Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024
An Act to amend the law relating to telecommunications, and for other purposes
1 Short title
2 Commencement
1 Section 1
1 June 2024
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
1 Paragraph 152BCCB(a)
Insert a benchmark set after a standard determined.
2 Paragraph 152BDCB(a)
3 Subsection 152BEBH(1)
Insert ', or a benchmark set,' after 'a standard determined'.
4 Paragraph 152CBID(a)
Insert ‘, or a benchmark set’ after ‘a standard determined’.
5 Section 360
Substitute 'make available on its website' for 'publish'
6 Section 360A
Definitions for statutory infrastructure providers
7 Section 360A (definition of designated day)
Repeal the definition of designated day.
8 Section 360A (definition of interim NBN service area)
Repeal the definition of interim NBN service area.
9 Section 360A
Temporal interval applies to telecommunications services
10 Section 360A (definition of nominated service area)
11 Section 360A (definition of provisional interim NBN
Repeal definition of provisional interim NBN service area
12 Section 360A (definition of provisional nominated service
13 Section 360A
Definition of radiocommunications fixed voice call
radiocommunications fixed voice call is a subclass of carriage service
carriage service is a superclass of radiocommunications fixed voice call
radiocommunications fixed voice call is a subclass of telecommunications network
telecommunications network is a superclass of radiocommunications fixed voice call
radiocommunications fixed voice call is provided using a carriage service
carriage service is provided before radiocommunications fixed voice call
radiocommunications fixed voice call is marketed to customers
customers are marketed before radiocommunications fixed voice call
end-users must be able to make and receive voice calls at premises occupied or used by the end-users
end-users have a duty to make and receive voice calls at premises occupied or used by the end-users
statutory infrastructure providers must supply radiocommunications fixed voice call using a telecommunications network other than a fixed-line telecommunications network
statutory infrastructure providers have a duty to supply radiocommunications fixed voice call using a telecommunications network other than a fixed-line telecommunications network
14 Section 360A (definition of request)
15 Section 360A (paragraph (a) of the definition of statutory
16 Section 360A (after paragraph (c) of the definition of
17 At the end of subsection 360AA(2)
Reference to Interpretation Act 1901 for variation and revocation
18 At the end of Division 1 of Part 19
360AB Associate
Associate definition for control of facility or company
(1) For the purposes of this Part, an associate...
...an associate of a person (the first person)...
360AC Control
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
360AD Control of a company
360AD(1) Control of a company
Determines the question of control of a company under Schedule 1 to the Broadcasting Services Act 1992.
Schedule 1 to the Broadcasting Services Act 1992
360AD(2) Control of a company
Definition of associate in section 360AB applies instead.
360AE When a person is in a position to exercise control of a facility
A person is in a position to exercise control of a facility if they own it or have significant influence over its operation.
Person owns facility or has significant influence over its operation.
Person is in a position to exercise control of the facility.
Person exercises control of facility during a certain period.
Person is in a position to exercise control of the facility during that period.
Person has control implies they are in a position to exercise control.
Person is in a position to exercise control if they have control.
Person's influence spreads through the facility.
Person's influence diffuses through the facility.
19 Section 360B
Repeal section and substitute with new provision
360B Simplified outline of this Division
Statutory infrastructure providers for different types of service areas
Notice given by a carrier or carriage service provider determines the anticipated service area
The notice must be given within a certain timeframe to determine the statutory infrastructure provider
Carrier or carriage service providers are responsible for nominated and anticipated service areas
The carrier or carriage service provider is declared by the Minister as the statutory infrastructure provider
The carrier or carriage service provider must provide services within the designated area
Minister declares designated service areas and their statutory infrastructure providers
The Minister has the authority to declare designated service areas
The Minister must provide information about the designated service area and its statutory infrastructure provider
NBN Co is the statutory infrastructure provider for general service areas
NBN Co is declared as the statutory infrastructure provider for general service areas
NBN Co must provide services within the designated area
20 Section 360C
360C Service area
21 Subdivision A of Division 2 of Part 19
Repeal Subdivision A of Division 2 of Part 19
22 Subdivision B of Division 2 of Part 19 (heading)
Repeal a heading and substitute with a new one.
23 Section 360F
Modify 'For the purposes of the application of this Part after the start of the designated day, the' to '(1) For the purposes of this Part, the'
24 After paragraph 360F(a)
Insertion of new sections for statutory infrastructure providers
Requires temporal intervals for conditional commencement
25 At the end of section 360F
Specify notice area as pending if not included in nominated or designated service areas
26 Section 360G
27 Subdivision C of Division 2 of Part 19 (heading)
28 Paragraph 360H(1)(a)
Inserts section 360HB after this section.
29 Paragraph 360H(2)(a)
30 After paragraph 360H(2)(a)
Carrier must not be statutory infrastructure provider for a service area that includes the project area.
Obligation to not be statutory infrastructure provider
Carrier is statutory infrastructure provider for a service area that includes the project area.
The project area is part of the service area.
The service area includes the project area.
31 Paragraph 360H(2)(b)
32 After paragraph 360H(2)(b)
Infrastructure is not backhaul infrastructure
33 Paragraph 360H(2)(d)
Insertion of 'or the part' after 'whole'
34 At the end of subsection 360H(3)
35 At the end of subsection 360H(3A)
section 33(3) of the Acts Interpretation Act 1901
36 Paragraph 360H(4)(a)
37 After paragraph 360H(4)(a)
The carrier must not be already the statutory infrastructure provider for a service area that includes the project area.
The carrier must not be already the statutory infrastructure provider.
38 Paragraph 360H(4)(b)
Insertion of phrase in building redevelopment project
39 After paragraph 360H(4)(b)
40 Paragraph 360H(4)(d)
Insertion of phrase in paragraph 360H(4)(d)
41 At the end of subsection 360H(5)
42 At the end of subsection 360H(5A)
Reference to Acts Interpretation Act 1901 for variation and revocation
43 Paragraph 360H(6)(a)
Insert '(the relevant area)' after 'area'
44 After paragraph 360H(6)(a)
The carrier must not be already the statutory infrastructure provider for a service area that consists of, or includes, the relevant area.
The relevant area is a service area that consists of, or includes, the relevant area.
45 Paragraphs 360H(6)(b) and (d)
46 After paragraph 360H(6)(d)
The infrastructure is not backhaul infrastructure.
47 Subsection 360H(6)
48 At the end of subsection 360H(7)
Add statutory infrastructure providers to Schedule 1
49 Subsections 360H(8) and (9)
49(8) Subsections 360H(8) and (9)
Carrier must make declaration available on website.
Obligation to make declaration available
49(9) Subsections 360H(8) and (9)
Carrier must provide declaration to ACMA within 10 business days.
Carrier has a duty to provide declaration.
50 At the end of subsection 360H(11)
51 Subsection 360H(12)
Prohibits insertion after 'revoked' without exception under subsection (12A)
52 After subsection 360H(12)
ACMA may revoke a declaration made under this section.
53 Subsections 360H(14), (15), (16) and (17)
53(14) Subsections 360H(14), (15), (16) and (17)
Carrier may vary declaration with ACMA approval
53(15) Subsections 360H(14), (15), (16) and (17)
ACMA may approve carrier variation of declaration under this section.
53(16) Subsections 360H(14), (15), (16) and (17)
Application under subsection (15) must be in writing and comply with ACMA-approved form.
Information and documents as specified under subsection (17)
53(17) Subsections 360H(14), (15), (16) and (17)
ACMA may specify information or documents accompanying an application under subsection (15)
53(17A) Subsections 360H(14), (15), (16) and (17)
Carrier must provide variation to ACMA within 10 business days.
54 Subsection 360H(18) (heading)
55 After subsection 360H(18)
A revocation under subsection (12A) is not a legislative instrument.
56 Paragraph 360HA(1)(a)
57 Paragraph 360HA(1)(b)
Insertion of phrase in paragraph 360HA(1)(b)
58 After subparagraph 360HA(1)(c)(i)
Insert Schedule 1 Statutory infrastructure providers
59 Paragraph 360HA(1)(d)
Substitute time period in paragraph 360HA(1)(d)
60 Subparagraph 360HA(1)(c)(ii)
61 Paragraph 360HA(2)(a)
62 Paragraph 360HA(2)(c)
Insertion of phrase in paragraph 360HA(2)(c)
63 Subparagraph 360HA(2)(d)(ii)
64 Paragraph 360HA(3)(a)
65 Paragraph 360HA(3)(b)
66 After subparagraph 360HA(3)(c)(i)
Inserts date of contract entry into subparagraph 360HA(3)(c)(i)
67 Subparagraph 360HA(3)(c)(ii)
68 Paragraph 360HA(3)(d)
Substitute time period for business days
69 Paragraph 360HA(4)(a)
70 Paragraph 360HA(4)(c)
71 After subparagraph 360HA(4)(d)(i)
Inserts date of contract entry into subparagraph 360HA(4)(d)(i)
72 Subparagraph 360HA(4)(d)(ii)
73 At the end of section 360HA
73(5) At the end of section 360HA
Carrier may vary notice with ACMA approval
73(6) At the end of section 360HA
ACMA may approve carrier variation of notice under section 360HA
Permission to approve carrier variation of notice
73(7) At the end of section 360HA
Application must be in writing and comply with ACMA-approved form.
Information and documents as specified under subsection (8).
73(8) At the end of section 360HA
ACMA may specify information or documents accompanying an application under subsection (6)
74 After section 360HA
360HB Nominated service area—declaration made by a carriage
360HB(1) Nominated service area—declaration made by a carriage
A provisional nominated service area is a nominated service area if it is not part of a subsequent declaration or designated service area.
360HB(2) Nominated service area—declaration made by a carriage
Carriage service provider must declare a nominated service area within 20 business days after relevant time.
Written instrument declaring the nominated service area.
Obligation to provide written instrument.
360HB(3) Nominated service area—declaration made by a carriage
The Minister may specify conditions for the purposes of paragraph (2)(f).
360HB(4) Nominated service area—declaration made by a carriage
Exempt a specified real estate development project from subsection (2)
(4) The Minister may, by legislative instrument...
360HB(5) Nominated service area—declaration made by a carriage
Exempts determination under subsection 360Q(4) from paragraph (2)(d)
360HB(6) Nominated service area—declaration made by a carriage
Statutory infrastructure providers must declare a nominated service area.
360HC Nominated service area—anticipatory notice to be given to
Carriage service provider must provide carriage services to end-users at premises in the whole or a part of the project area when using the facility.
Subclass of obligations related to real estate development projects.
75 Section 360J
Insertion of '(1)' before 'For the purposes of this Part'
76 At the end of section 360J
76(2) At the end of section 360J
Implies effect of subsections (3) and (4)
76(3) At the end of section 360J
Minister may declare development area not a nominated service area.
76(4) At the end of section 360J
Minister may declare development areas not nominated service areas or vice versa.
76(5) At the end of section 360J
Cannot specify an area in a declaration without it being part of the development area.
77 At the end of subsection 360K(2)
Add Schedule 1 Statutory infrastructure providers at the end of subsection 360K(2)
78 After subsection 360K(1)
78(1A) After subsection 360K(1)
Carriage service provider is statutory infrastructure provider for nominated service area.
Carriage service provider is statutory infrastructure provider.
(a) an area is a provisional nominated service area because of a declaration made by a carriage service provider under section 360HB;
the carriage service provider is the statutory infrastructure provider for the nominated service area.
Carriage service provider's declaration applies during provisional nominated service area period.
the carriage service provider's declaration applies during the provisional nominated service area period.
(b) the whole or a part of the provisional nominated service area is a nominated service area;
Carriage service provider's declaration applies to nominated service area.
the carriage service provider's declaration applies to the nominated service area.
78(1B) After subsection 360K(1)
Minister may declare exemptions or designations for nominated service areas.
Minister declares exemptions or designations.
79 Paragraph 360K(3)(b)
Substitute subsection 360J(1) for section 360J.
80 At the end of subsection 360K(4)
81 At the end of section 360K
Declare specified carrier as statutory infrastructure provider for nominated service area.
82 After section 360K
360KA Anticipated service area
360KA(1) Anticipated service area
Area specified in an anticipatory notice given by a carriage service provider is an anticipated service area.
360KA(2) Anticipated service area
If a notice is in force under subsection 360HC(1) in relation to the whole or a part of the project area of a real estate development project, and the project involves the construction of one or more building units in the area specified in the notice.
Notice is in force under subsection 360HC(1)
Project involves construction of building units
360KB Statutory infrastructure provider for an anticipated service
360KB(1) Statutory infrastructure provider for an anticipated service
Carrier is statutory infrastructure provider for anticipated service area if specified in notice.
Carrier is statutory infrastructure provider.
(1) For the purposes of this Part, if: (a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project; and (b) the area is an anticipated service area; the carrier is the statutory infrastructure provider for the anticipated service area.
Notice given by carrier under subsection 360HA(1) relates to real estate development project.
Area specified in notice is an anticipated service area if specified by carrier under subsection 360HA(1).
(a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project; and (b) the area is an anticipated service area;
(b) the area is an anticipated service area;
360KB(2) Statutory infrastructure provider for an anticipated service
Minister may declare exemption from subsection (1) for specified service area and carrier.
360KB(3) Statutory infrastructure provider for an anticipated service
Statutory infrastructure provider for an anticipated service area if specified in a notice.
360KB(4) Statutory infrastructure provider for an anticipated service
Declare specified anticipated service area and carriage service provider.
83 Section 360L
Insertion of '(1)' before 'The Minister'
84 Paragraph 360L(b)
Insertion of 'or carriage service provider' after 'carrier'
85 Section 360L (before the note)
Insert note for variation and revocation
86 Section 360L (note)
87 At the end of section 360L
88 Paragraphs 360LA(1)(a) and (b)
89 Paragraph 360LA(1)(f)
Repeal paragraph and substitute with new subsections
90 Paragraphs 360LA(1)(g) and (h)
Repeal and substitute paragraphs with new definitions.
91 After paragraph 360LA(2)(d)
Insert subsections 360HC(1) and 360HC(2)
92 Paragraphs 360LA(2)(e) and (f)
93 After subsection 360LA(2)
ACMA may determine a coordinate system by legislative instrument.
94 At the end of subsection 360LA(3)
95 At the end of section 360LA
Commencement of determination does not affect prior declarations or notices.
96 At the end of Division 2 of Part 19
360M Exempt real estate development projects
360M(1) Exempt real estate development projects
Exempt real estate development projects from subsection 360H(2) if certain conditions are met.
Telecommunications network infrastructure installed on or after 1 July 2020
360M(2) Exempt real estate development projects
Temporal interval of telecommunications network infrastructure installation
360N Exempt building redevelopment projects
Building redevelopment project exemption from subsection 360H(4)
Exempt building redevelopment projects from subsection 360H(4)
360NA Proximity to a project area
Telecommunications network infrastructure must be technically capable of supplying carriage services within the project area.
97 At the end of subsection 360P(3)
98 After subsection 360P(3)
The Minister may determine conditions under which this section has effect as if a certain area were a service area.
Conditions are satisfied during a certain time period
The conditions specified in the determination are satisfied
This section has effect as if Area were a service area
The Minister may determine conditions under which this section has effect
The Minister must determine conditions under which this section has effect
99 At the end of subsection 360P(5)
100 Paragraph 360P(8)(c)
Substitute 'made available' for 'published'
101 Subparagraph 360P(8)(d)(ii)
102 Subsection 360P(8) (note)
Replace 'For publication, see' with 'See also'
103 Subsection 360P(9)
Imposes a duty on the publisher to use the correct term
104 Subsection 360P(9) (note)
105 At the end of subsection 360P(10)
106 At the end of subsection 360P(11B)
107 Subparagraph 360P(12)(c)(i)
Insert reasons for refusal after 'refusal'
108 Paragraph 360Q(1)(b)
Omit “published”, substitute “made available”.
109 Subsection 360Q(1) (note)
110 Subsections 360Q(2) and (2A)
110(2) Subsections 360Q(2) and (2A)
The Minister may determine conditions under which this section has effect as if certain areas were service areas.
The Minister determines conditions under which this section has effect as if certain areas were service areas.
this section has effect as if certain areas were service areas
this section has effect as if certain areas were service areas during the specified period
110(2A) Subsections 360Q(2) and (2A)
The Minister may determine that a statutory infrastructure provider complies with its obligations.
110(2B) Subsections 360Q(2) and (2A)
Minister may determine conditions under which statutory infrastructure provider complies with obligations.
subsection 33(3) of the Acts Interpretation Act 1901
111 Before subsection 360Q(3)
112 At the end of subsection 360Q(4)
113 At the end of subsection 360Q(6)
114 Paragraph 360Q(9)(c)
Replace 'published' with 'made available'
115 Subparagraph 360Q(9)(d)(ii)
116 Subsection 360Q(9) (note)
117 Subsection 360Q(10)
Omit 'published', substitute 'made available'
118 Subsection 360Q(10) (note)
119 At the end of section 360Q
119(11) At the end of section 360Q
Statutory infrastructure provider must notify or refuse request within 10 business days.
Must provide notification or refusal within specified timeframe.
119(12) At the end of section 360Q
The Minister may specify a period for the purposes of subparagraph (11)(b)(ii).
119(13) At the end of section 360Q
Must provide written notice of refusal and reasons within 5 business days.
120 Subsection 360R(1)
Substitute 'person (the first person)' for 'carrier (the first carrier)'
121 After paragraph 360R(1)(a)
122 Subsection 360R(2)
123 Subsection 360R(2)
Substitute 'the first person will' for 'it will'
124 Subsection 360R(2)
Substitute 'the first person's' for 'its'
125 Subsection 360R(2)
126 At the end of paragraph 360R(2)(a)
Add statutory infrastructure providers to customers of the first person.
127 Paragraph 360R(2)(b)
Notice must be given at least 12 months before the first person can no longer fulfill their obligations.
128 After subsection 360R(2)
Notice must be in accordance with approved form
129 Paragraph 360R(3)(b)
130 Paragraph 360R(3)(b)
Omit 'carrier' (second occurring) and substitute 'person (being a carrier or carriage service provider)'
131 Subsection 360R(3)
132 At the end of paragraph 360R(3)(c)
Add customers of the first person to the list.
Adding entities to a set is an obligation.
133 Paragraph 360R(3)(d)
Statutory infrastructure providers must give notice at least 90 days before ceasing to fulfill obligations.
Statutory infrastructure providers must give notice.
134 At the end of section 360R
135 After section 360R
360RA Rules may impose additional notification obligations on a
360RA(1) Rules may impose additional notification obligations on a
Statutory infrastructure provider must comply with additional notification obligations.
360RA(2) Rules may impose additional notification obligations on a
Rules may impose additional notification obligations on a
360RA(3) Rules may impose additional notification obligations on a
360RA(4) Rules may impose additional notification obligations on a
360RA(5) Rules may impose additional notification obligations on a
360RA(6) Rules may impose additional notification obligations on a
Must comply with rules under subsection (1)
360RB Statutory infrastructure provider must have a website
136 After Division 3 of Part 19
360SA Notification obligations of carriage service provider
360SA(1) Notification obligations of carriage service provider
Notification obligations of carriage service provider
360SA(2) Notification obligations of carriage service provider
Carriage service provider must give written notice to end-users within 5 business days.
360SB Rules may impose additional notification obligations on a
360SB(1) Rules may impose additional notification obligations on a
Carriage service providers must comply with additional notification obligations.
360SB(2) Rules may impose additional notification obligations on a
360SB(3) Rules may impose additional notification obligations on a
360SB(4) Rules may impose additional notification obligations on a
360SB(5) Rules may impose additional notification obligations on a
No implication that subsection 33(3A) of the Acts Interpretation Act 1901 is limited.
360SB(6) Rules may impose additional notification obligations on a
137 Paragraph 360U(1)(a)
Insertion of clause in paragraph 360U(1)(a)
138 At the end of subsection 360U(1)
References other instruments for variation and revocation
139 After subsection 360U(3A)
139(3B) After subsection 360U(3A)
Designates a standard as a compensable standard for the purposes of this Part.
139(3C) After subsection 360U(3A)
Declares a specified number of days for the application of subsection 360VE(1) to a designated standard.
139(3D) After subsection 360U(3A)
Does not limit the power to make rules under subsection 360V(1)
140 At the end of subsection 360U(6)
Reference to other instruments for variation and revocation
141 Subsection 360U(9) (heading)
Omit “minimum”, substitute “performance”.
142 At the end of section 360U
142(10) At the end of section 360U
Not required to comply with a benchmark if it's inconsistent with an access agreement entered into before the benchmark's commencement.
(a) the agreement was entered into before the commencement of the benchmark; and (b) the agreement has not been varied after the commencement of the benchmark.
The statutory infrastructure provider is not required to comply with the benchmark.
The benchmark's commencement overlaps with the agreement's entry.
The benchmark's repetition is tied to the agreement's variation.
The benchmark's variation spreads to the agreement.
The statutory infrastructure provider recognizes the access agreement.
142(11) At the end of section 360U
Minimum benchmarks for statutory infrastructure providers
complied with by statutory infrastructure providers
142(12) At the end of section 360U
An instrument under subsection (11) may be of general application or may be limited as provided in the instrument.
142(13) At the end of section 360U
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901 by implication.
Subsection (12) does not limit subsection 33(3A)
142(14) At the end of section 360U
ACMA has power to make legislative instrument
142(15) At the end of section 360U
Must meet or exceed a minimum benchmark set by an instrument under subsection (11)
Obligation to meet or exceed a minimum benchmark
142(16) At the end of section 360U
Exemption from compliance with a benchmark
Benchmark is inconsistent with an access agreement
Statutory infrastructure provider is not required to comply
Benchmark's commencement is during the access agreement's validity
Access agreement was entered into before the benchmark's commencement
Benchmark's applicability is limited by the access agreement's duration
Benchmark's applicability ends when the access agreement is varied after its commencement
Access agreement has not been varied after the benchmark's commencement
Statutory infrastructure provider has permission to deviate from the benchmark if it's inconsistent with an access agreement
Statutory infrastructure provider can choose not to comply with the benchmark
143 After paragraph 360V(1)(a)
Terms and conditions for supply of eligible service to carriage service provider
Identifies temporal interval for supply of eligible service
Supply of eligible service occurs at a specific time
144 At the end of subsection 360V(1)
Giving ACMA information or a report is an obligation.
Must provide ACMA information or a report.
145 After subsection 360V(1)
Rules under subsection (1) may be of general application or may be limited.
146 After subsection 360V(1A)
146(1B) After subsection 360V(1A)
Rules under subsection (1) may declare a specified rule as a designated compensable rule.
146(1C) After subsection 360V(1A)
Defines relevant number of days for application of subsection 360VE(1)
146(1D) After subsection 360V(1A)
No implication on power to determine standards under subsection 360U(1)
(1D) Subsection (1) does not, by implication, limit the power to determine standards under subsection 360U(1)
147 After Division 4 of Part 19
360VA Simplified outline
Liability for contravention of designated compensable standard or rule
Statutory infrastructure provider has an obligation to pay damages for contravention of designated compensable standard or rule
Subsection 360U(1) and subsection 360V(1)
Customer has a permission to seek damages for contravention of designated compensable standard or rule
If statutory infrastructure provider contravenes designated compensable standard or rule, customer has a right to seek damages
Statutory infrastructure provider undertakes to pay damages for contravention of designated compensable standard or rule
360VB Definitions
Defines customer and damages for this Division.
360VC Meaning of certain expressions
Disregard section 360VB meaning in certain provisions
360VD Damages for breach of a designated compensable standard
Damages for breach of a designated compensable standard
Statutory infrastructure providers must comply with designated compensable standards
360VE Time for payment of damages
360VE(1) Time for payment of damages
Statutory infrastructure provider must decide to accept liability within 14 days.
360VE(2) Time for payment of damages
Must consider reasonable basis for dispute of liability
Statutory infrastructure provider has an obligation to consider reasonable basis for dispute of liability
(2) In making a decision under subsection (1)
must have regard to whether there is any reasonable basis for the statutory infrastructure provider to dispute the liability.
Temporal relation between decision-making and consideration of reasonable basis
The statutory infrastructure provider must consider the reasonable basis for dispute of liability at the time of decision-making.
Recurring trace of consideration of reasonable basis
The statutory infrastructure provider must consider the reasonable basis for dispute of liability in a recurring manner.
Diffusive relation between decision-making and consideration of reasonable basis
The statutory infrastructure provider must diffuse the consideration of the reasonable basis for dispute of liability.
Knowledge representation of statutory infrastructure providers and their obligations
The statutory infrastructure provider must represent the reasonable basis for dispute of liability in its knowledge base.
360VE(3) Time for payment of damages
Statutory infrastructure provider must notify customer of decision within 14 weeks
Statutory infrastructure provider must perform action
The statutory infrastructure provider must give the customer written notification of the decision within 14 weeks after the decision is made.
360VF Evidentiary certificate issued by the Telecommunications
360VF(1) Evidentiary certificate issued by the Telecommunications
Issue a written certificate stating a statutory infrastructure provider has contravened a designated standard or rule.
Obligation to issue a written certificate
360VF(2) Evidentiary certificate issued by the Telecommunications
Certificate is prima facie evidence in proceedings under this Division.
Certificate under subsection (1) is presented in proceedings.
360VF(3) Evidentiary certificate issued by the Telecommunications
Document purporting to be a certificate under subsection (1) must, unless the contrary is established, be taken to be a certificate and to have been properly given.
360VF(4) Evidentiary certificate issued by the Telecommunications
Consent required for conferral of powers
...unless the Telecommunications Industry Ombudsman...consenting to the conferral of...
Permission granted for conferral of powers
Temporal interval relationship between subsections
360VF(5) Evidentiary certificate issued by the Telecommunications
Subsection (1) has effect as if the reference to the ACMA.
360VF(6) Evidentiary certificate issued by the Telecommunications
Minister must publish notice on Department's website.
360VG Savings of other laws and remedies
360VG(1) Savings of other laws and remedies
(1) This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
360VG(2) Savings of other laws and remedies
360VG(3) Savings of other laws and remedies
Customer's right to complain to the Telecommunications Industry Ombudsman is unaffected.
360VG(4) Savings of other laws and remedies
Does not limit subsection (2) by implication.
360VH Compensation rules
The Minister may make rules prescribing matters required or permitted by this Division.
The Minister has the power to make rules.
The Minister is permitted to make rules.
Rules are made by legislative instrument.
148 Division 5 of Part 19 (heading)
149 Section 360W (heading)
150 Subsection 360W(1)
Omit 'publish', substitute 'make available'
151 Subsection 360W(4)
152 Section 360X (heading)
Substitute 'Offer to be made available' for 'Publication of offer'
153 Subsection 360X(1)
154 Subsection 360X(4)
155 After Division 5 of Part 19
156 Before section 360XA
156(1) Before section 360XA
Determine compliance with Part Provide information or reports to ACMA on its website.
156(2) Before section 360XA
Audit must be known as a compliance audit. ACMA may provide Minister with copies of information or reports.
The audit must be known as a compliance audit.
156(3) Before section 360XA
Must provide explanatory material to statutory infrastructure providers. Must cooperate and provide assistance during compliance audit
156(4) Before section 360XA
The Minister may make rules for ACMA to comply with regarding information and reports. ACMA's powers and functions are not limited by this section.
157 At the end of subsection 360XA(1)
158 Subsection 360XA(5)
Inserts subsection 360V(1) or section 360XAA after 'limit'
159 At the end of subsection 360Y(3)
160 Paragraph 360Z(1)(c)
161 Paragraph 360Z(1)(c)
162 At the end of paragraph 360Z(1)(c)
List of subsections for paragraph 360Z(1)(c)
163 At the end of section 360Z
163(4) At the end of section 360Z
ACMA has an obligation to annotate or remove notice
163(5) At the end of section 360Z
164 Paragraph 360ZA(1)(a)
165 After paragraph 360ZA(1)(e)
166 Subsections 360ZA(3) and (4)
Repeal subsections and substitute with Schedule 1 Statutory infrastructure providers
167 After subsection 128(5)
167(5A) After subsection 128(5)
The scheme may provide for the Telecommunications Industry Ombudsman to investigate and make determinations relating to complaints about the connection of premises to a qualifying telecommunications network.
The scheme has an obligation to provide for the Telecommunications Industry Ombudsman.
(5A) The scheme may also provide for the Telecommunications Industry Ombudsman...
The scheme must provide for the Telecommunications Industry Ombudsman.
The Telecommunications Industry Ombudsman investigates complaints during the connection of premises to a qualifying telecommunications network.
The Telecommunications Industry Ombudsman makes determinations relating to complaints about the connection of premises to a qualifying telecommunications network during the connection.
The scheme has permission to provide for the Telecommunications Industry Ombudsman.
The scheme has an obligation to investigate complaints about the connection of premises to a qualifying telecommunications network.
167(5B) After subsection 128(5)
Definitions for Telecommunications Act 1997
168 At the end of subsection 129(2)
Must provide information on statutory infrastructure provider
169 At the end of subsection 130(3)
170 At the end of subsection 131(3)
Statutory infrastructure providers must be identified
Must identify statutory infrastructure providers
171 Application—declarations made under section 360H of
Amendments apply to declarations made after commencement.
172 Application—notices given under section 360HA of the
Amendments apply in relation to notices given after commencement.
173 Application—requests mentioned in subsection 360P(1)
Amendment of subsection 360P(12) applies to requests made after commencement.
174 Transitional—determination made under
Continuity of a determination made under subsection 360LA(3) of the Telecommunications Act 1997
175 Transitional—rules made under subsection 360V(1) of
No effect on application of subsection 33(3A) of the Acts Interpretation Act 1901 to rules made under subsection 360V(1) of the Telecommunications Act 1997 before commencement.
1 Section 7
2 After Subdivision B of Division 3 of Part 20A
372JA Remedial notices
372JA(1) Remedial notices
Remedial notice for contravention of designated civil penalty provision
ACMA reasonably believes person contravened provision
Permission for ACMA to issue remedial notice
Continuation of contravention likely if no action taken
Person likely to contravene provision if no action taken
Contravention likely to continue if no action taken
Obligation on person to take corrective action
Person contravened provision in circumstances making continuation likely
Person obligated to take corrective action
Prohibition on person from continuing contravention
Person prohibited from continuing contravention
372JA(2) Remedial notices
Require person to remedy contravention or prevent likely contravention
372JA(3) Remedial notices
Notice must be known as a remedial notice.
A remedial notice must be known as a remedial notice.
372JB Contents of remedial notices
372JB(1) Contents of remedial notices
Remedial notice must state certain information about a potential contravention.
information about the provision being, has been, or is likely to be contravened
372JB(2) Contents of remedial notices
Directions concerning measures to remedy contravention or prevent likely contravention.
(2) The remedial notice may include directions concerning the measures to be taken to:
Measures to be taken during remedial notice.
Measures may lead to prevention of contravention.
(b) prevent the likely contravention from occurring;
Directions for operations causing contravention.
(c) remedy the things or operations causing the contravention or likely contravention.
372JB(3) Contents of remedial notices
The period for compliance with a remedial notice must be reasonable.
Duty to provide a reasonable period for compliance
(3) The period stated for compliance with the remedial notice must be reasonable in all the circumstances.
The state must provide a reasonable period for compliance
Temporal interval of a reasonable period
372JC Compliance with remedial notice
372JC(1) Compliance with remedial notice
Compliance with remedial notice is mandatory.
372JC(2) Compliance with remedial notice
Prohibition on aiding, abetting, or conspiring to contravene subsection (1)
372JC(3) Compliance with remedial notice
Prohibits breaches of civil penalty provisions
372JD Extension of time for compliance with remedial notices
372JD(1) Extension of time for compliance with remedial notices
Extension of compliance period for persons given remedial notices
Imposes a duty on the state to extend compliance period
372JD(2) Extension of time for compliance with remedial notices
ACMA may extend compliance period for remedial notice
372JD(3) Extension of time for compliance with remedial notices
Extension of time for compliance with remedial notices
372JD(4) Extension of time for compliance with remedial notices
Defines compliance period as the period stated in a remedial notice plus any extensions under this section.
372JE Variation of remedial notices
372JE(1) Variation of remedial notices
372JE(2) Variation of remedial notices
372JE(3) Variation of remedial notices
May extend compliance period for a remedial notice
372JF Revocation of remedial notices
372JF(1) Revocation of remedial notices
Revocation of remedial notices upon reasonable belief that notice is no longer required.
Obligation to revoke notice upon reasonable belief.
...the ACMA must, by written notice given to the person, revoke the notice.
ACMA has permission to revoke notice upon reasonable belief.
Revocation of notice implies obligation to do so.
372JF(2) Revocation of remedial notices
Defines compliance period as the period stated in a remedial notice under section 372JB, including extensions under section 372JD.
Includes the extended period in the compliance period.
(2) In this section, compliance period means the period stated in the remedial notice under section 372JB, and includes that period as extended under section 372JD.
Compliance period = period stated in remedial notice + extended period
Defines compliance period using a descriptive clause.
372JG Formal irregularities or defects in remedial notices
A remedial notice is not invalid due to formal defects or irregularities unless they cause substantial injustice.
The notice must be issued in accordance with the law.
The notice is invalid if it does not meet the requirements.
Permission to issue a notice despite formal defects or irregularities
The law allows for the issuance of notices despite formal defects or irregularities.
Obligation to issue a valid notice despite failure to use the correct name
The law requires the issuance of notices in accordance with the law.
A remedial notice is not invalid due to a failure to use the correct name if it sufficiently identifies the person.
The notice must be issued within a specific time frame
372JH Designated civil penalty provision
List of designated civil penalty provisions
3 After paragraph 1(o) of Schedule 4
Decision-making provisions for remedial notices
1 After subsection 59B(1)
Must disclose information to Secretary or APS employee upon request.
2 Subsection 59B(3)
Insertion of clause (1A) after clause (1)
3 After section 59D
59DA Disclosure of information that relates to the affairs of a
59DA(1) Disclosure of information that relates to the affairs of a
Disclosure of information that relates to the affairs of a carrier or carriage service provider is permitted.
59DA(2) Disclosure of information that relates to the affairs of a
Disclosure of summaries of authorised disclosure information
Authorised disclosure information relates to the affairs of a carrier or carriage service provider
59DA(3) Disclosure of information that relates to the affairs of a
Disclosure of statistics derived from authorized disclosure information
(3) An ACMA official authorised by the Chair, in writing...
59DA(4) Disclosure of information that relates to the affairs of a
Determine matters for disclosure purposes
59DA(5) Disclosure of information that relates to the affairs of a
Disclosure of carrier or carriage service provider identity is permitted.
Permission to disclose carrier or carriage service provider identity.
59DA(6) Disclosure of information that relates to the affairs of a
Does not limit disclosure under other provisions.
59DA(7) Disclosure of information that relates to the affairs of a
Disclosure of information that relates to the affairs of a carriage service is prohibited.
Prohibits disclosure of information that relates to the affairs of a carriage service.
Nothing in these subsections authorises the disclosure of anything that is likely to enable the identification of an end-user of a carriage service.
Discloses information that overlaps with an end-user's affairs.
Information that relates to the affairs of a carriage service does not overlap with an end-user's affairs.
Discloses information that is not relevant to an end-user's affairs.
59DA(8) Disclosure of information that relates to the affairs of a
Disclosure of information is permitted if published by ACMA
59DA(9) Disclosure of information that relates to the affairs of a
Clarifies subsection (8) for avoidance of doubt
59DA(10) Disclosure of information that relates to the affairs of a
Customer includes prospective customer for disclosure purposes.
4 Section 59E
5 At the end of section 59E
5(2) At the end of section 59E
Must disclose information published by ACMA
5(3) At the end of section 59E
Clarifies subsection (2) for avoidance of doubt
6 Section 59F
7 At the end of section 59F
7(2) At the end of section 59F
7(3) At the end of section 59F
8 Section 59G
9 At the end of section 59G
9(2) At the end of section 59G
Must disclose summaries or statistics published by ACMA
9(3) At the end of section 59G
1 Section 8A
service area has the meaning given by section 8C.
general Australian service area means the service area consisting of Australia.
2 After section 8BA
8C Meaning of service area
3 Subsection 12A(1)
Insertion of phrase for a service area before 'in respect of a service obligation'
4 Paragraph 12A(2)(a)
Insertion of 'for the same service area'
5 Paragraph 12A(2)(b)
Insertion of 'for one or more service areas' after 'provider'
6 Subsection 12A(3)
Ensure at all times each point in Australia is within a service area for which there is at least one primary universal service provider.
7 Subsection 12C(1)
8 Subsection 12C(1)
Insertion of phrase after 'that service obligation'
9 Subsection 12C(2)
10 Paragraphs 12C(2)(a) and (b)
11 Section 12D (heading)
Substitute 'When' for 'Transitional: when'
Replace transitional phrase with a specific word
12 Subsection 12D(1)
Minister has an obligation to perform the task
13 Subsection 12D(1)
Insertion of a limitation on the general Australian service area for certain service obligations.
14 At the end of section 12D
14(4) At the end of section 12D
Determination of primary universal service provider for a service area in respect of a service obligation.
Imposes an obligation on the state to make a determination.
14(5) At the end of section 12D
Minister can make determination about primary universal service provider
Minister has permission to make determination
14(6) At the end of section 12D
Exempts Minister from subsection (1) for certain determinations.
(6) The following provisions have effect:
14(7) At the end of section 12D
Exempts Minister from subsection (1) under certain conditions.
(7) The following provisions have effect:
15 Paragraph 12E(1)(a)
16 Paragraph 12E(1)(b)
17 Subparagraphs 12E(2)(a)(i) and (ii)
Insertion of phrase for a service area in Schedule 4
18 Paragraph 12E(2)(b)
1 Section 7 (at the end of the definition of authorised
List of individuals authorized to issue infringement notices
2 Subparagraph 87(3)(a)(iii)
3 After paragraph 570(3)(a)
Prohibition of contravention of civil penalty provision
Forbids contravention of civil penalty provision
4 After paragraph 570(3)(ab)
5 Paragraph 570(4)(a)
Repeal and substitute penalty units for contraventions of certain subsections.
6 Section 572M
Repeal section and substitute with new schedule
572M Guidelines relating to infringement notices
572M(1) Guidelines relating to infringement notices
Must consider relevant guidelines when exercising powers.
572M(2) Guidelines relating to infringement notices
Guidelines for infringement notices must be formulated by legislative instrument.
572M(3) Guidelines relating to infringement notices
Must not give an infringement notice unless guidelines are in force.
(3) An authorised infringement notice officer...
572M(4) Guidelines relating to infringement notices
Exercising a power conferred on the officer by this Part.
Have regard to any relevant guidelines in force under subsection (5).
572M(5) Guidelines relating to infringement notices
ACCC may formulate guidelines for infringement notices
572M(6) Guidelines relating to infringement notices
Must not give an infringement notice without guidelines in force.
7 Application—amendments of section 570 of the
Amendments of section 570 of the Telecommunications Act 1997 apply to contraventions of civil penalty provisions occurring after commencement.
8 Saving—guidelines under subsection 572M(2) of the
Guidelines under subsection 572M(2) of the Telecommunications Act 1997 continue in force after commencement.
9 Subsection 76A(5)
Insertion of reference to Telecommunications Act 1997
10 Subsection 76A(5)