CTHIn ForceAct
Telecommunications (Consumer Protection and Service Standards) Act 1999
102ZFReport about the number of premises supplied with designated broadband services during the applicable reporting period
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#### 102ZF Report about the number of premises supplied with designated broadband services during the applicable reporting period
Reportable premises
(1) For the purposes of this section, if:
(a) a person is a carrier; and
(b) during a period comprising the whole or a part of the applicable reporting period, either:
(i) the person owns a local access line, but there is no nominated carrier declaration in force in relation to the line; or
(ii) under a nominated carrier declaration, the person is the nominated carrier in relation to a local access line; and
(c) during the whole or a part of the period, a carriage service provider (who may be the person) supplies a designated broadband service to particular premises in Australia using the line;
the premises are reportable premises in relation to the person for the applicable reporting period.
> Note: The line does not need to be physically connected to the premises. This is because using has an extended meaning—see subsection 5(1) of this Act and section 24 of the Telecommunications Act 1997 (when read together with section 18A of the Acts Interpretation Act 1901).
Report
(2) If:
(a) a person is a carrier; and
(b) there are one or more reportable premises in relation to the person for the applicable reporting period;
the person must:
(c) give the ACCC a written report setting out:
(i) the number of those premises; and
(ii) the number of potentially chargeable premises (if any) in relation to the person for the applicable reporting period (assuming paragraph 79(a) referred to 1 July 2019 instead of the designated start date); and
(iii) the number of chargeable premises (if any) associated with a local access line of the person for the applicable reporting period (assuming paragraph 79(a) referred to 1 July 2019 instead of the designated start date); and
(iv) the number of exempt premises (if any) in relation to the person for the applicable reporting period (assuming paragraph 79(a) referred to 1 July 2019 instead of the designated start date); and
(v) the number of exempt lines (if any) in relation to the person for the applicable reporting period (assuming paragraph 79(a) referred to 1 July 2019 instead of the designated start date); and
(vi) the number of potentially concessional premises (if any) in relation to the person for the applicable reporting period (assuming paragraph 79(a) referred to 1 July 2019 instead of the designated start date); and
(vii) the number of recently connected greenfield premises (if any) in relation to the person for the applicable reporting period (assuming paragraph 79(a) referred to 1 July 2019 instead of the designated start date); and
(d) do so within 60 days after the commencement of this section.
(3) The report must be in a form approved, in writing, by the ACCC.
(4) The approved form may require verification, by a statutory declaration, of statements made in the report.
(4A) If, at any time during the applicable reporting period, the person had an associate in relation to control of:
(a) a telecommunications network; or
(b) a company; or
(c) a local access line;
the report must:
(d) set out the name of the associate; and
(e) set out the ACN (if any) of the associate; and
(f) 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.
Offence of failing to lodge report
(5) A person commits a strict liability offence if:
(a) the person is subject to a requirement under subsection (2) or (4A); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
(6) A person who contravenes subsection (5) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
Applicable reporting period
(7) For the purposes of this section, applicable reporting period means the month immediately preceding the month in which this section commenced.