Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 12K

             (1)  The ACMA must approve, or refuse to approve, a draft policy statement that a primary universal service provider gives to the ACMA.

             (2)  The ACMA must not approve the draft unless it is satisfied that the draft adequately deals with the supply of appropriate equipment, goods or services to:

                     (a)  people with a disability; and

                     (b)  people with special needs.

             (3)  If the service obligation concerned is a contestable service obligation, the ACMA must also be satisfied that the draft sets out appropriate arrangements that the provider will put in place if a competing universal service provider for the universal service area concerned in respect of that obligation ceases to supply equipment, goods or services in that area in respect of that obligation.

Note:          The arrangements may, for example, deal with the transfer of customers from a competing universal service provider to the primary universal service provider.

             (4)  In deciding whether to approve the draft, the ACMA must also have regard to:

                     (a)  whether the draft complies with the requirements (if any) under section 12G; and

                     (b)  any other matters determined in writing by the Minister for the purposes of this paragraph; and

                     (c)  such other matters as the ACMA considers relevant.

             (5)  A copy of a determination made for the purposes of paragraph (4)(b) must be published in the Gazette .