Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 11B

             (1)  This section applies if:

                     (a)  either:

                              (i)  the Minister determines under section 12A that a carrier or carriage service provider (the current provider ) is the primary universal service provider for a universal service area (the relevant area ) in respect of a service obligation; or

                             (ii)  the ACMA approves a carrier or carriage service provider (the current provider ) under section 13B as a competing universal service provider for a universal service area (the relevant area ) in respect of a contestable service obligation; and

                     (b)  another person, who is or was a universal service provider for the area in respect of the obligation, is determined to be a former provider under subsection (2B).

Note:       The Minister may be taken to have made a determination under section 12A if an agreement is made under section 56 or 57 of the Telstra Corporation Act 1991 : see section 12E.

             (2)  This section also applies if:

                     (a)  any of the following applies:

                              (i)  the Minister revokes or varies a determination under section 12A so that a person (the former provider ) ceases to be a universal service provider for a universal service area (the relevant area ) in respect of a service obligation; or

                             (ii)  the ACMA revokes or varies an approval under section 13B so that a person (the former provider ) ceases to be a universal service provider for a universal service area (the relevant area ) in respect of a service obligation; or

                            (iii)  a person (the former provider ) otherwise ceases to be a universal service provider for a universal service area (the relevant area ) in respect of a service obligation; and

                     (b)  another person (the current provider ), who was also a universal service provider for the relevant area in respect of the service obligation, continues to be a universal service provider for the area in respect of that obligation:

                              (i)  if subparagraph (a)(i) or (ii) applies--after the revocation or variation; or

                             (ii)  if subparagraph (a)(iii) applies--after the cessation.

          (2A)  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.

          (2B)  The Minister may determine in writing that a person is a former provider for the purposes of this section.

             (3)  The current provider may, by written notice given to the former provider, require the former provider to give to the current provider specified information of the kind referred to in subsection (4). A notice of this kind cannot be given more than 6 months after:

                     (a)  if subsection (1) applies--the later of the following days:

                              (i)  the day on which the current provider became a universal service provider for the relevant area; or

                             (ii)  the day on which the determination under section 12A was made, or the approval under section 13B was given, (as the case may be) in respect of the current provider; or

                     (b)  if subsection (2) applies--the day on which the former provider ceases to be a universal service provider for the relevant area.

             (4)  The information that may be required to be given must be information that will assist the current provider in doing something that the current provider is or will be required or permitted to do by or under a provision of this Part. The notice must identify the doing of that thing as the purpose for which the information is required.

Note 1:       If, for example, information about service location and customer contact details will assist the current provider in fulfilling its obligation under subsection 12C(1), the former provider may be required to provide that kind of information.

Note 2:       See also subsection (6), which allows the Minister to determine that a specified kind of information is information referred to in this subsection.

             (5)  If a requirement made by a notice under subsection (3) is reasonable, the former provider must comply with the requirement as soon as practicable after receiving the notice. However, if the requirement is unreasonable, the former provider does not have to comply with it.

             (6)  The Minister may make a written determination to the effect that, either generally or in a particular case, information of a kind specified in the determination is taken to be information that will assist a person in doing a specified thing that the person is or will be required or permitted to do by or under a provision of this Part. The determination has effect accordingly.

          (6A)  If a former provider has been given notice of a requirement under subsection (3), the ACMA may, in writing, direct the former provider to comply with the requirement or with specified aspects of the requirement. The former provider must comply with the direction.

          (6B)  In deciding whether to give a direction under subsection (6A), the ACMA must consider whether the requirement under subsection (3) is reasonable.

             (7)  A determination under subsection (6) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .