Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 (Amendment No. 1 of 2009) (Cth)

Commonwealth of Australia

Telecommunications (Consumer Protection and Service Standards) Act 1999

Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 (Amendment No. 1 of 2009)

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy make the following Determination under subsections 154 (1), 155 (1) and 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated: 28 May 2009.

STEPHEN MICHAEL CONROY

Minister for Broadband, Communications and the Digital Economy

____________

1          Name of Determination

This Determination is the Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 (Amendment No. 1 of 2009).

2          Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3          Variation

The Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 is varied as set out in the Schedule to this Determination.

Schedule           Amendments

(clauses 3, 20, 22, 23 and 30)

[1]   Clause 3

Omit “30 June 2009” and substitute “30 June 2010”.

[2]   Paragraph 20(2)(c)

Omit “2008/2009 financial year” and substitute “2009/2010 financial year”.

[3]   Subclause 22(2)

Omit “2008/2009 financial year” and substitute “2009/2010 financial year”.

[4]   Subclause 23(2)

Omit subclause and insert:

“(2) If:

(a)        the value of the price movement of the first basket of services over the 2009/2010 financial year is greater than the price-cap for that financial year (as varied in accordance with this Determination) for the relevant basket plus 0.2 percentage points; and

(b)        clauses 11, 12 and 13 continue to apply in the 2010/2011 financial year in accordance with clause 30 as if this Determination had not expired;

the price-cap for the relevant basket in the 2010/2011 financial year is

taken to be varied by the unexercised amount of the price-cap for the

2009/2010 financial year.”

[5]   Subclause 23(3)

Omit subclause and insert:

“(3) If:

(a)     the value of the price movement of the second, third or fourth

basket of services over the 2009/2010 financial year is greater than the price-cap for that financial year (as varied in accordance with this Determination) for the relevant basket plus 0.1 percentage points; and

(b)           clauses 11, 12 and 13 continue to apply in the 2010/2011 financial year in accordance with clause 30 as if this Determination had not expired;

the price-cap for the relevant basket in the 2010/2011 financial year is taken

to be varied by the unexercised amount of the price-cap for the 2009/2010

financial year.”

[6]   Part 6 Title

Omit “2009/2010” and substitute “2010/2011”.

[7]   Clause 30

Omit “2009/2010 financial year” and substitute “2010/2011 financial year”.