Telecommunications (Consumer Protection and Service Standards) (Specified Positions) Designation 2022
I, Paul Fletcher, Minister for Communications, Urban Infrastructure, Cities and the Arts, make the following designation.
Dated 3/3/22
Paul Fletcher
Minister for Communications, Urban Infrastructure, Cities and the Arts
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Specified Positions
1 Name
This instrument is the Telecommunications (Consumer Protection and Service Standards) (Specified Positions) Designation 2022.
2 Commencement
(1) Each provision of this instrument 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 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument. | At the same time as Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021 commences. However, the provisions do not commence at all if the Schedule does not commence. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 22B(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 4(2) of the Acts Interpretation Act 1901.
4 Definitions
In this instrument:
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
5 Specified Positions
Each Senior Executive Service Band 1 or Band 2 employee in the Department with direct responsibility for the Telstra USO Performance Agreement, is designated for the purposes of subsection 22B(1) of the Act, including (without limitation), a person who from time to time, holds or performs the duties of the following positions:
(a) First Assistant Secretary, Communications Services and Consumer;
(b) Assistant Secretary, Consumer Safeguards; and
(c) Assistant Secretary, Universal Service Guarantee.
Overview
The Telecommunications (Consumer Protection and Service Standards) (Specified Positions) Designation 2022, made by Paul Fletcher, the Minister for Communications, Urban Infrastructure, Cities and the Arts, was enacted to address specific roles within the Department that have direct responsibility for the Telstra Universal Service Obligation Performance Agreement. This notifiable instrument designates certain positions within the Department to ensure that these roles are subject to the consumer protection and service standards outlined in the Telecommunications (Consumer Protection and Service Standards) Act 1999. The instrument was designed to clarify and strengthen the regulatory oversight of these positions to better protect consumers and uphold service standards in the telecommunications sector. It was made under the authority of subsection 22B(2) of the Act and subsection 4(2) of the Acts Interpretation Act 1901.
Scope and Application
The Telecommunications (Consumer Protection and Service Standards) (Specified Positions) Designation 2022I, made under the authority of the Telecommunications (Consumer Protection and Service Standards) Act 1999, designates specific positions within the Department responsible for direct oversight of the Telstra Universal Service Obligation Performance Agreement. This instrument applies to Senior Executive Service Band 1 or Band 2 employees who have direct responsibility for the agreement, including those who hold or perform the duties of positions such as First Assistant Secretary, Communications Services and Consumer; Assistant Secretary, Consumer Safeguards; and Assistant Secretary, Universal Service Guarantee. The instrument's provisions commence at the same time as Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021, with the condition that they do not commence at all if the Schedule does not. The instrument's scope is confined to the specified positions within the Department, and it does not extend to other entities or industries outside of this scope. There are no stated exclusions, exemptions, or thresholds within the instrument itself, although application and interpretation may be further refined through subordinate instruments.
Key Provisions
The Telecommunications (Consumer Protection and Service Standards) (Specified Positions) Designation 2022 (sections 1-5) designates certain senior positions within the Department as specified under the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the "Act"). This designation takes effect concurrently with the commencement of Schedule 2 to the Telstra Corporation and Other Legislation Amendment Act 2021, provided that Schedule 2 commences. However, if Schedule 2 does not commence, the provisions of this instrument will not come into effect at all. This instrument is made under the authority granted by subsection 22B(2) of the Act and subsection 4(2) of the Acts Interpretation Act 1901.
The Act imposes obligations on designated employees to ensure compliance with consumer protection and service standards, particularly in relation to the Telstra Universal Service Obligation Performance Agreement. This includes the duty to oversee the implementation and monitoring of service standards and consumer protection measures as they pertain to telecommunications services. The designated positions, such as First Assistant Secretary, Communications Services and Consumer, Assistant Secretary, Consumer Safeguards, and Assistant Secretary, Universal Service Guarantee, are tasked with ensuring that the telecommunications industry adheres to the stipulated consumer protection and service standards.
Breach of the obligations under the Act may lead to various consequences. While the specific penalties are not detailed in this instrument, the Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, and in some cases, criminal penalties can result in imprisonment. The exact penalties are determined by the courts and can vary depending on the severity and circumstances of the breach. Designated employees are expected to uphold the standards set forth in the Act to avoid these consequences.