TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 158P Reviews of regional telecommunications to be conducted by the RTIRC

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 158P

  (1)   The RTIRC must conduct reviews of the adequacy of telecommunications services in regional, rural and remote parts of Australia.

Note:   RTIRC means the Regional Telecommunications Independent Review Committee established by section   158R.

  (2)   In determining the adequacy of those services, the RTIRC must have regard to whether people in regional, rural and remote parts of Australia have equitable access to telecommunications services that are:

  (a)   significant to people in those parts of Australia; and

  (b)   currently available in one or more urban parts of Australia.

Timing of reviews

  (3)   The first review must start:

  (a)   before the end of 2008; or

  (b)   if, before 31   December 2008, the Minister makes a written determination specifying an earlier day--as soon as practicable after that earlier day.

  (4)   Each subsequent review must be completed within 3 years after the last day on which a copy of a statement setting out the Commonwealth Government's response to the recommendations of the previous review was tabled in a House of the Parliament under paragraph   158Q(6)(b). For this purpose, a review is completed when the report of the review is given to the Minister under section   158Q.

Consultation

  (5)   In conducting a review, the RTIRC must make provision for:

  (a)   public consultation; and

  (b)   consultation with people in regional, rural and remote parts of Australia.

Relevant matters

  (6)   In conducting a review, the RTIRC must have regard to:

  (a)   any policies of the Commonwealth Government notified to the RTIRC by the Minister; and

  (b)   such other matters as the RTIRC considers relevant.

Determination

  (7)   Before making a determination under paragraph   (3)(b), the Minister must consult:

  (a)   the Prime Minister; and

  (b)   the Treasurer; and

  (c)   the Finance Minister; and

  (d)   the Minister administering the Urban and Regional Development (Financial Assistance) Act 1974 .

  (8)   A determination under paragraph   (3)(b) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Australia

  (9)   Section   11 of the Telecommunications Act 1997 (as applied by section   7 of this Act) does not apply to a reference in this section to Australia.

Definitions

  (10)   In this section:

"Australia" does not include an external Territory prescribed for the purposes of section   10 of the Telecommunications Act 1997 .

"telecommunications services" includes:

  (a)   carriage services; and

  (b)   services provided by means of carriage services.