Telstra Corporation Limited—Variation of Approved Standard Marketing Plan Notice No. 1 of 2001

Administered by Department of Communications and the Arts

Legislation au F2004B00468 Not in force Legislative Instrument

Legislation content

Commonwealth of Australia

 

Telecommunications (Consumer Protection

and Service Standards) Act 1999

Telstra Corporation Limited—Variation of Approved Standard Marketing Plan

Notice No. 1 of 2001

 

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications,  Information Technology and the Arts, under subsection 12Y(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (‘the Act’), require Telstra Corporation Limited (‘Telstra’), as the primary universal service provider for the whole of Australia in respect of the obligations referred to in subsection 9(1) of the Act, to give the ACA a draft variation of its approved standard marketing plan (‘the current plan’) as soon as practicable and, in any event, within 2 weeks of the date of this notice, in the terms set out in the notice.

Dated 28 August 2001.

 

 

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

 

 

1                                  Connection times in remote locations without infrastructure

The draft variation of the current plan must vary the current plan so that it includes a commitment:

(a) in relation to a request of a customer for the connection of a standard telephone service for the purposes of the current plan in a remote location without infrastructure that Telstra receives on or after the commencement of the variation—to connect the standard telephone service within 6 months from the date of the request or such later date as is requested by or arranged with the customer; and

(b) in relation to a request of a customer for the connection of a standard telephone service for the purposes of the current plan in a remote location without infrastructure that Telstra receives before the commencement of the variation—to connect the standard telephone service within:

(i) 6 months from the commencement of the variation or such later date as is requested by or arranged with the customer; or

(ii) the period within which the customer was entitled to a connection under the current plan as in force before the commencement of the variation;

 whichever is the lesser.

Note:  Examples of arrangements with the customer for connection at a later date for the purposes of this clause include the following:

  1. Telstra and the customer agree to a specific date.
  2. The customer is provided with an interim or alternative service.

2  Interim services

(1)         Subject to this clause, the draft variation of the current plan must vary the current plan so that where:

(a)         a customer has requested the connection of a standard telephone service for the purposes of the current plan; and

(b)         Telstra receives this request on or after 15 October 2001; and

(c)         the service cannot be provided within 30 working days of the customer’s request;

the current plan includes a commitment to offer a customer an interim service and:

(d)         where the customer accepts the offer within one working day of the offer being made—to provide the interim service within 30 working days of the customer’s request; and

(e)         where the customer accepts the offer on a day after the next working day after the offer is made—to provide the interim service within a period that is the sum of 30 working days of the customer’s request and the number of days that elapse between the next working day after the offer is made and the acceptance of the offer.

(2)         Subject to this clause, the draft variation of the current plan must vary the current plan so that where:

(a)         a customer has requested the connection of a standard telephone service for the purposes of the current plan; and

(b)         Telstra receives this request before 15 October 2001; and

(c)         the service cannot be provided within 30 working days of the customer’s request;

the current plan includes a commitment to offer a customer an interim service and:

(d)         where the customer accepts the offer within one working day of the offer being made—to provide the interim service within 30 working days of 15 October 2001; and

(e)         where the customer accepts the offer on a day after the next working day after the offer is made—to provide the interim service within a period that is the sum of 30 working days of 15 October 2001 and the number of days that elapse between the next working day after the offer is made and the acceptance of the offer.

(3)         Subject to this clause, the draft variation of the current plan must vary the current plan so that where:

(a)         Telstra receives a report of a fault in relation to an inoperative standard telephone service of a customer provided under the current plan on or after 15 October 2001; and

(b)         the fault cannot be rectified within 5 working days after Telstra receives the report;

the current plan includes a commitment to offer a customer an interim service within 4 working days after Telstra receives the report and:

(c)         where the customer accepts the offer within one working day of the offer being made, to provide the interim service:

(i) where the site at which the interim service is to be supplied is within an urban centre with a population equal to or greater than 10,000 people—within 6 working days of Telstra receiving the report; or

(ii) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people and less than 10,000 people—within 7 working days of Telstra receiving the report; or

(iii) in any other case—within 8 working days of Telstra receiving the report; or

 (d) where the customer accepts the offer on a day after the next working day after the offer is made, to provide the interim service:

(i) where the site at which the interim service is to be supplied is within an urban centre with a population equal to or greater than 10,000 people—within a period that is the sum of 6 working days of Telstra receiving the report and the number of working days that elapse between the next working day after the offer is made and the acceptance of the offer; or

(ii) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people and less than 10,000 people—within a period that is the sum of 7 working days of Telstra receiving the report and the number of working days that elapse between the next working day after the offer is made and the acceptance of the offer; or

(iii) in any other case—within a period that is the sum of 8 working days of Telstra receiving the report and the number of working days that elapse between the next working day after the offer is made and the acceptance of the offer.

Note:  More information about the current method of delimitation of urban centres and localities, together with a listing of current urban centres and localities, may be found in the Australian Bureau of Statistics publication entitled Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 1996 Cat. No. 2909.0.

(4)         Subject to this clause, the draft variation of the current plan must vary the current plan so that it includes a commitment:

(a) as soon as practicable after receiving an application for an interim service from a customer and, in any event:

 (i) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people—within 2 working days of receiving the request; or

(ii) in any other case—within 3 working days of receiving the request;

to provide the customer with an interim service where the customer’s standard telephone service provided under the current plan has been inoperative on 3 or more occasions for a total period of 14 days or more within the previous 12 month period beginning on 15 October 2001; and

(b) unless the customer otherwise agrees, to continue to provide the customer with the interim service for:

 (i) the period during which the customer’s standard telephone service remains inoperative; or

(ii)         a period of 14 days;

    whichever is the longer.

  (5) Subject to this clause, the draft variation of the current plan must vary the current plan so that it includes a commitment that:

(a)         if a customer has been provided with an interim service in accordance with subclause (4); and

(b)         the customer’s standard telephone service is restored; and

(c)         the service becomes inoperative within 12 months of its restoration; and

(d)         the customer, or a person on behalf of the customer, reports the fault to Telstra;

Telstra will:

(e)         as soon as practicable after receiving a report by or on behalf of a customer, offer the customer an interim service; and

(f)          if the customer accepts the offer, provide the interim service as soon as practicable and in any event:

 (i) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people—within 2 working days of the customer’s acceptance of the offer; or

(ii) in any other case—within 3 working days of the customer’s acceptance of the offer; and

(g)         unless the customer otherwise agrees, continue to provide the customer with the interim service for:

 (i) the period during which the customer’s standard telephone service provided under the current plan remains inoperative; or

(ii)         a period of 14 days;

 whichever is the longer.

(6) Subject to subclause (7), for the purposes of subclauses (1), (2), (3), (4) and (5), the draft variation of the current plan may vary the current plan so that it enables Telstra to offer customers a choice between an interim service and an alternative service.

Note:  The ACA may make a written determination specifying the form of an offer of an alternative service.

(7) The draft variation of the current plan must vary the current plan so that it includes a commitment that, if Telstra offers a customer an interim service and an alternative service, Telstra will provide the customer with sufficient information about:

(a)         the functionality of each service; and

(b)         the terms and conditions of supply of each service;

to enable the customer to make an informed judgment about the relative merits of each service.

Note:  The ACA may make a written determination specifying what constitutes sufficient information for the purposes of subclause (7).

(8) The draft variation of the current plan must vary the current plan so that it includes a commitment that, where a customer accepts an offer of an alternative service but subsequently requests Telstra for an interim service, Telstra will provide an interim service to the customer instead of the alternative service as soon as practicable after receiving the request.

(9) The draft variation of the current plan may vary the current plan to provide that Telstra is exempt from complying with this clause to the extent that non-compliance with the clause is a result of circumstances beyond the control of Telstra that include (but are not limited) to the following circumstances:

(a)         damage to a facility of Telstra that is not caused by Telstra;

(b)         natural disasters, or extreme weather conditions, that:

(i) cause widespread service outages; and

(ii) restrict connection to an interim service or an alternative service;

(c)         Telstra is requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services restricts connection to an interim service or an alternative service;

(d)         Telstra is prevented from connecting an interim service or an alternative service because Telstra is unable to obtain lawful access to land or a facility;

(e)         a law of the Commonwealth, or of a State or a Territory, otherwise prevents Telstra from complying with this clause;

(f)          Telstra is unable to make an appointment with a customer to install an interim service or an alternative service and demonstrate its operation.

(10) However, Telstra is not exempt from compliance with this clause unless it has procedures in place to ensure that it does not rely on the exemption in circumstances that are not beyond its control.

(11) In paragraph 9(c):

public authority means:

(a)         the Commonwealth, a State or a Territory; or

(b)         a Commonwealth, State or Territory authority, including:

(i) a police force or service; and

(ii) a fire service; and

(iii) an ambulance service; and

(iv) a local government service.

3   Widespread service outages

 The draft variation of the current plan must vary the current plan so that it includes arrangements for meeting the emergency needs of end-users of standard telephone services provided under the current plan where widespread service outages occur.

4   Customer emergencies

 The draft variation of the current plan must vary the current plan so that it includes arrangements for offering an interim service as soon as practicable, pending the connection of a new standard telephone service for the purposes of the current plan or the repair of an existing standard telephone service, to customers who require access to such a service for emergency-related reasons.

  Note:  An example of emergency-related reasons includes a life-threatening illness.

5   Definitions

   In this notice:

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

alternative service means a service that provides a customer  with access to a telephone service.

Note:  An example of an alternative service is a call diversion to a mobile telephone service or to a second fixed telephone service.

customer means:

(a)         a customer of Telstra; or

(b)         a person who requests, or has requested, the connection of a standard telephone service from Telstra;

but does not include a carrier or a carriage service provider.

external plant facility means a facility that is:

(a)         not located in a telephone exchange; and

(b)         accessible by Telstra to connect a customer to a standard telephone service.

inoperative, in relation to a  standard telephone service, means:

(a)         an absence of dial or ring tone; or

(b)         an inability to make or receive calls.

interim service means a service that satisfies the requirements (if any) specified in a written instrument made by the ACA:

(a)         that provides a customer with:

 (i) a service for voice telephony; or

(ii) a service equivalent to a service for voice telephony where voice telephony is not practical for a customer with a disability;

which may or may not include at the provider’s discretion a data capability or any enhanced call handling feature; and

(b)         for which that customer is, or may be, charged an amount for the ongoing supply of that service at the location requested by the customer that does not exceed the amount that the customer would have been charged if the customer were supplied on request with a standard telephone service; and

(c)         that is supplied to a customer:

(i)           if the location requested by the customer is a remote location without infrastructure and the supply of the service is no later than 14 April 2003:

(A)       for a period that does not exceed 12 months from the time of the customer’s request for the connection of a standard telephone service; or

(B)       with the agreement of the customer, for a longer period; and

(ii)         in any other case:

(A)       for a period that does not exceed 6 months from the time of the customer’s request for the connection of a standard telephone service; or

(B)        with the agreement of the customer, for a longer period.

Note:  An example of the provision of an interim service is the provision of a mobile telephone service (at standard telephone service rates) to replace a standard telephone service.

remote location without infrastructure means:

(a)         a site that is not within a standard zone where the site is either:

(i)                not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or

(ii)              in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request; or

(b)         a site that is within a standard zone but not within:

(i)                an urban centre; or

(ii)              a locality or other recognised community grouping with a population equal to or greater than 200 people;

where the site is either:

(iii)           not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or

(iv)            in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request.

site means:

(a)         land; or

(b)         a building, or other structure, on land.

standard telephone service has the same meaning as in the Act.

standard zone has the same meaning as in section 108 of the Act.

universal service area has the same meaning as in the Act.

widespread service outage means a disruption to the operation, provisioning or maintenance of a large number of standard telephone services in a universal service area, however caused.

Note:  Examples of widespread service outages are widespread outages of standard telephone services caused by natural disasters, extreme weather conditions or human error.

working day, in a location, means a day that is not a Saturday, Sunday or public holiday in the location.

Overview

The Telecommunications (Consumer Protection and Service Standards) Act 1999 was enacted to provide a framework for the protection of consumers in the telecommunications industry, ensuring fair and efficient service standards. This legislation was introduced to address gaps in consumer protection and service standards within the telecommunications sector, aiming to safeguard consumer interests and maintain a high level of service provision. The Act was enacted by the Commonwealth Parliament and its policy objective is to enhance consumer protection and ensure that telecommunications service providers maintain high service standards. The legislative instrument in question is a notice issued by the Minister for Communications, Information Technology and the Arts, requiring Telstra Corporation Limited to submit a draft variation of its approved standard marketing plan to the Australian Communications Authority (ACA). This notice mandates specific commitments regarding connection times for standard telephone services, the provision of interim services, and arrangements for addressing widespread service outages and customer emergencies.

Scope and Application

The Telecommunications (Consumer Protection and Service Standards) Act 1999 applies to Telstra Corporation Limited, the primary universal service provider in Australia, regarding consumer protection and service standards. The Act mandates Telstra to adhere to specific service standards, particularly concerning connection times for telephone services and the provision of interim services when standard services cannot be delivered within specified timeframes. The legislation also requires Telstra to offer interim services to customers when their standard telephone service is inoperative for an extended period or in the event of widespread service outages. Exemptions are provided in cases where circumstances beyond Telstra's control, such as natural disasters or restrictions by public authorities, prevent compliance. The Act extends its application across the entire nation, ensuring that all Australians receive consistent and reliable telecommunications services.

Key Provisions

The primary operative sections of the Telecommunications (Consumer Protection and Service Standards) Act 1999, as varied by the notice, mandate specific commitments from Telstra regarding the connection of standard telephone services, particularly in remote locations without infrastructure. Section 1 requires Telstra to commit to connecting a standard telephone service within six months from the date of the customer's request if the request is received on or after the commencement of the variation. For requests received before the variation, Telstra must connect the service within the lesser of six months from the commencement of the variation or the period the customer was entitled to under the previous plan. Section 2 outlines obligations for offering interim services when connection cannot be made within 30 working days, specifying timeframes for providing these services based on the date the request was received and whether the customer accepts the offer promptly. Telstra is required to offer interim services under certain conditions, as detailed in Section 2. For requests received on or after 15 October 2001, if the service cannot be provided within 30 working days, Telstra must offer an interim service and provide it within specific timeframes depending on when the customer accepts the offer. For requests before 15 October 2001, similar obligations apply but with different reference points for the 30-day period. Additionally, if Telstra receives a report of a fault in an inoperative standard telephone service on or after 15 October 2001 and cannot rectify it within five working days, it must offer an interim service within four working days of receiving the report and provide it within additional specified timeframes based on the population of the area. Section 3 requires Telstra to provide arrangements for widespread service outages, ensuring emergency needs of end-users are met. Section 4 mandates that Telstra offer an interim service as soon as practicable to customers who need access to a standard telephone service for emergency-related reasons. These provisions ensure that Telstra maintains high standards of service, especially in critical situations or when standard services cannot be promptly provided. Breaching the obligations set out in this notice may have legal consequences. While specific offences and penalties are not detailed in the notice, general provisions under the Telecommunications (Consumer Protection and Service Standards) Act 1999 may apply. Non-compliance with service standards or failure to provide interim services as required could lead to enforcement actions by the Australian Communications and Media Authority (ACMA), which may include fines or other penalties. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions of the Act or subsequent regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.