Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023

Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023

made under the

Telecommunications (Consumer Protection and Service Standards) Act 1999

Compilation No. 1

Compilation date: 5 May 2026

Includes amendments: F2026L00510

About this compilation

This compilation

This is a compilation of the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023 that shows the text of the law as amended and in force on 5 May 2026 (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 (www.legislation.gov.au).

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

6 Location-specific thresholds

7 Repeal

Part 2—Retail Performance Benchmarks

Division 1 Performance benchmarks

8 Performance benchmarks for connection period performance standard

9 Performance benchmarks for rectification period performance standard

10 Performance benchmark for appointment‑keeping performance standard

Division 2 Compliance with performance benchmarks

11 Contravention of a performance benchmark

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023.

3  Authority

  This instrument is made under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

4  Definitions

 (1) In this instrument:

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

ACMA means the Australian Communications and Media Authority.

appointment‑keeping performance standard means the standard specified in the CSG standard that requires a carriage service provider to keep an appointment to which the provider is a party.

carriage service provider has the same meaning as section 87 of the Telecommunications Act 1997.

connection period performance standard means in respect of an in-place connection request or a new connection request (as applicable):

(a)  the standard specified in the CSG Standard for connection in the relevant guaranteed maximum connection period; or

(b)  if an arrangement in the CSG Standard providing for a connection period that is either shorter or longer than the guaranteed maximum connection period is in place – the standard provided by that arrangement.

CSG service has the same meaning as in the CSG Standard.

CSG Standard means the instrument made under sections 115, 117 and 120 of the Act, as in force from time to time.

in-place connection means an “in-place connection” as described in the CSG Standard.

in-place connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that has an in-place connection.

major rural area means an urban centre or other recognised community grouping with a population greater than 2,500 but less than 10,000 people. 

minor rural area means an urban centre, locality or other recognised community grouping with a population of greater than 200 but not more than 2,500 people.

new connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that does not have an in-place connection and that site is in close proximity to external plant and facilities that have sufficient capacity to supply the service.

new CSG standard means the legislative instrument made by ACMA subject to the direction in section 6 of the Telecommunications (Customer Service Guarantee) Direction 2023.

qualifying carriage service provider means in respect of a benchmark period, a carriage service provider that on the last day of the financial year preceding that benchmark period, supplied 100,000 CSG services or more where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

rectification period performance standard means in respect of a fault or service difficulty reported to a carriage service provider by a customer (as applicable):

(a)  the standard specified in the CSG Standard for rectification in the relevant guaranteed maximum rectification period; or

(b)  if an arrangement in the CSG Standard providing for a rectification period that is either shorter or longer than the guaranteed maximum rectification period is in place – the standard provided by that arrangement.

remote area means a geographic area which is not an urban area, major rural area or minor rural area. 

rural area means an area that is either a major rural area or a minor rural area.

urban area means an urban centre with a population equal to or greater than 10,000 people.

 (2) Unless the contrary intention appears, expressions used in this instrument and in the CSG Standard have the same meaning in this instrument as in the CSG Standard.

 (3) For the purposes of this instrument, each of the following is taken to be a benchmark period:

 (a) the financial year in which this instrument commences; and

 (b) each financial year following.

6  Location-specific thresholds

For the purposes of this instrument, a qualifying carriage service provider for a benchmark period meets the relevant threshold as specified in paragraphs (a) – (e) below where the following circumstances (as applicable) are satisfied: 

(a) the urban area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 10,000 CSG services or more in urban areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services;

(b) the major rural area services threshold for a benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in major rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services;

(c) the minor rural area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in minor rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services;

(d) the rural area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services; or

(e) the remote area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 500 CSG services or more in remote areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

7  Repeal

 This instrument is repealed on the same day that the Telecommunications (Customer Service Guarantee) Standard 2023 is repealed or ceases to have effect.

Part 2—Retail Performance Benchmarks

Division 1 Performance benchmarks

8  Performance benchmarks for connection period performance standard

 (1) Each of the benchmarks at subsections (2) and (3) are minimum benchmarks for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the connection period performance standard.

 (2) A qualifying carriage service provider must comply with the connection period performance standard in respect of at least 90 percent of the total number of in‑place connection requests that:

 (a) are subject to the connection period performance standard; and

 (b) are required to be complied with by the carriage service provider during a benchmark period.

 (3) A qualifying carriage service provider must comply with the connection period performance standard in respect of at least 90 percent of:

 (a) if the carriage service provider meets the urban area services threshold for a benchmark period—the total number of new connection requests from customers in urban areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period; and

 (b) if the carriage service provider meets the major rural area services threshold for a benchmark period—the total number of new connection requests from customers in major rural areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period; and

 (c) if the carriage service provider meets the minor rural area services threshold for a benchmark period—the total number of new connection requests from customers in minor rural areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period; and

 (d)  if the carriage service provider meets the remote area services threshold for a benchmark period—the total number of new connection requests from customers in remote areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period.

9  Performance benchmarks for rectification period performance standard

(1)  Each of the benchmarks at subsection (2) are minimum benchmarks for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the rectification period performance standard.

(2)  Subject to subsection (3), a qualifying carriage service provider must comply with the rectification period performance standard in respect of at least 90 percent of:

 (a) if the carriage service provider meets the urban area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in an urban area that:

 (i) are subject to the rectification period performance standard; and

 (ii) are required to be rectified by the carriage service provider in the benchmark period; and

 (b) if the carriage service provider meets the rural area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in a rural area that:

 (i) are subject to the rectification period performance standard; and

 (ii) are required to be rectified by the carriage service provider in the benchmark period; and

 (c) if the carriage service provider meets the remote area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in a remote area that:

 (i) are subject to the rectification period performance standard; and

 (ii) are required to be rectified by the carriage service provider in the benchmark period.

(3)    In assessing compliance with the rectification period performance standard at paragraphs (2)(a) to (c), faults or service difficulties relating to an inoperative enhanced call handling feature on services that include an enhanced call handling feature are to be excluded from calculations required to be undertaken of the total number of faults or service difficulties reported by customers in either an urban, rural or remote area. 

10  Performance benchmark for appointment‑keeping performance standard

 (1) The benchmark at subsection (2) is a minimum benchmark for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the appointment‑keeping performance standard.

 (2) A qualifying carriage service provider must comply with the appointment‑keeping performance standard in respect of at least 90 percent of the total number of appointments to which the carriage service provider is a party that:

  (a) are subject to the appointment‑keeping performance standard; and

  (b) are required to be kept by the carriage service provider during a benchmark period.

Division 2 Compliance with performance benchmarks

11  Contravention of a performance benchmark

Each instance of a carriage service provider failing to meet or exceed any one of the performance benchmarks in sections 8, 9 or 10 constitutes a separate contravention of the relevant performance benchmark.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history