangements apply if contestable service obligation is determined.
...the standard contestability arrangements set out in Division 6 apply to the area in respect of the contestable service obligation.
Standard contestability arrangements apply if contestable service obligation is determined.
Default arrangements apply to universal service areas except to the extent modified by a determination.
11(4) The arrangements that apply to universal service areas
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.23
11A Universal service providers
Definition of universal service provider
11A(1) Universal service providers
Primary universal service provider (see section 12A)
Competing universal service provider (see section 13A)
Primary universal service provider for the claim period.
11A(2) Universal service providers
(2) For the purposes of this Part, a person who is a primary universal service provider under a determination that is in force under section 12A...
a primary universal service provider for the claim period;
a universal service provider for the claim period;
Person approved as competing universal service provider is a universal service provider for the claim period.
11A(3) Universal service providers
Universal service provider designation is a duty
Former universal service provider must provide information to current universal service provider.
11B Former universal service provider may be required to provide
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.26
11C Determination of contestable service obligation
Minister may determine contestable service obligation
11C(1) Determination of contestable service obligation
Temporal interval for contestable service obligation determination
(1) The Minister may determine in writing, for a universal service area in respect of a service obligation, that the obligation is a contestable service obligation.
Minister's discretion in contestable service obligation determination
Definition of contestable service obligation
Minister must provide copy of determination to ACA.
11C(2) Determination of contestable service obligation
Disallowable instrument for section 46A of the Acts Interpretation Act 1901.
11C(3) Determination of contestable service obligation
11D Effect of determination
Effect of determination takes effect on specified day after publication in Gazette.
11D(1) Effect of determination
Determination ceases to have effect at specified time.
11D(2) Effect of determination
The determination has effect during that time.
(2) If a determination under section 11C is expressed to cease to have effect at a specified time...
The determination ceases to have effect at that time.
The determination ceases to have effect.
11D(3) Effect of determination
11E Transitional arrangements may be determined
Minister may determine arrangements to deal with transitional issues after revocation of a determination.
11E(1) Transitional arrangements may be determined
11E(2) Transitional arrangements may be determined
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.27
11F Section 11C temporarily limited to pilot areas
Temporary limitation on section 11C's application to pilot areas
11F(1) Section 11C temporarily limited to pilot areas
11F(2) Section 11C temporarily limited to pilot areas
Minister must determine universal service areas before making determination under section 11C
11F(3) Section 11C temporarily limited to pilot areas
Publish a copy of a determination in the Gazette.
11F(4) Section 11C temporarily limited to pilot areas
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.16
12 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Default arrangements consist of the arrangements set out in this Division.
12 The default arrangements
Minister must ensure no overlap of universal service areas.
12(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
If areas are not within a universal service area, they constitute a single universal service area.
12(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
If multiple universal service areas cover the same areas, they constitute a single area for all service obligations.
12(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Describes the relationship between areas
Determination is disallowable instrument
12(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Prohibits making a determination under this section
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.28
12A Determination of primary universal service providers
Minister may determine primary universal service provider.
12A(1) Determination of primary universal service providers
Minister may determine different primary universal service providers for same universal service area.
12A(2) Determination of primary universal service providers
Ensure one primary universal service provider for each service obligation and universal service area.
12A(3) Determination of primary universal service providers
Ensure one primary universal service provider
Minister must consider relevant factors when determining primary universal service providers.
12A(4) Determination of primary universal service providers
Minister has a duty to consider relevant factors.
Must provide copy of determination to person and ACA
12A(5) Determination of primary universal service providers
A determination under this section is a disallowable instrument.
12A(6) Determination of primary universal service providers
The determination is not a disallowable instrument.
Prohibits the determination from being a disallowable instrument.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.29
12B Effect of determination
12B(1) Effect of determination
12B(2) Effect of determination
The specified time marks the end of the determination's effect.
(2) If such a determination is expressed to cease to have effect at a specified time...
The determination ceases to have effect until the specified time.
Variation or revocation of a determination takes effect on the specified day after publication in the Gazette.
12B(3) Effect of determination
Requires temporal relation between intervals
Arrangements for transitional issues after revocation of determination.
12B(4) Effect of determination
12B(5) Effect of determination
12C Obligations of primary universal service providers
(a) Fulfil that service obligation, so far as it relates to that area; (b) Comply with the provider’s approved policy statement and approved standard marketing plan of the provider that covers that area in respect of that service obligation.
Primary universal service provider must take reasonable steps to fulfil a service obligation.
12C(1) Obligations of primary universal service providers
Service obligation is tied to a specific area.
(1) A primary universal service provider for a universal service area in respect of a service obligation must take all reasonable steps to:
Reasonable steps are defined by the approved policy statement and marketing plan.
(b) Comply with: (i) the provider’s approved policy statement; and (ii) the approved standard marketing plan of the provider that covers that area in respect of that service obligation.
Service obligation is not limited to a specific individual or entity.
For the meaning of approved ATS marketing plan, see section 12P.
Primary universal service providers must fulfill a service obligation.
12C(1A) Obligations of primary universal service providers
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.30
12D Transitional: when Telstra is taken to be a primary universal
Temporary determination of Telstra as primary universal service provider
12D(1) Transitional: when Telstra is taken to be a primary universal
Notice must be published in the Gazette to determine Telstra as primary universal service provider.
12D(2) Transitional: when Telstra is taken to be a primary universal
12E Effect of certain agreements under the Telstra Corporation Act
Agreements under section 56 or 57 of the Telstra Corporation Act have effect for certain purposes.
12E(1) Effect of certain agreements under the Telstra Corporation Act
...or subsection 20(2B) of this Act as in force immediately before the commencement of Schedule 1...
Agreements have temporal relation to specified events.
...as in force immediately before the commencement of Schedule 1 to the Telecommunications (Consumer Protection and Service Standards) Amendment Act...
...and a person (including a State or Territory)...
Expressed agreements have effect for specified purposes.
(1) This section applies to agreements under section 56 or 57 of the Telstra Corporation Act...
Minister's deemed determinations under sections 9G and 12A.
12E(2) Effect of certain agreements under the Telstra Corporation Act
Conditional commencement of deemed determinations
12E(3) Effect of certain agreements under the Telstra Corporation Act
Defines commencement dates for areas under the agreement
12E(4) Effect of certain agreements under the Telstra Corporation Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.32
12EA Exclusive access to universal service subsidy
Minister cannot determine other person as primary universal service provider.
12EA(1) Exclusive access to universal service subsidy
Exclusive access to universal service subsidy for a limited period
12EA(2) Exclusive access to universal service subsidy
This section applies despite anything else in this Part.
12EA(3) Exclusive access to universal service subsidy
Temporal overlap with other provisions in this Part
Section applies despite other provisions
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.33
12F Meaning of expressions
Definition of primary universal service provider's policy statement
12F(1) Meaning of expressions
Approved policy statement for primary universal service provider
12F(2) Meaning of expressions
Temporal relationship between approval and implementation
(2) A draft policy statement that has been approved by the ACA under section 12K, and that is in force, is an approved policy statement for the primary universal service provider concerned.
the primary universal service provider concerned must have an approved policy statement
Implication from definition to application
the artificial intelligence system recognizes the concept of approved policy statement
Artificial intelligence recognition of definition
is an approved policy statement for the primary universal service provider concerned.
the concept of approved policy statement diffuses to the primary universal service provider concerned
Spread of definition to related concepts
Draft standard marketing plan for a primary universal service provider must set out equipment, goods or services to be supplied and arrangements for supplying and marketing.
12F(3) Meaning of expressions
Plan must relate to the area of operation
(3) A draft standard marketing plan for a primary universal service provider...
Must provide a draft standard marketing plan
Approved standard marketing plan is an obligation for the primary universal service provider.
12F(4) Meaning of expressions
Definition of approved standard marketing plan
A draft or approved standard marketing plan may cover one or more universal service areas in respect of one or more service obligations.
12F(5) Meaning of expressions
12G Minister may determine requirements for drafts
Minister may determine requirements for drafts
12G(1) Minister may determine requirements for drafts
Minister must determine requirements for drafts
12G(2) Minister may determine requirements for drafts
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.34
Primary universal service provider must submit draft policy statement and standard marketing plan within 90 days.
12H Obligation to submit a draft policy statement and draft
12J Public consultation required on draft policy statement and draft
Primary universal service provider must publish preliminary draft and invite public submissions.
12J(1) Public consultation required on draft policy statement and draft
Primary universal service provider must perform action.
Include advice on submissions and changes to the draft
12J(2) Public consultation required on draft policy statement and draft
Temporal interval for providing advice on submissions and changes to the draft
Must provide advice on submissions and changes to the draft
Public consultation required for certain policy statements and marketing plans.
12J(3) Public consultation required on draft policy statement and draft
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.35
12K Approval of draft policy statement
The ACA must approve or refuse a draft policy statement.
12K(1) Approval of draft policy statement
adequate supply of equipment, goods or services
The ACA must not approve the draft unless it adequately deals with supply of appropriate equipment, goods or services to people with a disability and special needs.
12K(2) Approval of draft policy statement
Prohibition on approving the draft unless certain conditions are met
Arrangements for transfer of customers in case a competing universal service provider ceases to supply equipment, goods or services.
12K(3) Approval of draft policy statement
Consider relevant matters when deciding to approve the draft.
12K(4) Approval of draft policy statement
The consideration of relevant matters occurs during the decision-making process.
Consideration of relevant matters is during the decision-making process.
(4) In deciding whether to approve the draft, the ACA must also have regard to:
The consideration of relevant matters is an argumentative step in the decision-making process.
Consideration of relevant matters is an argumentative step in the decision-making process.
The consideration of relevant matters is a cognitive step in the decision-making process.
Consideration of relevant matters is a cognitive step in the decision-making process.
The ACA must consider relevant matters when deciding to approve the draft.
Consideration of relevant matters is an obligation.
The consideration of relevant matters diffuses through the decision-making process.
Consideration of relevant matters diffuses through the decision-making process.
12K(5) Approval of draft policy statement
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.36
12L Approval of draft standard marketing plan
The ACA must approve a draft standard marketing plan.
12L(1) Approval of draft standard marketing plan
(a) the draft specifies appropriate equipment, goods or services that the provider will supply in fulfilment of the service obligation concerned, so far as it relates to the universal service area concerned; and (b) the draft adequately deals with how the provider will fulfil that service obligation, so far as it relates to that area; and (c) the draft sets out appropriate terms and conditions on which the equipment, goods or services are to be supplied; and (d) the draft sets out appropriate arrangements for the marketing of the supply of the equipment, goods or services to persons in the universal service area concerned.
The ACA must approve the draft standard marketing plan if it meets certain conditions.
12L(2) Approval of draft standard marketing plan
The conditions relate to the universal service area.
(a) and (b) so far as it relates to the universal service area concerned;
(2) The ACA must not approve the draft unless...
Consideration of matters in deciding whether to approve the draft standard marketing plan
12L(3) Approval of draft standard marketing plan
12L(4) Approval of draft standard marketing plan
A copy of the determination must be published.
12M Notice of decision
ACA must give written notice to primary universal service provider
12M(1) Notice of decision
written notice, fresh draft policy statement or marketing plan
Must provide written notice of reasons for refusal and direct provider to submit fresh draft policy statement or marketing plan.
12M(2) Notice of decision
Obligation to provide written notice and direct provider
Comply with direction under paragraph (2)(b)
12M(3) Notice of decision
(3) The provider must comply with a direction under paragraph (2)(b).
Publish a copy of the notice in the Gazette if the decision is to approve the draft.
12M(4) Notice of decision
Must publish a copy of the notice in the Gazette.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.37
12P Meaning of expressions
Defines a draft ATS marketing plan for a primary universal service provider.
12P(1) Meaning of expressions
Approved ATS marketing plan is an approved ATS marketing plan for the primary universal service provider concerned.
12P(2) Meaning of expressions
(2) A draft ATS marketing plan that has been approved by the ACA under section 12T, and that is in force
Definition of approved ATS marketing plan
Primary universal service provider concerned
Definition of primary universal service provider concerned
ATS marketing plan for primary universal service provider concerned
Definition of ATS marketing plan for primary universal service provider concerned
Each draft or approved ATS marketing plan must cover only one universal service area and one service obligation.
12P(3) Meaning of expressions
Must cover only one universal service area and one service obligation.
12P(4) Meaning of expressions
12Q Minister may determine requirements for drafts
Minister may determine requirements for draft ATS marketing plans.
12Q(1) Minister may determine requirements for drafts
12Q(2) Minister may determine requirements for drafts
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.38
12R Primary universal service provider may submit a draft ATS
Primary universal service provider must submit a draft ATS marketing plan.
12R(1) Primary universal service provider may submit a draft ATS
Primary universal service provider must fulfill service obligation in that area.
12R(2) Primary universal service provider may submit a draft ATS
Primary universal service provider must fulfill service obligation.
12S Public consultation required on draft ATS marketing plan
Public consultation required on draft ATS marketing plan
12S(1) Public consultation required on draft ATS marketing plan
12S(2) Public consultation required on draft ATS marketing plan
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.39
12T Approval of draft ATS marketing plan
The ACA must approve or refuse a draft ATS marketing plan.
12T(1) Approval of draft ATS marketing plan
The ACA must approve the draft ATS marketing plan if it meets certain conditions.
12T(2) Approval of draft ATS marketing plan
The ACA must approve the draft ATS marketing plan.
The draft ATS marketing plan is a service obligation.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.40
12U Notice of decision
Provider must give written notice of decision on ATS marketing plan approval.
12U(1) Notice of decision
12U(2) Notice of decision
12U(3) Notice of decision
12V Replacement of approved policy statement, approved standard
Approved policy statement ceases to be in force if a later draft policy statement is approved.
12V(1) Replacement of approved policy statement, approved standard
Later draft policy statement is approved
Approved standard marketing plan ceases to be in force if replaced by a later draft standard marketing plan.
12V(2) Replacement of approved policy statement, approved standard
An approved ATS marketing plan ceases to be in force if a later draft ATS marketing plan replaces it.
12V(3) Replacement of approved policy statement, approved standard
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.41
12W Variation of approved policy statement, approved standard
Variation of approved policy statement or plan requires notification to ACA.
12W(1) Variation of approved policy statement, approved standard
(1) This section applies if: (a) an approved policy statement for a primary universal service provider (the current statement) is in force; or (b) an approved standard marketing plan for a primary universal service provider (the current plan) is in force; or (c) an approved ATS marketing plan for a primary universal service provider (the current plan) is in force; and the provider gives the ACA a draft variation of the current statement or current plan.
Must provide variation of approved policy statement or plan.
The ACA must approve or refuse to approve a variation.
12W(2) Variation of approved policy statement, approved standard
Provider must consider public submissions before advising ACA on draft variation.
12W(3) Variation of approved policy statement, approved standard
The ACA must not approve a variation unless certain conditions are met.
12W(4) Variation of approved policy statement, approved standard
The variation occurs during the approval process.
The variation must be given before the ACA approves it.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.42
12X Notice of decision
Provider must receive written notice of decision.
12X(1) Notice of decision
ACA must provide written notice to provider if variation is refused
12X(2) Notice of decision
Publication in Gazette required for notice of variation
12X(3) Notice of decision
Prohibition on non-publication of notice
12Y Minister may direct variation or replacement of policy
ACA a draft variation of the statement or a fresh draft policy statement
Minister may direct variation or replacement of policy
12Y(1) Minister may direct variation or replacement of policy
Draft variation of the plan or a fresh draft standard marketing plan
12Y(2) Minister may direct variation or replacement of policy
Permission to direct variation or replacement of policy
Comply with notice given under this section.
12Y(3) Minister may direct variation or replacement of policy
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.43
12Z Minister may revoke approved ATS marketing plan
Minister may revoke approved ATS marketing plan
12Z(1) Minister may revoke approved ATS marketing plan
Defines temporal interval for revocation of ATS marketing plan
(1) The Minister may, by giving written notice to a primary universal service provider...
Implies that ministerial revocation is in public interest
Recognizes ministerial authority over ATS marketing plans
Prohibits revocation of approved ATS marketing plan
Diffuses responsibility for revocation of ATS marketing plan to minister
Approved ATS marketing plan ceases to be in force upon revocation.
12Z(2) Minister may revoke approved ATS marketing plan
Defines temporal relationship between revocation and effectiveness
(2) An approved ATS marketing plan that is revoked by the Minister
ceases to be in force when the revocation takes effect.
Establishes causal relationship between revocation and effectiveness
Applies AI reasoning to revoke and effectiveness
Applies revocation to all affected plans
12Z(3) Minister may revoke approved ATS marketing plan
Defines a temporal interval for the revocation of the marketing plan
(3) The revocation takes effect on the day specified in the notice which must be on or after the day on which the notice is given to the provider.
Applies artificial intelligence to recognize and enforce the prohibition
Prohibits the revocation of an approved ATS marketing plan
Applies the prohibition to all relevant parties
Defines a temporal limit for the revocation of the marketing plan
Minister may determine arrangements for transitional issues after revocation.
12Z(4) Minister may revoke approved ATS marketing plan
Comply with arrangements in a determination under subsection (4)
12Z(5) Minister may revoke approved ATS marketing plan
Establishes standard contestability arrangements
13 The standard contestability arrangements
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.44
13A Application to be approved as a competing universal service
Carrier or carriage service provider must apply for approval as a competing universal service provider.
13A(1) Application to be approved as a competing universal service
draft policy statement, draft standard marketing plan, or draft ATS marketing plan
Application must be in approved form with required documents and information.
13A(2) Application to be approved as a competing universal service
13B Approval of person as a competing universal service provider
The ACA must approve or refuse an application within a reasonable time.
13B(1) Approval of person as a competing universal service provider
The ACA must not approve the applicant as a competing universal service provider unless certain conditions are met.
13B(2) Approval of person as a competing universal service provider
The ACA is prohibited from approving the applicant unless certain conditions are met.
The ACA must not approve the applicant as a competing universal service provider unless...
Assumption of paragraph (2)(a) satisfaction for competing universal service provider
13B(3) Approval of person as a competing universal service provider
Assumption of paragraph (2)(a) satisfaction
Applicant is already a competing universal service provider
13B(4) Approval of person as a competing universal service provider
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.45
13C Date of effect of approval, or variation or revocation of
Approval takes effect on a specified day after approval is given.
13C(1) Date of effect of approval, or variation or revocation of
That day must be on or after the day on which the approval is given.
(1) An approval under section 13B takes effect on the day specified in the approval.
Approval has knowledge of a specified day.
Approval takes effect on a specified day.
Approval diffuses to all days after a specified day.
Approval holds for all days after a specified day.
Ceases to have effect at the specified time.
13C(2) Date of effect of approval, or variation or revocation of
(2) If an approval is expressed to cease to have effect at a specified time, it ceases to have effect at that time.
Date of effect for variation or revocation of approval
13C(3) Date of effect of approval, or variation or revocation of
Determines arrangements for transitional issues after revocation of approval under section 13B.
13C(4) Date of effect of approval, or variation or revocation of
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.46
13D Obligations of competing universal service providers
Fulfilment of service obligation, compliance with policy statements and marketing plans
Must take reasonable steps to fulfil the contestable service obligation and comply with approved policies.
13D(1) Obligations of competing universal service providers
Must fulfill other obligations when fulfilling a contestable service obligation
13D(2) Obligations of competing universal service providers
Competing universal service providers must comply with additional requirements if they intend to cease fulfilling the contestable service obligation.
13D(3) Obligations of competing universal service providers
Must comply with additional requirements
Provider must comply with requirements after receiving a copy of the determination.
13D(4) Obligations of competing universal service providers
The provider complies with those requirements.
The provider receives a copy of the determination.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.47
13E Surrender of approval as a competing universal service
Notify ACA of intention to cease fulfilling contestable service obligation
13E(1) Surrender of approval as a competing universal service
Procedures for notice to ACA must be followed
13E(2) Surrender of approval as a competing universal service
Determination of provider's approval as a competing universal service provider
13E(3) Surrender of approval as a competing universal service
Provider must be given a copy of the determination and published in the Gazette.
13E(4) Surrender of approval as a competing universal service
13F Meaning of expressions
Definition of a draft policy statement for an applicant for approval as a competing universal service provider.
13F(1) Meaning of expressions
Approved policy statement for applicant or competing universal service provider.
13F(2) Meaning of expressions
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.48
13G Minister may determine requirements for drafts
Minister may determine requirements for draft policy statements and standard marketing plans.
13G(1) Minister may determine requirements for drafts
(a) timeframes for the supply of specified equipment, goods or services; (b) performance standards relating to the fulfilment of the universal service obligation; (c) processes for advising persons about the availability, offer and supply of equipment, goods or services in the fulfilment of the universal service obligation, and the terms and conditions on which the equipment, goods or services are offered or supplied; (d) the form of a draft standard marketing plan.
Examples of requirements for draft standard marketing plans
13G(2) Minister may determine requirements for drafts
Requires specific requirements for draft standard marketing plans
(2) These are some examples of requirements for draft standard marketing plans:
13G(3) Minister may determine requirements for drafts
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.49
13H Public consultation on draft policy statement or standard
Public must publish preliminary version of draft and invite public submissions.
13H(1) Public consultation on draft policy statement or standard
13H(2) Public consultation on draft policy statement or standard
Submissions from members of the public within a specified period.
Public consultation on draft policy statement or standard before approval.
13H(3) Public consultation on draft policy statement or standard
13J Approval of draft policy statement
13J(1) Approval of draft policy statement
The ACA must approve the draft policy statement if it adequately deals with supply of equipment, goods or services for people with a disability and special needs.
13J(2) Approval of draft policy statement
...adequately deals with the supply of appropriate equipment, goods or services to: ...
The draft policy statement must contain provisions for people with a disability.
(2) The ACA must not approve the draft unless it is satisfied that...
...it is satisfied that the draft adequately deals with...
Obligation to approve the draft policy statement.
The ACA must not approve the draft unless...
The ACA must ensure the draft policy statement meets certain requirements.
The draft policy statement must be disseminated to relevant parties.
The draft policy statement must contain provisions for people with special needs.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.50
13K Approval of draft standard marketing plan
The ACA must approve or refuse a draft standard marketing plan.
13K(1) Approval of draft standard marketing plan
13K(2) Approval of draft standard marketing plan
The ACA must approve the draft standard marketing plan.
Consideration of matters relevant to approval of draft standard marketing plan
13K(3) Approval of draft standard marketing plan
13K(4) Approval of draft standard marketing plan
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.51
13L Notice of decision
Notice of decision to an applicant for approval as a competing universal service provider.
13L(1) Notice of decision
13L(2) Notice of decision
13L(3) Notice of decision
Defines a draft ATS marketing plan for an applicant seeking approval as a competing universal service provider.
13M Meaning of expressions
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.52
13N Minister may determine requirements for drafts
13N(1) Minister may determine requirements for drafts
Implies a duty to determine requirements.
13N(2) Minister may determine requirements for drafts
13N(3) Minister may determine requirements for drafts
This provision overlaps with section 46A in terms of temporal scope.
Determines the temporal overlap between this provision and section 46A.
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Determination under this section is not a disallowable instrument.
Prohibits determination under this section as a disallowable instrument.
Minister has an obligation to determine requirements for drafts.
Imposes an obligation on the Minister to determine requirements for drafts.
Determination under this section may be a disallowable instrument for section 46A.
Permits determination under this section to be a disallowable instrument for section 46A.
13P Public consultation required on draft ATS marketing plan
13P(1) Public consultation required on draft ATS marketing plan
13P(2) Public consultation required on draft ATS marketing plan
Draft ATS marketing plan must be materially different from a previously approved ATS marketing plan
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.53
13Q Approval of draft ATS marketing plan
13Q(1) Approval of draft ATS marketing plan
The ACA must approve or refuse the plan.
13Q(2) Approval of draft ATS marketing plan
the draft ATS marketing plan >= the approval date
The draft ATS marketing plan must be approved before a certain date.
the draft ATS marketing plan must be approved by the ACA
the ACA MUST approve the draft ATS marketing plan IF the draft meets certain conditions
If the draft meets certain conditions, then the ACA must approve it.
the draft ATS marketing plan IS_A legal document
The draft ATS marketing plan is a type of legal document.
the draft ATS marketing plan is a legal document
The ACA has a duty to approve the draft ATS marketing plan if it meets certain conditions.
the draft ATS marketing plan IS_A alternative telecommunications services
The draft ATS marketing plan is a type of alternative telecommunications services.
the draft ATS marketing plan is an alternative telecommunications services
the draft ATS marketing plan AND the multiple conditions MUST be met
The draft ATS marketing plan must meet multiple conditions to be approved.
the draft ATS marketing plan must meet multiple conditions
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.54
13R Notice of decision
The ACA must give written notice of its decision on the ATS marketing plan.
13R(1) Notice of decision
13R(2) Notice of decision
13R(3) Notice of decision
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.55
13S Replacement of approved policy statement, approved standard
Approved policy statement ceases to be in force if replaced by a later draft.
13S(1) Replacement of approved policy statement, approved standard
...a later draft policy statement, that is expressed to replace it, becomes an approved policy statement.
(1) An approved policy statement for a competing universal service provider ceases to be in force if...
Artificial intelligence recognizes replacement
13S(2) Replacement of approved policy statement, approved standard
...if a later draft standard marketing plan, that is expressed to replace it, becomes an approved standard marketing plan.
Describes the temporal relationship between the use of an approved standard marketing plan and its replacement.
(2) An approved standard marketing plan for a competing universal service provider ceases to be in force...
Describes the implication of using an approved standard marketing plan if a later draft standard marketing plan is in force.
Prohibits the use of an approved standard marketing plan if a later draft standard marketing plan is in force.
Describes the diffusion of information about the replacement of an approved standard marketing plan.
Describes the recurring relationship between the use of an approved standard marketing plan and its replacement.
13S(3) Replacement of approved policy statement, approved standard
13T Variation of approved policy statement, approved standard
Variation of approved policy statement or plan must be provided by the provider.
13T(1) Variation of approved policy statement, approved standard
13T(2) Variation of approved policy statement, approved standard
(a) approve the variation; (b) refuse to approve the variation.
Provider must comply with ACA's requirements before approving variation.
13T(3) Variation of approved policy statement, approved standard
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.56
13U Notice of decision
13U(1) Notice of decision
ACA must give written notice to provider if refusal is not approved
13U(2) Notice of decision
Publication in Gazette required for notice of decision
13U(3) Notice of decision
Temporal interval for publication requirement
13V Minister may revoke approved ATS marketing plan
13V(1) Minister may revoke approved ATS marketing plan
Minister may not revoke approved ATS marketing plan
13V(2) Minister may revoke approved ATS marketing plan
The revocation of an ATS marketing plan occurs at a specific point in time.
(2) An approved ATS marketing plan that is revoked by the Minister ceases to be in force when the revocation takes effect.
The system can reason about the revocation of an ATS marketing plan.
Enables reasoning about ATS marketing plan revocation
The Minister may not revoke an approved ATS marketing plan.
Information about the revocation of an ATS marketing plan is diffused.
Diffuses information about ATS marketing plan revocation
The revocation of an ATS marketing plan creates a temporal trace.
Defines temporal trace for ATS marketing plan revocation
13V(3) Minister may revoke approved ATS marketing plan
13V(4) Minister may revoke approved ATS marketing plan
13V(5) Minister may revoke approved ATS marketing plan
Supply general digital data services to people in general digital data service areas on request.
14 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.57
14 Determination of alternative arrangements
Minister may determine alternative arrangements for a service obligation.
14(1) Determination of alternative arrangements
Modifies the application of default arrangements and provisions in the area.
14(2) Determination of alternative arrangements
Must provide copy of determination to ACA
14(3) Determination of alternative arrangements
Obligation to provide copy of determination
14(4) Determination of alternative arrangements
14(5) Determination of alternative arrangements
Supply general digital data services on request.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.58
14A Effect of determination
Effect of determination takes effect on a specified day after publication in the Gazette.
14A(1) Effect of determination
The effect takes place during the specified day.
14A(2) Effect of determination
(determination ceases to have effect at that time)
(2) If a determination under section 14 is expressed to cease to have effect at a specified time...
Variation or revocation of a determination takes effect on the specified day after notice is published in the Gazette.
14A(3) Effect of determination
The specified day overlaps with the effective date of the variation or revocation.
Specifies a temporal interval for taking effect
(3) A variation or revocation of a determination under section 14 takes effect on the day specified for the purpose in the instrument of variation or revocation.
The CogAI recognizes that the variation or revocation is an instrument that specifies a day for taking effect.
Applies to a specific class of instruments
The variation or revocation takes effect on the specified day after notice is published in the Gazette.
Implies obligation to follow specified rules
The publication of notice in the Gazette diffuses the information to all parties affected.
The variation or revocation holds true from the specified day until further notice is published.
14A(4) Effect of determination
14A(5) Effect of determination
15 Digital data service providers
Minister may make written determination about general digital data service provider
15(1) Digital data service providers
The Minister may make a written determination stating that a specified carrier or carriage service provider is a special digital data service provider for a specified special digital data service area.
15(2) Digital data service providers
Minister must consider relevant factors when making a determination.
15(3) Digital data service providers
Minister must consider relevant factors.
Obligation to consider relevant factors.
Minister must decide whether to make a determination.
15(4) Digital data service providers
Digital data service providers: determination takes effect on specified day after publication in Gazette.
15(5) Digital data service providers
Determination takes effect on specified day after publication in Gazette
Revocation of determination takes effect on specified day after publication in Gazette.
15(6) Digital data service providers
Determination ceases if carrier loses licence
15(7) Digital data service providers
the determination ceases to be in force at that time.
Temporal relation between carrier and determination
(a) a determination is in force under subsection (1) or (2)
Conditional relation between carrier and determination
Temporal relation between carrier and licence
(b) at a particular time, the carrier ceases to hold a carrier licence;
Determination ceases if carriage service provider ceases to be such a provider.
15(8) Digital data service providers
Temporal interval during which determination applies
(b) at a particular time, the carriage service provider ceases to be such a provider;
Temporal interval during which obligation applies
15(9) Digital data service providers
Prohibits determination as a disallowable instrument
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.59
15A Effect of digital data service provider determination
Digital data service provider must be designated for a particular service area.
15A(1) Effect of digital data service provider determination
The designation applies to all service areas within the designated area.
(b) for each service area that is within that area.
A digital data service provider must be designated for that area.
(1) A digital data service provider in relation to a particular service area...
A person in relation to whom a determination is in force must comply.
15A(2) Effect of digital data service provider determination
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.60
15B Former digital data service provider may be required to
The Minister may determine a carrier or carriage service provider is a digital data service provider for a particular area.
15B(1) Former digital data service provider may be required to
A person must continue to be a digital data service provider for some or all of the area after certain events.
15B(2) Former digital data service provider may be required to
if subparagraph (a)(ii) applies—after the cessation.
Describes the temporal relationship between events.
If subparagraph (a)(i) applies—after the revocation or variation; or
Must continue to be a digital data service provider.
The Minister revokes or varies a determination under section 15 so that a person ceases to be a digital data service provider for a digital data service area (the relevant area); or
Describes a duty to continue being a digital data service provider.
A person (the current provider), who was also a digital data service provider for some or all of the relevant area, continues to be a digital data service provider for some or all of the area:
Conditional commencement before determination, revocation or variation under section 15.
15B(3) Former digital data service provider may be required to
The Minister may determine in writing that a person is a former provider.
15B(4) Former digital data service provider may be required to
Current provider may require former provider to provide specified information.
15B(5) Former digital data service provider may be required to
Must provide information to assist in fulfilling obligations under subsection 15A(4) or (5)
15B(6) Former digital data service provider may be required to
Information assists in fulfilling obligations
Former digital data service provider must comply with reasonable requirements.
15B(7) Former digital data service provider may be required to
(7) If a requirement made by a notice under subsection (5) is reasonable, the former provider must comply with the requirement as soon as practicable after receiving the notice.
Reasonable requirements imply compliance
(7) If a requirement made by a notice under subsection (5) is reasonable, the former provider does not have to comply with it.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.62
15C Digital data service provider must submit draft digital data
Must submit draft digital data plan to Minister
15C(1) Digital data service provider must submit draft digital data
Obligation to submit draft digital data plan
Must submit draft digital data plan within 90 days
15C(2) Digital data service provider must submit draft digital data
Sets out how a digital data service provider will progressively fulfil the general or special digital data service obligation in that area.
15D Digital data service plans
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.63
Replacement of approved digital data service plan
15E Replacement of approved digital data service plan
15F Approval of draft digital data service plan by Minister
Minister must approve or refuse digital data service plan draft
15F(1) Approval of draft digital data service plan by Minister
Minister has a duty to approve or refuse the plan
Approved digital data service plan becomes effective upon approval.
15F(2) Approval of draft digital data service plan by Minister
Approved digital data service plan becomes effective.
Minister must direct provider to give fresh draft plan within specified period and terms.
15F(3) Approval of draft digital data service plan by Minister
15G Public consultation—draft plan
preliminary version of the draft plan, consideration of public submissions
Publish preliminary plan and consider public submissions
15G(1) Public consultation—draft plan
Must publish preliminary plan and consider public submissions
Public consultation period must run for at least 30 days.
15G(2) Public consultation—draft plan
The period specified in the invitation must run for at least 30 days.
Public consultation period is greater than or equal to 30 days
(2) The period specified in the invitation must run for at least 30 days.
Section does not apply to a draft plan given to the Minister in accordance with a direction under subsection 15F(3).
15G(3) Public consultation—draft plan
Draft plans given to the Minister in accordance with a direction under subsection 15F(3) overlap with section 15G(3)
(3) This section does not apply to a draft plan given to the Minister in accordance with a direction under subsection 15F(3).
Section 15G(3) recognizes draft plans given to the Minister in accordance with a direction under subsection 15F(3)
Excludes draft plans given to the Minister in accordance with a direction under subsection 15F(3).
Section 15G(3) diffuses to draft plans given to the Minister in accordance with a direction under subsection 15F(3)
Section 15G(3) repeats for draft plans given to the Minister in accordance with a direction under subsection 15F(3)
Section does not apply to a draft plan given to the Minister in accordance with a notice under paragraph 15N(2)(b).
15G(4) Public consultation—draft plan
...to a draft plan given to the Minister in accordance with a notice under paragraph 15N(2)(b)
Draft plans given to the Minister in accordance with a notice under paragraph 15N(2)(b) overlap with this section
This section recognizes that draft plans given to the Minister in accordance with a notice under paragraph 15N(2)(b) are not subject to public consultation under this section
...to a draft plan given to the Minister...
Excludes draft plans given to the Minister in accordance with a notice under paragraph 15N(2)(b)
This section spreads to all draft plans given to the Minister in accordance with a notice under paragraph 15N(2)(b)
This section repeats for each draft plan given to the Minister in accordance with a notice under paragraph 15N(2)(b)
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.64
15H Minister to have regard to certain matters
efficient and economic fulfillment of the general or special digital data service obligation
Minister must consider certain matters when approving a draft digital data service plan.
15H(1) Minister to have regard to certain matters
Minister has a duty to consider certain matters
Minister must have regard to certain matters
15H(2) Minister to have regard to certain matters
15J Minister may formulate requirements for draft plans
Minister may formulate requirements for draft plans
15J(1) Minister may formulate requirements for draft plans
(a) timetables for the supply of services; (b) performance standards relating to the fulfilment of the digital data service obligation; (c) the form of a draft digital data service plan.
Minister must formulate requirements for draft plans.
15J(2) Minister may formulate requirements for draft plans
Requirements are examples of requirements before which timetables for the supply of services must be provided.
Requirements are examples of requirements before which the form of a draft digital data service plan must be provided.
Requirements are examples of requirements before which performance standards relating to the fulfilment of the digital data service obligation must be provided.
Instrument is disallowable for certain purposes
15J(3) Minister may formulate requirements for draft plans
is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
15K Notification of decision
Minister must notify digital data service provider and ACA of decision.
15K(1) Notification of decision
A copy of a notice must be published in the Gazette.
15K(2) Notification of decision
between the time the notice is given and its publication in the Gazette
(2) A copy of a notice under subsection (1)
if a copy is published, then a notice was given
publication in the Gazette is a cognitive action
publication in the Gazette is a form of diffusion
Written notice setting out reasons for refusal
Minister must give written notice to digital data service provider
15K(3) Notification of decision
Minister has a duty to provide written notice
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.65
15L Variation of approved digital data service plan
Variation of approved digital data service plan is subject to minister's approval.
15L(1) Variation of approved digital data service plan
The variation must be given during the current period.
Variation of plan must be given during the current plan's effective period.
(1) This section applies if: (a) an approved digital data service plan for an area (the current plan) is in force;
The Minister must approve the variation.
Minister has a duty to approve the variation.
(a) an approved digital data service plan for an area (the current plan) is in force;
The provider must provide the draft variation.
Digital data service provider must give the minister a draft variation of the plan.
(b) the digital data service provider concerned gives the Minister a draft variation of the plan.
Minister's approval is required for the variation to take effect.
The variation must occur within the specified time frame.
Variation of plan must occur within a specified time frame.
Must approve or refuse variation of digital data service plan
15L(2) Variation of approved digital data service plan
Obligation to approve or refuse variation
Minister may require provider to publish preliminary version and consider public submissions before approving variation.
15L(3) Variation of approved digital data service plan
Minister may require provider to take action.
Minister must approve variation of digital data service plan only if it would be approved by Minister.
15L(4) Variation of approved digital data service plan
Minister has a duty to approve variation.
Minister must give written notice after deciding on variation
15M Notice of decision on variation
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.66
15N Minister may direct variation or replacement of plan
Minister may direct variation or replacement of plan
15N(1) Minister may direct variation or replacement of plan
Draft variation of the current plan or a fresh draft digital data service plan for replacement
Minister may direct variation or replacement of plan within a specified period and in specified terms.
15N(2) Minister may direct variation or replacement of plan
Minister must direct variation or replacement of plan
15N(3) Minister may direct variation or replacement of plan
The provider must comply with the notice.
Ensure compliance with approved digital data service plan
15P Compliance with approved digital data service plan
Obligation to comply with approved digital data service plan
Telstra must supply a basic rate ISDN service that complies with ETSI standards.
16 Telecommunications (Consumer Protection and Service Standards) Amendment Act
16 Determination of universal service subsidy
Minister must determine universal service subsidies in writing before the end of a claim period.
16(1) Determination of universal service subsidy
Minister must determine universal service subsidies.
Subsidy for each universal service area in respect of each service obligation
Minister must ensure a subsidy for each universal service area in respect of each service obligation.
16(2) Determination of universal service subsidy
Minister has a duty to ensure a subsidy for each universal service area in respect of each service obligation.
Must specify subsidy amount and eligibility conditions
16(3) Determination of universal service subsidy
Circumstances for universal service subsidy determination
16(4) Determination of universal service subsidy
Universal service provider must comply with obligations under section 12C or 13D.
16(5) Determination of universal service subsidy
May specify an amount of subsidy as zero.
16(6) Determination of universal service subsidy
Obligation to supply a basic rate ISDN service.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.67
16A Minister must seek ACA’s advice
Minister must seek ACA's advice before making or varying a determination under section 16.
16A(1) Minister must seek ACA’s advice
Minister has an obligation to seek ACA's advice.
16A(2) Minister must seek ACA’s advice
Minister must publish notice of reasons for departing from ACA's advice within 14 days.
16A(3) Minister must seek ACA’s advice
Minister has an obligation to publish notice.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.68
16B Effect of the determination
Effect of determination on specified day
16B(1) Effect of the determination
Determination applies for a maximum of 3 years.
16B(2) Effect of the determination
The determination is during the specified period.
(2) A determination under section 16 applies for the period specified in the determination, which must not be longer than 3 years.
The determination applies for a maximum of 3 years.
Effect of determination variation or revocation
16B(3) Effect of the determination
17 Digital data cost of a digital data service provider for a claim
Digital data cost calculation for a claim period depends on the applicable paragraph.
17(1) Digital data cost of a digital data service provider for a claim
Digital data cost calculation is obligatory.
Customer charges and equipment costs calculation formula
17(2) Digital data cost of a digital data service provider for a claim
Digital data service provider's customer equipment costs for a claim period must be calculated based on certain regulations.
17(3) Digital data cost of a digital data service provider for a claim
Obligation to provide customer equipment costs
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.70
17A Reduction of excessive costs
Minister may formulate principles or rules for determining excessive costs.
17A(1) Reduction of excessive costs
Permission to formulate principles or rules.
Reduce excessive costs by the amount of excess.
17A(2) Reduction of excessive costs
17A(3) Reduction of excessive costs
18 Telecommunications (Consumer Protection and Service Standards) Amendment Act
18 Universal service charges
Universal service charges apply to universal service providers in a universal service area.
18(1) Universal service charges
Universal service charges are mandatory.
18(2) Universal service charges
18(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
A copy of the determination must be published in the Gazette.
18(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Obligation to exercise powers consistently
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.71
18A Determination subjecting universal service charges to price
Minister may determine universal service charges subject to price control arrangements.
18A(1) Determination subjecting universal service charges to price
18A(2) Determination subjecting universal service charges to price
for the purposes of section 46A of the Acts Interpretation Act 1901.
Prohibits a determination under subsection (1)
(2) A determination under subsection (1) is a disallowable instrument
18B Price control determinations
Applicable if a determination is in force under section 18A.
18B(1) Price control determinations
Determination is in force under section 18A
Minister may make written determination setting out price-cap arrangements and principles or rules for universal service provider to impose or alter charge.
18B(2) Price control determinations
Conditional commencement of a determination
18B(3) Price control determinations
Describes the temporal relationship between the determination and its commencement
May make different provision with respect to different customers.
18B(4) Price control determinations
18B(5) Price control determinations
Prohibits disallowable instrument for section 46A
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.72
18C Content of price control determinations
Prohibit charge imposition or alteration without consent.
18C(1) Content of price control determinations
Does not limit section 18B by implication.
18C(2) Content of price control determinations
18D Price control determinations subject to determinations under
Compliance with price control determinations is mandatory.
18E Compliance with price control determinations
19 Digital data service charges
Digital data service charge is a charge imposed by the person for supply of general digital data services.
19(1) Digital data service charges
Digital data service charge is a charge imposed by the person for supply of special digital data services.
19(2) Digital data service charges
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.73
19A Determination subjecting digital data service charges to price
Minister may determine digital data service charges subject to price control arrangements.
19A(1) Determination subjecting digital data service charges to price
19A(2) Determination subjecting digital data service charges to price
19B Price control determinations
This section applies if a determination is in force under section 19A in relation to a particular digital data service charge.
19B(1) Price control determinations
Temporal relationship between section 19A and the current section
Determination is in force under section 19A
The Minister may make a written determination setting out price-cap arrangements and principles or rules for imposing the charge.
19B(2) Price control determinations
Permission to make a written determination
Determinations take effect on a specified day after publication in the Gazette.
19B(3) Price control determinations
19B(4) Price control determinations
19B(5) Price control determinations
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.74
19C Content of price control determinations
19C(1) Content of price control determinations
Does not limit section 19B by implication.
19C(2) Content of price control determinations
19D Price control determinations subject to determinations under
Compliance with price control determinations
19E Compliance with price control determinations
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.24
20 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.75
20 Participating person must lodge return of eligible revenue
Participating person must lodge return of eligible revenue
20(1) Participating person must lodge return of eligible revenue
Return of eligible revenue must be lodged within specified period and in approved form.
20(2) Participating person must lodge return of eligible revenue
Must provide return of eligible revenue.
Return of eligible revenue must be lodged with details.
20(3) Participating person must lodge return of eligible revenue
A person who ceases to be a universal service provider must ensure another person continues to provide the service obligation.
20(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Current provider must continue to provide the service obligation
Former provider ceases to be universal service provider
Subsections (1) and (2) can apply before certain events take effect.
20(2A) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Subsections (1) and (2) can apply before the determination, revocation or variation under section 12A or the approval, revocation or variation under section 13B takes effect.
Can apply before certain events take effect.
Minister may determine a person is a former provider.
20(2B) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Former provider must provide specified information to current provider within 6 months after certain events.
20(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Current provider must provide information to assist in fulfilling obligations.
20(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Requires current provider to provide information.
Identifies purpose of required information.
Former provider must comply with reasonable requirements after receiving notice.
20(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
The Minister may make a written determination to assist a person in doing something.
20(6) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Former provider must comply with direction from ACA.
20(6A) Telecommunications (Consumer Protection and Service Standards) Amendment Act
20A Who is a participating person?
Defines who is a participating person for an eligible revenue period.
20A(1) Who is a participating person?
(a) the person was a carrier at any time during the eligible revenue period; or (b) the Minister makes a written determination that carriage service providers are participating persons for the eligible revenue period and the person was a carriage service provider at any time during the eligible revenue period.
Establishes temporal relationship between carrier status and eligibility.
(1) For the purposes of this Act, a person is a participating person for an eligible revenue period if:
Defines participation status as an obligation.
Exclusion from participating person status
20A(2) Who is a participating person?
if (a person is not a participating person during the eligible revenue period)
(2) However, a person is not a participating person for an eligible revenue period if:
if (the AI system does not recognize the person as a participating person during the eligible revenue period)
if (a person is not a participating person for an eligible revenue period)
if (the information that a person is a participating person does not spread to the eligible revenue period)
if (a person is not a participating person until the end of the eligible revenue period)
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.76
20B What is eligible revenue?
20B(1) What is eligible revenue?
Determination may refer to revenue of other persons.
20B(2) What is eligible revenue?
Determination and provision of information overlap in time
Temporal overlap between determination and provision of information
Provision of information implies determination
Implication from determination to provision of information
Obligation to provide information about eligible revenue
20B(3) What is eligible revenue?
20B(4) What is eligible revenue?
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.77
20C What is an eligible revenue period?
Defines eligible revenue period as including the 1999-2000 financial year and later years, or a period determined by the Minister.
20C(1) What is an eligible revenue period?
Specifies temporal intervals included in the eligible revenue period
(a) the 1999-2000 financial year and each later financial year;
The Minister may modify the application of this Part to participating persons.
20C(2) What is an eligible revenue period?
20C(3) What is an eligible revenue period?
Establishes temporal relation between determination and section 46A
(3) A determination under paragraph (1)(b)
Imposes obligation on State to not use determination as disallowable instrument
Diffuses obligation on State to not use determination as disallowable instrument
Establishes recurring trace between determination and section 46A
20D Audit report of eligible revenue return
Eligible revenue return must be accompanied by a report of an approved auditor.
20D(1) Audit report of eligible revenue return
Auditor must have been given sufficient information and assistance in order to audit the return
(d) states that the auditor has been given sufficient information and assistance in order to audit the return;
(b) states that the auditor has audited the return;
Return must be in a form approved by the ACA
(a) is in a form approved in writing by the ACA;
Includes all required statements and information
(a) is in a form approved in writing by the ACA; (b) states that the auditor has audited the return; (c) contains a determination, in the terms specified in the form, of the auditor’s opinion; (d) states that the auditor has been given sufficient information and assistance in order to audit the return; (e) includes all other statements and information required by the form to be included.
Auditor must have been auditing the return during the time they were given sufficient information and assistance
(d) states that the auditor has been given sufficient information and assistance in order to audit the return; (b) states that the auditor has audited the return;
Minister may modify requirements for eligible revenue return
20D(2) Audit report of eligible revenue return
Exemption from audit report requirement based on ACA notice
20D(3) Audit report of eligible revenue return
Temporal interval for exemption based on ACA notice
(3) This section does not apply to a person if the ACA gives written notice to the person to that effect.
Recognition of exemption based on ACA notice
Diffusion of exemption based on ACA notice
Recurring trace for exemption based on ACA notice
20D(4) Audit report of eligible revenue return
The ACA may make inquiries into the correctness of a return.
20E ACA may inquire into correctness of return
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.78
20F ACA to assess eligible revenue
ACA must make a written assessment of each participating person's eligible revenue.
20F(1) ACA to assess eligible revenue
Assess eligible revenue as zero if below threshold amount
20F(2) ACA to assess eligible revenue
Assessment must be based on eligible revenue return, ACA inquiries, and relevant documents.
20F(3) ACA to assess eligible revenue
20F(4) ACA to assess eligible revenue
Prohibits use of determination as an instrument for section 46A.
Must provide assessment copy to person concerned
20F(5) ACA to assess eligible revenue
20G Assessment based on estimate of eligible revenue
Assessment if eligible revenue return is not provided
20G(1) Assessment based on estimate of eligible revenue
Obligation to provide eligible revenue return
Notice must be given to the person of the ACA's proposal to make the assessment based on the estimate.
20G(2) Assessment based on estimate of eligible revenue
No assessment based on estimate after receiving eligible revenue return
20G(3) Assessment based on estimate of eligible revenue
(3) The ACA must not make an assessment...
The ACA is not required to change its assessment if an eligible revenue return is later given.
20G(4) Assessment based on estimate of eligible revenue
The assessment overlaps with the eligible revenue return.
The assessment can be changed if an eligible revenue return is later given.
There is a temporal interval between the assessment and the eligible revenue return.
The CogAI recognizes the relationship between the assessment and the eligible revenue return.
The ACA is not required to change its assessment.
If the ACA has made an assessment, it is not required to change it.
Other related provisions are affected by this diffusion.
This provision diffuses to other related provisions.
This provision is part of a class hierarchy related to assessments.
The assessment until the eligible revenue return.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.79
20H Levy contribution factor
Must work out a levy contribution factor for each participating person.
20H(1) Levy contribution factor
Must work out a levy contribution factor.
Defines levy contribution factor formula
20H(2) Levy contribution factor
total eligible revenue means the total assessed eligible revenue for the eligible revenue period of all the participating persons for the period.
individual eligible revenue means the assessed eligible revenue of the participating person for the eligible revenue period.
Carrier or carriage service provider must claim levy credit within a specified period.
20J Claims for levy credit
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.80
20K Audit report of claim
A claim must be accompanied by a report of an approved auditor.
20K(1) Audit report of claim
Claim must be accompanied by a report of an approved auditor.
The claim is related to the audit report.
20K(2) Audit report of claim
20K(3) Audit report of claim
20K(4) Audit report of claim
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.81
20L ACA to publish claims or a summary of claims
Publish claims or a summary of claims within 14 days after the end of the claim period.
20L(1) ACA to publish claims or a summary of claims
Must publish claims or a summary of claims
20L(2) ACA to publish claims or a summary of claims
May make inquiries into claim correctness
20M ACA may inquire into correctness of claim
ACA must make a written assessment of levy credit for each person submitting a claim.
20N ACA to assess levy credit
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.82
20P Principles for assessing and adjusting claims
Minister may determine principles for assessing claims
20P(1) Principles for assessing and adjusting claims
Minister has the power to determine principles
Minister must invite carriers and carrier service providers to make submissions within a specified period.
20P(2) Principles for assessing and adjusting claims
Minister must invite carriers and carrier service providers.
The ACA must apply the principles made by the Minister in making assessments.
20P(3) Principles for assessing and adjusting claims
The ACA must apply the principles in making assessments.
The ACA must apply the principles (if any) made by the Minister under this section.
20P(4) Principles for assessing and adjusting claims
Prohibits use as disallowable instrument
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.83
No levy payable unless at least one claim for a levy credit is made.
20Q No levy payable unless at least one claim for a levy credit is
20R Levy debit of a participating person
Must work out a levy debit for each participating person
20R(1) Levy debit of a participating person
20R(2) Levy debit of a participating person
The levy debit is calculated using the formula
levy contribution factor and total levy credits are defined
The formula is used to calculate the levy debit
The formula uses levy contribution factor and total levy credits
Minister may modify formula in subsection (2)
20R(3) Levy debit of a participating person
20R(4) Levy debit of a participating person
is a disallowable instrument for section 46A of the Acts Interpretation Act 1901
(4) A determination under subsection (3)
Prohibits a determination under subsection (3)
If levy debit exceeds assessed levy credit, person has a levy debit balance.
20S Levy debit balance
Levy debit exceeds assessed levy credit.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.84
If a person's assessed levy credit exceeds their levy debit, they have a levy credit balance.
20T Levy credit balance
20U ACA to make written assessment
ACA must make a written assessment setting out certain matters and total levy credits.
20U(1) ACA to make written assessment
(1) For each claim period, the ACA must make a written assessment
Assessment must provide levy debit and balance information
20U(2) ACA to make written assessment
Universal service provider must set out assessment details
20U(3) ACA to make written assessment
digital data cost, levy credit balance, and amount payable to provider
Digital data service provider must provide written assessment
20U(4) ACA to make written assessment
The assessment must be made on the basis of certain information.
20U(5) ACA to make written assessment
ACA must act expeditiously in preparing its assessment.
20U(6) ACA to make written assessment
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.85
Publish assessment in Gazette and provide to persons referred to in subsections 20U(2), (3) and (4)
20V Publication of assessment
Obligation to publish assessment in Gazette and provide to persons
20W Variation of assessments
State may vary an assessment made under this Part.
20W(1) Variation of assessments
Assessment is taken as an assessment under section 20F, 20N or 20U.
20W(2) Variation of assessments
ACA may accept statements for making an assessment under this Part.
20X ACA may accept statements
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.86
Multiple assessments in the same document are allowed.
20Y Multiple assessments in the same document
20Z When levy payable
Levy becomes due and payable on the 28th day or a later date determined by the ACA.
20Z(1) When levy payable
On the 28th day or a later date determined by the ACA
(1) Levy assessed under section 20U becomes due and payable on:
Publish a copy of determination in the Gazette.
20Z(2) When levy payable
Determination must be published in the Gazette
Levy may be recovered as a debt due to the Commonwealth.
20ZA Levy a debt due to the Commonwealth
The validity of an assessment is not affected by a contravention of this Act.
20ZB Validity of assessment
Obligation to uphold the validity of assessments
20ZC Evidence of assessment
Produce a copy of the Gazette that sets out what purports to be an assessment made under section 20U.
20ZC(1) Evidence of assessment
20ZC(2) Evidence of assessment
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.87
Party making assertion of incorrect assessment bears burden of proof.
20ZD Onus of establishing incorrectness of assessment
Party making assertion has obligation to prove incorrectness.
Party making assertion must provide evidence to refute assessment.
20ZE Refund of overpayment of levy
Imposes a duty on the state to refund overpayment of levy
20ZF Cancellation of certain exemptions from levy
20ZF(1) Cancellation of certain exemptions from levy
(1) This section cancels the effect of a provision of another Act that would have the effect of exempting a person from liability to pay levy.
Cancellation of certain exemptions from levy does not apply if another Act refers to the Telecommunications (Universal Service Levy) Act 1997.
20ZF(2) Cancellation of certain exemptions from levy
Temporal interval for exemption cancellation
The provision of the other Act is enacted after the commencement of this section
Cancellation of certain exemptions from levy
20ZG Commonwealth not liable to levy
The Commonwealth is not liable to pay levy.
20ZG(1) Commonwealth not liable to levy
The Commonwealth is not liable to levy taxation.
20ZG(2) Commonwealth not liable to levy
This is a temporal interval where the Commonwealth is not liable to levy.
The section defines a temporal interval where the Commonwealth is not liable to levy.
(2) A reference in this section to the Commonwealth includes a reference to an authority of the Commonwealth that cannot, by law of the Commonwealth, be made liable to taxation by the Commonwealth.
This recognizes a pattern in the Commonwealth's authority.
The section recognizes a pattern in the Commonwealth's authority.
If the Commonwealth cannot be made liable, then it is not liable.
This is an authority that cannot be taxed.
This section defines a subclass of 'authority' that cannot be taxed.
This diffuses information about the Commonwealth's liability.
The section diffuses information about the Commonwealth's liability.
This is a recurring trace of the Commonwealth's liability.
The section defines a recurring trace of the Commonwealth's liability.
20ZH Performance bonds and guarantees
Minister may require person to obtain performance bonds or guarantees.
20ZH(1) Performance bonds and guarantees
20ZH(2) Performance bonds and guarantees
The person MUST comply with the determination.
(2) The person must comply with the determination.
20ZH(3) Performance bonds and guarantees
Prohibition on use of determination as disallowable instrument
Reference to Schedule 1, New Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999
20ZH(4) Performance bonds and guarantees
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.88
21 Universal Service Account
Continuation of Universal Service Account
21(1) Universal Service Account
Defines Universal Service Account as a Special Account within the FMA Act.
21(2) Universal Service Account
Administration of Universal Service Account
21(3) Universal Service Account
Minister may determine arrangements for transitional issues after a change in administration.
21(4) Universal Service Account
21(5) Universal Service Account
21(6) Universal Service Account
Must credit amounts to Universal Service Account
21A Credits to Universal Service Account
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.89
21B Purposes of Universal Service Account
Expenditure of Universal Service Account funds
21B(1) Purposes of Universal Service Account
(i) the costs or expenses incurred by the Commonwealth or the ACA in administering the Telecommunications (Universal Service Levy) Act 1997 and this Division during any period;
(1) Amounts standing to the credit of the Universal Service Account may be expended:
(iii) costs incurred by the Commonwealth during the period in collecting, compiling, analysing and publishing information about the operation of that Act and this Division.
(ii) without limiting subparagraph (i), costs or expenses incurred in connection with recovering levy;
Minister may determine reimbursement amount
21B(2) Purposes of Universal Service Account
Total reimbursement amount must not exceed total payment into Universal Service Account.
21B(3) Purposes of Universal Service Account
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.90
21C Levy distribution
Payable to person with levy credit balance
21C(1) Levy distribution
No amount is payable out of the Universal Service Account for a claim period unless and until the ACA has made an assessment under section 20U for that claim period.
21C(2) Levy distribution
...unless and until the ACA has made an assessment...
Defines a temporal interval for when payment can be made.
Applies CogAI principles to the provision.
Imposes an obligation on the State to make an assessment under section 20U before paying out of the Universal Service Account.
Diffuses the obligation to make an assessment under section 20U.
Defines a recurring trace for when payment can be made.
Ensure payments are made in proportion to total amounts payable
21C(3) Levy distribution
Must act in accordance with Minister's determination on payment method.
21C(4) Levy distribution
The ACA must act in accordance with that determination.
Must act in accordance with Minister's determination.
(4) However, if the Minister determines...
21C(5) Levy distribution
Reduces levy credit balance by the amount paid to the person.
21C(6) Levy distribution
...the amount (worked out under this section) that is paid to the person.
Reduction occurs within the claim period.
(6) A person’s levy credit balance for the claim period is reduced by...
Reduction spreads to levy credit balance.
Reduction applies to levy credit balance within claim period.
Continues to apply until levy credit balance is reduced to nil.
21C(7) Levy distribution
21D Distribution of remaining balance of the Universal Service
Distribute remaining balance of the Universal Service Account
21D(1) Distribution of remaining balance of the Universal Service
The Minister must comply with rules for distribution of the Universal Service balance.
21D(2) Distribution of remaining balance of the Universal Service
21D(3) Distribution of remaining balance of the Universal Service
is a disallowable instrument for section 46A
Determines temporal subinterval of section 46A
(3) A determination under subsection (2)
Prohibits a determination under subsection (2)
Prevents use of determination under subsection (2)
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.91
21E Recovery of overpayments
Defines overpaid amount for recovery purposes
21E(1) Recovery of overpayments
Classifies section as part of a larger provision
Debt due to the Commonwealth for overpaid amount
21E(2) Recovery of overpayments
The recovery of an overpaid amount occurs during the same fiscal year.
The payment was made during the fiscal year.
An overpaid amount is a debt due to the Commonwealth.
The Commonwealth is a party to the agreement.
Recovery of overpayments by Commonwealth through court action.
21E(3) Recovery of overpayments
The recovery of overpayments is between the Commonwealth and an individual.
Recovery of overpayments occurs between the Commonwealth and an individual.
(3) An overpaid amount may be recovered by the Commonwealth...
The recovery of overpayments is a claim made by the Commonwealth.
Recovery of overpayments is a claim made by the Commonwealth.
The recovery of overpayments is recognized as a legitimate action.
Recovery of overpayments is recognized as a legitimate action.
The Commonwealth has an obligation to recover overpayments.
Recovery of overpayments is an obligation.
The recovery of overpayments diffuses to individuals.
Recovery of overpayments diffuses to individuals.
Deduction of overpaid amount from other payable amounts
21E(4) Recovery of overpayments
22 Telecommunications (Consumer Protection and Service Standards) Amendment Act
22 Public may request information
Request for information about ACA assessment
22(1) Public may request information
Must comply with a request for information.
22(2) Public may request information
Prohibition on disclosure of certain information
22(3) Public may request information
Consider reasonableness of requirement when giving direction
22(6B) Telecommunications (Consumer Protection and Service Standards) Amendment Act
...the requirement under subsection (3) is reasonable.
22(7) Telecommunications (Consumer Protection and Service Standards) Amendment Act
overlaps with section 46A of the Acts Interpretation Act 1901
Defines the temporal scope of disallowable instruments
(7) A determination under subsection (6) is a disallowable instrument for section 46A of the Acts Interpretation Act 1901
Prohibits a determination under subsection (6)
(7) A determination under subsection (6) is a disallowable instrument
Prevents a determination under subsection (6) from being used as an instrument
contains section 46A of the Acts Interpretation Act 1901
Defines the scope of disallowable instruments in terms of temporal intervals
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.92
22A Request for information that is unavailable under section 22
Defines eligible persons for a claim period
22A(1) Request for information that is unavailable under section 22
Eligible person may request ACA to make available specified information or documents.
22A(2) Request for information that is unavailable under section 22
Eligible person has right to request information.
The ACA must comply with a request as provided for in section 22B.
22A(3) Request for information that is unavailable under section 22
Request for information that is unavailable under section 22
22A(4) Request for information that is unavailable under section 22
Prohibits making available information that could cause damage to another person's interests
Consider relevant matters when determining the question referred to in paragraph (4)(b)
22A(5) Request for information that is unavailable under section 22
Permission to disclose information under certain conditions.
22A(6) Request for information that is unavailable under section 22
The person will not disclose the information, or the contents of the document, except to one or more specified persons.
Temporal relationship between disclosure and specification
(6) For the purposes of this section, a person may give the ACA a written undertaking...
Conditional relationship between disclosure and specification
Relationship between disclosure and specification
The information, documents or persons may be specified by name, by inclusion in a class...
Must comply with undertaking given under subsection (6)
22A(7) Request for information that is unavailable under section 22
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.94
22B How the ACA is to comply with a request
The ACA may comply with a request by providing information in writing or other forms.
22B(1) How the ACA is to comply with a request
Document must include a part of a document.
22B(2) How the ACA is to comply with a request
Classifies as a document that includes a part of a document.
22C Minister’s information-gathering powers
Minister has reason to believe a carrier or carriage service provider has relevant information.
22C(1) Minister’s information-gathering powers
Minister's obligation to gather information
Minister requires carrier or provider to provide information.
22C(2) Minister’s information-gathering powers
22C(3) Minister’s information-gathering powers
The carrier or provider MUST comply with the notice.
(3) The carrier or provider must comply with the notice.
Notice under subsection (2) is disallowable instrument
22C(4) Minister’s information-gathering powers
Notice overlaps with disallowable instruments
Disallowance implies notice is not an instrument
Notice is contained in disallowable instruments
22D Minister may modify way in which this Division applies
The Minister may modify the application of this Division.
22D(1) Minister may modify way in which this Division applies
22D(2) Minister may modify way in which this Division applies
Defines temporal overlap for 'disallowable instrument'
Defines classification for 'disallowable instrument'
Prohibits determination as an instrument for section 46A.
Defines implication for 'disallowable instrument'
Defines temporal containment for 'disallowable instrument'
Defines modifications to the Telecommunications (Consumer Protection and Service Standards) Act 1999
22D(3) Minister may modify way in which this Division applies
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.95
23 ACA must maintain Register/s
Maintain a Register with specified documents
23(1) ACA must maintain Register/s
Maintain Register(s) by electronic means.
23(2) ACA must maintain Register/s
(2) The Register or Registers may be maintained by electronic means.
Allow inspection and copying of Register(s) on payment of charge.
23(3) ACA must maintain Register/s
...make a copy of, or take extracts from...
Maintain a copy of the Register if provided with a printout
23(4) ACA must maintain Register/s
Provide information in electronic form upon request
23(5) ACA must maintain Register/s
Grant permission to provide information electronically
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.96
23A Delegation to the ACA
Delegation of powers to ACA SES employees
23A(1) Delegation to the ACA
Delegation may be subject to specified conditions.
23A(2) Delegation to the ACA
Notice of delegation must be published in the Gazette.
23A(3) Delegation to the ACA
Obligation to publish notice of delegation
Minister or ACA must publish notices in the Gazette as required by a provision of this Act.
23B Effect of failure to publish notices in the Gazette
Minister or ACA has an obligation to publish notices in the Gazette.
23C Offence of failing to lodge eligible revenue return
Failing to lodge eligible revenue return is an offence.
23C(1) Offence of failing to lodge eligible revenue return
Obligation to lodge eligible revenue return.
The ACA requires the person to give an eligible revenue return.
Classification of failing to lodge eligible revenue return as an offence.
The provision classifies the action as an offence.
Failure to lodge eligible revenue return is an offence that must be repeated for each day of non-compliance.
23C(2) Offence of failing to lodge eligible revenue return
Offence of failing to lodge eligible revenue return
23C(3) Offence of failing to lodge eligible revenue return
Excludes temporal overlap between sections 583 and this provision
(3) Despite anything in section 583 of the Telecommunications Act 1997, that section does not apply to an offence under subsection (1).
Prohibits the offence of failing to lodge eligible revenue return
Prohibits the application of section 583 to this provision
New Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 Schedule 1
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.97
23D Penalty for late payment of levy
23D(1) Penalty for late payment of levy
20% penalty rate for late payment of levy
23D(2) Penalty for late payment of levy
Remission of penalty for late payment of levy
23D(3) Penalty for late payment of levy
(3) The ACA may remit the whole or part of a penalty that a person is liable to pay under subsection (2).
23D(4) Penalty for late payment of levy
Payment of penalty into Consolidated Revenue Fund
23D(5) Penalty for late payment of levy
Imposes an obligation on the state to pay penalty into Consolidated Revenue Fund
Penalty for late payment of levy rounded to the nearest dollar
23D(6) Penalty for late payment of levy
Imposes an obligation on the state to round penalties to the nearest dollar
Notify person of liability for late payment of levy
23D(7) Penalty for late payment of levy
23D(8) Penalty for late payment of levy
Applicable to each universal service area except to the extent that a determination of alternative arrangements modifies the way they apply, or excludes them from applying.
24 Telecommunications (Consumer Protection and Service Standards) Amendment Act
26 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Primary universal service provider must comply with ACA requirements if ceasing alternative telecommunications services.
26(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Primary universal service provider must comply.
26(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
28 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Minister may determine commencement date for universal service areas.
28(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Notice must be published in the Gazette stating a person is a primary universal service provider.
28(6) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Variation or revocation of deemed determination is disallowed for section 46A of the Acts Interpretation Act 1901.
28(7) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Applicability of section to agreements made before, on or after commencement
28(8) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Establishes timeframes for supply of equipment, goods or services; performance standards for universal service obligation; processes for advising persons about availability and terms and conditions.
30 Telecommunications (Consumer Protection and Service Standards) Amendment Act
32 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Regulates timeframes for supply of equipment, goods or services; performance standards for universal service obligation; processes for advising persons about availability and terms and conditions.
34 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Regulates timeframes for supply of equipment, goods or services.
36 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Notice to ACA must be given at least 45 days prior to the commencement of procedures.
36(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Regard must be had to certain matters when deciding whether to approve a draft.
36(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
36(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Approval process for draft variations of approved standards and marketing plans.
38 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.8
4 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Note: These apply to universal service areas in respect of a contestable service obligation or obligations (see subsection 11(3)).
40 Telecommunications (Consumer Protection and Service Standards) Amendment Act
42 Telecommunications (Consumer Protection and Service Standards) Amendment Act
44 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Draft standard marketing plan must set out equipment, goods or services and arrangements for supplying and marketing them.
44(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Must provide a plan that meets certain requirements.
Approved standard marketing plan for applicant or competing universal service provider
44(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Standard marketing plan is an obligation for the state
Each draft or approved standard marketing plan may cover one or more universal service areas in respect of one or more contestable service obligations.
44(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
46 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Must provide arrangements for transfer of customers in case another universal service provider ceases to supply equipment, goods or services.
46(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Consideration of matters relevant to draft approval
46(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
46(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
48 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Approved ATS marketing plan is an approved ATS marketing plan for the applicant or competing universal service provider concerned.
48(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
The text asserts a property about the approved ATS marketing plan.
ATS marketing plan must cover only one universal service area and one contestable service obligation.
48(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Must cover only one universal service area and one contestable service obligation.
48(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
A copy of a determination must be published in the Gazette.
50 Telecommunications (Consumer Protection and Service Standards) Amendment Act
50(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
50(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Provider must give consideration to public submissions on preliminary variation draft.
52 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Provider must give consideration to public submissions.
Modifies provisions by excluding their application entirely, omitting, adding, or substituting them.
54 Telecommunications (Consumer Protection and Service Standards) Amendment Act
56 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Single area for digital data service provider purposes
56(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
General digital data service provider must take reasonable steps to fulfil the general digital data service obligation.
56(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Special digital data service provider must take reasonable steps to fulfil special digital data service obligation.
56(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
58 Telecommunications (Consumer Protection and Service Standards) Amendment Act
58(10) Telecommunications (Consumer Protection and Service Standards) Amendment Act
58(11) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Minister's written determination on information assisting a specified thing
58(8) Telecommunications (Consumer Protection and Service Standards) Amendment Act
58(9) Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.10
Public scrutiny of universal service regime decisions
6 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
60 Telecommunications (Consumer Protection and Service Standards) Amendment Act
62 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Publish a copy of the notice in the Gazette.
62(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Publishing a copy of the notice in the Gazette.
Minister must provide written notice to provider if refusal to approve variation
62(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Variation of current plan upon Minister's approval
62(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Minister must provide copy of approved variation to ACA.
62(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Lay before Parliament within 5 sitting days after making determination or variation.
64 Telecommunications (Consumer Protection and Service Standards) Amendment Act
66 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Minister may make written determination specifying method of ascertaining amount.
66(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
The amount worked out under such a determination may be zero.
66(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
66(6) Telecommunications (Consumer Protection and Service Standards) Amendment Act
68 Telecommunications (Consumer Protection and Service Standards) Amendment Act
70 Telecommunications (Consumer Protection and Service Standards) Amendment Act
72 Telecommunications (Consumer Protection and Service Standards) Amendment Act
72(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Definition of gross telecommunications revenue
72(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Correctly states a person's eligible revenue for an eligible period.
74 Telecommunications (Consumer Protection and Service Standards) Amendment Act
76 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Levy credit calculation for a claim period
76(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Obligation on the state to provide levy credit
Claim must include specific details in a form approved by the ACA.
76(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Verification of statements in a claim may be required.
76(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
A copy of the determination made under subsection (1)
76(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act
78 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Must provide assessment details for universal service providers and digital data service providers.
78(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act
The assessment must be based on the claim, ACA inquiries, and relevant information.
78(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act
Obligation to provide assessment based on claim and ACA inquiries.
The assessment must be based on the claim; and
Must provide a copy of the assessment to the person concerned.
78(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act
The assessment contains information about the person concerned.
Establishes a universal service regime with obligations and subsidy.
8 Simplified outline
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.12
8 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Universal service obligation includes supply of standard telephone services, payphones, and carriage services.
8(2) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Universal service obligation includes specific services.
Services are subclasses of universal service obligation.
Minister may make written determination on universal service obligation.
8(3) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Minister has the power to make a determination.
Determination applies to specified locations in Australia.
No obligation under paragraph (2)(a) for equipment, goods or services not supplied with standard telephone service.
8(4) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
in relation to particular equipment, goods or services the supply of which is treated under section 9E as the supply of a standard telephone service
Excluding equipment, goods or services from temporal scope
(4) An obligation does not arise under paragraph (2)(a)
Excluding equipment, goods or services from standard telephone service
No obligation under paragraph (2)(c) for certain equipment, goods or services.
8(5) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
Excluding specific cases from an obligation.
Customer must be given option to hire equipment.
8(6) Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
The amount of excess balance is the amount of that balance.
80 Telecommunications (Consumer Protection and Service Standards) Amendment Act
82 Telecommunications (Consumer Protection and Service Standards) Amendment Act
84 Telecommunications (Consumer Protection and Service Standards) Amendment Act
86 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Making available of certain information is prohibited.
88 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Prohibits making available of certain information.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.9
Provide standard telephone services, payphones, and digital data services on an equitable basis.
8A Objects
8B Special meaning of Australia
References to Australia include Christmas Island, Cocos (Keeling) Islands, and external Territories.
8B(1) Special meaning of Australia
A reference to Australia is a temporal subset of...
Australia includes Christmas Island, Cocos (Keeling) Islands, and external Territories.
A reference to Australia is a conceptual subset of...
A reference to Australia includes a reference to...
A reference to Australia is a subclass of...
A reference to Australia is a spatial subset of...
Definition of Australia in section 7 of the Telecommunications Act 1997 does not apply to this Part.
8B(2) Special meaning of Australia
8C Meaning of service area
Service area has temporal inclusion with geographical areas within Australia
Service area includes geographical areas within Australia and areas of land.
Service area has a recurring trace with geographical areas within Australia
8D Meaning of claim period
Defines claim period as the 2000-2001 financial year and later years, or a period determined by the Minister.
8D(1) Meaning of claim period
Determine different periods for universal service subsidies and digital data costs.
8D(2) Meaning of claim period
A period determined by the Minister must not be part of more than one financial year.
8D(3) Meaning of claim period
must not overlap with another financial year.
Describes the temporal relationship between periods.
(3) A period determined by the Minister under paragraph (1)(b)
must not be part of more than one financial year.
Describes how AI systems can infer obligations from text.
must not be a part of more than one financial year.
Prohibits a period from being part of more than one financial year.
Describes how obligations propagate through time.
must be part of only one financial year.
Describes the periodic nature of financial years.
Modifies the application of this Part to carriers and carriage service providers
8D(4) Meaning of claim period
A determination under paragraph (1)(b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
8D(5) Meaning of claim period
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.11
Defines alternative telecommunications services (ATS) for the purposes of this section.
8E Meaning of alternative telecommunications services, or ATS
8F Meaning of approved auditor
8F(1) Meaning of approved auditor
is included in the class of persons specified in the written determination
Class of persons specified in a written determination
(1) A reference in this Part to an approved auditor
is a reference to a person included in a class of persons specified in a written determination
Reference to an approved auditor is a reference to a person in a class
8F(2) Meaning of approved auditor
Defines disability in relation to the Disability Discrimination Act 1992.
8G Meaning of disability
Universal service obligation to ensure standard telephone services are reasonably accessible to all people in Australia.
9 Universal service obligation
90 Telecommunications (Consumer Protection and Service Standards) Amendment Act
92 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.98
94 Telecommunications (Consumer Protection and Service Standards) Amendment Act
9A Determinations of what is necessary to ensure reasonable
Minister may determine what is necessary to ensure reasonable access to standard telephone services.
9A(1) Determinations of what is necessary to ensure reasonable
Minister may determine criteria for payphone locations and processes for public consultation and complaint resolution.
9A(2) Determinations of what is necessary to ensure reasonable
Determination is made during a specific time period.
Minister has the power to determine criteria.
Minister's discretion to determine necessary measures for reasonable carriage services
9A(3) Determinations of what is necessary to ensure reasonable
Minister's discretion to determine necessary measures
Subsection 9(3) and subsection (2) of this section do not limit the generality of one another.
9A(4) Determinations of what is necessary to ensure reasonable
9A(5) Determinations of what is necessary to ensure reasonable
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.13
9B What is a service obligation?
9B(1) What is a service obligation?
The Minister may determine service obligations in writing.
9B(2) What is a service obligation?
Service obligation must specify what must be supplied or done to fulfill it.
9B(3) What is a service obligation?
Payment is required for phone calls made from a payphone.
9C Payphones
Defines prescribed carriage service as a carriage service specified in regulations.
9D Prescribed carriage services
9E Supply of standard telephone services
Regulations prescribe customer equipment for standard telephone service supply.
9E(1) Supply of standard telephone services
References customer equipment or services.
A reference to the supply of a standard telephone service includes a reference to the supply, to a person with a disability, of customer equipment, goods or services.
9E(2) Supply of standard telephone services
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.15
Prescribed carriage service includes supply of customer equipment, goods, and services.
9F Supply of prescribed carriage services
Minister may make written determination about universal service area
9G Universal service areas
9H Effect of determination
9H(1) Effect of determination
9H(2) Effect of determination
The specified time is during the duration of the determination.
(2) If the determination is expressed to cease to have effect at a specified time...
Temporal interval of cessation (Diffusion)
Variation or revocation of a determination under section 9G takes effect on the specified day after notice is published in the Gazette.
9H(3) Effect of determination
9J Transitional arrangements may be determined
Minister may determine arrangements after revocation of a determination.
9J(1) Transitional arrangements may be determined
9J(2) Transitional arrangements may be determined
Continuation of repealed Part 2 despite repeal and substitution
1 Application of repealed Part 2
If something was done before the Act received Royal Assent, under or for the purposes of a provision of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, then it is taken to have been done under or for the purposes of the latter provision.
2 Things done under repealed Part 2
...then, after the commencement of Schedule 1, the thing is taken to have been done under or for the purposes of the latter provision.
The thing is taken to have been done under or for the purposes of the latter provision if it was done before the commencement of Schedule 1.
(1) If: (a) something was done (other than something covered by item 3), before this Act received the Royal Assent...
If something was done before the Act received Royal Assent, then it is taken to have been done under or for the purposes of the latter provision.
(a) something was done (other than something covered by item 3), before this Act received the Royal Assent...
...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.
The thing is taken to have been done by that other person or body if it would have been done after the commencement of Schedule 1.
(2) If the thing would have been done by another person or body, had it been done after the commencement of Schedule 1...
Defines eligible instruments under repealed Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
3 Effect of instruments made under repealed Part 2
subparagraph 11(b)(iii), subparagraph 9C(b)(iii), section 12, etc.
Identifies equivalent provisions of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
This table sets out the original provisions, and their equivalent provisions, of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.100
4 References to certain terms in eligible instruments
The Minister must approve or refuse approval of a draft universal service plan within Division 4 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
5 Treatment of draft universal service plans
The Minister must approve or refuse approval of a draft universal service plan.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.101
Approved universal service plans must be treated in a certain way after the Act receives Royal Assent.
6 Treatment of approved universal service plans
Advice from ACA is binding on the Minister.
6A ACA advice under section 16A
Advice from ACA is given to the Minister.
Definition of eligible person for section 22A of the Telecommunications (Consumer Protection and Service Standards) Act 1999
7 Meaning of eligible person
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.102
Application of requirement to maintain Register/s
8 Application of requirement to maintain Register/s
Governor-General may make regulations on transitional matters.
9 Transitional regulations
Governor-General has the power to make regulations.
Equivalent provisions of the Telecommunications (Consumer Protection and Service Standards) Act 1999
96 Telecommunications (Consumer Protection and Service Standards) Amendment Act
98 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.103
1 Section 7 (paragraphs (i) and (j) of the definition of civil
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.107
Repeal section and substitute with new provision
10 Section 99
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.104
100 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.108
101A Penalty for late payment of levy
101A(1) Penalty for late payment of levy
101A(2) Penalty for late payment of levy
Imposes a duty on the state to impose penalties for late payment of levy
101A(3) Penalty for late payment of levy
101A(4) Penalty for late payment of levy
101A(5) Penalty for late payment of levy
101A(6) Penalty for late payment of levy
101A(7) Penalty for late payment of levy
Imposes a duty on ACA to notify person of liability
101A(8) Penalty for late payment of levy
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.109
101B Performance bonds and guarantees
The Minister may require a person to obtain performance bonds or guarantees.
101B(1) Performance bonds and guarantees
101B(2) Performance bonds and guarantees
101B(3) Performance bonds and guarantees
101B(4) Performance bonds and guarantees
Definition of most recent levy assessment
101C Meaning of most recent levy assessment
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.106
Definitions and meanings for various terms related to telecommunications.
102 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Must be a participating person for the last eligible revenue period and covered by the most recent levy assessment.
104 Telecommunications (Consumer Protection and Service Standards) Amendment Act
(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.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.110
106 Telecommunications (Consumer Protection and Service Standards) Amendment Act
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.112
108 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Taxpayer's eligible revenue for a quarter is the most recent levy assessment made before the start of the quarter.
11 Subsection 100(3) (definition of eligible revenue)
Temporal relation between levy assessments and quarters
The most recent levy assessment must be made before the start of the quarter.
The definition must be substituted with the new definition.
Section 101C defines the most recent levy assessment.
12 At the end of Division 3 of Part 3
13 At the end of Division 3 of Part 3
Exemptions from subsection (6) obligations
14 After subsection 107(6)
exemption applies if disallowable instrument is applicable during this Act or the Telecommunications Act 1997
Temporal interval during which exemption applies
one or more disallowable instruments under this Act (other than regulations under subsection (2)) or the Telecommunications Act 1997
exemption applies if one or more agreements are applicable during this Act or the Telecommunications Act 1997
Conditional exemption based on agreement applicability
Conditional exemption based on disallowable instrument applicability
exemption does not apply if one or more agreements are applicable until this Act or the Telecommunications Act 1997
Temporal interval until which exemption does not apply
15 After section 159
159A Review of operation of Parts 2 and 5 of this Act
Commence review of operation of Parts 2 and 5 within 3 years after Royal Assent.
159A(1) Review of operation of Parts 2 and 5 of this Act
Public must make written submissions for review of operation of Parts 2 and 5 of the Act.
159A(1A) Review of operation of Parts 2 and 5 of this Act
Public obligation to make written submissions
Review of operation of Parts 2 and 5 of this Act
159A(2) Review of operation of Parts 2 and 5 of this Act
Lay a copy of the review report before each House within 15 sitting days.
159A(3) Review of operation of Parts 2 and 5 of this Act
The Minister MUST cause a copy of the report to be laid before each House.
2 Section 66
Repeal paragraph and substitute with new obligation
3 Paragraph 105(3)(e)
Repeal paragraph and substitute with new operation of Parts 2 and 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
4 Paragraph 105(3)(ea)
Insertions of decisions related to remission of late payment penalty
5 After paragraph (1)(j) of Schedule 4
6 Subsection 2(2)
Continuation of subsection 2(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999
7 Application
Defines terms for telecommunications services and obligations.
8 Subsection 5(2)
ATS in Part 2 is defined as alternative telecommunications services with the meaning given by section 8E.
alternative telecommunications services, or ATS, in Part 2 has the meaning given by section 8E.
Continuation of subsection 5(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999
9 Application
99 Persons liable to pay levy (taxpayers)
1 Meaning of former law
the Telecommunications Act 1997 as in force immediately before the commencement of item 15 of Schedule 4 to the Telecommunications Legislation Amendment Act 1999.
former law means the Telecommunications Act 1997 as in force immediately before the commencement of item 15 of Schedule 4 to the Telecommunications Legislation Amendment Act 1999.
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.114
Reduction of carrier's levy credit balance
110 Telecommunications (Consumer Protection and Service Standards) Amendment Act
Prohibits reduction of carrier's levy credit balance
Payment of levy if certain conditions met
2 Levy distribution for 1998-1999 financial year
Return under section 191 of the former law for the 1998-1999 financial year
Assessment based on estimate of eligible revenue
3 Assessment based on estimate of eligible revenue
The assessment based on an estimate must occur after receiving a return from the carrier concerned
Assessment based on estimate must occur after receiving return
Section 193 of the former law requires ACA to make written assessments within a certain timeframe
The ACA may estimate and assess eligible revenue if a return is not provided
Section 191 of the former law requires participating carriers to submit returns
The ACA must not make an assessment based on an estimate after receiving a return from the carrier concerned
Prohibition on making assessment based on estimate after receiving return
Section 193 of the former law requires ACA to make written assessments
The ACA may change its assessment if a return is later given to the ACA
Permission to change assessment if return is later given
Section 193 of the former law requires ACA to make written assessments based on estimates
The ACA must give at least 14 days' notice to the carrier of its proposal to make an assessment based on an estimate
Obligation to provide notice of proposal to make assessment
Section 193 of the former law requires ACA to give at least 14 days' notice to carriers of its proposals
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.113
Participating carrier must pay levy unless Commonwealth recovers it.
4 Nil assessments
Assessment may be made if carrier cannot pay levy.
Assessment under section 193 of the former law or item 3 of this Schedule may be made.
Carrier's eligible revenue is nil if carrier cannot pay levy.
If carrier cannot pay levy, then carrier's eligible revenue is nil.
Carrier's eligible revenue is classified as nil.
Carrier's eligible revenue is classified as nil if carrier cannot pay levy.
Carrier's eligible revenue for the 1998-1999 financial year is classified as nil.
Carrier is unlikely to pay levy unless Commonwealth recovers it.
Assessment may be made if Commonwealth recovers levy.
If Commonwealth recovers levy, then assessment under section 193 of the former law or item 3 of this Schedule may not be made.
5 Distributions before all levies have been paid
Ensure payments are made in accordance with proportions
6 Working out how much levy is payable
Must ensure payments are made in accordance with proportions
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.115
former law is a subclass of Telecommunications (Consumer Protection and Service Standards) Act 1999
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.116
No change required if return is later given to ACA.
112 Telecommunications (Consumer Protection and Service Standards) Amendment Act
If a return is later given, no change is required.
2 Levy distribution for 1999-2000 financial year
The ACA must give at least 14 days' notice to the carrier of the ACA's proposal to make the assessment based on the estimate, and of the amount of eligible return proposed to be assessed.
Ensure payments are made in accordance with proportions determined by the Minister.
The payments must be made within the year.
This item continues to apply until each carrier’s levy credit balance for the year is reduced to nil.
Obligation to ensure payments are made in accordance with proportions.
The ACA must act in accordance with those proportions.
The ACA may reduce the levy credit balance of a carrier.
Permission to reduce levy credit balance.
A carrier’s levy credit balance for the year is reduced by the amount (worked out under this item) that is paid to the carrier.
Obligation to pay in accordance with proportions.
If the total of the amounts payable to carriers out of the Universal Service Account is more than the balance of the Universal Service Account, after paying any refunds that are due under section 79 of the former law, the ACA must:
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.5
1 Short title
telecommunications-consumer-protection-and-service-standards-amendment-act.pdf, p.6
Conditional commencement based on receipt of Royal Assent.
1 January, 1 April, 1 July or 1 October following the day on which
Amendment of the Telecommunications (Consumer Protection and Service Standards) Act, 2000
2 Telecommunications (Consumer Protection and Service Standards) Amendment Act (No.
2 Commencement
2(1) Commencement
Requires temporal relation between commencement and Royal Assent
2(2) Commencement
Conditional commencement of Schedule 3 items
2(3) Commencement
Schedules governing amendments and repeals of Acts
3 Schedule(s)
An Act to amend the Telecommunications (Consumer Protection and Service Standards) Act 1999, and for related purposes
Telecommunications (Consumer Protection and Service Standards) Amendment Act (No. 2) 2000