Commonwealth Numbered Acts

TELECOMMUNICATIONS LEGISLATION AMENDMENT ACT 1999 - SCHEDULE 4--Amendments

Telecommunications Act 1997

1 Section 5

Omit:

* A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:

(a) standard telephone services; and

(b) payphones; and

(c) prescribed carriage services.

2 Section 6 (table item 34)

Repeal the item.

3 Section 7 (definition of approved universal service plan )

Repeal the definition.

4 Section 7 (paragraphs (i) and (j) of the definition of civil penalty provision )

Repeal the paragraphs, substitute:

(i) subsection 92(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(j) subsection 92(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

Insert:

digital data service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

6 Section 7 (definition of draft universal service plan )

Repeal the definition.

7 Section 7 (definition of national universal service provider )

Repeal the definition.

8 Section 7 (definition of net cost area )

Repeal the definition.

9 Section 7 (definition of participating carrier )

Repeal the definition.

10 Section 7 (definition of regional universal service provider )

Repeal the definition.

11 Section 7 (definition of universal service obligation )

Repeal the definition, substitute:

universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

12 Section 7 (definition of universal service provider )

Repeal the definition, substitute:

universal service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

13 Paragraph 105(3)(e)

Omit "Part 7", substitute "Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

14 After paragraph 105(3)(e)

Insert:

(ea) the adequacy of each digital data service provider's compliance with its obligations under Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

Repeal the Parts.

16 Paragraph 529(4)(b)

Omit "Part 7", substitute "Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

Trade Practices Act 1974

17 Paragraph 151CM(1)(c)

Omit "Division 5 of Part 7 of the Telecommunications Act 1997 ", substitute "Division 5 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

18 At the end of subsection 151CM(1)

Add:

; and (d) the adequacy of each digital data service provider's compliance with its obligations under Division 5A of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with regulation of digital data service charges).

Insert:

digital data service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

20 Subsection 151CM(5)

Insert:

universal service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

Part 2--Transitional provisions

21 Transitional--eligible instruments

(1) This item applies to an eligible instrument if:

(a) the eligible instrument was in force immediately before the commencement of this item; and

(b) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Telecommunications Act 1997 other than:

(i) Subdivisions A to G of Division 6 of Part 7 of that Act; or

(ii) Division 3 or 4 of Part 7A of that Act; and

(c) that provision is repealed by this Schedule.

(a) it had been made or given under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and

(b) any requirement imposed by that Act in relation to the making or giving of the eligible instrument had been satisfied.

(4) For the purposes of this item, it is to be assumed that section 20 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 had commenced immediately before the commencement of this item.

(5) In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

22 Transitional--acts or things done before commencement

(1) This item applies to an act or thing (other than the making of an eligible instrument) if:

(a) the act or thing was done before the commencement of this item; and

(b) the act or thing was done under, or for the purposes of, a particular provision of the Telecommunications Act 1997 other than:

(i) Subdivisions A to G of Division 6 of Part 7 of that Act; or

(ii) Division 3 or 4 of Part 7A of that Act; and

(c) that provision is repealed by this Schedule.

(3) In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

23 Transitional--universal service regime

Despite the repeal of Part 7 of the Telecommunications Act 1997 by this Schedule, that Part continues to apply, after the commencement of this item, in relation to:

(a) levy, and levy debit balances, for a financial year ending on or before 30 June 1999; and

(b) payments under section 214 of the Telecommunications Act 1997 , and levy credit balances, for a financial year ending on or before 30 June 1999; and

(c) payments under section 217 of the Telecommunications Act 1997 for a financial year ending on or before 30 June 1999;

(d) the repeal of that Part had not happened; and

(e) paragraphs 212(b) and (c) of the Telecommunications Act 1997 had not been enacted.

Despite the repeal of section 221D of the Telecommunications Act 1997 by this Schedule, that section continues to apply, after the commencement of this item, in relation to the report for the 1998-99 financial year, as if that repeal had not happened.

25 Transitional--NRS Levy

(1) Despite the repeal of Part 7A of the Telecommunications Act 1997 by this Schedule, that Part continues to apply, after the commencement of this item, in relation to NRS levy for a quarter ending on or before 30 June 1999, as if:

(a) the repeal of that Part had not happened; and

(b) paragraph 221I(4)(b) of the Telecommunications Act 1997 had not been enacted.

26 Transitional--ACA's annual report on monitoring of performance

Section 105 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 7 of the Telecommunications Act 1997 .

27 Transitional--record-keeping rules

Section 529 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 7 of the Telecommunications Act 1997 .

28 Transitional--section 151CM of the Trade Practices Act 1974

Section 151CM of the Trade Practices Act 1974 has effect, after the commencement of this item, as if the reference in that section to Division 5 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Division 5 of Part 7 of the Telecommunications Act 1997 .

29 Transitional regulations

The Governor-General may make regulations in relation to transitional matters arising out of the amendments and repeals made by this Schedule.

[ Minister's second reading speech made in--

House of Representatives on 12 November 1998

Senate on 30 November 1998 ]

(172/98)