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)  To the extent necessary to achieve the obligation mentioned in subsection (1), the universal service obligation includes:

                     (a)  the supply of standard telephone services to people in Australia on request; and

                     (b)  the supply, installation and maintenance of payphones in Australia; and

                     (c)  the supply of prescribed carriage services to people in Australia on request.

             (3)  The Minister may make a written determination that the universal service obligation includes the supply, installation and maintenance of payphones at specified locations in Australia. The determination has effect accordingly and a copy of the determination must be published in the Gazette .

             (4)  An obligation does not arise under paragraph (2)(a) 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 (2)(c) 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 (2)(a) in relation to customer equipment requires the customer concerned to be given the option of hiring the equipment.