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Telecommunications (Consumer Protection and Service Standards) Bill 1998

Part 9 Price control arrangements for Telstra

   

152   Simplified outline

                   The following is a simplified outline of this Part:

•      This Part provides for price control arrangements for carriage services, content services and facilities supplied by Telstra.

153   Definitions

                   In this Part:

carrier charge means:

                     (a)  a charge for a carriage service, or a content service, supplied by Telstra; or

                     (b)  a charge for a facility supplied by Telstra.

charge includes:

                     (a)  any charge or fee (whether payable periodically, in instalments or otherwise); and

                     (b)  a nil charge or nil fee; and

                     (c)  in relation to a carriage service, includes:

                              (i)  any charge or fee (including of a kind referred to in paragraph (a) or (b)) for or in relation to a facility used, or intended for use, in relation to the supply of the service; and

                             (ii)  any other charge or fee (including of a kind referred to in paragraph (a) or (b)) for or in relation to the supply of the service.

154   Minister may determine price control arrangements

             (1)  The Minister may determine in writing that specified carrier charges are subject to price control arrangements.

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

155   Effect of price control arrangements

             (1)  Where a carrier charge is subject to price control arrangements, the Minister may determine in writing:

                     (a)  price-cap arrangements and other price control arrangements that are to be applied in relation to the charge; or

                     (b)  principles in accordance with which Telstra is to make alterations to the charge;

or both.

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

             (3)  To avoid doubt, price-cap arrangements and other price control arrangements determined under this section may relate to charges for untimed local calls in particular areas.

             (4)  A determination under this section may make different provision with respect to different customers. This section does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901 .

             (5)  Telstra must comply with a determination under this section.

156   Alteration of charges subject to price control arrangements

             (1)  Where Telstra proposes to alter a carrier charge that is subject to price control arrangements, the following provisions have effect.

             (2)  Where, under the applicable determinations under section 155, the consent of the ACCC is not required to the proposed alteration, Telstra may make the proposed alteration.

             (3)  Where, under the applicable determinations under section 155, the consent of the ACCC is required to the proposed alteration, Telstra must not make the proposed alteration unless the following paragraphs have been complied with:

                     (a)  if those determinations require the giving to the ACCC of a period of notice before the proposed alteration is made—that period has ended or the ACCC has waived the giving of the notice;

                     (b)  if those determinations require the giving to the ACCC of particular information not later than a particular time before the alteration is made:

                              (i)  the information was so given; or

                             (ii)  some only of the information was so given and the ACCC has waived the giving of the remainder of the information; or

                            (iii)  the ACCC has waived the giving of the information;

                     (c)  subject to paragraph (d), either:

                              (i)  the ACCC has consented to the proposed alteration; or

                             (ii)  the period within which the ACCC is required under those determinations to give or refuse its consent to the proposed alteration has ended and the ACCC did not before the end of that period refuse its consent to the proposed alteration;

                     (d)  if, before the end of the period within which, but for this paragraph, the ACCC would be required under the applicable determinations to give or refuse its consent to the proposed alteration, the ACCC requested Telstra to provide further information about the proposed alteration, the first-mentioned period is taken to be extended by a period equal to the number of days commencing on the day on which the request was made and ending on the day on which the further information was provided.

157   Carrier charges subject to notification and disallowance

             (1)  The Minister may determine in writing that specified carrier charges are subject to notification and disallowance.

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

158  Alteration of charges subject to notification and disallowance

             (1)  If Telstra proposes to alter a carrier charge that is subject to notification and disallowance, Telstra must, by written notice, inform the Minister of the alteration at least 30 days before it is to take effect.

             (2)  The Minister may, within 30 days after receiving the notice:

                     (a)  by writing request the ACCC to give a written report as to whether the proposed alteration should be disallowed in the public interest; and

                     (b)  direct Telstra in writing not to make the alteration until the Minister has received and considered the report.

             (3)  The ACCC must give the report to the Minister within 30 days after receiving the request.

             (4)  If the Minister, after taking the ACCC’s report into account, is of the opinion that the proposed alteration is not in the public interest, he or she may, by written notice given to Telstra within 30 days after receiving the report, direct Telstra not to make the alteration.

             (5)  Telstra must comply with a direction under subsection (4).