CTHRepealedAct
Telecommunications Act 1991
190Tariff of basic services
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##### 190 Tariff of basic services
(1) A carrier may give to AUSTEL a written tariff of the carrier’s charges for basic carriage services that complies with this section.
(2) The tariff must be in a form approved by AUSTEL.
(3) The tariff must state the period (in this section called the term of the tariff) for which it is to be in force.
(4) The term must not begin before the third business day after the tariff is given to AUSTEL, or at a time when a previous BCS tariff of the carrier is still in force because its term has not expired or because a revocation of it under section 192 has not taken effect.
(4A) Subsection (4) of this section does not affect the operation of section 238B.
(5) In relation to each kind of basic carriage service that the carrier proposes to offer during the term, the tariff must set out:
(a) a description of the service; and
(b) details of the nature and amounts of the charges payable for the service.
(6) If the charges payable for a particular service vary, in their nature, in their amounts or both, according to any of the matters set out in subsection (7), the tariff must set out, in relation to each matter according to which the charges vary:
(a) details of that matter; and
(b) details of how the charges vary according to that matter.
(7) The following matters are set out for the purposes of subsection (6):
(a) the quantity in which the service is supplied;
(b) the transmission capacity needed to supply the service in particular circumstances;
(c) the place from or to which the service is supplied;
(d) the period for which the service is supplied;
(e) the performance characteristics at which the service is supplied;
(f) the terms and conditions on which the service is supplied;
(g) any other prescribed matter.
(8) The tariff must be precise and detailed enough to be used to work out the nature and amounts of charges payable for the supply of basic carriage services in particular cases.
(9) In preparing the tariff, the carrier must have regard to its obligations under sections 83 and 84.
(10) The tariff must be prepared in such a way that complying with section 197 or 198 in relation to the tariff will not result in a contravention of section 183 or 184.
(11) The tariff may set out, in relation to a kind, or each of 2 or more kinds, of higher level service that the carrier proposes to offer during the term of the tariff:
(a) a description of the service; and
(b) details of the nature and amounts of the charges payable for the service.
(12) The tariff may set out, or may be accompanied by a document setting out, other terms and conditions on which the carrier proposes to supply services described in the tariff.
(13) If the tariff is accompanied by a document of a kind referred to in subsection (12), the document is taken to be part of the tariff.