Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002
as amended
made under subsection 16 (1) of the
Telecommunications (Consumer Protection and Service Standards) Act 1999
This compilation was prepared on 4 July 2005
taking into account amendments up to Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002 (Amendment No. 1 of 2005)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Determination [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Universal service subsidies
5 Circumstances in which subsidies are payable
Schedule Universal service subsidies
Notes
1 Name of Determination [see Note 1]
This Determination is the Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002.
2 Commencement [see Note 1]
This Determination commences on gazettal.
3 Definitions
In this Determination:
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
claim period means the 2004-2005 financial year.
Extended Zones universal service area means the universal service area notified as the universal service area of the Extended Zones in the Notice of the Primary Universal Service Provider for the Extended Zones of Australia published in the Commonwealth of Australia Gazette of 25 July 2001.
relevant service obligations means:
(a) the obligation referred to in paragraph 9(1)(a) of the Act (dealing with the standard telephone service); and
(b) the obligation referred to in paragraph 9(1)(b) of the Act (dealing with payphones).
standard telephone service includes an alternative telecommunications service (ATS) which is supplied in accordance with an approved ATS marketing plan in fulfilment of the obligation under paragraph 9(1)(a) of the Act.
4 Universal service subsidies
For the purposes of section 16 of the Act, the amounts of the universal service subsidies specified in the Schedule are determined for the Extended Zones in respect of the relevant service obligations for the claim period.
5 Circumstances in which subsidies are payable
A universal service provider for the claim period is eligible to be paid the subsidies specified in the Schedule if the provider complies with the provider’s obligations under section 12C of the Act.
Schedule Universal service subsidies
1 The subsidy in respect of the supply of the standard telephone service for the claim period is $23,694,631.
2 The subsidy in respect of the supply, installation and maintenance of payphones for the claim period is $2,036,676.
Notes to the Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002
Note 1
The Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002 (in force under subsection 16 (1) the Telecommunications (Consumer Protection and Service Standards) Act 1999) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002 | 4 Sept 2002 (see Gazette 2002, No. GN35) | 4 Sept 2002 | |
Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002 (Amendment No. 1 of 2005) | 29 June 2005 (see F2005L01824) | 30 June 2005 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Schedule | |
Schedule............. | am. 2005 No. 1 |
Overview
The Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002, made under the Telecommunications (Consumer Protection and Service Standards) Act 1999, was introduced to provide financial assistance to telecommunications providers for delivering essential services in remote or less accessible areas of Australia. This legislation aims to ensure that all Australians, regardless of their geographic location, have access to standard telephone services and payphones. The subsidies outlined in the determination are designed to support the primary universal service provider in fulfilling their obligations during the specified claim period, which was the 2004-2005 financial year. The determination was enacted by the Parliament of Australia and its objective is to promote equitable access to telecommunications services across the nation, particularly in extended zones where service provision can be more challenging and costly.
Scope and Application
The Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002, as amended, is a legislative instrument made under subsection 16(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999. This Determination applies to the provision of universal service subsidies for the Extended Zones in Australia during the 2004-2005 financial year. The primary entities involved are the Primary Universal Service Providers for the Extended Zones, which are obligated to deliver standard telephone services and maintain payphones in accordance with their service obligations under the Act. The Determination specifies the subsidy amounts for these services, totalling $23,694,631 for standard telephone services and $2,036,676 for payphones, and it sets the conditions under which these subsidies are payable. The Determination is applicable nationally, covering all areas designated as the Extended Zones as per the Notice of the Primary Universal Service Provider published in the Commonwealth of Australia Gazette on 25 July 2001. Any amendments to this Determination are made through subordinate legislation, as evidenced by the Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002 (Amendment No. 1 of 2005).
Key Provisions
The Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002, as amended, specifies the amount of universal service subsidies to be paid to providers for the 2004-2005 financial year. Section 4 of the Determination sets out the subsidy amounts for the Extended Zones, detailing $23,694,631 for the supply of the standard telephone service and $2,036,676 for the supply, installation, and maintenance of payphones. These amounts are calculated for the claim period, which is the 2004-2005 financial year, and are to be paid for the relevant service obligations outlined in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
The Determination imposes certain obligations on universal service providers. Under Section 5, a universal service provider is eligible to receive the specified subsidies if they comply with their obligations under section 12C of the Telecommunications (Consumer Protection and Service Standards) Act 1999. This includes adhering to the relevant service obligations, such as the provision of standard telephone services and the installation and maintenance of payphones, as defined in the Act. Compliance with these obligations is a prerequisite for receiving the subsidies.
Breach of the obligations outlined in the Determination can lead to civil or criminal consequences. While the Determination itself does not explicitly state penalties for non-compliance, the underlying Act may impose penalties. Under the Telecommunications (Consumer Protection and Service Standards) Act 1999, non-compliance with service obligations could result in substantial fines and, in severe cases, criminal charges. The specific penalties would be determined in accordance with the provisions of the principal Act. The Determination ensures that providers are aware of the necessity to comply with their obligations to receive the subsidies.