These Rules are made under section 529 of the Telecommunications Act 1997.
4 Definitions
(1) In these Rules, unless the contrary intention appears:
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
applicable payphone has the meaning given in section 5.
audit report means a report that includes the items specified in subsection 16(4).
compliance report means a report under section 11.
maximum rectification period has the meaning given in section 6.
nominated area means Australia.
payphone has the meaning given by section 9C of the TCPSS Act.
payphone carriage service has the meaning given by subsection 5(2) of the TCPSS Act.
Payphones Determination means the Telecommunications (Payphones) Determination 2022.
primary universal service provider has the meaning given by section 12A of the TCPSS Act.
rectification period means the period taken to rectify a fault or service difficulty relating to a payphone or payphone carriage service, excluding any period during which the primary universal service provider was not required to comply with a payphone benchmark standard in relation to the fault or service difficulty because of an exemption under paragraph 12(1)(a) or 12(1)(b) of the Payphones Determination.
TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Telecommunications Act means the Telecommunications Act 1997.
(2) In these Rules, unless the contrary intention appears, the following terms have the meaning given to them in the Payphones Determination:
(a) fault or service difficulty;
(b) payphone benchmark standards;
(c) payphone register;
(d) payphone site;
(e) remote area;
(f) rural area; and
(g) urban area.
Note 1: The expressions ‘business day’ and ‘financial year’ are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: Unless the contrary intention appears, expressions used in these Rules and in the Telecommunications Act have the same meaning in these Rules as in the Telecommunications Act.
5 Applicable payphone
A payphone is an applicable payphone if it is:
(a) situated at a payphone site specified in a payphone register; and
(b) provided in accordance with paragraph 9(1)(b) and subsection 9(2A) of the TCPSS Act.
6 Maximum rectification period
In these Rules maximum rectification period means the benchmark standard timeframe, in subsection 13(1) of the Payphones Determination, within which a primary universal service provider must rectify a fault or service difficulty in respect of a payphone or payphone carriage service.
7 References to other instruments
In these Rules, 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, or any other instruments, see section 589 of the Telecommunications Act and section 10 of the Acts Interpretation Act 1901; 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: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Part 2 Keeping of Records
8 Records relating to faults or service difficulties
(1) A primary universal service provider must, in relation to each report that it receives, or produces, of a fault or service difficulty in respect of:
(a) an applicable payphone; or
(b) a carriage service supplied by means of an applicable payphone,
keep a record of the matters prescribed in subsection (2).
(2) The matters prescribed for the purposes of subsection (1) are:
(a) if the primary universal service provider produced a report of the fault or service difficulty – the date and time at which the report was produced;
Note: In some cases, a report of a fault or service difficulty may be automatically generated by a primary universal service provider (see paragraph 13(2)(b) of the Payphones Determination).
(b) if the primary universal service provider received a report of the fault or service difficulty –
(i) the date and time at which the report was received; and
(ii) if known - the name of the person who reported the fault or service difficulty;
Note 1: Paragraph 13(2)(a) of the Payphones Determination provides that where a primary universal service provider receives or produces a report in respect of a fault or service difficulty, the timeframes stipulated in subsection 13(1) of the Payphones Determination commence on the day after the day of receipt or production (whichever occurs first).
Note 2: Paragraph 13(2)(c) of the Payphones Determination provides that if the primary universal service provider receives or produces a report that a payphone or a payphone carriage service is affected by a fault or service difficulty on a day that is not a business day, or after 5 pm on a business day, the timeframes stipulated in subsection 13(1) of the Payphones Determination commence on the next business day.
(c) the location of the payphone or the payphone in respect of which the payphone carriage service is supplied;
(d) the date and time at which the maximum rectification period expires in relation to the fault or service difficulty;
Note: In circumstances where paragraph (g) or (h) below apply, the date and time at which the maximum rectification period expires may not be apparent for some time. The provider should record this information when the date and time become known.
(e) the date and time at which the primary universal service provider rectified the fault or service difficulty;
(f) the rectification period in business days;
(g) if a law of the Commonwealth, a State or Territory prevents the primary universal service provider from complying with a payphone benchmark standard with respect to the rectification of the fault or service difficulty –
(i) the name of that law;
(ii) the reason why that law prevents the provider from complying with the payphone benchmark standard;
(iii) the date on which the provider became prevented from complying with the payphone benchmark standard by reason of the law;
(iv) the date by which the provider anticipates that the fault or service difficulty will be rectified (if known); and
(v) the date and time at which the law ceased to prevent the provider from complying with the payphone benchmark standard;
(h) if circumstances beyond the control of the primary universal service provider prevent the provider from complying with a payphone benchmark standard with respect to the rectification of the fault or service difficulty –
(i) a description of those circumstances;
(ii) the reason why those circumstances prevent the provider from complying with the payphone benchmark standard;
(iii) the date on which those circumstances arose;
(iv) the date by which the provider anticipates that the fault or service difficulty will be rectified (if known); and
(v) the date and time at which the circumstances ceased to prevent the provider from complying with the payphone benchmark standard; and
(i) whether the payphone to which the report relates, is located in:
(i) an urban area;
(ii) a rural area; or
(iii) a remote area.
9 Records relating to a primary universal service provider’s procedures
A primary universal service provider that claims it is exempt from compliance with the payphone benchmark standards by reason of paragraphs 12(1)(a) or (b) of the Payphones Determination, must keep records of the procedures that the provider has in place to ensure that it does not rely on an exemption in circumstances that are not beyond the provider’s control.
Note: Subsection 12(3) of the Payphones Determination provides that a primary universal service provider is not exempt from compliance with a payphone benchmark standard unless the provider has such procedures in place.
Part 3 Retention of Records
10 Period for retention of records
If, in a financial year, a primary universal service provider is required to keep a record of a matter described in Part 2, the primary universal service provider must retain that record for a period that expires no earlier than two years after the end of that financial year.
Note: For example, if in accordance with Part 2, a primary universal service provider keeps a record of a matter in the financial year commencing 1 July 2022 and ending 30 June 2023, that record must be retained until at least 30 June 2025.
Part 4 Reporting
11 Requirement to prepare compliance reports
(1) A primary universal service provider must, in accordance with this section, prepare a compliance report in respect of each financial year.
(2) A compliance report must:
(a) include the information specified in Schedule 1; and
(b) be in the form specified in Schedule 2.
12 Requirement to give compliance reports to the ACMA
(1) A primary universal service provider must give to the ACMA a compliance report in respect of each financial year no later than 40 business days after the end of the financial year, or such later time as agreed in writing by the ACMA.
(2) A compliance report must be given to the ACMA by electronic transmission to the email address published for the purposes of this subsection from time to time on the ACMA website.