Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 98.
Part 1 -- Compliance with this Act
(1) A service provider must comply with this Act.
(2) In this clause:
"this Act" includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act and Chapter 5 of the Telecommunications (Interception and Access) Act 1979 .
The following is a simplified outline of this Part:
• Certain operator services must be provided to end - users of standard telephone services.
This Part applies to the following operator services:
(a) services for dealing with faults and service difficulties;
(b) services of a kind specified in the regulations.
4 Operator services must be provided to end - users of a standard telephone service
(1) A carriage service provider who supplies a standard telephone service must make operator services available to each end - user of that standard telephone service.
(2) The provider may do this by:
(a) providing the operator services itself; or
(b) arranging with another person for the provision of the operator services.
5 Access to end - users of other carriage service providers
(1) If:
(a) a carriage service provider (the first provider ) who supplies a standard telephone service itself provides a particular kind of operator services to end - users of its standard telephone service; and
(b) another carriage service provider (the second provider ) who supplies a standard telephone service does not itself provide that kind of operator services to particular end - users of its standard telephone service; and
(c) the second provider requests the first provider to enter into an agreement for the first provider to provide that kind of operator services to those end - users of the second provider's standard telephone service;
the first provider must comply with the request.
(2) The operator services are to be provided to the end - users of the second provider's standard telephone service in accordance with the request and on such terms and conditions as are:
(a) agreed between the first provider and the second provider; or
(b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the conduct of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this clause, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
Part 3 -- Directory assistance services
The following is a simplified outline of this Part:
• Directory assistance services must be made available to end - users of standard telephone services.
7 Directory assistance services must be provided to end - users
(1) A carriage service provider who supplies a standard telephone service must make directory assistance services available to each end - user of the service.
(2) The provider may do this by:
(a) providing the directory assistance services itself; or
(b) arranging with another person for the provision of the directory assistance services.
8 Access by end - users of other carriage service providers
(1) If:
(a) a carriage service provider (the first provider ) who supplies a standard telephone service itself provides directory assistance services to end - users of its standard telephone service; and
(b) another carriage service provider (the second provider ) who supplies a standard telephone service does not itself provide directory assistance services to particular end - users of its standard telephone service; and
(c) the second provider requests the first provider to enter into an agreement for the first provider to provide directory assistance services to those end - users of the second provider's standard telephone service;
the first provider must comply with the request.
(2) The directory assistance services are to be provided to the end - users of the second provider's standard telephone service in accordance with the request and on such terms and conditions as are:
(a) agreed between the first provider and the second provider; or
(b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the conduct of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this clause, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
Part 4 -- Integrated public number database
The following is a simplified outline of this Part:
• If a person or association is under an obligation to provide and maintain an integrated public number database, carriage service providers must give the person or association information in connection with the fulfilment of that obligation.
10 Carriage service providers must give information to Telstra Limited
(1) This clause applies if Telstra Limited is obliged by a condition of a carrier licence to provide and maintain an integrated public number database.
(2) If:
(a) a carriage service provider supplies a carriage service to an end - user; and
(b) the end - user has a public number;
the carriage service provider must give Telstra Limited such information as Telstra Limited reasonably requires in connection with Telstra Limited's fulfilment of that obligation.
(3) In this clause:
"number" has the same meaning as in Division 2 of Part 22.
"public number" means a number specified for use in connection with the supply of carriage services to the public in Australia (within the meaning of subsection 456(2)).
11 Carriage service providers must give information to another person or association
(1) This clause applies if a person or association is obliged by section 472 to provide and maintain an integrated public number database.
(2) If:
(a) a carriage service provider supplies a carriage service to an end - user; and
(b) the end - user has a public number;
the carriage service provider must give the person or association such information as the person or association reasonably requires in connection with the person's or association's fulfilment of that obligation.
(3) In this clause:
"number" has the same meaning as in Division 2 of Part 22.
"public number" means a number specified for use in connection with the supply of carriage services to the public in Australia (within the meaning of subsection 456(2)).
The following is a simplified outline of this Part:
• A carriage service provider who supplies a standard telephone service must provide itemised billing for each of its customers of such a service.
(1) This clause applies to a carriage service provider who supplies a standard telephone service.
(2) The provider must provide itemised billing for calls made using such a service. The provider may do this by:
(a) providing the itemised billing itself; or
(b) arranging with another person for the provision of the itemised billing.
(3) The rule set out in subclause (2) does not apply in relation to calls made using a particular service if the customer chooses not to have itemised billing for calls made using that service.
(4) The rule set out in subclause (2) does not apply to designated local calls unless the customer requests the provider to provide itemised billing in relation to those calls.
(5) For the purposes of the application of this clause to a carriage service provider who supplies a standard telephone service to a customer, a designated local call is a call that:
(a) is made using that service; and
(b) is made between points in the applicable zone in relation to the provider and in relation to the customer; and
(c) is not an exempt call (as defined by subclause (6)).
(6) For the purposes of subclause (5), a call is an exempt call if:
(a) the call involves the use of a public mobile telecommunications service (whether by the party who originated the call or by any other party to the call); or
(b) the call involves the use of a satellite service.
(7) A reference in this clause to the applicable zone is a reference to the applicable zone for the purposes of Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .
(8) For the purposes of this clause, a call is regarded as an untimed local call if, and only if, the call is an eligible local call for the purposes of Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .
(9) In this clause:
"itemised billing" , in relation to calls of a particular kind, means the provision to a customer of a bill that:
(a) if there is in force a written determination made by the ACMA relating to that kind of service--shows such details as are specified in the determination; or
(b) in any other case--shows, for each call of that kind that is not regarded as an untimed local call, the following details:
(i) the date on which the call was made;
(ii) the number to which the call was made;
(iii) the duration of the call;
(iv) the charge applicable to the call;
and complies with a determination in force under clause 15.
"satellite service" means a carriage service, where customer equipment used in connection with the supply of the service communicates directly with a satellite - based facility.
(10) A determination under paragraph (a) of the definition of itemised billing in subclause (9) is a legislative instrument.
14 Exemptions from itemised billing requirements
(1) The ACMA may, by notice in the Gazette , declare that a specified carriage service provider is exempt from the requirement set out in subclause 13(2) in so far as that requirement applies in relation to specified customers. The declaration has effect accordingly.
Note: Providers or customers may be specified by name, by inclusion in a particular class or in any other way.
(2) In deciding whether a provider should be exempt from the requirement set out in subclause 13(2), the ACMA must have regard to:
(a) the technical feasibility of complying with the requirement set out in that subclause; and
(b) any plans by the provider to install a capability to provide itemised billing to those customers.
(3) Subclause (2) does not, by implication, limit the matters to which the ACMA may have regard.
15 Details that are not to be specified in an itemised bill
(1) The ACMA may, by written instrument, determine that specified details must not be shown in an itemised bill provided by a carriage service provider to a customer.
(2) In making a determination under subclause (1), the ACMA must have regard to the Australian Privacy Principles. This subclause does not, by implication, limit the matters to which the ACMA is to have regard.
(3) A carriage service provider must comply with a determination under subclause (1).
The following is a simplified outline of this Part:
• This Part deals with priority assistance for people with life - threatening medical conditions.
• A carriage service provider must comply with the priority assistance industry code.
• If a carriage service provider receives an inquiry from a prospective residential customer about the supply of a standard telephone service, and the provider does not offer priority assistance, the provider must:
(a) inform the prospective residential customer that the provider does not offer priority assistance in connection with the service; and
(b) inform the prospective residential customer of the names of one or more carriage service providers from whom the prospective residential customer can obtain priority assistance.
17 Priority assistance industry code
For the purposes of this Part, the priority assistance industry code is:
(a) the code that is:
(i) entitled Priority Assistance for Life Threatening Medical Conditions ; and
(ii) registered under Part 6; or
(b) if that code is replaced by another code registered under Part 6--the replacement code.
18 Compliance with the priority assistance industry code
A carriage service provider must comply with the priority assistance industry code to the extent (if any) to which the code is applicable to the provider.
Scope
(1) This clause applies to a carriage service provider if:
(a) the provider receives an inquiry from a prospective residential customer about the supply of a standard telephone service; and
(b) the provider does not offer priority assistance in connection with the service.
Requirement
(2) The provider must:
(a) inform the prospective residential customer that the provider does not offer priority assistance in connection with the service; and
(b) inform the prospective residential customer of the names of one or more carriage service providers from whom the prospective residential customer can obtain priority assistance in connection with a standard telephone service.
(3) In this clause:
"priority assistance" has the same meaning as in the priority assistance industry code.
20 Requirements for Telstra Limited and Telstra
(1) This Part does not impose a requirement on Telstra Limited if:
(a) Telstra Limited holds a carrier licence; and
(b) the carrier licence is subject to one or more conditions about priority assistance obligations.
(2) This Part is taken not to have imposed a requirement on Telstra at a time before the commencement of this clause if section 12 of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 was in force at that time.
Note: Section
12 of the Telecommunications (Carrier Licence Conditions - Telstra
Corporation Limited) Declaration 2019 was about Telstra's priority
assistance obligations.