Commonwealth of Australia
Telecommunications (Consumer Protection and Service Standards) Act 1999
Universal Service Subsidies (2001-03 Contestable Areas) Determination (No. 1) 2001
(Amendment No. 1 of 2001)
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Determination under subsection 16(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 33(3) of the Acts Interpretation Act 1901.
Dated 18 June 2001.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
_________________________________________________________________
1 Name of Determination
This Determination is the Universal Service Subsidies (2001-03 Contestable Areas) Determination (No. 1) 2001 (Amendment
No. 1 of 2001).
2 Commencement
This Determination commences on gazettal.
3 Variation
The Universal Service Subsidies (2001-03 Contestable Areas) Determination (No. 1) 2001 made by the Minister on 11 April 2001 and notified in the Gazette on 26 April 2001 is varied as set out in Schedule 1 to this Determination.
Schedule 1 Amendments
(clause 3)
[1] Paragraph 4(a)
substitute
(a) where the provider is the primary universal service provider and there is no competing universal service provider for a contestable area in respect of the relevant service obligation for the whole of the claim period—the lump sum subsidy specified in the Schedule for the relevant universal service area for the relevant claim period; or
[2] Table under paragraph (a) of Schedule – Universal service subsidies
substitute
| Universal Service Area | 2001-2002 lump sum subsidy ($) | 2001- 2002 per service subsidy ($) | 2002-2003 lump sum subsidy ($) | 2002-2003 per service subsidy ($) |
1 | Ballina | 390,125 | 400 | 365,424 | 370 |
2 | Bellingen | 765,838 | 690 | 437,383 | 390 |
3 | Boonah | 452,264 | 460 | 376,716 | 390 |
4 | Byron | 1,059,637 | 480 | 992,399 | 450 |
5 | Cambooya (S) | 506,500 | 500 | 476,110 | 470 |
6 | Clifton (S) | 283,500 | 540 | 273,000 | 520 |
7 | Coffs Harbour | 777,890 | 560 | 229,869 | 160 |
8 | Copmanhurst (A) | 590,700 | 550 | 547,740 | 510 |
9 | Crows Nest (S) | 751,230 | 510 | 707,040 | 480 |
10 | Esk | 386,620 | 550 | 304,017 | 430 |
11 | Gatton | 497,476 | 410 | 467,673 | 380 |
12 | Grafton (C) | 101,280 | 480 | 94,950 | 450 |
13 | Ipswich | 262,116 | 380 | 142,837 | 210 |
14 | Kempsey (A) | 1,711,680 | 480 | 1,462,060 | 410 |
15 | Kyogle (A) | 1,085,701 | 520 | 669,661 | 320 |
16 | Laidley | 253,974 | 360 | 151,298 | 210 |
17 | Lismore | 1,268,868 | 480 | 1,190,843 | 450 |
18 | Maclean (A) | 873,670 | 490 | 802,350 | 450 |
19 | Nambucca | 601,227 | 400 | 380,274 | 250 |
20 | Pristine Waters (DC) | 1,237,500 | 500 | 1,138,500 | 460 |
21 | Richmond Valley | 803,774 | 470 | 732,099 | 430 |
22 | Severn (A) | 615,830 | 730 | 539,880 | 640 |
23 | Tenterfield (A) | 725,400 | 650 | 669,600 | 600 |
24 | Toowoomba | 84,943 | 410 | 79,567 | 390 |
25 | Tweed | 1,004,024 | 450 | 941,190 | 420 |
26 | Warwick | 565,020 | 510 | 507,180 | 460 |
[3] Table under paragraph (b) of Schedule – Universal service subsidies
substitute
| Universal Service Area | 2001-2002 lump sum subsidy ($) | 2001-2002 per service subsidy ($) | 2002-2003 lump sum subsidy ($) | 2002-2003 per service Subsidy ($) |
1 | Ararat (RC) | 514,752 | 380 | 471,747 | 350 |
2 | Ballarat (C) | 584,360 | 230 | 421,231 | 160 |
3 | Central Goldfields (S) | 247,378 | 190 | 150,388 | 120 |
4 | Colac-Otway (S) | 936,097 | 310 | 475,978 | 160 |
5 | Corangamite (S) | 691,974 | 250 | 640,770 | 230 |
6 | Golden Plains (S) | 1,007,962 | 260 | 874,545 | 230 |
7 | Greater Bendigo (C) | 965,972 | 150 | 883,826 | 140 |
8 | Hepburn (S) | 541,732 | 230 | 454,622 | 190 |
9 | Moorabool (S) | 764,615 | 230 | 430,530 | 130 |
10 | Mount Alexander (S) | 811,617 | 360 | 742,483 | 330 |
11 | Moyne (S) | 1,061,955 | 280 | 642,302 | 170 |
12 | Pyrenees (S) | 643,200 | 400 | 594,960 | 370 |
13 | Surf Coast (S) | 560,805 | 280 | 512,737 | 250 |
Overview
The Commonwealth of Australia enacted the Telecommunications (Consumer Protection and Service Standards) Act 1999 to ensure that consumers have access to telecommunications services that are of a reasonable quality and to protect consumers from misleading and deceptive conduct in the telecommunications industry. This Act was designed to address the gap in consumer protection and service standards within the rapidly evolving telecommunications sector. The Act was enacted by the Parliament of Australia, with the overarching policy objective being to provide a legislative framework that promotes fair and efficient competition while safeguarding consumer interests. The legislation aims to establish a balanced approach that fosters innovation and investment in the telecommunications market while ensuring that consumers receive adequate protection against poor service and unfair practices.
The Universal Service Subsidies (2001-03 Contestable Areas) Determination (No. 1) 2001 (Amendment No. 1 of 2001), made under the authority of the Minister for Communications, Information Technology and the Arts, Richard Alston, further refines the application of the Act by specifying the subsidies allocated to various universal service areas to ensure that these regions receive adequate telecommunications services. This determination was made to address specific financial requirements and to adjust the subsidies to reflect changes in market conditions and service obligations. The amendments ensure that primary universal service providers in non-contestable areas receive appropriate financial support, thereby maintaining service standards and accessibility in these regions.
Scope and Application
The Universal Service Subsidies (2001-03 Contestable Areas) Determination (No. 1) 2001 (Amendment No. 1 of 2001), made by the Minister for Communications, Information Technology and the Arts, amends the original determination made on 11 April 2001. This determination applies to the allocation of subsidies for universal telecommunications services within specified contestable areas in Australia. The amendment modifies the lump sum subsidies and per service subsidies for the relevant claim periods of 2001-2002 and 2002-2003. These subsidies are intended to ensure that primary universal service providers can offer competitive services in areas where there is no competing universal service provider. The determination applies across various regions specified in the schedule, with different subsidies allocated based on the unique characteristics and needs of each area. The amendments are effective from the date of gazette and do not explicitly exclude any specific entities or transactions, meaning that they apply broadly to all qualifying telecommunications providers within the designated contestable areas.
Key Provisions
The Universal Service Subsidies (2001-03 Contestable Areas) Determination (No. 1) 2001 (Amendment No. 1 of 2001) amends the original determination made on 11 April 2001, which was notified in the Gazette on 26 April 2001. This amendment (section 3) modifies the schedule detailing the lump sum subsidies for various universal service areas. The amendments specifically affect the lump sum subsidies for the years 2001-2002 and 2002-2003, as well as the per service subsidies for these periods.
Under this Determination, the obligations for telecommunications providers are to comply with the revised subsidy amounts as outlined in the amended schedule. For instance, primary universal service providers must ensure that they receive the specified lump sum subsidies for their respective areas and periods. The revised amounts are intended to ensure adequate funding for maintaining and improving telecommunications services in these areas.
The Determination also outlines the consequences for non-compliance. While the text does not explicitly detail the penalties for breaches, it is implied that failure to adhere to the subsidy amounts and timelines could lead to legal ramifications under the Telecommunications (Consumer Protection and Service Standards) Act 1999. Typically, breaches of such statutory provisions could result in fines or other penalties as prescribed by the Act.
In summary, this Determination serves to adjust the financial support provided to telecommunications providers in specific contestable areas for the years 2001-2002 and 2002-2003. Providers must ensure they receive the correct amounts as per the updated schedule, and any non-compliance could lead to legal consequences under the governing Act.