Telecommunications Universal Service Management Agency Regulation 2012
Select Legislative Instrument No. 123, 2012 as amended
made under the
Telecommunications Universal Service Management Agency Act 2012
Compilation start date: 21 May 2013
Includes amendments up to: SLI No. 68, 2013
About this compilation
The compiled instrument
This is a compilation of the Telecommunications Universal Service Management Agency Regulation 2012 as amended and in force on 21 May 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 18 June 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provision ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
1 Name of regulation
2 Commencement
3 Definitions
4 Public interest telecommunications services—specified policy objectives
Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
Endnote 3—Uncommenced amendments [none]
Endnote 4—Misdescribed amendments [none]
1 Name of regulation
This regulation is the Telecommunications Universal Service Management Agency Regulation 2012.
2 Commencement
This regulation commences on 1 July 2012.
3 Definitions
In this regulation:
Act means the Telecommunications Universal Service Management Agency Act 2012.
internet service provider has the same meaning as in the Telecommunications Act 1997.
SMS relay service means a service that allows users of the National Relay Service to communicate using SMS.
Note: SMS is short for short message service.
standard zone has the meaning given by section 108 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
video relay service means a service that allows persons who:
(a) are deaf: or
(b) have a hearing and/or speech impairment;
to communicate with other persons using video as well as voice.
4 Public interest telecommunications services—specified policy objectives
(1) For paragraph 11(f) of the Act, a policy objective for Part 2 of the Act is that all persons in Australia outside a standard zone are to have access to untimed calls on a basis that is comparable to the access provided to persons in standard zones for calls made:
(a) using a standard telephone service; or
(b) using a payphone; or
(c) to an internet service provider using a data network access number.
(2) For paragraph 11(f) of the Act, a policy objective for Part 2 of the Act is that an SMS relay service is reasonably accessible to all persons in Australia who:
(a) are deaf; or
(b) have a hearing and/or speech impairment.
(3) For paragraph 11(f) of the Act, a policy objective for Part 2 of the Act is that a video relay service is reasonably accessible to all persons in Australia who communicate in Auslan.
(4) For paragraph 11(f) of the Act, a policy objective for Part 2 of the Act is that a software application is reasonably available to assist all users of the National Relay Service in communication with emergency call services.
Endnotes
Endnote 1—Legislation history
This endnote sets out details of the legislation history of the Telecommunications Universal Service Management Agency Regulation 2012.
Number and year | FRLI registration date | Commencement
date | Application, saving and transitional provisions |
123, 2012 | 29 June 2012 (see F2012L01430) | 1 July 2012 | |
68, 2013 | 20 May 2013 (see F2013l00801) | 21 May 2013 | — |
Endnote 2—Amendment history
This endnote sets out the amendment history of the Telecommunications Universal Service Management Agency Regulation 2012.
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect |
Provision affected | How affected |
s. 3..................... | am. No. 68, 2013 |
s. 4..................... | am. No. 68, 2013 |
Endnote 3—Uncommenced amendments [none]
There are no uncommenced amendments.
Endnote 4—Misdescribed amendments [none]
There are no misdescribed amendments.
Overview
The Telecommunications Universal Service Management Agency Regulation 2012, issued under the Telecommunications Universal Service Management Agency Act 2012, was enacted to address the need for ensuring that all Australians have access to essential telecommunications services, particularly those living outside standard zones, and to support the accessibility needs of individuals with disabilities. This regulation, which commenced on 1 July 2012, was formulated by the relevant legislature to define the terms and specify policy objectives related to public interest telecommunications services. These objectives include providing equitable access to untimed calls for those outside standard zones, ensuring reasonable accessibility to SMS relay services for individuals who are deaf or have hearing and/or speech impairments, facilitating video relay services for Auslan users, and making software applications available to assist users of the National Relay Service in communicating with emergency call services. The regulation thus aims to bridge gaps in telecommunications access and support for vulnerable groups within the community.
Scope and Application
The Telecommunications Universal Service Management Agency Regulation 2012, as amended, is a legislative instrument made under the Telecommunications Universal Service Management Agency Act 2012. This regulation applies to all persons and entities within Australia, focusing on ensuring that telecommunications services meet specified policy objectives that are crucial for public interest. These objectives include providing equitable access to untimed calls for individuals outside standard zones, ensuring reasonable accessibility to SMS relay services for those who are deaf or have hearing and speech impairments, and making video relay services available to all persons in Australia who communicate in Auslan. Additionally, the regulation mandates that software applications be reasonably available to assist users of the National Relay Service in communicating with emergency call services. The regulation’s geographic reach is national, and it extends its application through subordinate instruments, ensuring that it remains adaptable to new developments and amendments in telecommunications policy and services.
Key Provisions
The Telecommunications Universal Service Management Agency Regulation 2012, which was amended and came into effect on 21 May 2013, outlines several key provisions related to the management of universal service obligations in the telecommunications sector. Section 1 specifies that the regulation is named the Telecommunications Universal Service Management Agency Regulation 2012 and it commenced on 1 July 2012. The definitions section (section 3) provides clarifications on terms such as "internet service provider," "SMS relay service," and "video relay service," which are essential for understanding the obligations and scope of the regulation. Section 4 details the policy objectives concerning public interest telecommunications services, including the provision of untimed calls for all Australians outside standard zones, accessibility of SMS relay services for deaf individuals and those with hearing and/or speech impairments, availability of video relay services for Auslan users, and the provision of software applications to aid communication with emergency services for users of the National Relay Service.
Under this regulation, telecommunications service providers, including internet service providers, are obligated to ensure that all Australians outside standard zones have access to untimed calls on a basis comparable to those in standard zones. This includes calls made using a standard telephone service, payphones, and internet service providers using a data network access number. Furthermore, providers must make SMS relay services reasonably accessible to individuals who are deaf or have hearing and/or speech impairments. Video relay services must also be reasonably accessible to all persons in Australia who communicate in Auslan, and software applications should be reasonably available to assist users of the National Relay Service in communicating with emergency call services. These obligations are aimed at ensuring equitable access to essential telecommunications services across the country.
Failure to comply with the obligations outlined in the regulation can lead to various consequences. Although the specific penalties for non-compliance are not detailed in the regulation, breaches of telecommunications regulations generally attract significant penalties under the overarching Telecommunications Act 1997 and other related laws. For example, civil penalties can include substantial fines, and in more severe cases, criminal penalties may apply. These can range from fines to imprisonment, depending on the nature and severity of the breach. Additionally, non-compliance can result in reputational damage, loss of consumer trust, and potential legal actions from affected parties. Therefore, it is crucial for service providers to adhere to these policy objectives to avoid the severe repercussions of non-compliance.