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Telecommunications Legislation Amendment Bill 1998
Schedule 3 Amendments commencing on the commencement of section 1 of the Telecommunications (Consumer Protection and Service Standards) Act 199 9

Part 1 Amendments

Australian Communications Authority Act 1997

1  At the end of paragraph 6(a)

Add “and the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

2  After subparagraph 6(j)(i)

Insert:

                            (ia)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

3  After paragraph 8(3)(a)

Insert:

                    (aa)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

4  After subparagraph 53(1)(b)(ii)

Insert:

                           (iia)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

5  Subparagraph 53(1)(b)(iv)

After “(ii)”, insert “, (iia)”.

Australian Postal Corporation Act 1989

6  Section 11

Omit “and the Telecommunications Act 1997 ”, substitute “, the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

Note:       The heading to section 11 is altered by adding at the end “ etc. ”.

Legislative Instruments Act 1999

7  Schedule 2 (before the table row relating to the Telecommunications (Interception) Act 1979 )

Insert:

Telecommunications (Consumer Protection and Service Standards) Act 1999

Sea Installations Act 1987

8  Schedule (after the reference to the Telecommunications Act 1997 )

Insert:

Telecommunications (Consumer Protection and Service Standards) Act 1999

Telecommunications Act 1997

9  Section 5

Omit:

•      Certain local calls are to be charged for on an untimed basis .

•      The ACA may make performance standards to be complied with by carriage service providers in relation to customer service .

•      Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme .

•      Provision is made for the protection of residential customers of carriage service providers against failure by the providers to supply standard telephone services.

•      The ACA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services .

10  Section 6 (table items 7, 10, 20, 27 and 33)

Repeal the items.

11  Section 7 (after paragraph (a) of the definition of ACA’s telecommunications powers )

Insert:

                    (aa)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

12  Section 7 (paragraph (b) of the definition of ACCC’s telecommunications functions and powers )

Repeal the paragraph, substitute:

                     (b)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

13  Section 7 (paragraphs (k) and (l) of the definition of civil penalty provision )

Repeal the paragraphs, substitute:

                     (k)  subsection 148(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                      (l)  subsection 148(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                    (m)  subsection 158B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                     (n)  subsection 158B(4) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                     (o)  subsection 158C(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                     (p)  subsection 158D(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                     (q)  subsection 158E(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

 

14  Section 7 (definition of standard telephone service )

Omit “section 17”, substitute “section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

15  Section 7 (definition of Telecommunications Industry Ombudsman)

Repeal the definition, substitute:

Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

16  Section 7 (definition of Telecommunications Industry Ombudsman scheme )

Repeal the definition, substitute:

Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

17  Section 17

Repeal the section.

18  At the end of section 57

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

19  At the end of section 67

Add:

             (3)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

20  At the end of section 78

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

21  At the end of section 81

Add:

             (5)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

22  At the end of section 81A

Add:

             (3)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

23  At the end of section 83

Add:

             (8)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

24  Subsection 105(4)

Omit “Part 9”, substitute “Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

25  Parts 8, 9, 10, 11 and 12

Repeal the Parts.

26  Subsection 362(3)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

27  At the end of section 395

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

28  At the end of section 430

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

29  Paragraph 455(10)(a)

Omit “Part 8”, substitute “Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

30  At the end of section 492

Add:

             (5)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

31  At the end of section 502

Add:

             (5)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

32  After paragraph 508(a)

Insert:

                    (aa)  a contravention of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act;

33  Paragraph 508(c)

Omit “Part 9”, substitute “Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

34  After paragraph 510(1)(a)

Insert:

                    (aa)  in the case of a matter covered by paragraph 508(aa)—the ACA has reason to suspect that a person may have contravened the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act; or

35  At the end of section 546

Add:

             (3)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

36  At the end of section 551

Add:

             (3)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

37  At the end of section 553

Add:

             (3)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

38  Section 563

After “this Act”, insert “, of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or of regulations under that Act”.

39  At the end of section 564

Add:

             (4)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

40  At the end of section 570

Add:

             (7)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

41  After section 574

Insert:

574A   Definition

                   In this Part:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

42  Section 577

After “this Act”, insert “, of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or of regulations under that Act”.

43  Subsection 578(2)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

44  Section 582

After “Act” (first occurring), insert “, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act”.

45  Section 582

After “Act” (second and third occurring), insert “or the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

46  Section 582

After “Act” (fourth occurring), insert “, the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act”.

47  Section 582

Omit “Act does not”, substitute “Act, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act do not”.

48  At the end of section 583

Add:

             (3)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

49  At the end of section 585

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

50  At the end of section 586

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

51  At the end of section 587

Add:

             (4)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

52  Subsection 588(4)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

53  Subsection 589(6)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

54  Subsection 590(3)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

55  Subsection 591(3)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

56  At the end of section 592

Add:

             (2)  In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

57  At the end of clause 1 of Schedule 1

Add:

             (2)  In this clause:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

58  At the end of clause 1 of Schedule 2

Add:

             (2)  In this clause:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

59  Subclauses 13(7) and (8) of Schedule 2

Omit “Part 8”, substitute “Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

60  At the end of clause 30 of Schedule 3

Add:

             (2)  In this clause:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

61  Subclause 46(6) of Schedule 3

Omit “Part 9”, substitute “Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

62  Paragraph 1(k) of Schedule 4

Omit “section 247”, substitute “section 129 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

63  Paragraph 1(l) of Schedule 4

Omit “section 248”, substitute “section 130 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

64  Paragraph 1(m) of Schedule 4

Omit “section 253”, substitute “section 135 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

Telstra Corporation Act 1991

65  Subsection 2(3)

Repeal the subsection.

66  Section 3 (definition of ACCC )

Repeal the definition.

67  Subsection 9(3)

Omit “Part 6”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

68  Part 6

Repeal the Part.

Trade Practices Act 1974

69  Subsection 25(1)

After “ Telecommunications Act 1997 ” (first occurring), insert “, the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

70  Paragraph 151BU(4)(f)

Omit “Part 6 of the Telstra Corporation Act 1991 ”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

71  Subparagraph 151BUA(2)(b)(iv)

Omit “Part 6 of the Telstra Corporation Act 1991 ”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

72  Subparagraph 151BUB(2)(b)(iv)

Omit “Part 6 of the Telstra Corporation Act 1991 ”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

73  Subparagraph 151BUC(2)(b)(iv)

Omit “Part 6 of the Telstra Corporation Act 1991 ”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

74  Paragraph 151CM(1)(b)

Omit “Part 6 of the Telstra Corporation Act 1991 ”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

75  Subsection 155(2)

Omit “Part 6 of the Telstra Corporation Act 1991 ”, substitute “Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

76  Paragraph 155(9)(b)

Repeal the paragraph, substitute:

                     (b)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or



 

Part 2 Transitional provisions

77  Transitional—eligible instruments

(1)        This item applies to an eligible instrument if:

                     (a)  the eligible instrument was in force immediately before the commencement of this item; and

                     (b)  the eligible instrument was made or given under, or for the purposes of, a particular provision of the Telecommunications Act 1997 or the Telstra Corporation Act 1991; and

                     (c)  that provision is repealed by this Schedule.

(2)        The eligible instrument has effect, after the commencement of this item, as if:

                     (a)  it had been made or given under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and

                     (b)  any requirement imposed by that Act in relation to the making or giving of the eligible instrument had been satisfied.

(3)        In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

78  Transitional—acts or things done before commencement

(1)        This item applies to an act or thing (other than the making of an eligible instrument) if:

                     (a)  the act or thing was done before the commencement of this item; and

                     (b)  the act or thing was done under, or for the purposes of, a particular provision of the Telecommunications Act 1997 or the Telstra Corporation Act 1991 ; and

                     (c)  that provision is repealed by this Schedule.

(2)        The act or thing has effect, after the commencement of this item, as if it had been done under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

(3)        In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

79  Transitional—evidentiary certificates relating to the customer service guarantee

            Despite the repeal of section 237 of the Telecommunications Act 1997 by this Schedule, that section continues to apply, in relation to contraventions that occurred before the commencement of this item, as if that repeal had not happened.

Note:       For savings in relation to contraventions that occurred before the commencement of this item, see section 8 of the Acts Interpretation Act 1901 .

80  Transitional—ACA’s annual report on monitoring of performance

            Section 105 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 9 of the Telecommunications Act 1997 .

81  Transitional—section 151CM of the Trade Practices Act 1974

            Section 151CM of the Trade Practices Act 1974 has effect, after the commencement of this item, as if the reference in that section to Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 6 of the Telstra Corporation Act 1991 .

82  Transitional regulations

The Governor-General may make regulations in relation to transitional matters arising out of the amendments and repeals made by this Schedule.



 

Schedule 4 Amendments commencing on 1 July 1999

Part 1 Amendments

Telecommunications Act 1997

1  Section 5

Omit:

•      A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:

               (a)     standard telephone services; and

               (b)     payphones; and

               (c)     prescribed carriage services.

2  Section 6 (table item 34)

Repeal the item.

3  Section 7 (definition of approved universal service plan )

Repeal the definition.

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

Repeal the paragraphs, substitute:

                      (i)  subsection 92(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

                      (j)  subsection 92(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

5  Section 7

Insert:

digital data service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

6  Section 7 (definition of draft universal service plan )

Repeal the definition.

7  Section 7 (definition of national universal service provider )

Repeal the definition.

8  Section 7 (definition of net cost area )

Repeal the definition.

9  Section 7 (definition of participating carrier )

Repeal the definition.

10  Section 7 (definition of regional universal service provider )

Repeal the definition.

11  Section 7 (definition of universal service obligation )

Repeal the definition, substitute:

universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

12  Section 7 (definition of universal service provider )

Repeal the definition, substitute:

universal service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

13  Paragraph 105(3)(e)

Omit “Part 7”, substitute “Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

14  After paragraph 105(3)(e)

Insert:

                    (ea)  the adequacy of each digital data service provider’s compliance with its obligations under Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

15  Parts 7 and 7A

Repeal the Parts.

16  Paragraph 529(4)(b)

Omit “Part 7”, substitute “Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

Trade Practices Act 1974

17  Paragraph 151CM(1)(c)

Omit “Division 5 of Part 7 of the Telecommunications Act 1997 ”, substitute “Division 5 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ”.

18  At the end of subsection 151CM(1)

Add:

             ; and (d)  the adequacy of each digital data service provider’s compliance with its obligations under Division 5A of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with regulation of digital data service charges).

19 Subsection 151CM(5)

Insert:

digital data service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

20  Subsection 151CM(5)

Insert:

universal service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

 



 

Part 2 Transitional provisions

21  Transitional—eligible instruments

(1)        This item applies to an eligible instrument if:

                     (a)  the eligible instrument was in force immediately before the commencement of this item; and

                     (b)  the eligible instrument was made or given under, or for the purposes of, a particular provision of the Telecommunications Act 1997 other than:

                              (i)  Subdivisions A to G of Division 6 of Part 7 of that Act; or

                             (ii)  Division 3 or 4 of Part 7A of that Act; and

                     (c)  that provision is repealed by this Schedule.

(2)        The eligible instrument has effect, after the commencement of this item, as if:

                     (a)  it had been made or given under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and

                     (b)  any requirement imposed by that Act in relation to the making or giving of the eligible instrument had been satisfied.

(3)        If the eligible instrument is a declaration under subsection 150(1) or (2) of the Telecommunications Act 1997 , the instrument has effect as if it had been made under the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 immediately before the commencement of this item.

(4)        For the purposes of this item, it is to be assumed that section 20 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 had commenced immediately before the commencement of this item.

(5)        In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

22  Transitional—acts or things done before commencement

(1)        This item applies to an act or thing (other than the making of an eligible instrument) if:

                     (a)  the act or thing was done before the commencement of this item; and

                     (b)  the act or thing was done under, or for the purposes of, a particular provision of the Telecommunications Act 1997 other than:

                              (i)  Subdivisions A to G of Division 6 of Part 7 of that Act; or

                             (ii)  Division 3 or 4 of Part 7A of that Act; and

                     (c)  that provision is repealed by this Schedule.

(2)        The act or thing has effect, after the commencement of this item, as if it had been done under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

(3)        In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

23  Transitional—universal service regime

            Despite the repeal of Part 7 of the Telecommunications Act 1997 by this Schedule, that Part continues to apply, after the commencement of this item, in relation to:

                     (a)  levy, and levy debit balances, for a financial year ending on or before 30 June 1999; and

                     (b)  payments under section 214 of the Telecommunications Act 1997 , and levy credit balances, for a financial year ending on or before 30 June 1999; and

                     (c)  payments under section 217 of the Telecommunications Act 1997 for a financial year ending on or before 30 June 1999;

as if:

                     (d)  the repeal of that Part had not happened; and

                     (e)  paragraphs 212(b) and (c) of the Telecommunications Act 1997 had not been enacted.

24  Transitional—first year for ACA’s annual report on NRS

Despite the repeal of section 221D of the Telecommunications Act 1997 by this Schedule, that section continues to apply, after the commencement of this item, in relation to the report for the 1998-99 financial year, as if that repeal had not happened.

25  Transitional—NRS Levy

(1)        Despite the repeal of Part 7A of the Telecommunications Act 1997 by this Schedule, that Part continues to apply, after the commencement of this item, in relation to NRS levy for a quarter ending on or before 30 June 1999, as if:

                     (a)  the repeal of that Part had not happened; and

                     (b)  paragraph 221I(4)(b) of the Telecommunications Act 1997 had not been enacted.

(2)        Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 has effect, after the commencement of this item, as if a reference in that Part to a section 64 assessment included a reference to an assessment under repealed section 193 of the Telecommunications Act 1997 .

26  Transitional—ACA’s annual report on monitoring of performance

            Section 105 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 7 of the Telecommunications Act 1997 .

27  Transitional—record-keeping rules

            Section 529 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 7 of the Telecommunications Act 1997 .

28  Transitional—section 151CM of the Trade Practices Act 1974

            Section 151CM of the Trade Practices Act 1974 has effect, after the commencement of this item, as if the reference in that section to Division 5 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Division 5 of Part 7 of the Telecommunications Act 1997 .

29  Transitional regulations

The Governor-General may make regulations in relation to transitional matters arising out of the amendments and repeals made by this Schedule.

 

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 12 November 1998

Senate on 30 November 1998 ]

(172/98)