Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2005A00024 In force Act

Legislation content

 

 

 

 

 

 

Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005

 

No. 24, 2005

 

 

 

 

 

An Act to amend the Telecommunications (Consumer Protection and Service Standards) Act 1999, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments relating to the National Relay Service

Part 1—Amendments commencing on Royal Assent

Telecommunications (Consumer Protection and Service Standards) Act 1999

Part 2—Amendments consequential on item 437 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005

Telecommunications (Consumer Protection and Service Standards) Act 1999

 

 

 

Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005

No. 24, 2005

 

 

 

An Act to amend the Telecommunications (Consumer Protection and Service Standards) Act 1999, and for related purposes

[Assented to 21 March 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

21 March 2005

2.  Schedule 1, Part 1

The day on which this Act receives the Royal Assent.

21 March 2005

3.  Schedule 1, Part 2

Immediately after the commencement of item 437 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005.

However, the provision(s) covered by this table item do not commence at all if:

(a) item 437 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005 commences before the day on which this Act receives the Royal Assent; or

(b) item 437 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005 does not commence.

Does not commence

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments relating to the National Relay Service

Part 1—Amendments commencing on Royal Assent

Telecommunications (Consumer Protection and Service Standards) Act 1999

1  Section 94 (definition of NRS contract)

Repeal the definition, substitute:

NRS contract means a contract under which the whole, or a part, of the National Relay Service is provided.

2  Section 94 (definition of NRS provider)

Repeal the definition, substitute:

NRS provider means a person who provides the whole, or a part, of the National Relay Service.

3  Paragraph 95(1)(b)

Repeal the paragraph, substitute:

 (b) either:

 (i) is provided by a person under a contract with the Commonwealth; or

 (ii) is provided by 2 or more persons under contracts with the Commonwealth (with each of the persons providing a part of the service).

4  Subsection 95(2)

Repeal the subsection, substitute:

 (2) Each NRS contract must provide for the relevant NRS provider to prepare service plans for so much of the NRS as is covered by the contract. The service plan must include at least the following matters:

 (a) timetables for the supply of so much of the NRS as is covered by the contract;

 (b) performance standards to be met by the NRS provider.

5  Section 96

Repeal the section, substitute:

96  Publication of costs of providing the NRS

 (1) Before the start of each levy quarter, each NRS provider must give the Minister a written estimate of the total cost of the provider in providing the NRS (or part of the NRS) during the quarter. The estimate must be prepared in accordance with the relevant NRS contract. The Minister must cause to be published in the Gazette the total amount notified to the Minister under this subsection for the quarter.

 (2) On or before the 21st day of the third month after the end of each levy quarter, each NRS provider must give the Minister a written statement of the total cost of the provider in providing the NRS (or part of the NRS) during the quarter. The statement must be prepared in accordance with the relevant NRS contract. The Minister must cause to be published in the Gazette the total amount notified to the Minister under this subsection for the quarter.

6  Subsections 97(1) and (2)

Omit “the NRS provider”, substitute “each NRS provider”.

7  Subsection 100(2) (note)

Omit “1997”, substitute “1998”.

8  Subsection 102(3)

Omit “the NRS provider under the NRS contract”, substitute “NRS providers under NRS contracts”.


Part 2—Amendments consequential on item 437 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005

Telecommunications (Consumer Protection and Service Standards) Act 1999

9  Subsection 102(3)

Omit “the NRS provider under the NRS contract”, substitute “NRS providers under NRS contracts”.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 10 February 2005

Senate on 7 March 2005]

(01/05)

 

Overview

The Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005 was enacted to address deficiencies in the existing legislative framework governing the National Relay Service (NRS), which facilitates communication for people who are deaf, hard of hearing, or have a speech impediment. This Act amends the Telecommunications (Consumer Protection and Service Standards) Act 1999 to improve the clarity and effectiveness of the NRS, ensuring that service standards and financial reporting requirements are more comprehensively addressed. Enacted by the Parliament of Australia, the policy objective of the Act is to enhance the transparency and accountability of NRS providers by establishing clearer definitions, reporting requirements, and service standards. The amendments include updated definitions of key terms such as "NRS contract" and "NRS provider", as well as new provisions for the preparation and publication of service plans and cost estimates by NRS providers.

Scope and Application

The Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005 amends the Telecommunications (Consumer Protection and Service Standards) Act 1999 to incorporate provisions relating to the National Relay Service (NRS). This Act applies to entities that provide the NRS, referred to as NRS providers, and the contracts under which these services are provided, known as NRS contracts. The legislative changes commence on Royal Assent, with certain provisions dependent on the commencement of item 437 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005. The amendments redefine and expand the scope of NRS contracts and NRS providers, mandate the preparation and publication of service plans and cost estimates by NRS providers, and adjust certain references within the primary Act to reflect these changes. The jurisdictional reach of the Act is national, as it amends Commonwealth legislation. There are no explicit exclusions or exemptions within the text of the Act itself, though subordinate instruments may further define or restrict application.

Key Provisions

The Telecommunications (Consumer Protection and Service Standards) Amendment (National Relay Service) Act 2005 (Act) amends the Telecommunications (Consumer Protection and Service Standards) Act 1999 (1999 Act). The Act introduces several changes to the 1999 Act in relation to the National Relay Service (NRS). These amendments include new definitions for "NRS contract" and "NRS provider" (sections 94 of the Act), changes to the criteria for service provision under an NRS contract (paragraph 95(1)(b) of the Act), and new requirements for NRS providers to prepare service plans (subsection 95(2) of the Act). Additionally, the Act mandates that each NRS provider must submit written estimates and statements of costs to the Minister before specific deadlines and require these costs to be published in the Gazette (sections 96 of the Act). The Act imposes several obligations on NRS providers. Firstly, they must provide service plans that include timetables for service supply and performance standards (subsection 95(2) of the Act). Secondly, NRS providers must submit written estimates and statements of the total costs of providing the NRS before the start of and after the end of each levy quarter, respectively (section 96 of the Act). These documents must be prepared in accordance with the relevant NRS contract, and the Minister is required to publish the total amounts notified in the Gazette. Failure to comply with these obligations may lead to enforcement actions. Breaching the obligations set out in the Act can result in enforcement actions and penalties. While the Act does not specify criminal or civil penalties for non-compliance, the 1999 Act provides a framework under which enforcement actions can be taken. For instance, non-compliance with service standards or failure to provide required documentation can lead to penalties, including fines. The exact penalties depend on the specific breach and are detailed in the 1999 Act. The seriousness of the breach and the impact on consumers will be considered when determining the appropriate penalty.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Amending Act
Concepts
Commencement Provisions
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

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