9Universal service obligation

#### 9 Universal service obligation (1) For the purposes of this Act, the universal service obligation is the obligation: (a) to ensure that standard telephone services are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and (b) to ensure that payphones are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business. (2) The obligation mentioned in paragraph (1)(a) includes the obligation to supply standard telephone services to people in Australia on request. (2A) The obligation mentioned in paragraph (1)(b) includes the obligation to supply, install and maintain payphones in Australia. (2AAA) If: (a) the Minister makes a declaration under section 8J that, in the Minister’s opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services; and (b) neither House of the Parliament passes a resolution under section 42 of the Legislation Act 2003 disallowing the declaration; an obligation does not arise under paragraph (1)(a) or subsection (2) of this section after the last day on which such a resolution could have been passed by a House of the Parliament. (2AA) If: (a) the Minister makes a declaration under section 8K that, in the Minister’s opinion, there are satisfactory alternative contractual arrangements relating to payphones; and (b) neither House of the Parliament passes a resolution under section 42 of the Legislation Act 2003 disallowing the declaration; an obligation does not arise under paragraph (1)(b) or subsection (2A) of this section after the last day on which such a resolution could have been passed by a House of the Parliament. (2C) An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to the supply of a standard telephone service to a person on request unless the request complies with the requirements (if any) set out in a determination under subsection (2D). (2D) The Minister may, by legislative instrument, determine requirements for the purposes of subsection (2C). (2E) An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to the supply of a standard telephone service in the circumstances (if any) specified in a determination under subsection (3). (3) The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (2E). (4) An obligation does not arise under paragraph (1)(a) or subsection (2) in relation to particular equipment, goods or services the supply of which is treated under section 9E as the supply of a standard telephone service if the customer concerned requests not to be supplied with the equipment, goods or services. (6) To avoid doubt, an obligation arising under paragraph (1)(a) or subsection (2) in relation to customer equipment requires the customer concerned to be given the option of hiring the equipment.