Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 110 (3) of the Telecommunications Act 1997.
Dated 21 December 2001 A.J SHAW
Chair R HORTON
Deputy Chair
Australian Communications Authority
Contents
Page
1 Name of Determination 2
2 Commencement 2
3 Definitions 2
4 Application 2
5 Specification of telecommunications activity 2
6 Determination of section of telecommunications industry 2
1 Name of Determination
This Determination is the Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001Telecommunications (Section of Telecommunications Industry) Determination No.2 of 2001.
2 Commencement
This Determination commences on the day it is madeXXXXXXXXXX 2001.
3 Definitions
In this Determination:
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
NRS means the National Relay Service as defined in section 95 of the Act.
NRSP means a person who provides a the NRS.
4 Application
This Determination applies to any person who is an NRSP.
5 Specification of Telecommunications Activity
For the purposes of this Determination, the telecommunications activity is the supply of the NRS.
6 Section of Telecommunications Industry
Persons to whom this Determination applies who carry on, or propose to carry on, the telecommunications activity mentioned in section 5 are determined to constitute the section of the telecommunications industry to be identified as the “National Relay Service Provider”.
Overview
The Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001 was made by the Australian Communications Authority under the Telecommunications Act 1997. This Determination was introduced to address the need for specific regulatory oversight of the National Relay Service (NRS), which provides critical relay services for the hearing and speech impaired community. The NRS was identified as a distinct section within the telecommunications industry, warranting focused regulatory attention to ensure the delivery of high-quality and reliable services. The policy objective of this Determination is to ensure that the NRS operates under appropriate regulatory conditions that protect consumers and maintain service standards.
Scope and Application
The Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001 applies to any person who provides the National Relay Service (NRSP) as defined in the Telecommunications (Consumer Protection and Service Standards) Act 1999. This Determination was made under subsection 110(3) of the Telecommunications Act 1997 and commenced on the day it was made, 21 December 2001. The specified telecommunications activity covered by this Determination is the supply of the National Relay Service, and those persons providing this service are identified as constituting the “National Relay Service Provider” section of the telecommunications industry. The Determination applies nationally, impacting NRSPs across Australia. There are no stated exclusions, exemptions, or thresholds within the text of the Determination itself; however, the scope and application of the Determination may be extended or restricted through subordinate instruments.
Key Provisions
The Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001, made under subsection 110(3) of the Telecommunications Act 1997, specifies the National Relay Service (NRS) as a distinct section of the telecommunications industry. This Determination applies to any person providing the NRS, as defined in section 3, and the telecommunications activity in question is the supply of the NRS (section 5). The primary function of this Determination is to identify those who provide the NRS as part of a specific industry section, namely the “National Relay Service Provider” (section 6).
Under this Determination, any person who provides the NRS is required to adhere to the regulations and standards applicable to this industry section. This includes compliance with consumer protection and service standards as outlined in the Telecommunications (Consumer Protection and Service Standards) Act 1999, which is referenced in the definitions (section 3). The Determination ensures that those involved in providing the NRS meet certain criteria and maintain the quality and reliability of the service they offer.
Failure to comply with the requirements set out in this Determination could result in legal consequences. While the Determination itself does not specify penalties, breaches of related legislation, such as the Telecommunications (Consumer Protection and Service Standards) Act 1999, could lead to enforcement actions, fines, or other civil or criminal penalties as outlined in that Act. The exact nature and severity of these consequences would depend on the specific breach and the provisions of the applicable legislation.