12ECPerformance benchmarks—standard telephone service

#### 12EC Performance benchmarks—standard telephone service Determination (1) The Minister may make a written determination setting out standards to be complied with by a primary universal service provider in relation to any or all of the following matters: (a) the terms and conditions of the supply of a standard telephone service to a customer, other than price‑related terms and conditions; (b) the reliability of a standard telephone service supplied to a customer; (c) the supply of a temporary standard telephone service to a customer; (d) the maximum period within which a primary universal service provider must supply a standard telephone service following the making of a request by a prospective customer; (e) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a standard telephone service following the making of a report by a customer about the fault or service difficulty; (f) any other matter concerning the supply, or proposed supply, of a standard telephone service to a customer or prospective customer. (2) A determination under subsection (1) may be of general application or may be limited as provided in the instrument. (3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Determination is a legislative instrument (5) A determination under subsection (1) is a legislative instrument. Performance benchmarks (6) The Minister may, by legislative instrument, set minimum benchmarks in relation to compliance by a primary universal service provider with a standard in force under subsection (1). (7) An instrument under subsection (6) may be of general application or may be limited as provided in the instrument. (8) Subsection (7) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Provider must meet or exceed minimum benchmarks (9) A primary universal service provider must meet or exceed a minimum benchmark set by an instrument under subsection (6). Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a breach of a standard (10) Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1). > Note: Clause 1 of Schedule 1 to the Telecommunications Act 1997 requires carriers to comply with this Act. Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a breach of a standard (11) Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1). > Note: Clause 1 of Schedule 2 to the Telecommunications Act 1997 requires carriage service providers to comply with this Act.