a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;

(b) a declaration that the 24-month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section.

a declaration is made under paragraph (1)(a) or (b); and

the declaration is not in force as at the later of the following times:

the end of the period of 26 months that began at the commencement of this section;

(ii) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the declaration could be passed;

the 24-month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section.

Subsequent declarations

a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;

a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to standard telephone services.

Criteria for making declaration

Telstra has entered into a contract under section 14; and

the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); and

the contract is in force; and

neither party to the contract has given notice of termination of the contract; and

the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to:

Telstra’s record of compliance with its obligations under the contract; and

the nature of Telstra’s obligations under the contract; and

Telstra’s record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(a); and

Telstra’s record of compliance with its obligations under Part 5; and

such other matters (if any) as the Minister considers relevant; and

the Minister has obtained advice from:

the ACMA; and

the Secretary;

about the making of the declaration.

a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to payphones;

(b) a declaration that the 24-month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section.

a declaration is made under paragraph (1)(a) or (b); and

the declaration is not in force as at the later of the following times:

the end of the period of 26 months that began at the commencement of this section;

(ii) the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the declaration could be passed;

the 24-month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section.

Subsequent declarations

a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to payphones;

a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to payphones.

Criteria for making declaration

Telstra has entered into a contract under section 14; and

the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(b); and

the contract is in force; and

neither party to the contract has given notice of termination of the contract; and

the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to:

Telstra’s record of compliance with its obligations under the contract; and

the nature of Telstra’s obligations under the contract; and

Telstra’s record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(b); and

such other matters (if any) as the Minister considers relevant; and

the Minister has obtained advice from:

the ACMA; and

the Secretary;

about the making of the declaration.

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

to ensure that payphones are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business.

the Minister makes a declaration under section 8J that, in the Minister’s opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; and

(b) neither House of the Parliament passes a resolution under Legislation Act 2003 disallowing the declaration;section 42 of the

an obligation does not arise under paragraph (1)(a) or subsection (2) of this section after the last day on which such a resolution could have been passed by a House of the Parliament.

(2AA) If:

the Minister makes a declaration under section 8K that, in the Minister’s opinion, there are satisfactory alternative contractual arrangements relating to payphones; and

(b) neither House of the Parliament passes a resolution under Legislation Act 2003 disallowing the declaration;section 42 of the

an obligation does not arise under paragraph (1)(b) or subsection (2A) of this section after the last day on which such a resolution could have been passed by a House of the Parliament.

the obligation referred to in paragraph 9(1)(a) (dealing with the standard telephone services);

the obligation referred to in paragraph 9(1)(b) (dealing with payphones).

if the regulations prescribe customer equipment for the purposes of this paragraph—whichever of the following is applicable:

that customer equipment;

(ii) if other customer equipment is supplied, instead of the first-mentioned customer equipment, in order to comply with the Disability Discrimination Act 1992—that other customer equipment; and

if paragraph (a) does not apply—whichever of the following is applicable:

a telephone handset that does not have switching functions;

(ii) if other customer equipment is supplied, instead of such a handset, in order to comply with the Disability Discrimination Act 1992—that other customer equipment; and

other goods of a kind specified in the regulations; and

services of a kind specified in the regulations;

where the equipment, goods or services, as the case may be, are for use in connection with the standard telephone service.

customer equipment of a kind specified in the regulations; and

other goods of a kind specified in the regulations; and

services of a kind specified in the regulations;

where the equipment, goods or services, as the case may be, are for use in connection with the standard telephone service.

different primary universal service providers in respect of different service obligations for the same service area; and

the same person as the primary universal service provider for one or more service areas in respect of one or more service obligations.

different primary universal service providers in respect of different service obligations; and

the same person as a primary universal service provider in respect of one or more service obligations.

that obligation, so far as it relates to that area, is imposed on each of those primary universal service providers, but may be discharged by any of those primary universal service providers; and

if the service obligation, so far as it relates to that area, is complied with by any of those primary universal service providers—the obligation, so far as it relates to that area, is taken to have been complied with by the other primary universal service provider or providers.

subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for a service area in respect of a service obligation;

(b) if such a determination is in force—that area is a special determined area in relation to that service obligation.

subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for a service area in respect of a service obligation;

(b) if such a determination is in force—that area is a special determined area in relation to that service obligation.

subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for the general Australian service area in respect of a service obligation;

if such a determination is in force—subsection (1) does not apply to that service obligation.

subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for the general Australian service area in respect of a service obligation;

if such a determination is in force—subsection (1) does not apply to that service obligation.

(a) the Minister determines under current provider) is a primary universal service provider for a service area in respect of a service obligation; andsection 12A that a carrier or carriage service provider (the

(b) another person, who is or was a universal service provider for the service area in respect of the obligation, is determined to be a former provider under subsection (4).

either:

(i) the Minister revokes or varies a determination under former provider) ceases to be a universal service provider for a service area in respect of a service obligation; orsection 12A so that a person (the

(ii) a person (the former provider) otherwise ceases to be a universal service provider for a service area in respect of a service obligation; and

(b) another person (the current provider), who was also a universal service provider in respect of the service obligation, continues to be a universal service provider for the service area in respect of that obligation:

if subparagraph (a)(i) applies—after the revocation or variation; or

if subparagraph (a)(ii) applies—after the cessation.

if subsection (1) applies—the later of the following days:

the day on which the current provider became a universal service provider;

the day on which the determination under section 12A was made in respect of the current provider; or

if subsection (2) applies—the day on which the former provider ceases to be a universal service provider.

the terms and conditions of the supply of a standard telephone service to a customer, other than price-related terms and conditions;

the reliability of a standard telephone service supplied to a customer;

the supply of a temporary standard telephone service to a customer;

the maximum period within which a primary universal service provider must supply a standard telephone service following the making of a request by a prospective customer;

the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a standard telephone service following the making of a report by a customer about the fault or service difficulty;

any other matter concerning the supply, or proposed supply, of a standard telephone service to a customer or prospective customer.

the terms and conditions of the supply of a standard telephone service to a customer, other than price-related terms and conditions;

the reliability of a standard telephone service supplied to a customer;

the supply of a temporary standard telephone service to a customer;

the maximum period within which a primary universal service provider must supply a standard telephone service following the making of a request by a prospective customer;

the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a standard telephone service following the making of a report by a customer about the fault or service difficulty;

any other matter concerning the supply, or proposed supply, of a standard telephone service to a customer or prospective customer.

the characteristics of a payphone carriage service;

the supply, installation or maintenance of a payphone;

the supply of a payphone carriage service;

the reliability of a payphone;

the reliability of a payphone carriage service;

the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty;

the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty;

the handling of requests for the removal of a payphone;

any other matter concerning:

the supply, installation or maintenance of a payphone; or

the supply of a payphone carriage service.

the characteristics of a payphone carriage service;

the supply, installation or maintenance of a payphone;

the supply of a payphone carriage service;

the reliability of a payphone;

the reliability of a payphone carriage service;

the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty;

the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty;

the handling of requests for the removal of a payphone;

any other matter concerning:

the supply, installation or maintenance of a payphone; or

the supply of a payphone carriage service.

a primary universal service provider makes a decision to remove a payphone from a particular location; and

that payphone is the only payphone at that location;

then:

the provider must undertake a process for public consultation on the removal of that payphone; and

if, in accordance with that process, a person makes a submission to the provider—the provider must notify the person, in writing, of the outcome of that process.

Compliance

a primary universal service provider has made a decision to remove a payphone from a particular location; and

a person notifies the ACMA, in writing, that the person objects to the removal; and

the ACMA is satisfied that:

the removal would breach, or has breached, a determination under subsection 12EF(1); or

the provider has breached a determination under subsection 12EG(1) in relation to the removal.

Direction

to supply and install a payphone at that location; and

to do so within the period specified in the notice.

that standard telephone services are to:

be reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

be supplied to people in Australia on request; and

that payphones are to:

be reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

be supplied, installed and maintained in Australia; and

that end-users of standard telephone services in Australia are to have access, free of charge, to an emergency call service; and

that the National Relay Service is to be reasonably accessible to all persons in Australia who:

are deaf; or

have a hearing and/or speech impairment;

wherever they reside or carry on business; and

that there are to be such:

customer information programs; and

customer cabling installation programs; and

carriage service development programs; and

other measures (if any) as are specified in the regulations;

as are necessary to support the continuity of supply of carriage services during the transition to the national broadband network; and

that all persons in Australia outside a standard zone are to have access to untimed voice calls on a basis that is comparable to the access provided to persons in standard zones for voice calls made:

using a standard telephone service; or

using a payphone; and

that all persons in Australia outside a standard zone are to have access to untimed data calls on a basis that is comparable to the access provided to persons in standard zones for data calls made to an internet service provider using a data network access number; and

that an SMS relay service is reasonably accessible to all persons in Australia who:

are deaf; or

have a hearing and/or speech impairment; and

that a video relay service is reasonably accessible to all persons in Australia who communicate in Auslan; and

that a software application is reasonably available to assist all users of the National Relay Service in communication with emergency call services; and

the objectives (if any) specified in the regulations, where those objectives relate to the supply of carriage services.

enter into a contract; or

make a grant of financial assistance;

for a purpose relating to the achievement of any or all of the policy objectives of this Division.

a contract entered into under section 14; or

a grant made under section 14;

that the contractor or grant recipient, as the case may be, must comply with a determination under subsection (2) in so far as the determination applies to the contract or grant, as the case may be.

Determination

standards or rules that must be complied with by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 14;

minimum benchmarks that must be met or exceeded by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 14.

Application of determinations

the terms and conditions that may be included in a contract entered into under section 14; or

the terms and conditions that may be included in an agreement under section 15.

Determination prevails over inconsistent contract or agreement

of a contract entered into under section 14; or

set out in an agreement under section 15;

has no effect to the extent to which it is inconsistent with a determination under subsection (2) that applies to the contract or to the grant to which the agreement relates, as the case may be.

of a contract entered into under section 14; and

that gives the contractor a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract.

set out in an agreement under section 15; and

that gives the grant recipient a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the grant recipient in accordance with the terms and conditions of the grant.

a party to a contract entered into under section 14; or

the grantor of a grant made under section 14.

an amount payable by the Commonwealth under a the Secretary on behalf of the Commonwealth; andsection 14 contract is to be paid by

an amount payable to the Commonwealth under a the Secretary on behalf of the Commonwealth; andsection 14 contract is to be paid to

a the Secretary on behalf of the Commonwealth; andsection 14 grant is to be paid by

an amount payable to the Commonwealth by way of the repayment of the whole or a part of a the Secretary on behalf of the Commonwealth; andsection 14 grant is to be paid to

the Secretary may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns:

a section 14 contract; or

a section 14 grant.

the performance of contractors; and

the performance of grant recipients.

the adequacy of each contractor’s compliance, during that year, with the terms and conditions of a section 14 contract;

the adequacy of each grant recipient’s compliance, during that year, with the terms and conditions of a section 14 grant;

any notice of breach by a contractor of a section 14 contract, where the notice was given during that year;

any notice of breach by a grant recipient of a term or condition of a section 14 grant, where the notice was given during that year;

any remedial action taken by the Secretary during that year in response to a breach of a section 14 contract;

any remedial action taken by the Secretary during that year in response to a breach of the terms or conditions of a section 14 grant;

the result of any such remedial action.

(a) a designated Telstra successor company (the first designated Telstra successor company) is a party to the section 14 contract known as the Telstra USO Performance Agreement; and

the Minister is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to fulfil its obligations under the Telstra USO Performance Agreement;

the Minister may give:

Telstra Limited; or

another designated Telstra successor company; or

(e) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

a written direction:

to do a specified act or thing; or

not to do a specified act or thing.

the Minister is satisfied that the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).

the Minister is satisfied that not doing the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and

the Minister is satisfied that the body corporate:

has the capability (including the technical, operational and organisational capability) to comply with the direction; or

could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and

the body corporate:

is a constitutional corporation; or

(ii) carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c) of the Telecommunications Act 1997.

Compliance with requirement

make a copy of the draft direction or variation available on the Minister’s website; and

publish a notice on the Minister’s website:

stating that the Minister has prepared the draft; and

inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.

a contract is in force as at the commencement of this section; and

the contract was entered into before 1 July 2012; and

(c) under Telecommunications Universal Service Management Agency Act 2012, that Act had effect as if the contract had been entered into under section 13 of that Act for a purpose relating to the achievement of a particular policy objective;section 22, 23, 24, 25 or 26 of the repealed

this Act, and any other law of the Commonwealth, has effect as if the contract had been entered into by the Secretary under section 14 of this Act for a purpose relating to the achievement of the corresponding policy objective.

a contract is in force as at the commencement of this section; and

the contract was entered into on or after 1 July 2012; and

(c) the contract was entered into under Telecommunications Universal Service Management Agency Act 2012 for a purpose relating to the achievement of a particular policy objective;section 13 of the repealed

this Act, and any other law of the Commonwealth, has effect as if the contract had been entered into by the Secretary under section 14 of this Act for a purpose relating to the achievement of the corresponding policy objective.

a relevant contract; or

a variation of a relevant contract;

the company must give:

an authorised officer; or

if there is no authorised officer—the Minister;

a written statement that sets out the following information:

the names of the parties to the contract or variation, as the case requires;

the nature of the contract or variation, as the case requires;

the date the contract or variation, as the case requires, was entered into;

the date when the contract or variation, as the case requires, came, or is to come, into effect;

if the contract or variation (as the case requires) deals with the transfer of an asset—the name of the transferee;

such other information (if any) relating to the contract or variation, as the case requires, as is specified under subsection (2).

a designated Telstra successor company proposes to enter into a relevant contract; and

the contract is to be entered into for a purpose relating to the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the company by the section 14 contract known as the Telstra USO Performance Agreement;

the company must, at least 30 days before entering into the contract, give:

an authorised officer; or

if there is no authorised officer—the Minister;

a written statement that sets out the following information:

the names of the parties to the contract;

the nature of the contract;

the date the contract is to be entered into;

the date when the contract is to come into effect;

the name of the transferee of the assets;

such other information (if any) relating to the contract as is specified under subsection (2).

a relevant contract; or

a variation of a relevant contract;

the Minister or an authorised officer may, by written notice given to the company, require the company to:

give:

an authorised officer; or

if there is no authorised officer—the Minister;

a copy of the proposed contract or variation, as the case requires; and

do so within 7 days after the notice is given.

Requirement to give copy of contract or variation

a relevant contract; or

a variation of a relevant contract;

the Minister or an authorised officer may, by written notice given to the company, require the company to:

give:

an authorised officer; or

if there is no authorised officer—the Minister;

a copy of the contract or variation, as the case requires; and

do so within 7 days after the notice is given.

Compliance with requirement

the requirement that, within 7 days after such a contract is entered into, the company must give:

an authorised officer; or

if there is no authorised officer—the Minister;

a copy of the contract;

the requirement that, within 7 days after the company enters into a variation of such a contract, the company must give:

an authorised officer; or

if there is no authorised officer—the Minister;

a copy of the variation.

Compliance with requirement

to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or

to produce to the Secretary, within the period and in the manner specified in the notice, any such documents; or

to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies.

the Secretary has given a notice to the carriage service provider under subsection (2); and

the carriage service provider engages in conduct; and

the carriage service provider’s conduct contravenes a requirement in the notice.

inspect a document or copy produced under subsection 23(2); and

make and retain copies of, or take and retain extracts from, such a document.

was obtained by the Secretary under section 23; or

is contained in a document, or a copy of a document, that was produced to the Secretary under section 23.

Disclosure

(a) the Secretary believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person) contacting:

the carriage service provider’s customers; or

customers included in a particular class of the carriage service provider’s customers;

for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e), that consent would be likely to facilitate the achievement of the policy objective set out in paragraph 13(1)(e); and

the carriage service provider is not a contractor in relation to a section 14 contract entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e); and

the carriage service provider is not a grant recipient in relation to a section 14 grant made for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e).

Requirement

to consent to the third person contacting:

if subparagraph (1)(a)(i) applies—the carriage service provider’s customers; or

if subparagraph (1)(a)(ii) applies—customers included in a specified class of the carriage service provider’s customers;

for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e); and

to do so within the period and in the manner specified in the notice.

the Secretary has given a notice to the carriage service provider under subsection (2); and

the carriage service provider engages in conduct; and

the carriage service provider’s conduct contravenes a requirement in the notice.

Subdivision B—Access to information or documents held by an NBN corporation

to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or

to produce to the Secretary, within the period and in the manner specified in the notice, any such documents; or

to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies.

the Minister has given a notice to the NBN corporation under subsection (2); and

the NBN corporation engages in conduct; and

the NBN corporation’s conduct contravenes a requirement in the notice.

inspect a document or copy produced under subsection 30(2); and

make and retain copies of, or take and retain extracts from, such a document.

subsection (3) had not been enacted; and

each reference in this Subdivision to an NBN corporation were, by express provision, confined to an NBN corporation that is a constitutional corporation.

Communications power

subsection (2) had not been enacted; and

each reference in this Subdivision to an NBN corporation were, by express provision, confined to an NBN corporation that:

carries on; or

proposes to carry on; or

has the object of carrying on;

a business that consists of or includes the supply of a carriage service.

Subdivision C—Disclosure of information to certain bodies or persons

the ACMA;

the ACCC;

the Telecommunications Industry Ombudsman;

the Regional Telecommunications Independent Review Committee;

if:

the information was obtained under, or for the purposes of, this Division; and

the Secretary is satisfied that the information will enable or assist the body or person to perform or exercise any of the functions or powers of the body or person.

the total amount paid by the Secretary on behalf of the Commonwealth during the period under contracts made under section 14; and

the total amount paid by the Secretary on behalf of the Commonwealth during the period by way of grants made under section 14; and

the total amount of the eligible administrative costs of the Commonwealth incurred during the period;

reduced by the total of the amounts appropriated by Appropriation Acts for the purposes of:

making payments under section 14 contracts during the period; and

making section 14 grants during the period; and

the eligible administrative costs of the Commonwealth in relation to the period.

First eligible levy period

the total amount of the eligible administrative costs of the Commonwealth incurred during the period; and

a breakdown of the amount referred to in paragraph (a) into categories specified in the regulations.

Components of overall levy target amount—first eligible levy period

(a) the total amount of the Telecommunications Universal Service Management Agency’s administrative costs (within the meaning of the repealed Telecommunications Universal Service Management Agency Act 2012) incurred during the period; and

a breakdown of the amount referred to in paragraph (a) into categories specified in the regulations.

Timing

give the ACMA a written return of the person’s eligible revenue for that period; and

do so within the period specified in an instrument in force under subsection (5).

the eligible revenue for the eligible revenue period of the participating person; and

details of how the eligible revenue was worked out; and

such other information (if any) as the approved form of return requires.

the person was a carrier at any time during the eligible revenue period; or

both:

the Minister makes a written determination that carriage service providers are participating persons for the eligible revenue period; and

the person was a carriage service provider at any time during the eligible revenue period; or

at any time during the eligible revenue period, the person was in a class of persons specified in the regulations.

(a) is taken to be zero if the person’s eligible revenue is less than the amount (the threshold amount) determined in writing by the Minister for the purposes of this subsection; or

in any other case—must be reduced by the threshold amount.

an amount payable under a contract entered into under section 14; or

a grant under section 14;

is included in a person’s eligible revenue.

the person’s eligible revenue return; and

the information and documents obtained by the ACMA because of its inquiries into the correctness of the return; and

any other information or documents that the ACMA has and that it thinks relevant to making the assessment.

estimate the person’s eligible revenue for that period; and

make a written assessment under section 47 of the person’s eligible revenue for that period based on that estimate.

the amount of eligible revenue proposed to be assessed; and

the ACMA’s proposal to make the assessment based on the estimate.

give the person a notice under subsection (2); or

make a written assessment under section 47 of the person’s eligible revenue for the period based on the estimate;

if the estimate is nil.

the person’s levy amount under section 50 for the eligible levy period; and

the levy payable by the person on that amount.

the 28th day; or

such later day as is determined in writing by the ACMA;

after the ACMA gives a copy of the assessment to the participating person to whom the assessment relates.

that the document is a copy of the assessment; and

that the ACMA has duly made the assessment; and

that the amounts and other particulars set out in the assessment are correct.

(a) an amount of levy (the first amount) is payable by a person; and

(b) an amount (the second amount) is payable by the Commonwealth to the person:

under a section 14 contract; or

as a section 14 grant;

the ACMA may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.

specified information or documents on the basis of which the ACMA may make, or has made, its assessment under section 51 for an eligible levy period; or

specified information about how the ACMA may work out, or has worked out, the matters mentioned in paragraphs 51(2)(a) and (b).

information (other than information prescribed for the purposes of this paragraph):

that was obtained from, or relates to, a person who is a participating person for an eligible revenue period; and

the making available of which under this section can reasonably be expected to cause substantial damage to the person’s commercial or other interests; or

information prescribed for the purposes of this paragraph; or

so much of a document as sets out information of a kind referred to in paragraph (a) or (b).

(a) that was obtained from, or relates to, another person (the second person) who is a participating person for an eligible revenue period; and

the making available of which to the first person can reasonably be expected to cause substantial damage to the second person’s commercial or other interests;

unless the ACMA is satisfied:

that the information could be obtained by the first person lawfully, and without the second person’s consent, from a source other than the ACMA; or

that:

the first person has made the request in good faith for the sole purpose of informing itself about the basis on which, or the methods by which, the ACMA made the assessment concerned; and

having regard to the policy objectives in section 13, the first person’s interest in being able to examine that basis and those methods in order to see how its liability to pay levy has been assessed outweighs the second person’s interest in avoiding the damage referred to in paragraph (b) of this subsection.

whether any undertakings have been given under subsection (5) and, if so, the nature of those undertakings; and

such other matters (if any) as the ACMA considers relevant.

disclose the information, or the contents of the document, except to one or more specified persons; or

use the information, or the document, except for the purpose of informing itself about the basis on which, or the methods by which, the ACMA made the assessment concerned.

communicating information to the person in writing or in some other form; or

making documents available for inspection by the person or by an employee, agent or professional adviser of the person; or

giving to the person copies of, extracts from, or summaries of, documents.

the person is subject to a requirement under section 43; and

the person omits to do an act; and

the omission breaches the requirement.

is a debt due to the ACMA on behalf of the Commonwealth; and

may be recovered by the ACMA, on behalf of the Commonwealth, in a court of competent jurisdiction.

the name of the contractor;

the duration of the contract;

a summary of the actions to be undertaken by the contractor under the contract;

a description of the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract;

one of the following:

the total amount paid or to be paid by the Commonwealth under the contract;

an estimate of the total amount paid or to be paid by the Commonwealth under the contract;

the method of working out the total amount paid or to be paid by the Commonwealth under the contract.

the name of the grant recipient;

a summary of the terms and conditions of the grant that require action to be undertaken by the grant recipient;

a description of the services, facilities or customer equipment to be supplied by the grant recipient in accordance with the terms and conditions of the grant;

either:

the amount of the grant; or

the method for working out the amount of the grant.

an SES employee; or

an acting SES employee.

the carriage service enables end-users to download communications; and

the local access line is part of the infrastructure of a telecommunications network in Australia; and

the local access line is technically capable of being used to supply a superfast carriage service;

but does not include:

a carriage service that can only be used by an end-user to make and receive voice calls; or

a carriage service that can only be used by an end-user to view one or more broadcast television streams; or

a carriage service that belongs to a class determined under subsection (2).

the carriage service is supplied using a fixed wireless technology platform; and

the carriage service is marketed to customers, or potential customers, as a fixed wireless service; and

the carriage service enables end-users to download communications; and

the peak download transmission speed of the carriage service is at least 25 megabits per second; and

the peak upload transmission speed of the carriage service is at least 5 megabits per second; and

the carriage service is not a public mobile telecommunications service; and

the carriage service is a listed carriage service; and

the conditions (if any) determined under subsection (2) are satisfied.

the carriage service is supplied using a satellite; and

the carriage service enables end-users to download communications; and

the peak download transmission speed of the carriage service is at least 25 megabits per second; and

the peak upload transmission speed of the carriage service is at least 5 megabits per second; and

the carriage service is not a public mobile telecommunications service; and

the carriage service is a listed carriage service; and

the conditions (if any) determined under subsection (2) are satisfied.

an NBN corporation; or

determined under subsection (2).

enter into a contract with; or

make a grant of financial assistance to;

an eligible funding recipient in relation to:

the connection of premises to a telecommunications network in order that a carriage service provider can provide:

fixed wireless broadband services to an end-user at the premises; or

satellite broadband services to an end-user at the premises; or

the supply of eligible services to a carriage service provider in order that the carriage service provider can provide:

fixed wireless broadband services to an end-user at premises; or

satellite broadband services to an end-user at premises; or

facilities that are used, or proposed to be used, to supply:

fixed wireless broadband services; or

satellite broadband services; or

a matter that is incidental or ancillary to a matter mentioned in paragraph (c), (d) or (e).

(a) the short title of the Telecommunications (Regional Broadband Scheme) Charge Act 2020; or

the name of the Regional Broadband Scheme Special Account; or

section 92A;

does not limit subsection (1) of this section.

a contract entered into under section 80; or

a grant made under section 80;

that the contractor or grant recipient, as the case may be, must comply with a determination under subsection (2) in so far as the determination applies to the contract or grant, as the case may be.

Determination

standards or rules that must be complied with by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 80;

minimum benchmarks that must be met or exceeded by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 80.

Application of determinations

the terms and conditions that may be included in a contract entered into under section 80; or

the terms and conditions that may be included in an agreement under section 81.

Determination prevails over inconsistent contract or agreement

of a contract entered into under section 80; or

set out in an agreement under section 81;

has no effect to the extent to which it is inconsistent with a determination under subsection (2) that applies to the contract or to the grant to which the agreement relates, as the case may be.

of a contract entered into under section 80; and

that gives the contractor a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract.

set out in an agreement under section 81; and

that gives the grant recipient a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the grant recipient in accordance with the terms and conditions of the grant.

a party to a contract entered into under section 80; or

the grantor of a grant made under section 80.

an amount payable by the Commonwealth under a the Secretary on behalf of the Commonwealth; andsection 80 contract is to be paid by

an amount payable to the Commonwealth under a the Secretary on behalf of the Commonwealth; andsection 80 contract is to be paid to

a the Secretary on behalf of the Commonwealth; andsection 80 grant is to be paid by

an amount payable to the Commonwealth by way of the repayment of the whole or a part of a the Secretary on behalf of the Commonwealth; andsection 80 grant is to be paid to

the Secretary may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns:

a section 80 contract; or

a section 80 grant.

the performance of contractors; and

the performance of grant recipients.

the adequacy of each contractor’s compliance, during that year, with the terms and conditions of a section 80 contract;

the adequacy of each grant recipient’s compliance, during that year, with the terms and conditions of a section 80 grant;

any notice of breach by a contractor of a section 80 contract, where the notice was given during that year;

any notice of breach by a grant recipient of a term or condition of a section 80 grant, where the notice was given during that year;

any remedial action taken by the Secretary during that year in response to a breach of a section 80 contract;

any remedial action taken by the Secretary during that year in response to a breach of the terms or conditions of a section 80 grant;

the result of any such remedial action.

the second eligible financial year; or

a later eligible financial year.

Issue of certificate

issue to the carrier a certificate stating that a specified amount is the nominal funding entitlement of the carrier for the funding financial year; and

do so:

by the end of 31 March in the funding financial year; and

if the carrier has applied under subsection 98(1) for a charge offset certificate in relation to the previous financial year—before making a decision in response to the application.

before issuing those certificates, the Secretary must make an estimate of so much of the balance of the Regional Broadband Scheme Special Account as at 7 May in the funding financial year as is attributable to amounts paid to the Commonwealth by way of:

so much of an amount of charge as is attributable to the annual base amount for a financial year; or

a base instalment of charge; and

in issuing those certificates, the Secretary must have regard to that estimate.

Payments to holder of certificate

a carrier is an eligible funding recipient; and

the carrier is the holder of a nominal funding entitlement certificate in relation to a funding financial year;

the Secretary must take all reasonable steps to ensure that the total of:

the amounts that have, or will, become due and payable by the Commonwealth to the carrier under section 80 contracts during the funding financial year; and

the section 80 grants that were, or will be, made to the carrier during the funding financial year;

equals whichever of the following amounts is applicable:

if the carrier holds a charge offset certificate for the previous financial year—the nominal funding entitlement of the carrier for the funding financial year, reduced by the amount specified in the charge offset certificate;

if the carrier does not hold a charge offset certificate for the previous financial year—the nominal funding entitlement of the carrier for the funding financial year.

Copy of certificate to be given to the ACMA

the whole or a part of the balance standing to the credit of the Regional Broadband Scheme Special Account at a particular time is attributable to charge paid by particular carriers; and

a determination is in force under subsection (2);

the Secretary may, on behalf of the Commonwealth, distribute to those carriers the whole or a part of the balance.

rules to be complied with by the Secretary in relation to the timing of distributions under subsection (1); and

a method to be applied by the Secretary in making distributions under subsection (1).

the total of the relevant Budget amounts (see subsection (3));

the total of the amounts paid to the Commonwealth by way of:

so much of an amount of charge as is attributable to the annual administrative cost amount for a financial year; or

an administrative cost instalment of charge.

a person is a member of an associated group during the whole or a part of a month; and

the total number of potentially chargeable premises in relation to the members of the group for that month is less than 2,000; and

one or more of those potentially chargeable premises are potentially chargeable premises in relation to the person for that month;

each of the potentially chargeable premises mentioned in paragraph (c) are exempt premises in relation to the person for that month.

a person is not a member of an associated group during the whole or a part of a month; and

the total number of potentially chargeable premises in relation to the person for that month is less than 2,000;

each of those potentially chargeable premises are exempt premises in relation to the person for that month.

Associated group

a person is in a position to exercise control of:

a local access line; or

a telecommunications network; and

the person has one or more associates;

then:

the person is taken to belong to an associated group; and

the associated group consists of the person and those associates.

a local access line; or

a telecommunications network;

is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.

a person is a carrier; and

during a period comprising the whole or a part of a month in an eligible financial year, either:

the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or

under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and

the line is not owned by an NBN corporation at any time during that month; and

the line is not used by an NBN corporation to supply a declared service at any time during that month; and

during the whole of that month, there was in force a legally enforceable agreement that satisfies the following conditions:

the agreement provides for the transfer of ownership or control of the line to an NBN corporation;

(ii) the agreement is covered by a determination made under subsection 577BA(9) of the Telecommunications Act 1997;

the agreement is not specified in an instrument under subsection (2);

the line is an exempt line in relation to the person for that month.

a person is a carrier; and

during a period comprising the whole or a part of a month in an eligible financial year, either:

the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or

under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and

the line is not owned by an NBN corporation at any time during that month; and

the line is not used by an NBN corporation to supply a declared service at any time during that month; and

during the whole of that month, there was in force a contract that satisfies the following conditions:

the contract provides for the deactivation or decommissioning of lines that form part of the infrastructure of a hybrid fibre-coaxial network;

the contract was entered into between NBN Co and the listed Optus companies (see subsection (10));

the contract applies to the line;

the agreement is not specified in an instrument under subsection (4);

the line is an exempt line in relation to the person for that month.

a person is a carrier; and

during a period comprising the whole or a part of a month in an eligible financial year, either:

the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or

under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and

that month is one of the first 6 months of the first eligible financial year; and

the line is not owned by an NBN corporation at any time during that month; and

the line is not used by an NBN corporation to supply a declared service at any time during that month; and

during the whole of that month, there was in force a legally enforceable agreement that satisfies the following conditions:

the agreement provides for the transfer of ownership or control of the line to an NBN corporation;

the agreement was in force immediately before the commencement of this section;

the agreement is not covered by subparagraph (1)(e)(ii) or (3)(e)(ii);

the agreement is not specified in an instrument under subsection (6);

such other conditions (if any) as are determined under subsection (7);

the line is an exempt line in relation to the person for that month.

Optus Networks Pty Limited (ACN 008 570 330); or

Optus Internet Pty Limited (ACN 083 164 532); or

Optus Vision Pty Limited (ACN 066 518 821); or

Optus Vision Media Pty Limited (ACN 070 870 647); or

Optus Systems Pty Limited (ACN 056 541 167); or

SingTel Optus Pty Limited (ACN 052 833 208).

during a period comprising the whole or a part of a month in an eligible financial year, a person is a carrier; and

(b) a declaration made under subsection 63(2) of the Telecommunications Act 1997 was in force on 30 June 2018 in relation to the carrier licence held by the person; and

the declaration provides that the person must (upon request by an end-user at relevant premises) connect, or arrange for another person on the person’s behalf to connect, premises located in a development area (however described) specified in the declaration to a telecommunications network owned by the person (as specified in the declaration); and

the person, or another person on the person’s behalf:

has connected one or more premises located in the development area to the telecommunications network; and

has done so before the end of 30 June 2019; and

one or more of the connected premises are potentially chargeable premises in relation to the person for that month;

each of the potentially chargeable premises mentioned in paragraph (e) are recently connected greenfield premises in relation to the person for that month.

a person is a carrier; and

during a period comprising the whole or a part of a month in an eligible financial year, the person supplies an eligible local bitstream access service using a local access line; and

during a whole or a part of that period, a carriage service provider supplies a designated broadband service to one or more premises using the line; and

one or more of those premises are potentially chargeable premises in relation to the person for that month;

each of the potentially chargeable premises mentioned in paragraph (d) are recently connected greenfield premises in relation to the person for that month.

beginning at the start of 1 January 2011; and

ending at the end of 30 June 2019.

local bitstream access service has the meaning given by a declaration that:

was made:

(i) under subsection 152AL(3) of the Competition and Consumer Act 2010; and

(ii) in compliance with repealed subsection 152AL(3C) of the Competition and Consumer Act 2010; and

(b) was in force immediately before the commencement of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020.

section 93 of this Act; or

(b) any provision of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 (other than section 20 of that Act);

in relation to:

the carrier; or

any other carrier.

the carrier; or

any other carrier.

Ancillary contraventions

aid, abet, counsel or procure a contravention of subsection (1) or (1A); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (1A); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (1A); or

conspire with others to effect a contravention of subsection (1) or (1A).

Civil penalty provisions

the carrier, either alone or together with one or more other persons, enters into, begins to carry out or carries out a scheme; and

the carrier did so for the sole or dominant purpose of avoiding the application of:

section 93 of this Act; or

(ii) any provision of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 (other than section 20 of that Act);

in relation to:

the carrier; or

any other carrier.

the carrier, either alone or together with one or more other persons, enters into, begins to carry out or carries out a scheme; and

(b) the carrier did so for the sole or dominant purpose of obtaining the benefit of Telecommunications (Regional Broadband Scheme) Charge Act 2020 in relation to:section 20 of the

the carrier; or

any other carrier.

Validity of transactions

any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

a person is an eligible funding recipient; and

(b) the ACMA has made an assessment under charge financial year);section 102 setting out the charge payable by the person for a financial year (the

the person may, at any time during the period:

beginning when the assessment was made; and

ending at the end of the standard due date (within the meaning of section 102D) for the charge financial year;

apply to the Secretary for the issue to the person of a charge offset certificate for the charge financial year.

be in writing; and

be in a form approved, in writing, by the Secretary; and

be accompanied by such information as is specified in rules made under subsection (9).

Issue of certificate

an application under subsection (1) has been made for the issue to a person of a charge offset certificate for the charge financial year; and

the person is the holder of a nominal funding entitlement certificate in relation to the next financial year; and

rules made under subsection (9) for the purposes of this paragraph are in force; and

the conditions set out in those rules are satisfied;

the Secretary must:

issue a certificate stating that the person is entitled to a charge offset for the charge financial year equal to the amount specified in the certificate; and

do so by the end of 31 March next following the charge financial year.

must be the amount ascertained in accordance with rules made under subsection (9); and

must not exceed the nominal funding entitlement of the person for the next financial year; and

must not exceed the annual base amount of the person for the charge financial year.

a person becomes the holder of a charge offset certificate for a financial year; and

a base instalment of charge is payable by the person in relation to the financial year; and

the base instalment of charge has not been paid;

the Secretary must, on behalf of the Commonwealth, remit so much of the base instalment of charge as equals the amount specified in the certificate.

the ACMA has made an assessment under section 102 setting out the charge payable by a person for a financial year; and

the base instalment of charge is remitted, to any extent, under subsection (1) of this section; and

the ACMA is informed of the remission;

the ACMA must, under subsection 102B(1), vary the assessment to reflect the remission.

Refund

a person becomes the holder of a charge offset certificate for a financial year; and

a base instalment of charge was payable by the person in relation to the financial year; and

the base instalment of charge has been paid;

the Secretary must, on behalf of the Commonwealth, refund so much of the base instalment of charge as equals the amount specified in the certificate.

give the ACMA a written report about:

those chargeable premises; and

the chargeable premises (if any) associated with a local access line of the person for each of the other months in the financial year; and

do so before the end of 31 October next following the financial year.

a telecommunications network; or

a company; or

a local access line;

the report must:

set out the name of the associate; and

set out the ACN (if any) of the associate; and

identify the network, company or line, as the case requires; and

(g) identify which paragraph or paragraphs of subsection 152(1) of the Telecommunications Act 1997 resulted in the person having the associate.

Transitional

the report relates to:

the first eligible financial year; or

the second eligible financial year; or

the third eligible financial year; or

the fourth eligible financial year; or

the fifth eligible financial year; and

there are one or more potentially concessional premises in relation to the person for a month in the eligible financial year;

the report must set out the total number of potentially concessional premises in relation to the person for that month.

particular premises are reported as potentially concessional premises in relation to the person for a month; and

apart from this subsection, the premises are not potentially concessional premises in relation to the person for the month; and

the person:

did not know; and

could not, with reasonable diligence, have ascertained;

that the premises are not potentially concessional premises in relation to the person for the month;

the premises are taken, for all purposes, to be potentially concessional premises in relation to the person for the month.

the report relates to:

the first eligible financial year; or

the second eligible financial year; or

the third eligible financial year; or

the fourth eligible financial year; or

the fifth eligible financial year; and

during the whole or a part of a month in the eligible financial year, the person was the controller of an associated group;

the report must:

set out a statement to that effect; and

identify each of the members of the associated group; and

set out the circumstances that resulted in the person being the controller of the associated group.

Associated group

a person is in a position to exercise control of:

a local access line; or

a telecommunications network; and

the person has one or more associates;

then:

the person is taken to belong to an associated group; and

the associated group consists of the person and those associates; and

the person is the controller of the associated group.

a local access line; or

a telecommunications network;

is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.

the report relates to:

the first eligible financial year; or

the second eligible financial year; or

the third eligible financial year; or

the fourth eligible financial year; or

the fifth eligible financial year; and

there are one or more recently connected greenfield premises in relation to the person for a month in the eligible financial year;

the report must set out the total number of recently connected greenfield premises in relation to the person for that month.

particular premises are reported as recently connected greenfield premises in relation to the person for a month; and

apart from this subsection, the premises are not recently connected greenfield premises in relation to the person for the month; and

the person:

did not know; and

could not, with reasonable diligence, have ascertained;

that the premises are not recently connected greenfield premises in relation to the person for the month;

the premises are taken, for all purposes, to be recently connected greenfield premises in relation to the person for the month.

the person is subject to a requirement under section 100; and

the person omits to do an act; and

the omission breaches the requirement.

make a written assessment setting out:

the total number of chargeable premises (if any) associated with a local access line of the person for each of the months in the financial year; and

the person’s annual chargeable premises amount (if any) for the financial year; and

the person’s annual base amount (if any) for the financial year; and

the person’s annual administrative cost amount (if any) for the financial year; and

the charge (if any) payable by the person in relation to the financial year; and

do so by the assessment deadline for the financial year.

the total number of chargeable premises (if any) associated with a local access line of the person for each of the months in the financial year; and

the person’s annual chargeable premises amount (if any) for the financial year; and

the person’s annual base amount (if any) for the financial year; and

the person’s annual administrative cost amount (if any) for the financial year; and

the charge (if any) payable by the person in relation to the financial year.

30 November next following the financial year; or

if:

a later day is ascertained in accordance with a determination made under subsection (5); and

the day ascertained in accordance with the determination is not later than 2 months before the standard due date (within the meaning of section 102D) for the financial year;

the day ascertained in accordance with the determination.

the standard due date for the financial year; or

if the ACMA, by written notice given to the person, allows a later day—that later day.

(a) an instalment (the base instalment) of so much of the amount of the charge as equals the annual base amount of the person for the financial year;

(b) an instalment (the administrative cost instalment) of so much of the amount of the charge as equals the annual administrative cost amount of the person for the financial year.

if the person has made an application under subsection 98(1) for a charge offset certificate for the financial year—30 April next following the financial year; or

otherwise:

the standard due date for the financial year; or

if the ACMA, by written notice given to the person, allows a later day—that later day.