Part 5Other consumer protections in relation to NBN services

Part 5—Other consumer protections in relation to NBN services

21 Circumstances where an NBN CSP must not charge a consumer for an NBN service

(1) Where an NBN CSP supplies a legacy service or an interim service to a consumer in accordance with the requirements under Parts 3 and 4, it must not charge a consumer for their NBN service until it is operational.
(2) An NBN CSP does not contravene subsection (1) if it promptly provides a refund or credit to a consumer for an amount specified in a bill issued to the consumer for their NBN service which was later found to be not operational.

22 Requirements regarding a consumer’s telephone number

(1) Where an NBN CSP supplies a legacy service to a consumer under Part 3, it must ensure that the consumer can continue to use the telephone number previously used for their legacy service at the same address where:
(a) the legacy service supplied to the consumer includes a voice telephony service;
(b) that voice telephony service uses a public number declared to be a portable number under the numbering plan; and
(c) the consumer has rights of use to that telephone number, or had the rights of use to that number immediately prior to disconnection of the legacy service.

(2) Subsection (1) does not apply where a consumer expressly agrees to relinquish their legacy telephone number and the consumer has the rights of use to that number.

23 Requirements where there is unreasonable delay in the supply of an operational NBN service

(1) If, at 23 working days after the NBN CSP becomes aware that:

(a) the migration at the consumer’s premises has been unsuccessful; or

(b) the migration at the consumer’s premises has been successful, but the consumer’s NBN service is not operational,

(the relevant day) and the consumer’s NBN service is still not operational, the NBN CSP must within 2 working days, prepare a plan directed at ensuring that the consumer is provided with an operational NBN service as soon as possible.

(2) Subsection (1) does not apply where:

(a) the NBN CSP has provided the consumer with all of the information referred to in subsection (4) during the period of 23 working days from the occurrence of the events described in either paragraphs (1)(a) or(1)(b), whichever is applicable; and

(b) the information referred to in (a) continues to be accurate at the end of the relevant day.

(3) Where a plan is prepared by an NBN CSP in accordance with the requirement in subsection (1), the NBN CSP must send a copy of the plan to the consumer within 2 working days of its being prepared.

(4) A plan mentioned in subsection (1) must contain the following minimum requirements: