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Telecommunications Universal Service Management Agency Act 2012
No longer in force
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Administered by
Communications
Department of Industry, Science and Resources
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C2014C00502 C01
01 July 2014
-
13 April 2015
Legislation text
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Table of contents
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Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Vacancy in the office of a TUSMA member
6 Standard telephone service
7 Supply of standard telephone services
8 Crown to be bound
9 Extension to external Territories
10 Continuity of partnerships
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Part 2—Public interest telecommunications services
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Division 1—Policy objectives
11 Policy objectives
12 Achievement of policy objectives
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Division 2—Contracts and grants
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Subdivision A—General
13 Contracts and grants
14 Terms and conditions of grants
15 Condition about compliance with Ministerial determination
16 Exemption of designated transitional contracts from Ministerial determination
17 TUSMA has powers etc. of the Commonwealth
18 Conferral of powers on TUSMA
19 TUSMA to notify the Minister about entering into contracts or making grants
20 TUSMA to notify Minister about variations of contracts
21 TUSMA to notify Minister about variations of grants
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Subdivision B—Transitional
22 Transitional—standard telephone services
23 Transitional—payphones
24 Transitional—emergency call service
25 Transitional—National Relay Service
26 Transitional—continuity of supply of carriage services during the transition to the national broadband network
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Division 3—Registers
27 Register of Public Interest Telecommunications Contracts
28 Register of Public Interest Telecommunications Grants
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Division 4—Monitoring of performance
29 Monitoring of performance
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Division 4A—Facilitation of the voice customer migration policy objective
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Subdivision A—Access to information or documents held by a carriage service provider
29A Access to information or documents held by a carriage service provider
29B Copying documents—compensation
29C Copies of documents
29D TUSMA may retain documents
29E Law relating to legal professional privilege not affected
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Subdivision B—Disclosure of information
29F Disclosure of information
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Subdivision C—Consent to customer contact
29G Consent to customer contact
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Division 5—Miscellaneous
30 Executive power of the Commonwealth
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Part 3—Telecommunications Universal Service Management Agency
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Division 1—TUSMA’s establishment, functions, powers and liabilities
31 Establishment of the Telecommunications Universal Service Management Agency
32 Functions of TUSMA
33 Powers of TUSMA
35 TUSMA has privileges and immunities of the Crown
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Division 2—Membership of TUSMA
37 Membership of TUSMA
38 Appointment of TUSMA members
39 Period of appointment for TUSMA members
40 Acting TUSMA members
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Division 3—Terms and conditions for TUSMA members
41 Remuneration
42 Disclosure of interests to the Minister
43 Disclosure of interests to TUSMA
44 Outside employment
45 Leave of absence
46 Resignation
47 Termination of appointment
48 Other terms and conditions
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Division 4—Decision-making by TUSMA
49 Holding of meetings
50 Presiding at meetings
51 Quorum
52 Voting at meetings etc.
53 Conduct of meetings
54 Minutes
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Division 5—Delegation
55 Delegation by TUSMA
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Division 6—Committees
56 Committees
57 TUSMA may assist committees
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Division 7—Chief Executive Officer of TUSMA
58 Chief Executive Officer of TUSMA
59 Role
60 Appointment of the CEO
61 Period of appointment of the CEO
62 Acting CEO
63 Remuneration
64 Disclosure of interests
65 Outside employment
66 Leave of absence
67 Resignation
68 Termination of appointment
69 Other terms and conditions
70 CEO not subject to direction by TUSMA on certain matters
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Division 8—Staff of TUSMA etc.
71 Staff of TUSMA
72 Consultants
73 Persons assisting TUSMA
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Division 9—Planning and reporting obligations of TUSMA
74 Corporate plan
75 Annual report
76 Minister may require TUSMA to prepare reports or give information
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Division 10—Ministerial directions
77 Minister may give directions to TUSMA
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Part 4—Access to information or documents held by an NBN corporation
78 Access to information or documents held by an NBN corporation
79 Copying documents—compensation
80 Copies of documents
81 TUSMA may retain documents
82 Law relating to legal professional privilege not affected
83 Severability
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Part 5—Telecommunications Universal Service Special Account
84 Telecommunications Universal Service Special Account
85 Credits to the Account
86 Purposes of the Account
87 Distribution of remaining balance of the Account
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Part 6—Assessment, collection and recovery of levy
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Division 1—Overall levy target amount
88 Overall levy target amount
89 Statement of estimate of overall levy target amount
90 Statement of overall levy target amount
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Division 2—Eligible revenue of participating persons
91 Participating person must lodge return of eligible revenue
92 Participating person
93 Eligible revenue
94 Audit report to accompany eligible revenue return
95 ACMA may inquire into correctness of return
96 ACMA to assess eligible revenue
97 Assessment based on estimate of eligible revenue
98 Levy contribution factor
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Division 3—Levy amount
99 Levy amount of a participating person
100 ACMA to make written assessment
101 Publication of assessment
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Division 4—Assessments
102 Variation of assessments
103 ACMA may accept statements
104 Multiple assessments in the same document
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Division 5—Collection and recovery of levy
105 When levy payable
106 Recovery of levy
107 Validity of assessment
108 Evidence of assessment
109 Onus of establishing incorrectness of assessment
110 Set-off
111 Refund of overpayment of levy
112 Cancellation of certain exemptions from levy
113 Commonwealth not liable to levy
114 Performance bonds and guarantees
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Division 6—Disclosure of information
115 Public may request information
116 Request for information that is unavailable under section 115
117 How the ACMA is to comply with a request
118 Minister’s information-gathering powers
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Division 7—Other matters
119 Delegation by the Minister
120 Offence of failing to lodge eligible revenue return
121 Late payment penalty
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Part 7—Miscellaneous
122 Disclosure of information to certain bodies or persons
123 Review of the operation of this Act
124 Compensation for acquisition of property
125 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]