(na) the Secretary of the Department administered by the Minister administering Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or an APS employee in that Department whose duties relate to that Part;

this Act; or

(b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

regulations under that Act; or

(d) Part 6 of the Telecommunications Universal Service Management Agency Act 2012.

this Act; or

(b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

regulations under that Act.

(ii) the compliance by the applicant with the obligations under a contract entered into under Telecommunications (Consumer Protection and Service Standards) Act 1999 for a purpose relating to the achievement of a policy objective set out in paragraph 13(1)(a) or (b) of that Act; orsection 14 of the

(iii) the compliance by the applicant with the terms and conditions of a grant made under Telecommunications (Consumer Protection and Service Standards) Act 1999 for a purpose relating to the achievement of a policy objective set out in paragraph 13(1)(a) or (b) of that Act;section 14 of the

(ja) a decision of a kind referred to in subsection 70(3) (which deals with remission of late payment penalty) of the Telecommunications (Consumer Protection and Service Standards) Act 1999;

standard telephone services; and

payphones; and

emergency call services; and

the National Relay Service.

pay contractors and grant recipients; and

pay eligible administrative costs.

(a) definition of default arrangements;

(b) definition of designated STS area.

remuneration, and other employment-related costs and expenses, in respect of APS employees whose duties relate to the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2; or

any other costs, expenses and other obligations incurred by the Commonwealth in connection with the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2;

amounts incurred under contracts made under section 14; and

amounts incurred by way of grants made under section 14.

the 2014-15 financial year; or

a later financial year.

the 2013-14 financial year; or

a later financial year.

do an act; or

omit to perform an act.

(a) definition of levy credit;

(b) definition of levy debit.

are deaf; or

have a hearing and/or speech impairment;

(a) definition of universal service area;

(b) definition of universal service charge;

(c) definition of universal service contractor;

(d) definition of universal service grant recipient.

are deaf: or

have a hearing and/or speech impairment;

standard telephone services; and

payphones.

standard telephone services; and

payphones; and

emergency call services; and

the National Relay Service.

pay contractors and grant recipients; and

pay eligible administrative costs.

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 Legislative Instruments Act 2003 disallowing the declaration could be passed;

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.

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;

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 Legislative Instruments Act 2003 disallowing the declaration could be passed;

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.

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;

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 Legislative Instruments Act 2003 disallowing the declaration;section 42 of the

(a) the Minister determines under current provider) is the primary universal service provider 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 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 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 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 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.

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;

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;

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;

a contract entered into under section 14; or

a grant made under section 14;

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.

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.

of a contract entered into under section 14; or

set out in an agreement under section 15;

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

the contract was entered into before 1 July 2012; and

(c) the contract was a designated transitional contract within the meaning of the repealed Telecommunications Universal Service Management Agency Act 2012;

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.

a contract entered into under section 14; or

an agreement under section 14.

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 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

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

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.

(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;

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).

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;

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.

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.

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;

the ACMA;

the ACCC;

the Telecommunications Industry Ombudsman;

the Regional Telecommunications Independent Review Committee;

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.

an amount equal to an amount paid to the Commonwealth by way of levy; and

an amount equal to an amount paid to the Commonwealth under a section 14 contract; and

an amount equal to an amount paid to the Commonwealth by way of damages or compensation for a breach of a section 14 contract; and

an amount equal to an amount paid to the Commonwealth by way of the repayment of the whole or a part of a section 14 grant.

to pay amounts payable by the Commonwealth under a contract entered into under section 14;

to make grants under section 14;

to pay the eligible administrative costs of the Commonwealth;

to make distributions in accordance with section 40;

to pay refunds under section 62.

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;

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.

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.

(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.

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.

(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;

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;

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

the levy payable by the person on that amount.

publish a copy of the assessment on the ACMA’s website; and

give a copy of the assessment to the participating person to whom the assessment relates.

the 28th day; or

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

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.

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;

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;

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.

in compliance with the obligations under a contract entered into under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); or

in compliance with the terms and conditions of a grant made under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a).

the provider is a contractor in relation to a contract entered into under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); and

the provider is a grant recipient in relation to a grant made under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); and

in compliance with the obligations under a contract entered into under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); or

in compliance with the terms and conditions of a grant made under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a).

(a) before the transition time, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to an action taken by TUSMA; and

(b) immediately before the transition time, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976;

15 October 2015; or

(b) the end of any further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.

the performance of contractors; and

the performance of grant recipients;

prepare financial statements for TUSMA for the 2014-15 financial year; and

give those statements to the Auditor-General;

prepare an annual performance statement for TUSMA for the 2014-15 financial year; and

include a copy of the annual performance statement in TUSMA’s annual report;

to ensure that levy liabilities relating to:

the 2012-13 financial year; or

the 2013-14 financial year;

to ensure that assessments of eligible revenue for the 2013-14 financial year continue to have effect after the transition time.

this Part; and

the modifications set out in the following table;

an amount equal to the balance (if any) of the Telecommunications Universal Service Special Account immediately before the transition time; and

(b) an amount equal to an amount paid to the Commonwealth after the transition time by way of levy imposed by Telecommunications (Industry Levy) Act 2012.section 6 of the

(a) the notice was given to a carriage service provider under Telecommunications Universal Service Management Agency Act 2012 before the transition time; andsection 29A of the

the carriage service provider had not complied with the notice before the transition time.

a requirement in the notice to give information to TUSMA were a requirement in the notice to give the information to the Secretary; and

a requirement in the notice to produce documents to TUSMA were a requirement to produce the documents to the Secretary; and

a requirement in the notice to produce copies to TUSMA were a requirement to produce the copies to the Secretary; and

a reference in section 29B of that Act to TUSMA were a reference to the Commonwealth; and

a reference in the Secretary; andsection 29C or 29D of that Act to TUSMA were a reference to

that repeal had not happened.

(a) the notice was given to an NBN corporation under Telecommunications Universal Service Management Agency Act 2012 before the transition time; andsection 78 of the

the NBN corporation had not complied with the notice before the transition time.

a requirement in the notice to give information to TUSMA were a requirement in the notice to give the information to the Secretary; and

a requirement in the notice to produce documents to TUSMA were a requirement to produce the documents to the Secretary; and

a requirement in the notice to produce copies to TUSMA were a requirement to produce the copies to the Secretary; and

a reference in section 79 of that Act to TUSMA were a reference to the Commonwealth; and

a reference in the Secretary; andsection 80 or 81 of that Act to TUSMA were a reference to

that repeal had not happened.

(a) was obtained by TUSMA before the transition time under Telecommunications Universal Service Management Agency Act 2012; orsection 29A of the repealed

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

the ACMA;

the ACCC;

the Telecommunications Industry Ombudsman;

the Regional Telecommunications Independent Review Committee.

(a) before the transition time, information was disclosed to a person under subsection 122(1) of the Telecommunications Universal Service Management Agency Act 2012; and

immediately before the transition time, a person was subject to a condition under subsection 122(2) of that Act in relation to the information disclosed;

(a) a notice (the relevant notice) was given under subsection 29G(2) of the repealed Telecommunications Universal Service Management Agency Act 2012 to a carriage service provider before the transition time; and

the notice was in force immediately before the transition time.

the supply is by way of a voice call made using the standard telephone service; and

having regard to:

the way in which the service is advertised or promoted; and

the content of the service;

unless sooner removed from the Do Not Call Register in accordance with a determination under subsection 18(1), remains in force indefinitely.

is supplied using:

a designated radiocommunications facility owned or operated by a carrier or carriage service provider; and

a line that runs directly between the facility and the premises occupied or used by an end-user; and

if an instrument is in force under subsection (5B)—satisfies the conditions set out in the instrument.

the local access line forms part of the infrastructure of:

a public switched telephone network (other than a designated network) that was in existence immediately before the commencement of this subsection (even if it is subsequently extended); or

an integrated services digital network (other than a designated network) that was in existence immediately before the commencement of this subsection (even if it is subsequently extended); or

a telecommunications network specified in an instrument in force under subsection (11); or

the following conditions are satisfied:

the service is a public switched telephone service supplied by a carriage service provider;

the local access line is part of the infrastructure of a designated network (other than a hybrid fibre-coaxial network);

the carriage service provider is in a position to exercise control over the designated network;

such other conditions (if any) as are set out in an instrument in force under subsection (11A); or

the following conditions are satisfied:

the service is an integrated services digital service supplied by a carriage service provider;

the local access line is part of the infrastructure of a designated network (other than a hybrid fibre-coaxial network);

the carriage service provider is in a position to exercise control over the designated network;

such other conditions (if any) as are set out in an instrument in force under subsection (11B); or

the following conditions are satisfied:

(i) the service is a PSTN pass-through service supplied in conjunction with a telecommunications network covered by paragraph (b) of the definition of optical fibre network in subsection (16);

such other conditions (if any) as are set out in an instrument in force under subsection (11C).

an optical fibre network; or

a hybrid fibre-coaxial network; or

a telecommunications network specified in an instrument in force under subsection (15).

the question of whether a carriage service provider is in a position to exercise control over a designated network is to be determined under Division 7 of Part 33; and

in determining that question for a carriage service provider other than Telstra, that Division applies in relation to the carriage service provider in a corresponding way to the way in which that Division applies in relation to Telstra.

conduct a review of whether a determination in force under subsection (1) of this section should be varied or revoked; and

do so at least 2 months before the start of the designated day (within the meaning of section 577A).

a telecommunications network the line component of which consists of optical fibre lines; or

a telecommunications network the line component of which consists of optical fibre lines to connecting nodes, supplemented by either or both of the following:

non-optical-fibre cable connections from the nodes to premises occupied or used by end-users;

non-optical-fibre cable connections from the nodes to main distribution frames, and non-optical-fibre cable connections from main distribution frames to premises occupied or used by end-users.

the declaration specifies a carrier by name; or

the declaration specifies a carriage service provider by name.

the declaration specifies a class of carriers; or

the declaration specifies a class of carriage service providers.

(a) was made under subsection 349(1) of the Telecommunications Act 1997; and

was in force immediately before the commencement of this item.

(a) was made under subsection 349(2) of the Telecommunications Act 1997; and

was in force immediately before the commencement of this item.

the local access line forms part of the infrastructure of:

a public switched telephone network (other than a designated network) that was in existence immediately before the commencement of this item (even if it is subsequently extended); or

an integrated services digital network (other than a designated network) that was in existence immediately before the commencement of this item (even if it is subsequently extended); or

(iii) a telecommunications network specified in an instrument in force under subsection 349(11) of the Telecommunications Act 1997; or

the following conditions are satisfied:

the service is a public switched telephone service supplied by a carriage service provider;

the local access line is part of the infrastructure of a designated network (other than a hybrid fibre-coaxial network);

the carriage service provider is in a position to exercise control over the designated network;

(iv) such other conditions (if any) as are set out in an instrument in force under subsection 349(11A) of the Telecommunications Act 1997; or

the following conditions are satisfied:

the service is an integrated services digital service supplied by a carriage service provider;

the local access line is part of the infrastructure of a designated network (other than a hybrid fibre-coaxial network);

the carriage service provider is in a position to exercise control over the designated network;

(iv) such other conditions (if any) as are set out in an instrument in force under subsection 349(11B) of the Telecommunications Act 1997; or

the following conditions are satisfied:

(i) the service is a PSTN pass-through service supplied in conjunction with a telecommunications network covered by paragraph (b) of the definition of optical fibre network in subsection 349(16) of the Telecommunications Act 1997;

(ii) such other conditions (if any) as are set out in an instrument in force under subsection 349(11C) of the Telecommunications Act 1997.

is supplied using:

a designated radiocommunications facility owned or operated by a carrier or carriage service provider; and

a line that runs directly between the facility and the premises occupied or used by an end-user; and

if an instrument is in force under subitem (4)—satisfies the conditions set out in the instrument.

the declaration specifies a carrier by name; or

the declaration specifies an eligible carriage service provider by name.

the declaration specifies a class of carriers; or

the declaration specifies a class of eligible carriage service providers.