Telecommunications (NBN Consumer Information) Industry Standard 2018
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This is a compilation of the Telecommunications (NBN Consumer Information) Industry Standard 2018 that shows the text of the law as amended and in force on 1 April 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1—Preliminary
1 Name
This is the Telecommunications (NBN Consumer Information) Industry Standard 2018.
3 Authority
This industry standard is determined under subsection 125AA(1) of the Telecommunications Act 1997 and in accordance with sections 5 and 6 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017.
Note: The Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017 was given to the ACMA by the Minister under subsection 125AA(4) of the Act.
4 Application of industry standard
For the purpose of subsection 125AA(1) of the Act:
(a) this industry standard applies to the section of the telecommunications industry consisting of retail carriage service providers; and
(b) the content of this industry standard deals with information and advice that retail carriage service providers must provide to consumers, to help consumers make informed decisions about NBN services, prior to entering into a contract with the retail carriage service provider for the supply of those services.
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5 Definitions
In this industry standard:
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications Act 1997.
advertising material means any promotional or marketing material that is distributed by any means about a retail carriage service provider’s NBN services.
Broadband Speed Claims: Industry Guidance means the ACCC’s Broadband Speed Claims: Industry Guidance, which is published on its website: [www.accc.gov.au](http://www.accc.gov.au).
busy period means the times between 7 pm and 11 pm in the place where an NBN broadband service is being supplied to a consumer under an NBN consumer plan.
consumer means:
(a) an individual who acquires or may acquire an NBN service provided for the primary purpose of personal or domestic use and not for resale; or
(b) a business or non-profit organisation which acquires or may acquire one or more NBN services which are not for resale and which, at the time it enters into the consumer contract:
(i) does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and
(ii) has or will have an annual spend with the retail carriage service provider which is, or is estimated on reasonable grounds by the retail carriage service provider to be, no greater than $40,000.
A reference to a consumer includes a reference to the consumer’s representative.
consumer contract means an arrangement or agreement between a retail carriage service provider and a consumer for the supply of an NBN service under an NBN consumer plan to that consumer and includes a standard form of agreement formulated by a retail carriage service provider for the purposes of section 479 of the Act.
fibre to the building connection or FTTB means a connection used by NBN Co to facilitate the supply of an NBN service in a multi-dwelling unit, such as an apartment block or building of a similar type.
fibre to the curb connection or FTTC means a connection used by NBN Co to facilitate the supply of an NBN service where the connection between the distribution point unit and the network termination device uses a copper line that is owned or controlled by, or operated by or on behalf of, NBN Co and carries communications using very high speed digital subscriber line 2 (VDSL2) technology or successor technologies, to a premises.
fibre to the node connection or FTTN means a connection used by NBN Co to facilitate the supply of an NBN service where an existing copper network is used to make the final part of an NBN connection, from a nearby cabinet or micro-node to a premises.
fibre to the premises or FTTP means a connection used by NBN Co to supply an NBN service where an optic fibre line is run from the nearest available fibre node to the premises.
fixed line NBN connection means a connection used to supply an NBN service to a consumer using FTTB, FTTC, FTTN, FTTP or HFC.
Hybrid Fibre Coaxial or HFC means a connection used by NBN Co to supply an NBN service where the existing pay TV or cable network is used to make the final part of the NBN connection.
key facts sheet means the information prepared by a retail carriage service provider in accordance with subsection 7(1).
medical alarm service means an unmonitored or monitored medical alarm service that is delivered using a listed carriage service.
minimum requirements for information means the requirements for the provision of information specified in Division 2 of Part 2.
national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.
NBN means the national broadband network.
NBN broadband service means a broadband carriage service supplied using the NBN, but does not include an NBN voice service.
NBN Co means NBN Co Limited (ACN 136 533 741) (even if its name is later changed).
NBN consumer plan means a plan for NBN services offered by a retail carriage service provider to consumers.
NBN service means a carriage service supplied using the NBN and includes an NBN broadband service, or an NBN voice service, or both.
NBN voice service means a voice telephony service supplied using the NBN, but does not include a public mobile telecommunications service or an NBN broadband service.
off-peak period means the times after 11 pm and before 7 pm the next day in the place where an NBN broadband service is being supplied to a consumer under an NBN consumer plan.
record means any information recorded, or information stored by means of a computer, and includes a document.
retail carriage service provider means a carriage service provider that supplies NBN services directly to consumers.
security alarm service means a monitored or back-to-base security alarm service that is delivered using a listed carriage service.
Note: small business NBN consumer plan means an NBN consumer plan that is offered by a retail carriage service provider on the basis that the service will be used for business purposes, but not for the purposes of resale, by consumers.
Note: small online advertising means online advertising material in the form of an online strip, banner, title advertising material or pop-up display window.
Note: speed tier means the maximum download and upload wholesale access speed of an NBN broadband service measured in megabits per second (Mbps), that NBN Co provides, and is used by retail carriage service providers to create NBN consumer plans, including the following speed tiers:
Note: (a) NBN broadband service - speed tier 12/1 (Mbps);
Note: (b) NBN broadband service - speed tier 25/5 (Mbps);
Note: (c) NBN broadband service - speed tier 50/20 (Mbps);
Note: (d) NBN broadband service - speed tier 100/40 (Mbps); and
Note: (e) any other NBN broadband speed tier that is, or becomes, available.
standard work hours means the hours between 9 am and 5 pm on a working day.
typical busy period download speed means the download speed, expressed as a single number in megabits per second (Mbps), that an NBN broadband service, that is supplied under an NBN consumer plan, typically delivers each hour during the busy period or during standard work hours to a modem located in the consumer’s premises from the location in a data centre at which most frequently accessed internet content is hosted.
working day means a day that is not a Saturday, Sunday or gazetted public holiday in the location of the retail carriage service provider’s principal place of business.
Note: A number of other expressions used in this industry standard are defined in the Act, including ACCC, carriage service, carriage service provider, communications, listed carriage service and public mobile telecommunications service.
6 References to other instruments
In this industry standard, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; section 589 of the Act, and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: For references to instruments that are not legislative instruments, see section 589 of the Act.
Note 3: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.