Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 9

             (1)  For the purposes of this Act, the universal service obligation is the obligation:

                     (a)  to ensure that standard telephone services are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

                     (b)  to ensure that payphones are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

                     (c)  to ensure that prescribed carriage services are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business.

             (2)  The obligation mentioned in paragraph (1)(a) includes the obligation to supply standard telephone services to people in Australia on request.

          (2A)  The obligation mentioned in paragraph (1)(b) includes the obligation to supply, install and maintain payphones in Australia.

          (2B)  The obligation mentioned in paragraph (1)(c) includes the obligation to supply prescribed carriage services to people in Australia on request.

          (2C)  An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to the supply of a standard telephone service to a person on request unless the request complies with the requirements (if any) set out in a determination under subsection (2D).

          (2D)  The Minister may, by legislative instrument, determine requirements for the purposes of subsection (2C).

          (2E)  An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to the supply of a standard telephone service in the circumstances (if any) specified in a determination under subsection (3).

             (3)  The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (2E).

             (4)  An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to particular equipment, goods or services the supply of which is treated under section 9E as the supply of a standard telephone service if the customer concerned requests not to be supplied with the equipment, goods or services.

             (5)  An obligation does not arise under paragraph (1)(c) or subsection (2B) in relation to particular equipment, goods or services the supply of which is treated under section 9F as the supply of a prescribed carriage service if the customer concerned requests not to be supplied with the equipment, goods or services.

             (6)  To avoid doubt, an obligation arising under paragraph (1)(a) or subsection (2) in relation to customer equipment requires the customer concerned to be given the option of hiring the equipment.