Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth)

Telecommunications (Consumer Protection and Service Standards) Act 1999

No. 50, 1999

Compilation No. 45

Compilation date: 31 October 2025

Includes amendments: Act No. 50, 2025

About this compilation

This compilation

This is a compilation of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that shows the text of the law as amended and in force on 31 October 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act about telecommunications, and for related purposes

Part 1Preliminary1Short title

This Act may be cited as the Telecommunications (Consumer Protection and Service Standards) Act 1999.

2Commencement

This Act commences on the 28th day after the day on which it receives the Royal Assent.

3Objects and regulatory policy

The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act:
(a)
section 3 (objects);
(b)
section 4 (regulatory policy).

4Simplified outline

The following is a simplified outline of this Act:
• A universal service regime is established. The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:
(a)
standard telephone services; and
(b)
payphones.
• The universal service regime established by this Act is to be phased out and replaced by alternative contractual arrangements.
• The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services.
• Public interest telecommunication services include:
(a)
standard telephone services; and
(b)
payphones; and
(c)
emergency call services; and
(d)
the National Relay Service.
• The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012.
• The proceeds of the levy will be used to:
(a)
pay contractors and grant recipients; and
(b)
pay eligible administrative costs.
• The Secretary is responsible for entering into contracts, and making grants, relating to:
(a)
fixed wireless broadband; and
(b)
satellite broadband.
• The ACMA will assess and collect the charge imposed on carriers by the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
• The proceeds of the charge will be used to:
(a)
pay contractors and grant recipients; and
(b)
offset designated administrative costs.
• Local calls are to be charged for on an untimed basis.
• The ACMA may make performance standards to be complied with by carriage service providers in relation to customer service.
• Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme.
• The ACMA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services.
• The ACMA may also give ECS directions that require information to be provided and certain action to be taken in relation to emergency call services.
• The Triple Zero Custodian has functions relating to emergency call services, and may request the ACMA to give an ECS direction.
• Designated Telstra successor companies are subject to price control arrangements.

5Definitions

(1)
Unless the contrary intention appears, expressions used in this Act and in the Telecommunications Act 1997 have the same meaning in this Act as they have in that Act.
(2)
In this Act:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund in relation to a particular financial year.
Custodian means the Triple Zero Custodian established under section 151J.
data call has the meaning generally accepted within the telecommunications industry.
ECS direction means a direction in force under section 151A.
ECS information has the meaning given by subsection 151F(1).
ECS matter has the meaning given by subsection 151A(1).
ECS outage event has the meaning given by subsection 151A(4).
eligible administrative costs of the Commonwealth means:
1. (a)
  remuneration, and other employment‑related costs and expenses, in respect of APS employees whose duties relate to the following (the eligible matters):
  1. (i)
    the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under Division 3 of Part 2 (public interest telecommunications service contracts and grants);
  2. (ii)
    the performance of the Custodian’s functions, or the exercise of the Custodian’s powers, under Divisions 3, 4, 5 and 6 of Part 8 (Triple Zero Custodian); or
2. (b)
  any other costs, expenses and other obligations incurred by the Commonwealth in connection with the eligible matters;
but does not include:
1. (c)
  amounts incurred under contracts made under section 14; and
2. (d)
  amounts incurred by way of grants made under section 14.
eligible levy period means:
1. (a)
  the 2014‑15 financial year; or
2. (b)
  a later financial year.
eligible revenue for an eligible levy period has the meaning given by section 45.
eligible revenue period means:
1. (a)
  the 2013‑14 financial year; or
2. (b)
  a later financial year.
eligible revenue return means a return under section 43.
engage in conductmeans:
1. (a)
  do an act; or
2. (b)
  omit to perform an act.
levy means levy imposed by section 4C of the Telecommunications (Industry Levy) Act 2012.
levy amount has the meaning given by section 50.
levy contribution factor has the meaning given by section 49.
national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.
National Relay Service means a service that provides persons who:
1. (a)
  are deaf; or
2. (b)
  have a hearing and/or speech impairment;
with access to a standard telephone service on terms, and in circumstances, that are comparable to those on which other Australians have access to a standard telephone service.
NBN Co has the same meaning as in the National Broadband Network Companies Act 2011.
overall levy target amount has the meaning given by section 41.
participating person for an eligible revenue period has the meaning given by section 44.
payphone carriage service means a carriage service supplied by means of a payphone.
price‑related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
primary universal service provider has the meaning given by section 12A.
Public Interest Telecommunications Services Special Account means the Public Interest Telecommunications Services Special Account established by section 37.
RTIRC means the Regional Telecommunications Independent Review Committee established by section 158R.
RTIRC Chair means the Chair of the Regional Telecommunications Independent Review Committee.
RTIRC member means a member of the Regional Telecommunications Independent Review Committee, and includes the RTIRC Chair.
Secretary means the Secretary of the Department.
service obligation has the meaning given by section 9B.
SMS relay service means a service that allows users of the National Relay Service to communicate using SMS.
Note: SMS is short for short message service.
standard telephone service has the meaning given by section 6.
Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.
Telecommunications Industry Ombudsman scheme means the scheme referred to in section 128.
this Act includes the regulations.
universal service obligation has the meaning given by section 9.
universal service provider means a primary universal service provider.
video relay service means a service that allows persons who:
1. (a)
  are deaf: or
2. (b)
  have a hearing and/or speech impairment;
to communicate with other persons using video as well as voice.

6Standard telephone service

(1)
A reference in a particular provision of this Act to a standard telephone service is a reference to a carriage service for each of the following purposes:
1. (a)
  the purpose of voice telephony;
2. (b)
  if:
  1. (i)
    voice telephony is not practical for a particular end‑user with a disability (for example, because the user is deaf or has a hearing and/or speech impairment); and
  2. (ii)
    another form of communication that is equivalent to voice telephony (for example, communication by means of a device that enables text‑based communication) would be required to be supplied to the end‑user in order to comply with the Disability Discrimination Act 1992;
the purpose of that form of communication;
1. (c)
  a purpose declared by the regulations to be a designated purpose for the purposes of that provision;
where:
1. (d)
  the service passes the connectivity test set out in subsection (2); and
2. (e)
  to the extent that the service is for the purpose referred to in paragraph (a)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and
3. (f)
  to the extent that the service is for the purpose referred to in paragraph (b)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision; and
4. (g)
  to the extent that the service is for a particular purpose referred to in paragraph (c)—the service has the characteristics (if any) declared by the regulations to be the designated characteristics in relation to that service for the purposes of that provision.
(2)
A service passes the connectivity test if an end‑user supplied with the service for a purpose mentioned in paragraph (1)(a), (b) or (c) is ordinarily able to communicate, by means of the service, with each other end‑user who is supplied with the same service for the same purpose, whether or not the end‑users are connected to the same telecommunications network.
(3)
The following are examples of purposes that could be declared by regulations made for the purposes of paragraph (1)(c):
1. (a)
  the purpose of the carriage of data;
2. (b)
  the purpose of tone signalling.
(4)
In making a recommendation to the Governor‑General at a particular time about the making of regulations for the purposes of paragraph (1)(c), the Minister must have regard to the following matters:
1. (a)
  whether a carriage service for the purpose proposed to be declared by the regulations can be supplied using the same infrastructure as is, at that time, being used by universal service providers, contractors or grant recipients to supply a standard telephone service for the purpose referred to in paragraph (1)(a);
2. (b)
  such other matters (if any) as the Minister considers relevant.
(5)
This section does not prevent a characteristic declared by regulations made for the purposes of paragraph (1)(e), (f) or (g) from being a performance characteristic.
(6)
In this section:
this Act includes the Telecommunications Act 1997.

7Application of this Act

The following provisions of the Telecommunications Act 1997 apply to this Act in a corresponding way to the way in which they apply to that Act:
(a)
section 8 (Crown to be bound);
(b)
section 9 (extra‑territorial application);
(c)
section 10 (extension to external Territories);
(d)
section 11 (extension to offshore areas);
(e)
section 12 (Act subject to Radiocommunications Act);
(f)
section 13 (continuity of partnerships).

7AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except for Part 2.5) applies to all offences against this Act.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For criminal liability of corporations under this Act, see sections 574A and 575 of the Telecommunications Act 1997.

Part 2Public interest telecommunications servicesDivision 1Introduction8Simplified outline of this Part

• This Part establishes a universal service regime.
• The main object of the universal service regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access, on an equitable basis, to:
(a)
standard telephone services; and
(b)
payphones.
• The universal service regime is to be phased out and replaced by alternative contractual arrangements.
• The Secretary is responsible for entering into contracts, and making grants, to support the provision of public interest telecommunications services.
• Public interest telecommunication services include:
(a)
standard telephone services; and
(b)
payphones; and
(c)
emergency call services; and
(d)
the National Relay Service.
• The Secretary will monitor the performance of contractors and grant recipients.
• The ACMA will assess and collect the levy imposed on carriers by the Telecommunications (Industry Levy) Act 2012.
• The proceeds of the levy will be used to:
(a)
pay contractors and grant recipients; and
(b)
pay eligible administrative costs.

8ADefinitions

In this Part:
contractor has the meaning given by section 14.
general Australian service area means the service area consisting of Australia.
grant recipient has the meaning given by section 14.
service area has the meaning given by section 8C.

8BASpecial meaning of standard telephone service

(1)
A reference in this Part to a standard telephone service is a reference to a standard telephone service (within the meaning of section 6) that has the characteristics (if any) specified in a determination under subsection (2).
(2)
The Minister may, by legislative instrument, determine specified characteristics for the purposes of subsection (1).

8CMeaning of service area

For the purposes of this Part, a service area is:
(a)
a geographical area within Australia; or
(b)
any area of land; or
(c)
any premises or part of premises;
regardless of size.

8JDeclaration about alternative contractual arrangements relating to standard telephone services

Initial declaration
(1)
During the period of 24 months that began at the commencement of this section, the Minister must make either of the following declarations:
(a)
a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;
(b)
a declaration that the 24‑month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section.
(2)
If:
(a)
a declaration is made under paragraph (1)(a) or (b); and
(b)
the declaration is not in force as at the later of the following times:
(i)
the end of the period of 26 months that began at the commencement of this section;
(ii)
the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the declaration could be passed;
the 24‑month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section.
Subsequent declarations
(3)
Before the end of the declaration deferral period, the Minister must make either of the following declarations:
(a)
a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to standard telephone services;
(b)
a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to standard telephone services.
Criteria for making declaration
(4)
The Minister must not make a declaration under paragraph (1)(a) or (3)(a) unless:
(a)
Telstra has entered into a contract under section 14; and
(b)
the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); and
(c)
the contract is in force; and
(d)
neither party to the contract has given notice of termination of the contract; and
(e)
the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to:
(i)
Telstra’s record of compliance with its obligations under the contract; and
(ii)
the nature of Telstra’s obligations under the contract; and
(iii)
Telstra’s record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(a); and
(iv)
Telstra’s record of compliance with its obligations under Part 5; and
(v)
such other matters (if any) as the Minister considers relevant; and
(f)
the Minister has obtained advice from:
(i)
the ACMA; and
(ii)
the Secretary;
about the making of the declaration.
(5)
Subparagraphs (4)(e)(iii) and (iv) do not apply to an act, omission, matter or thing that occurs before the commencement of this section.
(6)
Subsection (4) does not limit the matters to which the Minister may have regard in making a declaration under this section.
Declarations
(7)
A declaration under this section cannot be varied or revoked.
(8)
A declaration under this section is a legislative instrument.

8KDeclaration about alternative contractual arrangements relating to payphones

Initial declaration
(1)
During the period of 24 months that began at the commencement of this section, the Minister must make either of the following declarations:
(a)
a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to payphones;
(b)
a declaration that the 24‑month period starting immediately after the declaration is made is the declaration deferral period for the purposes of this section.
(2)
If:
(a)
a declaration is made under paragraph (1)(a) or (b); and
(b)
the declaration is not in force as at the later of the following times:
(i)
the end of the period of 26 months that began at the commencement of this section;
(ii)
the start of the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislation Act 2003 disallowing the declaration could be passed;
the 24‑month period starting immediately after the declaration was made is the declaration deferral period for the purposes of this section.
Subsequent declarations
(3)
Before the end of the declaration deferral period, the Minister must make either of the following declarations:
(a)
a declaration that, in his or her opinion, there are satisfactory alternative contractual arrangements relating to payphones;
(b)
a declaration that, in his or her opinion, there are not satisfactory alternative contractual arrangements relating to payphones.
Criteria for making declaration
(4)
The Minister must not make a declaration under paragraph (1)(a) or (3)(a) unless:
(a)
Telstra has entered into a contract under section 14; and
(b)
the contract was entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(b); and
(c)
the contract is in force; and
(d)
neither party to the contract has given notice of termination of the contract; and

(e)
the Minister is satisfied that Telstra is likely to substantially comply with the contract, having regard to:
(i)
Telstra’s record of compliance with its obligations under the contract; and
(ii)
the nature of Telstra’s obligations under the contract; and
(iii)
Telstra’s record of compliance with its obligations under this Part, to the extent that the obligations relate to the service obligation mentioned in paragraph 9(1)(b); and
(iv)
such other matters (if any) as the Minister considers relevant; and
(f)
the Minister has obtained advice from:
(i)
the ACMA; and
(ii)
the Secretary;
about the making of the declaration.
(5)
Subparagraph (4)(e)(iii) does not apply to an act, omission, matter or thing that occurs before the commencement of this section.
(6)
Subsection (4) does not limit the matters to which the Minister may have regard in making a declaration under this section.
Declarations
(7)
A declaration under this section cannot be varied or revoked.
(8)
A declaration under this section is a legislative instrument.

Division 2Universal service obligationSubdivision AWhat is the universal service obligation?9Universal service obligation

(1)
For the purposes of this Act, the universal service obligation is the obligation:
1. (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
2. (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:
1. (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
2. (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:
1. (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
2. (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.

9BWhat is a service obligation?

(1)
Unless the Minister makes a determination under subsection (2), each of the following is a service obligation:
1. (a)
  the obligation referred to in paragraph 9(1)(a) (dealing with the standard telephone services);
2. (b)
  the obligation referred to in paragraph 9(1)(b) (dealing with payphones).
(2)
The Minister may, by legislative instrument, determine the service obligations by dividing the universal service obligation in another way.
(3)
The determination must also specify, in respect of each service obligation, what must be supplied or done in order to fulfil the service obligation.

9CPayphones

For the purposes of this Part, a payphone is a fixed telephone that:
(a)
is a means by which a standard telephone service is supplied; and
(b)
when in normal working order, cannot be used to make a telephone call (other than a free call or a call made with operator assistance) unless, as payment for the call, or to enable payment for the call to be collected:
(i)
money, or a token, card or other object, has been put into a device that forms part of, is attached to, or is located near, the telephone; or
(ii)
an identification number, or a code or other information (in numerical or any other form) has been input into a device that forms part of, is attached to, or is located near, the telephone; or
(iii)
a prescribed act has been done.

9ESupply of standard telephone services

(1)
A reference in this Part to the supply of a standard telephone service includes a reference to the supply of:
1. (a)
  if the regulations prescribe customer equipment for the purposes of this paragraph—whichever of the following is applicable:
  1. (i)
    that customer equipment;
  2. (ii)
    if other customer equipment is supplied, instead of the first‑mentioned customer equipment, in order to comply with the Disability Discrimination Act 1992—that other customer equipment; and
2. (b)
  if paragraph (a) does not apply—whichever of the following is applicable:
  1. (i)
    a telephone handset that does not have switching functions;
  2. (ii)
    if other customer equipment is supplied, instead of such a handset, in order to comply with the Disability Discrimination Act 1992—that other customer equipment; and
3. (c)
  other goods of a kind specified in the regulations; and
4. (d)
  services of a kind specified in the regulations;
where the equipment, goods or services, as the case may be, are for use in connection with the standard telephone service.
(2)
A reference in this Part to the supply of a standard telephone service includes a reference to the supply, to a person with a disability, of:
1. (a)
  customer equipment of a kind specified in the regulations; and
2. (b)
  other goods of a kind specified in the regulations; and
3. (c)
  services of a kind specified in the regulations;
where the equipment, goods or services, as the case may be, are for use in connection with the standard telephone service.
(3)
For the purposes of this section, supply, in relation to customer equipment or other goods, includes supply by way of hire.
(4)
For the purposes of this section, disability has the same meaning as in the Disability Discrimination Act 1992.

Subdivision BPrimary universal service provider12ADetermination of primary universal service providers

(1)
The Minister may determine in writing that a specified carrier or carriage service provider is the primary universal service provider for a service area in respect of a service obligation.
(2)
The Minister may determine under subsection (1):
1. (a)
  different primary universal service providers in respect of different service obligations for the same service area; and
2. (b)
  the same person as the primary universal service provider for one or more service areas in respect of one or more service obligations.
(2A)
The Minister may determine, in writing, that each of 2 or more specified persons is a primary universal service provider in respect of a service obligation.
(2B)
The Minister must not specify a person in a determination under subsection (2A) unless the person is a carrier or carriage service provider.
(2C)
The Minister may determine under subsection (2A):
1. (a)
  different primary universal service providers in respect of different service obligations; and
2. (b)
  the same person as a primary universal service provider in respect of one or more service obligations.
(2D)
The Minister must not make a determination under subsection (1) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (2A).
(2E)
The Minister must not make a determination under subsection (2A) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (1).
(3)
In exercising the Minister’s powers under this section in relation to a service obligation, the Minister must ensure that at all times each point in Australia is within a service area for which there is at least one primary universal service provider in respect of that service obligation.
(4)
In deciding whether to make a determination that a person is a primary universal service provider, the Minister is limited to considering factors that are relevant to achieving the objects of this Act.
(5)
The Minister must give to the person and to the ACMA a copy of the determination.
(6)
A determination under this section is a legislative instrument.
Note: A determination that the Minister is taken to have made under this section because of section 12D is not a legislative instrument (see subsection 12D(2)).

12BEffect of determination

(1)
A determination under section 12A takes effect on the day specified in the determination.
(2)
If such a determination is expressed to cease to have effect at a specified time, the determination ceases to have effect at that time.
(3)
A variation or revocation of a determination under section 12A takes effect on the day specified for the purpose in the instrument of variation or revocation.
(4)
If the Minister revokes a determination under section 12A, the Minister may determine in writing arrangements to deal with any issues of a transitional nature that may arise as a result of the revocation.

12CObligations of primary universal service providers

(1)
If there is only one primary universal service provider for a service area in respect of a service obligation, that service obligation, so far as it relates to that area, is imposed on that primary universal service provider.
(2)
If there are 2 or more primary universal service providers for a service area in respect of a service obligation:
1. (a)
  that obligation, so far as it relates to that area, is imposed on each of those primary universal service providers, but may be discharged by any of those primary universal service providers; and
2. (b)
  if the service obligation, so far as it relates to that area, is complied with by any of those primary universal service providers—the obligation, so far as it relates to that area, is taken to have been complied with by the other primary universal service provider or providers.

12DWhen Telstra Limited is taken to be a primary universal service provider

(1)
The Minister is taken to have made a determination under subsection 12A(1) that Telstra Limited is the primary universal service provider for so much of the general Australian service area as is not a special determined area in relation to that service obligation in respect of that service obligation.
(2)
Despite subsection 12A(6), the determination that the Minister is taken to have made is not a legislative instrument.
(3)
Subsection (1) does not apply to Telstra Limited unless Telstra Limited is a carrier or carriage service provider.
(4)
The following provisions have effect:
1. (a)
  subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for a service area in respect of a service obligation;
2. (b)
  if such a determination is in force—that area is a special determined area in relation to that service obligation.
(5)
The following provisions have effect:
1. (a)
  subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for a service area in respect of a service obligation;
2. (b)
  if such a determination is in force—that area is a special determined area in relation to that service obligation.
(6)
The following provisions have effect:
1. (a)
  subsection (1) does not prevent the Minister from making a determination under subsection 12A(1) that a person (other than Telstra Limited) is the primary universal service provider for the general Australian service area in respect of a service obligation;
2. (b)
  if such a determination is in force—subsection (1) does not apply to that service obligation.
(7)
The following provisions have effect:
1. (a)
  subsection (1) does not prevent the Minister from making a determination under subsection 12A(2A) that each of 2 or more persons is a primary universal service provider for the general Australian service area in respect of a service obligation;
2. (b)
  if such a determination is in force—subsection (1) does not apply to that service obligation.

12EFormer universal service provider may be required to provide information to current universal service provider

Scope
(1)
This section applies if:
(a)
the Minister determines under section 12A that a carrier or carriage service provider (the current provider) is a primary universal service provider for a service area in respect of a service obligation; and
(b)
another person, who is or was a universal service provider for the service area in respect of the obligation, is determined to be a former providerunder subsection (4).
(2)
This section also applies if:
(a)
either:
(i)
the Minister revokes or varies a determination under section 12A so that a person (the former provider) ceases to be a universal service provider for a service area in respect of a service obligation; or
(ii)
a person (the former provider) otherwise ceases to be a universal service provider for a service area in respect of a service obligation; and
(b)
another person (the current provider), who was also a universal service provider in respect of the service obligation, continues to be a universal service provider for the service area in respect of that obligation:
(i)
if subparagraph (a)(i) applies—after the revocation or variation; or
(ii)
if subparagraph (a)(ii) applies—after the cessation.
(3)
Subsections (1) and (2) can apply before the determination, revocation or variation under section 12A takes effect.
Former provider
(4)
The Minister may determine in writing that a person is a former provider for the purposes of this section.
Requirement to give information
(5)
The current provider may, by written notice given to the former provider, require the former provider to give to the current provider specified information of the kind referred to in subsection (6). A notice of this kind cannot be given more than 6 months after:
(a)
if subsection (1) applies—the later of the following days:
(i)
the day on which the current provider became a universal service provider;
(ii)
the day on which the determination under section 12A was made in respect of the current provider; or
(b)
if subsection (2) applies—the day on which the former provider ceases to be a universal service provider.
(6)
The information that may be required to be given must be information that will assist the current provider in doing something that the current provider is or will be required or permitted to do by or under a provision of this Part. The notice must identify the doing of that thing as the purpose for which the information is required.
Note 1: If, for example, information about service location and customer contact details will assist the current provider in fulfilling its obligation under section 12C, the former provider may be required to provide that kind of information.
Note 2: See also subsection (8), which allows the Minister to determine that a specified kind of information is information referred to in this subsection.
(7)
If a requirement made by a notice under subsection (5) is reasonable, the former provider must comply with the requirement as soon as practicable after receiving the notice. However, if the requirement is unreasonable, the former provider does not have to comply with it.
(8)
The Minister may, by legislative instrument, make a determination to the effect that, either generally or in a particular case, information of a kind specified in the determination is taken to be information that will assist a person in doing a specified thing that the person is or will be required or permitted to do by or under a provision of this Part.
(9)
If a former provider has been given notice of a requirement under subsection (5), the ACMA may, in writing, direct the former provider to comply with the requirement or with specified aspects of the requirement. The former provider must comply with the direction.
(10)
In deciding whether to give a direction under subsection (9), the ACMA must consider whether the requirement under subsection (5) is reasonable.

Subdivision CUSO standards and rules12EBPerformance standards – 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 determination.
(3)
Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
Compliance
(4)
A primary universal service provider must comply with a standard in force under subsection (1).
Service supplied in fulfilment of the universal service obligation
(6)
This section does not apply to a standard telephone service unless the service is supplied, or proposed to be supplied, in fulfilment of the universal service obligation.
Determination is a legislative instrument
(7)
A determination under subsection (1) is a legislative instrument.

12ECPerformance 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.

12EDPerformance standards – payphones

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 characteristics of a payphone carriage service;
(b)
the supply, installation or maintenance of a payphone;
(c)
the supply of a payphone carriage service;
(d)
the reliability of a payphone;
(e)
the reliability of a payphone carriage service;
(f)
the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty;
(g)
the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty;
(h)
the handling of requests for the removal of a payphone;
(i)
any other matter concerning:
(i)
the supply, installation or maintenance of a payphone; or
(ii)
the supply of a payphone carriage service.
(2)
A determination under subsection (1) may be of general application or may be limited as provided in the determination.
(3)
Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
Compliance
(4)
A primary universal service provider must comply with a determination under subsection (1).
Determination is a legislative instrument
(6)
A determination under subsection (1) is a legislative instrument.

12EEPerformance benchmarks – payphones

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 characteristics of a payphone carriage service;
(b)
the supply, installation or maintenance of a payphone;
(c)
the supply of a payphone carriage service;
(d)
the reliability of a payphone;
(e)
the reliability of a payphone carriage service;
(f)
the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty;
(g)
the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty;
(h)
the handling of requests for the removal of a payphone;
(i)
any other matter concerning:
(i)
the supply, installation or maintenance of a payphone; or
(ii)
the supply of a payphone carriage service.
(2)
A determination under subsection (1) may be of general application or may be limited as provided in the determination.
(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.

12EFRules about the location of payphones

(1)
The Minister may make a determination setting out rules to be complied with by a primary universal service provider in relation to the places or areas in which payphones are to be located.
Compliance
(2)
A primary universal service provider must comply with a determination under subsection (1).
(3)
If a primary universal service provider complies with a determination under subsection (1), the provider is taken to have complied with an obligation under paragraph 9(1)(b) or subsection 9(2A), to the extent to which the obligation relates to the location of payphones.
Determination is a legislative instrument
(5)
A determination under subsection (1) is a legislative instrument.

12EGRules about the process for public consultation on the location or removal of payphones

(1)
The Minister may make a determination setting out rules to be complied with by a primary universal service provider in relation to the process for public consultation on the location or removal of payphones.
(2)
The Minister must ensure that a determination under subsection (1) provides that, if:
1. (a)
  a primary universal service provider makes a decision to remove a payphone from a particular location; and
2. (b)
  that payphone is the only payphone at that location;
then:
1. (c)
  the provider must undertake a process for public consultation on the removal of that payphone; and
2. (d)
  if, in accordance with that process, a person makes a submission to the provider—the provider must notify the person, in writing, of the outcome of that process.
Compliance
(3)
A primary universal service provider must comply with a determination under subsection (1).
Determination is a legislative instrument
(5)
A determination under subsection (1) is a legislative instrument.

12EHRules about the process for resolution of complaints about the location or removal of payphones

(1)
The Minister may make a determination setting out rules to be complied with by a primary universal service provider in relation to the process for resolution of complaints about the location or removal of payphones.
Compliance
(2)
A primary universal service provider must comply with a determination under subsection (1).
Determination is a legislative instrument
(4)
A determination under subsection (1) is a legislative instrument.

12EIDirections by the ACMA about the removal of payphones

Scope
(1)
This section applies if:
(a)
a primary universal service provider has made a decision to remove a payphone from a particular location; and
(b)
a person notifies the ACMA, in writing, that the person objects to the removal; and
(c)
the ACMA is satisfied that:
(i)
the removal would breach, or has breached, a determination under subsection 12EF(1); or
(ii)
the provider has breached a determination under subsection 12EG(1) in relation to the removal.
Direction
(2)
If the payphone has not been removed, the ACMA may, by written notice given to the provider, direct the provider not to remove the payphone from that location.
(3)
If the payphone has been removed, the ACMA may, by written notice given to the provider, direct the provider:
(a)
to supply and install a payphone at that location; and
(b)
to do so within the period specified in the notice.
(4)
A period specified under paragraph (3)(b) must not be shorter than 30 days after the notice is given.
(5)
A direction under subsection (2) or (3) must not be inconsistent with a determination under subsection 12EF(1).
Compliance
(6)
A primary universal service provider must comply with a direction under subsection (2) or (3).
Direction is not a legislative instrument
(7)
A direction under subsection (2) or (3) is not a legislative instrument.

Division 3Public interest telecommunications service contracts and grantsSubdivision APolicy objectives13Policy objectives

(1)
The policy objectives of this Division are:
1. (a)
  that standard telephone services are to:
  1. (i)
    be reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
  2. (ii)
    be supplied to people in Australia on request; and
2. (b)
  that payphones are to:
  1. (i)
    be reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
  2. (ii)
    be supplied, installed and maintained in Australia; and
3. (c)
  that end‑users of standard telephone services in Australia are to have access, free of charge, to an emergency call service; and
4. (d)
  that the National Relay Service is to be reasonably accessible to all persons in Australia who:
  1. (i)
    are deaf; or
  2. (ii)
    have a hearing and/or speech impairment;
wherever they reside or carry on business; and
1. (e)
  that there are to be such:
  1. (i)
    customer information programs; and
  2. (ii)
    customer cabling installation programs; and
  3. (iii)
    carriage service development programs; and
  4. (iv)
    other measures (if any) as are specified in the regulations;
as are necessary to support the continuity of supply of carriage services during the transition to the national broadband network; and
1. (f)
  that all persons in Australia outside a standard zone are to have access to untimed voice calls on a basis that is comparable to the access provided to persons in standard zones for voice calls made:
  1. (i)
    using a standard telephone service; or
  2. (ii)
    using a payphone; and
2. (g)
  that all persons in Australia outside a standard zone are to have access to untimed data calls on a basis that is comparable to the access provided to persons in standard zones for data calls made to an internet service provider using a data network access number; and
3. (h)
  that an SMS relay service is reasonably accessible to all persons in Australia who:
  1. (i)
    are deaf; or
  2. (ii)
    have a hearing and/or speech impairment; and
4. (i)
  that a video relay service is reasonably accessible to all persons in Australia who communicate in Auslan; and
5. (j)
  that a software application is reasonably available to assist all users of the National Relay Service in communication with emergency call services; and
6. (k)
  the objectives (if any) specified in the regulations, where those objectives relate to the supply of carriage services.
(2)
For the purposes of paragraphs (1)(f) and (g), standard zone has the meaning given by section 108.

Subdivision BContracts and grants14Contracts and grants

(1)
The Secretary may, on behalf of the Commonwealth:
1. (a)
  enter into a contract; or
2. (b)
  make a grant of financial assistance;
for a purpose relating to the achievement of any or all of the policy objectives of this Division.
Note 1: For the policy objectives, see subsection 13(1).
Note 2: For transitional provisions, see section 22.
(2)
For the purposes of this Part, if the Secretary enters into a contract with a person under subsection (1), the person is a contractor.
(3)
For the purposes of this Part, if the Secretary makes a grant of financial assistance to a person under subsection (1), the person is a grant recipient.

15Terms and conditions of grants

Scope
(1)
This section applies to a grant of financial assistance made under section 14.
Terms and conditions
(2)
The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the grant recipient.
(3)
An agreement under subsection (2) is to be entered into by the Secretary on behalf of the Commonwealth.
(4)
Subsection (2) does not apply to a condition under section 16.

16Condition about compliance with Ministerial determination

Condition
(1)
It is a condition of:
(a)
a contract entered into under section 14; or
(b)
a grant made under section 14;
that the contractor or grant recipient, as the case may be, must comply with a determination under subsection (2) in so far as the determination applies to the contract or grant, as the case may be.
Determination
(2)
The Minister may, by legislative instrument, make a determination that sets out either or both of the following:
(a)
standards or rules that must be complied with by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 14;
(b)
minimum benchmarks that must be met or exceeded by contractors or grant recipients, as the case may be, in relation to contracts entered into, or grants made, under section 14.
Application of determinations
(3)
A determination under subsection (2) may be of general application or may be limited as provided in the determination.
(4)
Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
Other terms and conditions
(5)
This section does not, by implication, limit:
(a)
the terms and conditions that may be included in a contract entered into under section 14; or
(b)
the terms and conditions that may be included in an agreement under section 15.
Determination prevails over inconsistent contract or agreement
(6)
A term or condition:
(a)
of a contract entered into under section 14; or
(b)
set out in an agreement under section 15;
has no effect to the extent to which it is inconsistent with a determination under subsection (2) that applies to the contract or to the grant to which the agreement relates, as the case may be.
(7)
Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides a term or condition:
(a)
of a contract entered into under section 14; and
(b)
that gives the contractor a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract.
(8)
Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it specifies the price, or a method of ascertaining the price, for any of the services, facilities or customer equipment to be supplied by a contractor in accordance with a section 14 contract.
(9)
Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides a term or condition:
(a)
set out in an agreement under section 15; and
(b)
that gives the grant recipient a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the grant recipient in accordance with the terms and conditions of the grant.
(10)
Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it specifies the price, or a method of ascertaining the price, for any of the services, facilities or customer equipment to be supplied by the grant recipient of a section 14 grant in accordance with the terms and conditions of the grant.

17Exemption of designated transitional contracts from Ministerial determination

If:
(a)
a contract is in force as at the commencement of this section; and
(b)
the contract was entered into before 1 July 2012; and
(c)
the contract was a designated transitional contract within the meaning of the repealed Telecommunications Universal Service Management Agency Act 2012;
the contract is exempt from a determination under subsection 16(2) of this Act.

18Secretary has powers etc. of the Commonwealth

(1)
The Secretary, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as:
1. (a)
  a party to a contract entered into under section 14; or
2. (b)
  the grantor of a grant made under section 14.
(2)
Without limiting subsection (1):
1. (a)
  an amount payable by the Commonwealth under a section 14 contract is to be paid by the Secretary on behalf of the Commonwealth; and
2. (b)
  an amount payable to the Commonwealth under a section 14 contract is to be paid to the Secretary on behalf of the Commonwealth; and
3. (c)
  a section 14 grant is to be paid by the Secretary on behalf of the Commonwealth; and
4. (d)
  an amount payable to the Commonwealth by way of the repayment of the whole or a part of a section 14 grant is to be paid to the Secretary on behalf of the Commonwealth; and
5. (e)
  the Secretary may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns:
  1. (i)
    a section 14 contract; or
  2. (ii)
    a section 14 grant.

19Conferral of powers on the Secretary

The Secretary may exercise a power conferred on the Secretary by:
(a)
a contract entered into under section 14; or
(b)
an agreement under section 14.

20Monitoring of performance

(1)
The Secretary must monitor, and report each financial year to the Minister on, all significant matters relating to:
1. (a)
  the performance of contractors; and
2. (b)
  the performance of grant recipients.
(2)
A report under subsection (1) for a financial year must set out details of the following matters:
1. (a)
  the adequacy of each contractor’s compliance, during that year, with the terms and conditions of a section 14 contract;
2. (b)
  the adequacy of each grant recipient’s compliance, during that year, with the terms and conditions of a section 14 grant;
3. (c)
  any notice of breach by a contractor of a section 14 contract, where the notice was given during that year;
4. (d)
  any notice of breach by a grant recipient of a term or condition of a section 14 grant, where the notice was given during that year;
5. (e)
  any remedial action taken by the Secretary during that year in response to a breach of a section 14 contract;
6. (f)
  any remedial action taken by the Secretary during that year in response to a breach of the terms or conditions of a section 14 grant;
7. (g)
  the result of any such remedial action.
(3)
Subsection (2) does not limit subsection (1).
(4)
A report under subsection (1) for a financial year must be included in the annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for the financial year.

21Executive power of the Commonwealth

This Division does not, by implication, limit the executive power of the Commonwealth.

21ADirections – facilitation of Telstra USO Performance Agreement

(1)
If:
1. (a)
  a designated Telstra successor company (the first designated Telstra successor company) is a party to the section 14 contract known as the Telstra USO Performance Agreement; and
2. (b)
  the Minister is satisfied that the first designated Telstra successor company has failed, is failing, or is likely to fail, to fulfil its obligations under the Telstra USO Performance Agreement;
the Minister may give:
1. (c)
  Telstra Limited; or
2. (d)
  another designated Telstra successor company; or
3. (e)
  a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

a written direction:
1. (f)
  to do a specified act or thing; or
2. (g)
  not to do a specified act or thing.
(2)
The Minister must not give a direction to a body corporate under subsection (1) to do an act or thing unless:
1. (a)
  the Minister is satisfied that the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and
2. (b)
  the Minister is satisfied that the body corporate:
  1. (i)
    has the capability (including the technical, operational and organisational capability) to comply with the direction; or
  2. (ii)
    could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and
3. (c)
  the body corporate:
  1. (i)
    is a constitutional corporation; or
  2. (ii)
    carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).
(3)
The Minister must not give a direction to a body corporate under subsection (1) not to do an act or thing unless:
1. (a)
  the Minister is satisfied that not doing the act or thing will facilitate the first designated Telstra successor company fulfilling its obligations under the Telstra USO Performance Agreement; and
2. (b)
  the Minister is satisfied that the body corporate:
  1. (i)
    has the capability (including the technical, operational and organisational capability) to comply with the direction; or
  2. (ii)
    could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and
3. (c)
  the body corporate:
  1. (i)
    is a constitutional corporation; or
  2. (ii)
    carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c) of the Telecommunications Act 1997.
Compliance with requirement
(4)
A body corporate must comply with a direction under subsection (1).
Civil penalty
(5)
Subsection (4) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Consultation
(6)
Before giving or varying a direction under subsection (1), the Minister must:
1. (a)
  make a copy of the draft direction or variation available on the Minister’s website; and
2. (b)
  publish a notice on the Minister’s website:
  1. (i)
    stating that the Minister has prepared the draft; and
  2. (ii)
    inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.
(7)
Subject to subsection (8), the period specified in the notice must run for at least 30 days after the publication of the notice.
(8)
The period specified in the notice may be shorter than 30 days if the Minister is satisfied that the shorter period is necessary due to urgent circumstances.
(9)
If interested persons have given comments in accordance with a notice under subsection (6), the Minister must have due regard to those comments in giving or varying the direction.

22Transitional – pre‑commencement contracts

(1)
If:
1. (a)
  a contract is in force as at the commencement of this section; and
2. (b)
  the contract was entered into before 1 July 2012; and
3. (c)
  under section 22, 23, 24, 25 or 26 of the repealed Telecommunications Universal Service Management Agency Act 2012, that Act had effect as if the contract had been entered into under section 13 of that Act for a purpose relating to the achievement of a particular policy objective;
this Act, and any other law of the Commonwealth, has effect as if the contract had been entered into by the Secretary under section 14 of this Act for a purpose relating to the achievement of the corresponding policy objective.
(2)
If:
1. (a)
  a contract is in force as at the commencement of this section; and
2. (b)
  the contract was entered into on or after 1 July 2012; and
3. (c)
  the contract was entered into under section 13 of the repealed Telecommunications Universal Service Management Agency Act 2012 for a purpose relating to the achievement of a particular policy objective;
this Act, and any other law of the Commonwealth, has effect as if the contract had been entered into by the Secretary under section 14 of this Act for a purpose relating to the achievement of the corresponding policy objective.
(3)
For the purposes of this section, contract includes a part of a contract.

Subdivision CRelevant contracts entered into by designated Telstra successor companies22ARelevant contract

For the purposes of this Subdivision, relevant contract means a contract or agreement that is entered into:
(a)
by a designated Telstra successor company; and
(b)
for a purpose relating to either or both of the following:
(i)
the achievement of any or all of the policy objectives of this Division;
(ii)
the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the designated Telstra successor company by the section 14 contract known as the Telstra USO Performance Agreement.

22AATransfer of asset

For the purposes of this Subdivision, a transfer of an asset occurs if:
(a)
the legal ownership of the asset is transferred in whole or in part; or
(b)
the beneficial ownership of the asset is transferred in whole or in part (whether by way of a declaration of trust or in any other way); or
(c)
if the asset is the subject of a lease—the lease is transferred.

22BAuthorised officer

(1)
For the purposes of this Subdivision, authorised officer means an SES employee, or an acting SES employee, who holds, or performs the duties of, a position designated under subsection (2).
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(2)
The Minister may, by notifiable instrument, designate one or more specified positions in the Department for the purposes of subsection (1).

22CNotification of relevant contracts

(1)
Within 7 days after a designated Telstra successor company enters into:
1. (a)
  a relevant contract; or
2. (b)
  a variation of a relevant contract;
the company must give:
1. (c)
  an authorised officer; or
2. (d)
  if there is no authorised officer—the Minister;
a written statement that sets out the following information:
1. (e)
  the names of the parties to the contract or variation, as the case requires;
2. (f)
  the nature of the contract or variation, as the case requires;
3. (g)
  the date the contract or variation, as the case requires, was entered into;
4. (h)
  the date when the contract or variation, as the case requires, came, or is to come, into effect;
5. (i)
  if the contract or variation (as the case requires) deals with the transfer of an asset—the name of the transferee;
6. (j)
  such other information (if any) relating to the contract or variation, as the case requires, as is specified under subsection (2).
(2)
The Minister may, by legislative instrument, specify information for the purposes of paragraph (1)(j).
Civil penalty
(3)
Subsection (1) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

22CANotification of proposed contracts

(1)
If:
1. (a)
  a designated Telstra successor company proposes to enter into a relevant contract; and
2. (b)
  the contract is to be entered into for a purpose relating to the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the company by the section 14 contract known as the Telstra USO Performance Agreement;
the company must, at least 30 days before entering into the contract, give:
1. (c)
  an authorised officer; or
2. (d)
  if there is no authorised officer—the Minister;
a written statement that sets out the following information:
1. (e)
  the names of the parties to the contract;
2. (f)
  the nature of the contract;
3. (g)
  the date the contract is to be entered into;
4. (h)
  the date when the contract is to come into effect;
5. (i)
  the name of the transferee of the assets;
6. (j)
  such other information (if any) relating to the contract as is specified under subsection (2).
(2)
The Minister may, by legislative instrument, specify information for the purposes of paragraph (1)(j).
(3)
Subsection (1) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

22DCopies of relevant contracts – requirement imposed by Ministerial notice

Requirement to give copy of proposed contract or variation
(1)
If a designated Telstra successor company proposes to enter into:
(a)
a relevant contract; or
(b)
a variation of a relevant contract;
the Minister or an authorised officer may, by written notice given to the company, require the company to:
(c)
give:
(i)
an authorised officer; or
(ii)
if there is no authorised officer—the Minister;
a copy of the proposed contract or variation, as the case requires; and
(d)
do so within 7 days after the notice is given.
Requirement to give copy of contract or variation
(2)
If a designated Telstra successor company has entered into:
(a)
a relevant contract; or
(b)
a variation of a relevant contract;
the Minister or an authorised officer may, by written notice given to the company, require the company to:
(c)
give:
(i)
an authorised officer; or
(ii)
if there is no authorised officer—the Minister;
a copy of the contract or variation, as the case requires; and
(d)
do so within 7 days after the notice is given.
Compliance with requirement
(3)
A designated Telstra successor company must comply with a requirement under subsection (1) or (2).
Civil penalty
(4)
Subsection (3) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

22ECopies of relevant contracts – requirement imposed by rules

(1)
The Minister may, by legislative instrument, make rules that impose the following requirements to be complied with by a designated Telstra successor company that has entered into a relevant contract in a specified class of relevant contracts:
1. (a)
  the requirement that, within 7 days after such a contract is entered into, the company must give:
  1. (i)
    an authorised officer; or
  2. (ii)
    if there is no authorised officer—the Minister;
a copy of the contract;
1. (b)
  the requirement that, within 7 days after the company enters into a variation of such a contract, the company must give:
  1. (i)
    an authorised officer; or
  2. (ii)
    if there is no authorised officer—the Minister;
a copy of the variation.
Compliance with requirement
(2)
A designated Telstra successor company must comply with a requirement imposed by rules made under subsection (1).
Civil penalty
(3)
Subsection (2) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Division 4Disclosure of informationSubdivision AAccess to information or documents held by a carriage service provider23Access to information or documents held by a carriage service provider

Scope
(1)
This section applies to a carriage service provider if the Secretary believes on reasonable grounds that the carriage service provider has information or a document that is relevant to the achievement of the policy objective set out in paragraph 13(1)(e).
Requirement
(2)
The Secretary may, by written notice given to the carriage service provider, require the carriage service provider:
(a)
to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or
(b)
to produce to the Secretary, within the period and in the manner specified in the notice, any such documents; or
(c)
to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies.
(3)
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4)
A carriage service provider must comply with a requirement under subsection (2) to the extent that the carriage service provider is capable of doing so.
(5)
A carriage service provider commits an offence if:
(a)
the Secretary has given a notice to the carriage service provider under subsection (2); and
(b)
the carriage service provider engages in conduct; and
(c)
the carriage service provider’s conduct contravenes a requirement in the notice.
Penalty for contravention of this subsection: 50 penalty units.

24Copying documents – compensation

A carriage service provider is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph 23(2)(c).

25Copies of documents

(1)
The Secretary may:
1. (a)
  inspect a document or copy produced under subsection 23(2); and
2. (b)
  make and retain copies of, or take and retain extracts from, such a document.
(2)
The Secretary may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 23(2)(c).

26Secretary may retain documents

(1)
The Secretary may take, and retain for as long as is necessary, possession of a document produced under subsection 23(2).
(2)
The carriage service provider otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Secretary to be a true copy.
(3)
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4)
Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the carriage service provider otherwise entitled to possession of the document, or a person authorised by that carriage service provider, to inspect and make copies of, or take extracts from, the document.

27Law relating to legal professional privilege not affected

This Subdivision does not affect the law relating to legal professional privilege.

28Disclosure of information

Scope
(1)
This section applies to information that:
(a)
was obtained by the Secretary under section 23; or
(b)
is contained in a document, or a copy of a document, that was produced to the Secretary under section 23.
Disclosure
(2)
The Secretary may disclose the information to a carriage service provider if the disclosure is for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e).

29Consent to customer contact

Scope
(1)
This section applies to a carriage service provider if:
(a)
the Secretary believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person) contacting:
(i)
the carriage service provider’s customers; or
(ii)
customers included in a particular class of the carriage service provider’s customers;
for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e), that consent would be likely to facilitate the achievement of the policy objective set out in paragraph 13(1)(e); and
(b)
the carriage service provider is not a contractor in relation to a section 14 contract entered into for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e); and
(c)
the carriage service provider is not a grant recipient in relation to a section 14 grant made for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e).
Requirement
(2)
The Secretary may, by written notice given to the carriage service provider, require the carriage service provider:
(a)
to consent to the third person contacting:
(i)
if subparagraph (1)(a)(i) applies—the carriage service provider’s customers; or
(ii)
if subparagraph (1)(a)(ii) applies—customers included in a specified class of the carriage service provider’s customers;
for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(e); and
(b)
to do so within the period and in the manner specified in the notice.
(3)
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4)
A carriage service provider must comply with a requirement under subsection (2).
(5)
A carriage service provider commits an offence if:
(a)
the Secretary has given a notice to the carriage service provider under subsection (2); and
(b)
the carriage service provider engages in conduct; and
(c)
the carriage service provider’s conduct contravenes a requirement in the notice.
Penalty for contravention of this subsection: 50 penalty units.

Subdivision BAccess to information or documents held by an NBN corporation30Access to information or documents held by an NBN corporation

Scope
(1)
This section applies to an NBN corporation if the Minister believes on reasonable grounds that the NBN corporation has information or a document that is relevant to the exercise of any of the Secretary’s powers under Division 3.
Requirement
(2)
The Minister may, by written notice given to the NBN corporation, require the NBN corporation:
(a)
to give to the Secretary, within the period and in the manner and form specified in the notice, any such information; or
(b)
to produce to the Secretary, within the period and in the manner specified in the notice, any such documents; or
(c)
to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies.
(3)
A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4)
An NBN corporation must comply with a requirement under subsection (2) to the extent that the NBN corporation is capable of doing so.
(5)
An NBN corporation commits an offence if:
(a)
the Minister has given a notice to the NBN corporation under subsection (2); and
(b)
the NBN corporation engages in conduct; and
(c)
the NBN corporation’s conduct contravenes a requirement in the notice.
Penalty for contravention of this subsection: 50 penalty units.

31Copying documents – compensation

An NBN corporation is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph 30(2)(c).

32Copies of documents

(1)
The Secretary may:
1. (a)
  inspect a document or copy produced under subsection 30(2); and
2. (b)
  make and retain copies of, or take and retain extracts from, such a document.
(2)
The Secretary may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 30(2)(c).

33Secretary may retain documents

(1)
The Secretary may take, and retain for as long as is necessary, possession of a document produced under subsection 30(2).
(2)
The NBN corporation otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Secretary to be a true copy.
(3)
The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4)
Until a certified copy is supplied, the Secretary must, at such times and places as the Secretary thinks appropriate, permit the NBN corporation otherwise entitled to possession of the document, or a person authorised by that NBN corporation, to inspect and make copies of, or take extracts from, the document.

34Law relating to legal professional privilege not affected

This Subdivision does not affect the law relating to legal professional privilege.

35Severability

(1)
Without limiting its effect apart from this section, this Subdivision also has effect as provided by this section.
Corporations power
(2)
This Subdivision also has the effect it would have if:
1. (a)
  subsection (3) had not been enacted; and
2. (b)
  each reference in this Subdivision to an NBN corporation were, by express provision, confined to an NBN corporation that is a constitutional corporation.
Communications power
(3)
This Subdivision also has the effect it would have if:
1. (a)
  subsection (2) had not been enacted; and
2. (b)
  each reference in this Subdivision to an NBN corporation were, by express provision, confined to an NBN corporation that:
  1. (i)
    carries on; or
  2. (ii)
    proposes to carry on; or
  3. (iii)
    has the object of carrying on;
a business that consists of or includes the supply of a carriage service.

Subdivision CDisclosure of information to certain bodies or persons36Disclosure of information to certain bodies or persons

(1)
The Secretary may disclose information to any of the following bodies or persons:
1. (a)
  the ACMA;
2. (b)
  the ACCC;
3. (c)
  the Telecommunications Industry Ombudsman;
4. (d)
  the Regional Telecommunications Independent Review Committee;
if:
1. (e)
  the information was obtained under, or for the purposes of, this Division; and
2. (f)
  the Secretary is satisfied that the information will enable or assist the body or person to perform or exercise any of the functions or powers of the body or person.

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

Subdivision D.............................

rep No 109, 2014

s. 12P.........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 12Q.........................................

ad No 142, 2000

am No 103, 2013

rep No 109, 2014

s 12R.........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 12S..........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 12T.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 12U.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

Subdivision E.............................

rep No 109, 2014

s. 12V........................................

ad. No. 142, 2000

rep No 109, 2014

s 12W........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 12X.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 12Y.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 12Z.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

Division 3

Division 3..................................

rep. No. 111, 2009

ad No 38, 2015

Subdivision A

s. 13...........................................

rs. No. 142, 2000

rep No 109, 2014

ad No 38, 2015

s 13A.........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13B.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 13C.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 13D.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 13E.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s. 13F.........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13G.........................................

ad No 142, 2000

am No 103, 2013

rep No 109, 2014

s. 13H........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13J..........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13K.........................................

ad. No. 142, 2000

am. No 45, 2005

rep No 109, 2014

s 13L.........................................

ad. No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 13M........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13N.........................................

ad No 142, 2000

am No 103, 2013

rep No 109, 2014

s 13P..........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13Q.........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13R.........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 109, 2014

s 13S..........................................

ad. No. 142, 2000

rep No 109, 2014

s 13T.........................................

ad No. 142, 2000

am No. 45, 2005

rep No 109, 2014

s 13U.........................................

ad No. 142, 2000

am No 45, 2005

rep No 109, 2014

s 13V.........................................

ad No. 142, 2000

am No 45, 2005

rep No 109, 2014

Subdivision B

s 14............................................

rs No 142, 2000

am No 45, 2005; No 103, 2013; No 109, 2014

rs No 38, 2015

am No 47, 2020

s. 14A........................................

rs. No. 142, 2000

rep No 38, 2015

Division 8..................................

rep. No. 111, 2009

s. 15...........................................

rs. No. 142, 2000

rep. No. 111, 2009

ad No 38, 2015

s. 15A........................................

ad. No. 142, 2000

rep. No. 111, 2009

s. 15B........................................

ad. No. 142, 2000

am. No. 45, 2005

rep. No. 111, 2009

ss. 15C–15H...............................

ad. No. 142, 2000

rep. No. 111, 2009

s. 15J.........................................

ad. No. 142, 2000

rep. No. 111, 2009

s. 15K........................................

ad. No. 142, 2000

am. No. 45, 2005

rep. No. 111, 2009

s. 15L........................................

ad. No. 142, 2000

rep. No. 111, 2009

s. 15M.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep. No. 111, 2009

ss. 15N, 15P...............................

ad. No. 142, 2000

rep. No. 111, 2009

Division 9..................................

rep No 38, 2015

s. 16..........................................

rs. No. 142, 2000

am No 109, 2014

rs No 38, 2015

s. 16A.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 16B........................................

ad. No. 142, 2000

rep No 38, 2015

Division 10................................

rep. No. 111, 2009

s. 17..........................................

rs. No. 142, 2000

rep. No. 111, 2009

ad No 38, 2015

s. 17A.......................................

ad. No. 142, 2000

rep. No. 111, 2009

Division 11................................

rep No 38, 2015

s. 18..........................................

rs. No. 142, 2000

am. No. 44, 2012

rs No 38, 2015

s. 18A.......................................

ad. No. 142, 2000

rep No 38, 2015

s. 18B........................................

ad. No. 142, 2000

rep No 38, 2015

s. 18C........................................

ad. No. 142, 2000

rep No 38, 2015

s. 18D.......................................

ad. No. 142, 2000

rep No 38, 2015

s. 18E........................................

ad. No. 142, 2000

rep No 38, 2015

Division 12................................

rep. No. 111, 2009

s. 19..........................................

rs. No. 142, 2000

rep. No. 111, 2009

ad No 38, 2015

ss. 19A–19C..............................

rs. No. 142, 2000

rep. No. 111, 2009

ss. 19D, 19E..............................

ad. No. 142, 2000

rep. No. 111, 2009

Division 13................................

rep No 38, 2015

s. 20..........................................

am. No. 95, 2000

rs. No. 142, 2000

am. No. 5, 2001; No. 45, 2005

rs No 38, 2015

s. 20A.......................................

ad. No. 142, 2000

am No 103, 2013

rep No 38, 2015

s. 20B........................................

ad. No. 142, 2000

am. No. 45, 2005; No. 111, 2009; No 103, 2013

rep No 38, 2015

s. 20C........................................

ad. No. 142, 2000

am. No. 44, 2012; No 103, 2013

rep No 38, 2015

s. 20D.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20E........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20F........................................

ad. No. 142, 2000

am. No. 45, 2005; No 103, 2013

rep No 38, 2015

s. 20G.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20H.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20J.........................................

ad. No. 142, 2000

am. No. 5, 2001; No. 45, 2005; No. 111, 2009

rep No 38, 2015

s. 20K.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20L........................................

ad. No. 142, 2000

am. No. 45, 2005; No. 8, 2010

rep No 38, 2015

s. 20M.......................................

ad. No. 142, 2000

am. No. 45, 2005

rs. No. 111, 2009

rep No 38, 2015

s. 20N.......................................

ad. No. 142, 2000

am. No. 45, 2005; No. 111, 2009

rep No 38, 2015

s. 20P........................................

ad. No. 142, 2000

am. No. 45, 2005; No 103, 2013

rep No 38, 2015

s. 20Q.......................................

ad. No. 142, 2000

rep No 38, 2015

s. 20R........................................

ad. No. 142, 2000

am. No. 45, 2005; No 103, 2013

rep No 38, 2015

s. 20S........................................

ad. No. 142, 2000

rep No 38, 2015

s. 20T........................................

ad. No. 142, 2000

rep No 38, 2015

s. 20U.......................................

ad. No. 142, 2000

am. No. 45, 2005; No. 111, 2009

rep No 38, 2015

s. 20V.......................................

ad. No. 142, 2000

am. No. 45, 2005; No. 111, 2009

rep No 38, 2015

s. 20W.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20X.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20Y.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20Z........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 20ZA.....................................

ad. No. 142, 2000

rep No 38, 2015

s. 20ZB.....................................

ad. No. 142, 2000

rep No 38, 2015

s. 20ZC.....................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s 20ZD......................................

ad No 142, 2000

rep No 38, 2015

s 20ZE......................................

ad No 142, 2000

rep No 38, 2015

s 20ZF.......................................

ad No 142, 2000

rep No 38, 2015

s 20ZG......................................

ad No 142, 2000

rep No 38, 2015

s 20ZH......................................

ad No 142, 2000

am No 103, 2013

rep No 38, 2015

Division 14................................

rep No 38, 2015

s. 21..........................................

am. No. 95, 2000

rs. No. 142, 2000

am. No. 45, 2005; No 62, 2014

rs No 38, 2015

s 21A........................................

ad No 142, 2000

am No 8, 2005; No 62, 2014

rep No 38, 2015

ad No 140, 2021

s. 21B........................................

ad. No. 142, 2000

am. Nos. 8 and 45, 2005 No 6, 2014

rep No 38, 2015

s. 21C........................................

ad. No. 142, 2000

rs. No. 8, 2005

am. No. 45, 2005; No 103, 2013

rep No 38, 2015

s. 21D.......................................

ad. No. 142, 2000

am. Nos. 8 and 45, 2005; No 103, 2013

rep No 38, 2015

s. 21E........................................

ad. No. 142, 2000

rep No 38, 2015

Division 15................................

rep No 38, 2015

s. 22..........................................

am. No. 95, 2000

rs. No. 142, 2000

am. No. 45, 2005; No. 111, 2009

rs No 38, 2015

Subdivision C

Subdivision C............................

ad No 140, 2021

s 22A........................................

ad No 142, 2000

am No 45, 2005; No 111, 2009

rep No 38, 2015

ad No 140, 2021

s 22AA......................................

ad No 140, 2021

s 22B.........................................

ad No 142, 2000

am No 45, 2005

rep No 38, 2015

ad No 140, 2021

s 22C.........................................

ad No 142, 2000

am No 103, 2013

rep No 38, 2015

ad No 140, 2021

s 22CA......................................

ad No 140, 2021

s 22D........................................

ad No 142, 2000

am No 103, 2013

rep No 38, 2015

ad No 140, 2021

s 22E.........................................

ad No 140, 2021

Division 16................................

rep No 38, 2015

Division 4

Division 4.................................

rs No 38, 2015

Subdivision A

s. 23..........................................

am. No. 95, 2000

rs. No. 142, 2000

am. No. 45, 2005; No. 111, 2009

rep No 109, 2014

ad No 38, 2015

s. 23A.......................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 23B........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 23C........................................

ad. No. 142, 2000

am. No. 45, 2005

rep No 38, 2015

s. 23D.......................................

ad. No. 142, 2000

am. Nos. 8 and 45, 2005; No 103, 2013

rep No 38, 2015

s. 24..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 24A.......................................

ad. No. 95, 2000

rep. No. 142, 2000

s. 25..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 26..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 26A.......................................

am. No. 95, 2000

rep. No. 142, 2000

s. 26B........................................

rep. No. 142, 2000

ss. 26C, 26D..............................

am. No. 95, 2000

rep. No. 142, 2000

s. 26E........................................

rep. No. 142, 2000

s. 26F........................................

ad. No. 95, 2000

rep. No. 142, 2000

s. 27..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 28..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 29..........................................

rep. No. 142, 2000

ad No 38, 2015

Subdivision B

s. 30..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 31..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 32..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 33..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 34..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 35..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

Subdivision C

s. 36..........................................

rep. No. 142, 2000

ad No 38, 2015

Division 5

Division 5 heading.....................

rs No 38, 2015

Division 5.................................

ad No 38, 2015

s. 37..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 38..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 39..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 40..........................................

rep. No. 142, 2000

ad No 38, 2015

ss. 40A–40H..............................

rep. No. 142, 2000

ss. 40J–40N...............................

rep. No. 142, 2000

s. 40P........................................

rep. No. 142, 2000

Division 6

Division 6..................................

rep No 109, 2014

ad No 38, 2015

Subdivision A

s. 41..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 42..........................................

rep. No. 142, 2000

ad No 38, 2015

Subdivision B

s. 43..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s 44...........................................

rep No 142, 2000

ad No 38, 2015

am No 140, 2021

ed C43

s. 45..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 46..........................................

rep. No. 142, 2000

ad No 38, 2015

ss. 46A–46F..............................

rep. No. 142, 2000

s. 47..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 48..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 49..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

Subdivision C

s. 50..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 51..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 52..........................................

rep. No. 142, 2000

ad No 38, 2015

Subdivision D

s. 53..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 54..........................................

am. No. 42, 1999

rep. No. 142, 2000

ad No 38, 2015

s. 55..........................................

rep. No. 142, 2000

ad No 38, 2015

Subdivision E

s. 56..........................................

am. No. 42, 1999

rep. No. 142, 2000

ad No 38, 2015

s. 57..........................................

am. No. 42, 1999; No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 58..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 59..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 60..........................................

am. No. 95, 2000

rep. No. 142, 2000

ad No 38, 2015

s. 61..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 61AA.....................................

ad. No. 95, 2000

rep. No. 142, 2000

ss. 61A, 61B..............................

rep. No. 142, 2000

s. 62..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 63..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 64..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 65..........................................

rep. No. 142, 2000

ad No 38, 2015

Subdivision F

s. 66..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 67..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 68..........................................

rep. No. 142, 2000

ad No 38, 2015

Subdivision G

s. 69..........................................

rep. No. 142, 2000

ad No 38, 2015

s. 70..........................................

rep. No. 142, 2000

ad No 38, 2015

Division 7

Division 7..................................

rs No 38, 2015

s. 71...........................................

rep. No. 142, 2000

ad No 38, 2015

s. 72...........................................

rep. No. 142, 2000

ad No 38, 2015

s. 73...........................................

rep. No. 142, 2000

ad No 38, 2015

s. 74...........................................

rep. No. 142, 2000

ad No 38, 2015

Part 3

Part 3.........................................

rep No 109, 2014

ad No 47, 2020

Division 1

s 75............................................

rep No 142, 2000

ad No 47, 2020

s 76............................................

rep No 142, 2000

ad No 47, 2020

s 76A.........................................

ad No 47, 2020

am No 36, 2024

s 76AA......................................

ad No 47, 2020

s 76AB.......................................

ad No 47, 2020

s 77............................................

rep No 142, 2000

ad No 47, 2020

s 78............................................

rep No 142, 2000

ad No 47, 2020

s 78A.........................................

ad No 47, 2020

s 79............................................

rep No 142, 2000

ad No 47, 2020

s 79A.........................................

ad No 47, 2020

Division 2

s 80............................................

rep No 142, 2000

ad No 47, 2020

s 81............................................

rep No 142, 2000

ad No 47, 2020

s 82............................................

rep No 142, 2000

ad No 47, 2020

s 83............................................

rep No 142, 2000

ad No 47, 2020

s 84............................................

rep No 142, 2000

ad No 47, 2020

s 85............................................

rep No 142, 2000

ad No 47, 2020

s 86............................................

rep No 142, 2000

ad No 47, 2020

s 87............................................

rep No 142, 2000

ad No 47, 2020

s 88............................................

rep No 142, 2000

ad No 47, 2020

Division 3

s 89............................................

rep No 142, 2000

ad No 47, 2020

s 90...........................................

rep No 142, 2000

am No 121, 2001 (amdt never applied (Sch 2 item 167))

ad No 47, 2020

s 91...........................................

rep No 142, 2000

ad No 47, 2020

s 92...........................................

rep No 142, 2000

ad No 47, 2020

s 92A........................................

ad No 47, 2020

Division 4

s 93...........................................

am No 44, 2012

rep No 109, 2014

ad No 47, 2020

s 94...........................................

am No 114, 2003; No. 24, 2005; No. 44, 2012

rep No 109, 2014

ad No 47, 2020

s. 94A.......................................

ad. No. 114, 2003

am No 103, 2013

rep No 109, 2014

s 95...........................................

am No 24, 2005; No 44, 2012

rep No 109, 2014

ad No 47, 2020

s 96...........................................

am No 33, 2000

rs No 24, 2005

rep No 109, 2014

ad No 47, 2020

am No 140, 2021

s 96A........................................

ad No 47, 2020

s 96B.........................................

ad No 47, 2020

Division 5

s 97...........................................

am No 24, 2005; No 45, 2005; No 44, 2012

rep No 109, 2014

ad No 47, 2020

Division 6

s 98...........................................

am No 44, 2012

rep No 109, 2014

ad No 47, 2020

s 99...........................................

rs No 142, 2000; No 114, 2003

rep No 109, 2014

ad No 47, 2020

Division 7

Subdivision A

s 100.........................................

am No 33, 2000;No 142, 2000; No 114, 2003; No 24, 2005; No 103, 2013

rep No 109, 2014

ad No 47, 2020

s. 100A.....................................

ad. No. 114, 2003

am. No. 45, 2005

rep No 109, 2014

s 101.........................................

am No 33, 2000; No 45, 2005

rep No 109, 2014

ad No 47, 2020

s. 101A.....................................

ad. No. 142, 2000

am. Nos. 8 and 45, 2005; No 103, 2013

rep No 109, 2014

s. 101B......................................

ad. No. 142, 2000

am No 103, 2013

rep No 109, 2014

s. 101C......................................

ad. No. 142, 2000

am. No. 114, 2003; No. 45, 2005

rep No 109, 2014

Division 4.................................

rs. No. 8, 2005

rep No 109, 2014

Subdivision B

s 102.........................................

rs No 8, 2005

am No 24, 2005; No 44, 2012

rep No 109, 2014

ad No 47, 2020

ed C41

s 102A......................................

ad No 47, 2020

s 102B.......................................

ad No 47, 2020

s 102C.......................................

ad No 47, 2020

Subdivision C

s 102D......................................

ad No 47, 2020

s 102E.......................................

ad No 47, 2020

am No 13, 2021

s 102F.......................................

ad No 47, 2020

s 102G......................................

ad No 47, 2020

s 102H......................................

ad No 47, 2020

s 102J........................................

ad No 47, 2020

s 102K......................................

ad No 47, 2020

s 102L.......................................

ad No 47, 2020

Subdivision D

s 102N......................................

ad No 47, 2020

am No 13, 2021

Division 8

Subdivision A

s 102P.......................................

ad No 47, 2020

s 102Q......................................

ad No 47, 2020

s 102R.......................................

ad No 47, 2020

s 102S.......................................

ad No 47, 2020

s 102T.......................................

ad No 47, 2020

Subdivision B

s 102U......................................

ad No 47, 2020

s 102V......................................

ad No 47, 2020

s 102W......................................

ad No 47, 2020

s 102X......................................

ad No 47, 2020

s 102Y......................................

ad No 47, 2020

Subdivision C

s 102Z.......................................

ad No 47, 2020

s 102ZA....................................

ad No 47, 2020

Division 9

s 102ZB....................................

ad No 47, 2020

s 102ZC....................................

ad No 47, 2020

s 102ZD....................................

ad No 47, 2020

s 102ZE....................................

ad No 47, 2020

s 102ZF.....................................

ad No 47, 2020

s 102ZFA..................................

ad No 47, 2020

s102ZFB...................................

ad No 47, 2020

s 102ZG....................................

ad No 47, 2020

s 102ZH....................................

ad No 47, 2020

Part 4

s. 106........................................

am. Nos. 44 and 169, 2012; No 38, 2015

s. 107........................................

am. No. 142, 2000; No 38, 2015

s. 109........................................

am. No. 95, 2000; No. 45, 2005; No. 44, 2012; No 38, 2015

Part 5

Division 1

Division 1 heading.....................

ad. No. 140, 2010

s. 113........................................

am. No. 45, 2005; No. 140, 2010

s. 114A.....................................

ad. No. 140, 2010

Division 2

Division 2 heading.....................

ad. No. 140, 2010

s. 115........................................

am. No. 45, 2005; No. 140, 2010

s. 117........................................

am. No. 45, 2005; No 103, 2013

s 117A......................................

am No 38, 2015

ss. 117B, 117C...........................

ad. No. 140, 2010

Division 3

Division 3.................................

ad. No. 140, 2010

ss. 117D–117F...........................

ad. No. 140, 2010

Division 4

Division 4 heading.....................

ad. No. 140, 2010

s. 118........................................

am. No. 45, 2005; No. 140, 2010; No 103, 2013

s. 119........................................

am. No. 45, 2005; No 38, 2015

s. 120........................................

am. No. 45, 2005; No. 140, 2010; No. 44, 2012; No 38, 2015

s. 120A.....................................

ad. No. 140, 2010

s. 122........................................

am. No. 140, 2010

s. 122A.....................................

ad. No. 140, 2010

s. 123........................................

am. No. 140, 2010

s. 124........................................

am. No. 45, 2005; No 103, 2013

s. 125........................................

am. No. 114, 2003; No. 45, 2005; No 103, 2013

Part 6

s. 127........................................

am. No. 8, 2010

s 128.........................................

am. No. 46, 2001; No. 114, 2003; No 3, 2014

ed C42

am No 36, 2024

s 129.........................................

am No 45, 2005; No 38, 2015

s 130.........................................

am No 45, 2005; No 36, 2024

s 131.........................................

am No 45, 2005; No 38, 2015; No 36, 2024

s 133A......................................

ad No 3, 2014

Part 7.........................................

rep No 109, 2014

s 134.........................................

am. No. 45, 2005

rep No 109, 2014

s 135.........................................

am No 45, 2005

rep No 109, 2014

s. 136........................................

am. No. 44, 2012

rep No 109, 2014

s 137.........................................

am No 45, 2005; No 103, 2013

rep No 109, 2014

s 138.........................................

am No 45, 2005

rep No 109, 2014

s 139.........................................

am No 45, 2005; No 103, 2013

rep No 109, 2014

s 140.........................................

am No 45, 2005; No 103, 2013

rep No 109, 2014

s 141.........................................

am No 45, 2005; No 103, 2013

rep No 109, 2014

s 142.........................................

am No 45, 2005; No 103, 2013

rep No 109, 2014

s 143.........................................

rep No 109, 2014

s 144.........................................

rep No 109, 2014

s. 145........................................

am. No. 45, 2005

rep No 109, 2014

Part 8

Division 1

Division 1 heading.....................

ad No 50, 2025

s 146.........................................

am No 45, 2005; No 50, 2025

Division 2

Division 2 heading.....................

ad No 50, 2025

s 147.........................................

am No 155, 2000; No 45, 2005; No 44, 2012; No 197, 2012; No 103, 2013; No 38, 2015; No 120, 2019; No 50, 2025

s 149.........................................

am No 50, 2025

s. 150........................................

am. No. 140, 2010; No 103, 2013

Division 3

Division 3.................................

ad No 50, 2025

s 151A......................................

ad No 50, 2025

s 151B.......................................

ad No 50, 2025

s 151C.......................................

ad No 50, 2025

s 151D......................................

ad No 50, 2025

Division 4

Division 4.................................

ad No 50, 2025

s 151E.......................................

ad No 50, 2025

s 151F.......................................

ad No 50, 2025

s 151G......................................

ad No 50, 2025

s 151H......................................

ad No 50, 2025

Division 5

Division 5.................................

ad No 50, 2025

s 151J........................................

ad No 50, 2025

s 151K......................................

ad No 50, 2025

s 151L.......................................

ad No 50, 2025

s 151M......................................

ad No 50, 2025

s 151N......................................

ad No 50, 2025

s 151P.......................................

ad No 50, 2025

Division 6

Division 6.................................

ad No 50, 2025

s 151Q......................................

ad No 50, 2025

s 151R.......................................

ad No 50, 2025

Part 9

Part 9 heading.............................

am No 140, 2021

s 152..........................................

am No 140, 2021

s 153..........................................

am No 140, 2021

s 154..........................................

am No 103, 2013

s 155..........................................

am No 103, 2013; No 140, 2021

s 156..........................................

am No 140, 2021

s 157..........................................

am No 103, 2013

s 158..........................................

am No 140, 2021

Part 9A......................................

rep No 38, 2015

s. 158A......................................

rs. No. 124, 2007

rep No 38, 2015

s. 158B......................................

am. No. 124, 2007

rep No 38, 2015

s. 158C......................................

am. No. 103, 2010

rep No 38, 2015

s. 158D......................................

am. No. 45, 2005

rep. No. 124, 2007

s. 158E.......................................

am. No. 124, 2007

rep No 38, 2015

s. 158F.......................................

am. No. 45, 2005

rep No 38, 2015

s. 158G......................................

rep. No. 124, 2007

s. 158H......................................

am. No. 45, 2005; No 103, 2013

rep No 38, 2015

s 158J........................................

rep No 38, 2015

s 158K.......................................

rep No 38, 2015

s 158L........................................

rep No 38, 2015

s 158M.......................................

rep No 38, 2015

s. 158N......................................

am. No. 124, 2007

rep No 38, 2015

Part 9B

Part 9B.......................................

ad. No. 117, 2005

Division 1

s. 158P.......................................

ad. No. 117, 2005

am. No. 124, 2007; No 62, 2014; No 126, 2015

s. 158Q......................................

ad. No. 117, 2005

Division 2

ss. 158R, 158S............................

ad. No. 117, 2005

s. 158T.......................................

ad. No. 117, 2005

am. No. 124, 2007

s. 158U......................................

ad. No. 117, 2005

s. 158V......................................

ad. No. 117, 2005

am. No. 46, 2011

ss. 158W–158Z...........................

ad. No. 117, 2005

ss. 158ZA–158ZD.......................

ad. No. 117, 2005

Part 9C.......................................

ad. No. 117, 2005

rep. No. 155, 2008

ss. 158ZE, 158ZF........................

ad. No. 117, 2005

rep. No. 155, 2008

ss. 158ZG–158ZJ........................

ad. No. 117, 2005

rep. No. 155, 2008

s. 158ZJA...................................

ad. No. 152, 2007

rep. No. 155, 2008

ss. 158ZK–158ZN.......................

ad. No. 117, 2005

rep. No. 155, 2008

ss. 158ZO–158ZR.......................

ad. No. 117, 2005

rep. No. 155, 2008

Part 10

s. 159.........................................

am. No. 45, 2005

rep No 109, 2014

s. 159A......................................

ad. No. 142, 2000

rep. No. 111, 2009

s. 159B......................................

ad. No. 117, 2005

am. No. 155, 2008

rep. No. 111, 2009