Part 1
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Commonwealth act
This law guarantees Australians universal access to basic phone services (including payphones), emergency calling (000) and equivalent communications for people with hearing or speech impairment, while placing obligations and oversight on telecoms. Telstra is treated as the default provider unless the government contracts otherwise, and the government funds services through contracts and an industry levy. It matters to everyday users in remote areas, people with disabilities, and anyone seeking dispute resolution or protection when payphones or emergency services are at risk.
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Direct links to the current provisions in Telecommunications (Consumer Protection and Service Standards) Act 1999.
This Act may be cited as the Telecommunications (Consumer Protection and Service Standards) Act 1999.
This Act commences on the 28th day after the day on which it receives the Royal Assent.
The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 3 (objects); (b) section 4 (regulatory policy).
The following is a simplified outline of this Act:
• A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:
(a) standard telephone services; and
(b) payphones.
• The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements.
• The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services.
• Public interest telecommunication services include:
(a) standard telephone services; and
(b) payphones; and
(c) emergency call services; and
(d) the National Relay Service.
• The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012.
• The proceeds of the levy will be used to:
(a) pay contractors and grant recipients; and
(b) pay eligible administrative costs.
• The Secretary is responsible for entering into contracts, and making grants, relating to:
(a) fixed wireless broadband; and
(b) satellite broadband.
• The ACMA will assess and collect the charge imposed on carriers by the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
• The proceeds of the charge will be used to:
(a) pay contractors and grant recipients; and
(b) offset designated administrative costs.
• Local calls are to be charged for on an untimed basis.
• The ACMA may make performance standards to be complied with by carriage service providers in relation to customer service.
• Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme.
• The ACMA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services.
• The ACMA may also give ECS directions that require information to be provided and certain action to be taken in relation to emergency call services.
• The Triple Zero Custodian has functions relating to emergency call services, and may request the ACMA to give an ECS direction.
• Designated Telstra successor companies are subject to price control arrangements.
(1) Unless the contrary intention appears, expressions used in this Act and in the Telecommunications Act 1997 have the same meaning in this Act as they have in that Act. (2) In this Act:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to a particular financial year.
Custodian means the Triple Zero Custodian established under section 151J.
data call has the meaning generally accepted within the telecommunications industry.
ECS direction means a direction in force under section 151A.
ECS information has the meaning given by subsection 151F(1).
ECS matter has the meaning given by subsection 151A(1).
ECS outage event has the meaning given by subsection 151A(4).
eligible administrative costs of the Commonwealth means:
(a) remuneration, and other employment‑related costs and expenses, in respect of APS employees whose duties relate to the following (the eligible matters):
(i) the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2 (public interest telecommunications service contracts and grants);
(ii) the performance of the Custodian’s functions, or the exercise of the Custodian’s powers, under Divisions 3, 4, 5 and 6 of Part 8 (Triple Zero Custodian); or
(b) any other costs, expenses and other obligations incurred by the Commonwealth in connection with the eligible matters;
but does not include: (c) amounts incurred under contracts made under section 14; and (d) amounts incurred by way of grants made under section 14.
eligible levy period means:
(a) the 2014‑15 financial year; or
(b) a later financial year.
eligible revenue for an eligible levy period has the meaning given by section 45.
eligible revenue period means:
(a) the 2013‑14 financial year; or
(b) a later financial year.
eligible revenue return means a return under section 43.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
levy means levy imposed by section 4C of the Telecommunications (Industry Levy) Act 2012.
levy amount has the meaning given by section 50.
levy contribution factor has the meaning given by section 49.
national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.
National Relay Service means a service that provides persons who:
(a) are deaf; or
(b) have a hearing and/or speech impairment;
with access to a standard telephone service on terms, and in circumstances, that are comparable to those on which other Australians have access to a standard telephone service.
NBN Co has the same meaning as in the National Broadband Network Companies Act 2011.
overall levy target amount has the meaning given by section 41.
participating person for an eligible revenue period has the meaning given by section 44.
payphone carriage service means a carriage service supplied by means of a payphone.
price‑related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
primary universal service provider has the meaning given by section 12A.
Public Interest Telecommunications Services Special Account means the Public Interest Telecommunications Services Special Account established by section 37.
RTIRC means the Regional Telecommunications Independent Review Committee established by section 158R.
RTIRC Chair means the Chair of the Regional Telecommunications Independent Review Committee.
RTIRC member means a member of the Regional Telecommunications Independent Review Committee, and includes the RTIRC Chair.
Secretary means the Secretary of the Department.
service obligation has the meaning given by section 9B.
SMS relay service means a service that allows users of the National Relay Service to communicate using SMS.
Note: SMS is short for short message service.
standard telephone service has the meaning given by section 6.
Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.
Telecommunications Industry Ombudsman scheme means the scheme referred to in section 128.
this Act includes the regulations.
universal service obligation has the meaning given by section 9.
universal service provider means a primary universal service provider.
video relay service means a service that allows persons who:
(a) are deaf: or
(b) have a hearing and/or speech impairment;
to communicate with other persons using video as well as voice.
(1) A reference in a particular provision of this Act to a standard telephone service is a reference to a carriage service for each of the following purposes: (a) the purpose of voice telephony; (b) if: (i) voice telephony is not practical for a particular end‑user with a disability (for example, because the user is deaf or has a hearing and/or speech impairment); and (ii) another form of communication that is equivalent to voice telephony (for example, communication by means of a device that enables text‑based communication) would be required to be supplied to the end‑user in order to comply with the Disability Discrimination Act 1992; the purpose of that form of communication; (c) a purpose declared by the regulations to be a designated purpose for the purposes of that provision; where: (d) the service passes the connectivity test set out in subsection (2); and (e) to the extent that the service is for the purpose referred to in paragraph (a)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and (f) to the extent that the service is for the purpose referred to in paragraph (b)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and (g) to the extent that the service is for a particular purpose referred to in paragraph (c)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision. (2) A service passes the connectivity test if an end‑user supplied with the service for a purpose mentioned in paragraph (1)(a), (b) or (c) is ordinarily able to communicate, by means of the service, with each other end‑user who is supplied with the same service for the same purpose, whether or not the end‑users are connected to the same telecommunications network. (3) The following are examples of purposes that could be declared by regulations made for the purposes of paragraph (1)(c): (a) the purpose of the carriage of data; (b) the purpose of tone signalling. (4) In making a recommendation to the Governor‑General at a particular time about the making of regulations for the purposes of paragraph (1)(c), the Minister must have regard to the following matters: (a) whether a carriage service for the purpose proposed to be declared by the regulations can be supplied using the same infrastructure as is, at that time, being used by universal service providers, contractors or grant recipients to supply a standard telephone service for the purpose referred to in paragraph (1)(a); (b) such other matters (if any) as the Minister considers relevant. (5) This section does not prevent a characteristic declared by regulations made for the purposes of paragraph (1)(e), (f) or (g) from being a performance characteristic. (6) In this section:
this Act includes the Telecommunications Act 1997.
The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 8 (Crown to be bound); (b) section 9 (extra‑territorial application); (c) section 10 (extension to external Territories); (d) section 11 (extension to offshore areas); (e) section 12 (Act subject to Radiocommunications Act); (f) section 13 (continuity of partnerships).
Chapter 2 of the Criminal Code (except for Part 2.5) applies to all offences against this Act.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For criminal liability of corporations under this Act, see sections 574A and 575 of the Telecommunications Act 1997.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Telecommunications (Consumer Protection and Service Standards) Act 1999.
This Act commences on the 28th day after the day on which it receives the Royal Assent.
The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 3 (objects); (b) section 4 (regulatory policy).
The following is a simplified outline of this Act:
• A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:
(a) standard telephone services; and
(b) payphones.
• The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements.
• The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services.
• Public interest telecommunication services include:
(a) standard telephone services; and
(b) payphones; and
(c) emergency call services; and
(d) the National Relay Service.
• The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012.
• The proceeds of the levy will be used to:
(a) pay contractors and grant recipients; and
(b) pay eligible administrative costs.
• The Secretary is responsible for entering into contracts, and making grants, relating to:
(a) fixed wireless broadband; and
(b) satellite broadband.
• The ACMA will assess and collect the charge imposed on carriers by the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
• The proceeds of the charge will be used to:
(a) pay contractors and grant recipients; and
(b) offset designated administrative costs.
• Local calls are to be charged for on an untimed basis.
• The ACMA may make performance standards to be complied with by carriage service providers in relation to customer service.
• Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme.
• The ACMA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services.
• The ACMA may also give ECS directions that require information to be provided and certain action to be taken in relation to emergency call services.
• The Triple Zero Custodian has functions relating to emergency call services, and may request the ACMA to give an ECS direction.
• Designated Telstra successor companies are subject to price control arrangements.
(1) Unless the contrary intention appears, expressions used in this Act and in the Telecommunications Act 1997 have the same meaning in this Act as they have in that Act. (2) In this Act:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to a particular financial year.
Custodian means the Triple Zero Custodian established under section 151J.
data call has the meaning generally accepted within the telecommunications industry.
ECS direction means a direction in force under section 151A.
ECS information has the meaning given by subsection 151F(1).
ECS matter has the meaning given by subsection 151A(1).
ECS outage event has the meaning given by subsection 151A(4).
eligible administrative costs of the Commonwealth means:
(a) remuneration, and other employment‑related costs and expenses, in respect of APS employees whose duties relate to the following (the eligible matters):
(i) the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2 (public interest telecommunications service contracts and grants);
(ii) the performance of the Custodian’s functions, or the exercise of the Custodian’s powers, under Divisions 3, 4, 5 and 6 of Part 8 (Triple Zero Custodian); or
(b) any other costs, expenses and other obligations incurred by the Commonwealth in connection with the eligible matters;
but does not include: (c) amounts incurred under contracts made under section 14; and (d) amounts incurred by way of grants made under section 14.
eligible levy period means:
(a) the 2014‑15 financial year; or
(b) a later financial year.
eligible revenue for an eligible levy period has the meaning given by section 45.
eligible revenue period means:
(a) the 2013‑14 financial year; or
(b) a later financial year.
eligible revenue return means a return under section 43.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
levy means levy imposed by section 4C of the Telecommunications (Industry Levy) Act 2012.
levy amount has the meaning given by section 50.
levy contribution factor has the meaning given by section 49.
national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.
National Relay Service means a service that provides persons who:
(a) are deaf; or
(b) have a hearing and/or speech impairment;
with access to a standard telephone service on terms, and in circumstances, that are comparable to those on which other Australians have access to a standard telephone service.
NBN Co has the same meaning as in the National Broadband Network Companies Act 2011.
overall levy target amount has the meaning given by section 41.
participating person for an eligible revenue period has the meaning given by section 44.
payphone carriage service means a carriage service supplied by means of a payphone.
price‑related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
primary universal service provider has the meaning given by section 12A.
Public Interest Telecommunications Services Special Account means the Public Interest Telecommunications Services Special Account established by section 37.
RTIRC means the Regional Telecommunications Independent Review Committee established by section 158R.
RTIRC Chair means the Chair of the Regional Telecommunications Independent Review Committee.
RTIRC member means a member of the Regional Telecommunications Independent Review Committee, and includes the RTIRC Chair.
Secretary means the Secretary of the Department.
service obligation has the meaning given by section 9B.
SMS relay service means a service that allows users of the National Relay Service to communicate using SMS.
Note: SMS is short for short message service.
standard telephone service has the meaning given by section 6.
Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.
Telecommunications Industry Ombudsman scheme means the scheme referred to in section 128.
this Act includes the regulations.
universal service obligation has the meaning given by section 9.
universal service provider means a primary universal service provider.
video relay service means a service that allows persons who:
(a) are deaf: or
(b) have a hearing and/or speech impairment;
to communicate with other persons using video as well as voice.
(1) A reference in a particular provision of this Act to a standard telephone service is a reference to a carriage service for each of the following purposes: (a) the purpose of voice telephony; (b) if: (i) voice telephony is not practical for a particular end‑user with a disability (for example, because the user is deaf or has a hearing and/or speech impairment); and (ii) another form of communication that is equivalent to voice telephony (for example, communication by means of a device that enables text‑based communication) would be required to be supplied to the end‑user in order to comply with the Disability Discrimination Act 1992; the purpose of that form of communication; (c) a purpose declared by the regulations to be a designated purpose for the purposes of that provision; where: (d) the service passes the connectivity test set out in subsection (2); and (e) to the extent that the service is for the purpose referred to in paragraph (a)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and (f) to the extent that the service is for the purpose referred to in paragraph (b)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and (g) to the extent that the service is for a particular purpose referred to in paragraph (c)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision. (2) A service passes the connectivity test if an end‑user supplied with the service for a purpose mentioned in paragraph (1)(a), (b) or (c) is ordinarily able to communicate, by means of the service, with each other end‑user who is supplied with the same service for the same purpose, whether or not the end‑users are connected to the same telecommunications network. (3) The following are examples of purposes that could be declared by regulations made for the purposes of paragraph (1)(c): (a) the purpose of the carriage of data; (b) the purpose of tone signalling. (4) In making a recommendation to the Governor‑General at a particular time about the making of regulations for the purposes of paragraph (1)(c), the Minister must have regard to the following matters: (a) whether a carriage service for the purpose proposed to be declared by the regulations can be supplied using the same infrastructure as is, at that time, being used by universal service providers, contractors or grant recipients to supply a standard telephone service for the purpose referred to in paragraph (1)(a); (b) such other matters (if any) as the Minister considers relevant. (5) This section does not prevent a characteristic declared by regulations made for the purposes of paragraph (1)(e), (f) or (g) from being a performance characteristic. (6) In this section:
this Act includes the Telecommunications Act 1997.
The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 8 (Crown to be bound); (b) section 9 (extra‑territorial application); (c) section 10 (extension to external Territories); (d) section 11 (extension to offshore areas); (e) section 12 (Act subject to Radiocommunications Act); (f) section 13 (continuity of partnerships).
Chapter 2 of the Criminal Code (except for Part 2.5) applies to all offences against this Act.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For criminal liability of corporations under this Act, see sections 574A and 575 of the Telecommunications Act 1997.
An Act about telecommunications, and for related purposes
This Act may be cited as the Telecommunications (Consumer Protection and Service Standards) Act 1999.
This Act commences on the 28th day after the day on which it receives the Royal Assent.
The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act: (a) section 3 (objects); (b) section 4 (regulatory policy).
The following is a simplified outline of this Act:
• A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:
(a) standard telephone services; and
(b) payphones.
• The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements.
• The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services.
• Public interest telecommunication services include:
(a) standard telephone services; and
(b) payphones; and
(c) emergency call services; and
(d) the National Relay Service.
• The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012.
• The proceeds of the levy will be used to:
(a) pay contractors and grant recipients; and
(b) pay eligible administrative costs.
• The Secretary is responsible for entering into contracts, and making grants, relating to:
(a) fixed wireless broadband; and
(b) satellite broadband.
• The ACMA will assess and collect the charge imposed on carriers by the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
• The proceeds of the charge will be used to:
(a) pay contractors and grant recipients; and
(b) offset designated administrative costs.
• Local calls are to be charged for on an untimed basis.
• The ACMA may make performance standards to be complied with by carriage service providers in relation to customer service.
• Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme.
• The ACMA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services.
• The ACMA may also give ECS directions that require information to be provided and certain action to be taken in relation to emergency call services.
• The Triple Zero Custodian has functions relating to emergency call services, and may request the ACMA to give an ECS direction.
• Designated Telstra successor companies are subject to price control arrangements.
(1) Unless the contrary intention appears, expressions used in this Act and in the Telecommunications Act 1997 have the same meaning in this Act as they have in that Act. (2) In this Act:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to a particular financial year.
Custodian means the Triple Zero Custodian established under section 151J.
data call has the meaning generally accepted within the telecommunications industry.
ECS direction means a direction in force under section 151A.
ECS information has the meaning given by subsection 151F(1).
ECS matter has the meaning given by subsection 151A(1).
ECS outage event has the meaning given by subsection 151A(4).
eligible administrative costs of the Commonwealth means:
(a) remuneration, and other employment‑related costs and expenses, in respect of APS employees whose duties relate to the following (the eligible matters):
(i) the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2 (public interest telecommunications service contracts and grants);
(ii) the performance of the Custodian’s
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