Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 6A

Mobile and VOIP services

             (1)  For the purposes of this Act, if:

                     (a)  a standard telephone service is supplied , or proposed to be supplied, to a customer by a primary universal service provider; and

                     (b)  the service is:

                              (i)  a public mobile telecommunications service; or

                             (ii)  a VOIP service;

the service is taken not to be supplied in fulfilment of the universal service obligation unless, before the customer entered into an agreement with the primary universal service provider for the supply of the service:

                     (c)  the provider notified the customer, in writing, that the service is supplied in fulfilment of the universal service obligation; and

                     (d)  the notice complied with such requirements (if any) as are specified in a determination under subsection (2).

             (2)  The ACMA may, by legislative instrument, determine requirements for the purposes of paragraph (1)(d).

Other services

             (3)  For the purposes of this Act, if:

                     (a)  a standard telephone service (the relevant service ) is supplied, or proposed to be supplied, to a customer by a primary universal service provider; and

                     (b)  the relevant service is not:

                              (i)  a public mobile telecommunications service; or

                             (ii)  a VOIP service;

the relevant service is taken not to be supplied in fulfilment of the universal service obligation if, before the customer entered into an agreement with the primary universal service provider for the supply of the relevant service:

                     (c)  the customer was given the option of being supplied with another standard telephone service by the provider on the basis that the other standard telephone service would be supplied in fulfilment of the universal service obligation; and

                     (d)  the customer has, by written notice given to the provider, acknowledged that the relevant service is not supplied in fulfilment of the universal service obligation; and

                     (e)  the notice complied with such requirements (if any) as are specified in a determination under subsection (4).

             (4)  The ACMA may, by legislative instrument, determine requirements for the purposes of paragraph (3)(e).