A Bill for an Act to amend the law relating to telecommunications, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Telecommunications Legislation Amendment (Faster Internet for Regional Australia) Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Competition and Consumer Act 2010
1 Paragraph 152BCCB(a)
Omit “determined under section 360U of”, substitute “set out in Part 2 of Schedule 5 to”.
2 Paragraph 152BCCB(b)
Omit “made under section 360V of that Act”, substitute “set out in Part 4 of that Schedule”.
3 Paragraph 152BDCB(a)
Omit “determined under section 360U of”, substitute “set out in Part 2 of Schedule 5 to”.
4 Paragraph 152BDCB(b)
Omit “made under section 360V of that Act”, substitute “set out in Part 4 of that Schedule”.
5 Subsection 152BEBH(1)
Omit “determined under section 360U of”, substitute “set out in Part 2 of Schedule 5 to”.
6 Subsection 152BEBI(1)
Omit “made under section 360V of”, substitute “set out in Part 4 of Schedule 5 to”.
7 Paragraph 152CBID(a)
Omit “determined under section 360U of”, substitute “set out in Part 2 of Schedule 5 to”.
8 Paragraph 152CBID(b)
Omit “made under section 360V of that Act”, substitute “set out in Part 4 of that Schedule”.
Telecommunications Act 1997
9 Section 7
Insert:
major network outage has the meaning given by subsection 360XC(2).
quarter means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.
10 Subsections 360U(1) to (3A)
Repeal the subsections.
11 Subsections 360U(4) and (5)
Omit “determined under subsection (1)”, substitute “set out in Part 2 of Schedule 5”.
12 Subsections 360U(6) to (8A)
Repeal the subsections.
13 Subsection 360U(9)
Omit “by an instrument under subsection (6)”, substitute “out in Part 3 of Schedule 5”.
14 Subsections 360V(1) and (1A)
Repeal the subsections
15 Subsection 360V(2) (heading)
Repeal the heading.
16 Subsections 360V(2) and (3)
Omit “under subsection (1)”, substitute “set out in Part 4 of Schedule 5”.
17 Paragraph 360W(4)(a)
Omit “determined under section 360U”, substitute “set out in Part 2 of Schedule 5”.
18 Paragraph 360W(4)(b)
Omit “made under section 360V”, substitute “set out in Part 4 of Schedule 5”.
19 Paragraph 360X(4)(a)
Omit “determined under section 360U”, substitute “set out in Part 2 of Schedule 5”.
20 Paragraph 360X(4)(b)
Omit “made under section 360V”, substitute “set out in Part 4 of Schedule 5”.
21 After section 360XA
Insert:
360XB Quarterly reports about compliance with standards, benchmarks and rules
(1) For each quarter, a statutory infrastructure provider must give to the ACMA, in accordance with subsections (2) to (4), a report relating to the provider’s compliance with Division 4 during the quarter.
(2) Without limiting subsection (2), the report must show, for each minimum benchmark set out in Part 3 of Schedule 5, whether the statutory infrastructure provider met or exceeded the benchmark.
(3) The report must be given to the ACMA no later than 30 days after the end of the quarter.
(4) The report must comply with any requirements specified by the Minister by legislative instrument.
Publication of reports
(5) The ACMA must, as soon as practicable after receiving a report under subsection (1), publish a copy of the report on the ACMA’s website.
360XC Reports about major network outages
(1) If a statutory infrastructure provider experiences a major network outage, the provider must give to the ACMA, in accordance with subsections (3) and (4), a report relating to:
(a) how the outage affected the provider’s performance in relation to the matters dealt with by Schedule 5; and
(b) the provider’s response to the outage.
(2) A major network outage is any network condition that causes:
(a) 1,000 or more end‑users; or
(b) any emergency service provider;
to experience a fault or service difficulty in relation to an eligible service supplied by the statutory infrastructure provider or its qualifying telecommunications network.
(3) The report must be given to the ACMA no later than 30 days after the end of the major network outage.
(4) The report must comply with any requirements specified by the Minister by legislative instrument.
Publication of reports
(5) The ACMA must, as soon as practicable after receiving a report under subsection (1), publish a copy of the report on the ACMA’s website.
22 Paragraphs 360ZA(1)(k) and (l)
Repeal the paragraphs.
23 After paragraph 360ZA(1)(m)
Insert:
(ma) subsection 360XB(4);
(mb) subsection 360XC(4);
24 At the end of the Act
Add:
Schedule 5—Statutory infrastructure providers: standards, rules and benchmarks
Note: See sections 360U and 360V.
Part 1—Introductory
1 Definitions—Part 19 of the Act
An expression used in this Schedule that is defined in Part 19 of this Act has the same meaning in this Schedule as it has in that Part.
Note 1: Relevant expressions include the following:
(a) eligible service (section 360A);
(b) qualifying carriage service (section 360A);
(c) qualifying fixed‑line telecommunications network (section 360A);
(d) qualifying fixed wireless carriage service (section 360AA);
(e) qualifying satellite carriage service (section 360A);
(f) qualifying telecommunications network (section 360A);
(g) relevant service area (section 360A);
(h) request (section 360A);
(i) service area (section 360A).
Note 2: Business day is defined in section 2B of the Acts Interpretation Act 1901.
2 Definitions
(1) In this Schedule:
2013 estimated resident population means the preliminary estimated resident population as at 30 June 2013, as published by the Australian Bureau of Statistics.
appointment‑keeping period standard means the standard set out in subclause 10(1) of this Schedule.
ASGS means the July 2016 edition of the Australian Statistical Geography Standard, published by the Australian Bureau of Statistics, as existing on the commencement of this definition.
Note: The ASGS could in 2022 be viewed on the Australian Bureau of Statistics’ website (https://www.abs.gov.au).
attendance connection, in relation to a request to connect an end‑user’s premises to a qualifying telecommunications network, means a request that requires attendance by the SIP at the end‑user’s premises as part of carrying out the connection.
attendance fault rectification, in relation to the rectification of a fault or service difficulty relating to an eligible service or qualifying telecommunications network, means a rectification that requires attendance by the SIP at an end‑user’s premises.
benchmark period means:
(a) the period from commencement of this Schedule until the end of the financial year during which this Schedule commences; or
(b) each subsequent financial year.
connection period standard means the standard set out in clause 6 of this Schedule.
fault rectification period standard means the standard set out in clause 7 of this Schedule.
fixed wireless telecommunications network means a qualifying telecommunications network that is used, or proposed to be used, to supply qualifying fixed wireless carriage services.
Modified Monash 2 area means a Statistical Area Level 1 under the ASGS that:
(a) is categorised under the ASGS as RA 1 (Inner Regional Australia) or RA 2 (Outer Regional Australia); and
(b) satisfies any of the following criteria:
(i) the area is in an Urban Centre and Locality with a 2013 estimated resident population of more than 50,000;
(ii) the area is in an Urban Centre and Locality, the geographic centre of which is no more than 20 km road distance from the boundary of another Urban Centre and Locality with a 2013 estimated resident population of more than 50,000;
(iii) the area is not in an Urban Centre and Locality, but the geographic centre of the area is no more than 20 km road distance from the boundary of an Urban Centre and Locality with a 2013 estimated resident population of more than 50,000; and
(c) is not a Modified Monash 7 area.
Modified Monash 3 area means a Statistical Area Level 1 under the ASGS that:
(a) is categorised under the ASGS as RA 1 (Inner Regional Australia) or RA 2 (Outer Regional Australia); and
(b) satisfies any of the following criteria:
(i) the area is in an Urban Centre and Locality with a 2013 estimated resident population of more than 15,000 but no more than 50,000;
(ii) the area is in an Urban Centre and Locality, the geographic centre of which is no more than 15 km road distance from the boundary of another Urban Centre and Locality with a 2013 estimated resident population of more than 15,000 but no more than 50,000;
(iii) the area is not in an Urban Centre and Locality, but the geographic centre of the area is no more than 15 km road distance from the boundary of an Urban Centre and Locality with a 2013 estimated resident population of more than 15,000 but no more than 50,000; and
(c) is not a Modified Monash 2 area or Modified Monash 7 area.
Modified Monash 4 area means a Statistical Area Level 1 under the ASGS that:
(a) is categorised under the ASGS as RA 1 (Inner Regional Australia) or RA 2 (Outer Regional Australia); and
(b) satisfies any of the following criteria:
(i) the area is in an Urban Centre and Locality with a 2013 estimated resident population of at least 5,000 but no more than 15,000;
(ii) the area is in an Urban Centre and Locality, the geographic centre of which is no more than 10 km road distance from the boundary of another Urban Centre and Locality with a 2013 estimated resident population of at least 5,000 but no more than 15,000;
(iii) the area is not in an Urban Centre and Locality, but the geographic centre of the area is no more than 10 km road distance from the boundary of an Urban Centre and Locality with a 2013 estimated resident population of at least 5,000 but no more than 15,000; and
(c) is not a Modified Monash 2 area, Modified Monash 3 area or Modified Monash 7 area.
Modified Monash 5 area means a Statistical Area Level 1 under the ASGS that:
(a) is categorised under the ASGS as RA 1 (Inner Regional Australia) or RA 2 (Outer Regional Australia); and
(b) is not a Modified Monash 2 area, Modified Monash 3 area, Modified Monash 4 area or Modified Monash 7 area.
Modified Monash 6 area means a Statistical Area Level 1 under the ASGS that:
(a) is categorised under the ASGS as RA 3 (Remote Australia); and
(b) is not a Modified Monash 7 area.
Modified Monash 7 area means a Statistical Area Level 1 under the ASGS that:
(a) is entirely located on an island or islands more than 5 km from the Australian mainland or Tasmania, as measured between coastlines at the low water mark; or
(b) is located on Magnetic Island; or
(c) is categorised under the ASGS as RA 4 (Very Remote Australia).
non‑attendance connection, in relation to a request to connect an end‑user’s premises to a qualifying telecommunications network, means a request that is able to be fulfilled without any attendance by the SIP at the end‑user’s premises.
non‑attendance fault rectification, in relation to the rectification of a fault or service difficulty in respect of an eligible service or qualifying telecommunications network, means a rectification that does not require attendance by the SIP at an end‑user’s premises.
public authority means:
(a) the Commonwealth or a State or 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 authority.
quarter, in relation to a benchmark period, means a three month period ending on the last day of March, June, September and December in each year.
remote area means:
(a) a Modified Monash 6 area; or
(b) a Modified Monash 7 area.
rural area means:
(a) a Modified Monash 2 area; or
(b) a Modified Monash 3 area; or
(c) a Modified Monash 4 area; or
(d) a Modified Monash 5 area.
satellite telecommunications network means a qualifying telecommunications network that is used, or proposed to be used, to supply qualifying satellite carriage services.
SIP or statutory infrastructure provider means a statutory infrastructure provider within the meaning of section 360A of this Act, and depending on the context, may also include the authorised agent or contractor of a statutory infrastructure provider.
SIP Offer means any offer published by a SIP on its website from time to time in accordance with section 360W or section 360X.
speed standard means the standard set out in clause 12 of this Schedule.
type 1 premises means a premises that:
(a) is situated in a relevant service area; and
(b) has a physical (or other kind of direct) connection to a qualifying fixed‑line telecommunications network owned or operated by the relevant SIP; and
(c) has necessary network equipment installed by the SIP to provide a qualifying carriage service.
type 2 premises means a premises that:
(a) is situated in a relevant service area; and
(b) has a physical (or other kind of direct) connection to a qualifying fixed‑line telecommunications network owned or operated by the relevant SIP; and
(c) does not have necessary network equipment installed by the SIP to provide a qualifying carriage service.
type 3 premises means a premises that:
(a) is situated in a relevant service area; and
(b) does not have a physical (or other kind of direct) connection to a qualifying fixed‑line telecommunications network owned or operated by the relevant SIP; and
(c) is in close proximity to a facility forming part of a fixed‑line qualifying telecommunications network owned or operated by the relevant SIP.
type 4 premises means a premises that:
(a) is situated in a relevant service area; and
(b) has relevant equipment (such as a satellite dish or antenna) installed within or on it and such equipment enables it to be directly connected to a fixed wireless telecommunications network or satellite telecommunications network owned or operated by the relevant SIP.
type 5 premises means a premises that:
(a) is situated in a relevant service area; and
(b) does not have relevant equipment (such as a satellite dish or antenna) installed within or on it; and
(c) is situated within range, or readily capable, of being connected to, a fixed wireless telecommunications network or a satellite telecommunications network owned or operated by the relevant SIP.
urban area means an area that is not a rural area or a remote area.
Urban Centre and Locality means an area defined as an Urban Centre and Locality under the ASGS.
(2) For the purposes of the definition of type 3 premises in subclause (1), a premises will be considered to be in close proximity if it is situated 500 metres or less from any part of the qualifying fixed‑line telecommunications network.
3 How reports may be made
For the purposes of this Schedule, a fault or service difficulty report may be:
(a) made by a carriage service provider directly to the relevant SIP; or
(b) produced by the relevant SIP through its own self‑diagnostic system.
4 When reports and requests are taken to be made
For the purposes of this Schedule:
(a) a fault or service difficulty report which is received or produced; or
(b) a connection request which is received;
by the SIP after 5 pm on a business day or on a day that is not a business day, is taken to be received (or produced) on the next business day.
Part 2—Standards
Note: Subsection 360U(4) of this Act provides that a statutory infrastructure provider must comply with a standard set out in this Part.
Division 1—Preliminary
5 Application
(1) A standard set out in clause 6 or 7 or subclause 10(1) or clause 12 of this Schedule does not apply:
(a) if a law of the Commonwealth, State, Territory or local government prevents the SIP from complying with the particular standard; or
(b) if compliance with the particular standard would directly result in the SIP being unable to take steps to meet a duty it owes to another person under a Commonwealth, State or Territory law; or
(c) during the period where there is scheduled maintenance of, or upgrade to, the qualifying telecommunications network or a facility forming part of that network, and that maintenance or upgrade prevents the SIP from performing activity that is necessary for the SIP to comply with the particular standard, subject to the following conditions:
(i) the SIP provides relevant carriage service providers with written notice of the maintenance or upgrade at least 24 hours prior to commencement of the scheduled maintenance or upgrade;
(ii) the SIP:
(A) provides relevant carriage service providers with written notice; or
(B) publishes in a prominent place on the SIP’s website;
detailed information of the expected start and end time of the maintenance or upgrade activity in a format that readily allows relevant carriage service providers to identify individual affected premises; or
(d) during the period where there is a loss of power to the relevant premises and that prevents the SIP from performing activity that is necessary for the SIP to comply with the particular standard in respect of that premises; or
(e) during the time that there are circumstances beyond the control of the SIP which could not have been prevented or avoided by the SIP taking all reasonable steps and those circumstances prevent the SIP from performing activity that is necessary for in order to comply with the particular standard at a relevant location.
(2) For the purposes of paragraph (1)(e), circumstances beyond the reasonable control of a SIP are as follows:
(a) damage to the qualifying telecommunications network or a facility forming part of that network, that is used in connection with the supply (or proposed supply) of an eligible service to the carriage service provider, if that damage is not reasonably preventable, was not caused by the SIP and it prevents the SIP:
(i) connecting an end‑user’s premises to the qualifying telecommunications network; or
(ii) rectifying the fault or service difficulty at a particular premises; or
(iii) attending the location of a scheduled appointment;
(b) a natural disaster or extreme weather conditions that causes mass outages of carriage services and which prevents the SIP:
(i) connecting an end‑user’s premises to the qualifying telecommunications network; or
(ii) rectifying the fault or service difficulty at a particular premises; or
(iii) attending the location of a scheduled appointment;
(c) the SIP is requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services directly prevents the SIP:
(i) connecting the end‑user’s premises to the qualifying telecommunications network; or
(ii) rectifying a fault or service difficulty at the end‑user’s premises; or
(iii) attending the location of a scheduled appointment;
(d) the SIP is prevented from connecting the end‑user’s premises to the qualifying telecommunications network or rectifying a fault or service difficulty the end‑user’s premises, or attending the location of a scheduled appointment because the carriage service provider or end‑user does not provide essential information or reasonable assistance required by the SIP to carry out this activity.
(3) If a SIP was prevented from complying with a particular standard as a result of circumstances referred to in subclause (1), the SIP must ensure it complies with the particular standard from the time that the SIP is no longer prevented from complying with the standard.
(4) If a SIP was prevented from complying with a particular standard as a result of a circumstances referred to in paragraph (2)(a), (b), or (c), the SIP must ensure it complies with the particular standard:
(a) within 3 business days from the day upon which the circumstances arose; or
(b) any other longer timeframe(s) as approved by the ACMA in writing either on a case by case basis or class basis.
(5) If a SIP was prevented from complying with a particular standard as a result of any of the circumstances referred to in paragraph (2)(a), (b) or (c), the SIP must, within 1 business day after becoming aware of the particular circumstances, publish on its website a written notice setting out all of the following:
(a) a description of the circumstances;
(b) a unique identifier for the instance;
(c) this Actual (or estimated) number of carriage services and end‑user premises impacted by the particular circumstances;
(d) the expected date when the SIP is expected to no longer be prevented from complying with the standard, including any longer timeframe approved by ACMA.
Division 2—Maximum periods for connections
6 Connection period standard—maximum period for connection of premises
(1) The SIP must connect a premises in its relevant service area to the qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end‑user at the relevant premises within the following maximum timeframes:
(a) if the connection is a non‑attendance connection—1 business day from receipt of the request;
(b) if the connection is an attendance connection:
(i) for a type 1 or type 4 premises—1 business day from receipt of the request; or
(ii) for a type 2, type 3 or type 5 premises—5 business days from receipt of the request; or
(iii) in any other case—20 business days from receipt of the request.
(2) For the avoidance of doubt, the periods specified in subclause (1) are maximum timeframes and do not limit a SIP offering to connect a premises in its relevant service area to a qualifying telecommunications network within shorter timeframes.
Division 3—Maximum period for rectification of faults or service difficulties
7 Fault rectification period standard—maximum period for rectification of fault or service difficulties
(1) The SIP must rectify a fault or service difficulty in relation to an eligible service supplied by the SIP or its qualifying telecommunications network within:
(a) to the extent the affected premises are in an urban area or a rural area—1 business day from receipt (or production) of the report; and
(b) to the extent the affected premises are in a remote area—2 business days from receipt (or production) of the report.
(2) For the avoidance of doubt, the period specified in subclause (1) is a maximum timeframe and does not limit a SIP’s offering to rectify a fault or service difficulty in relation to an eligible service or the qualifying telecommunications network within a shorter timeframe.
Division 4—Appointments
8 Appointments for a connection or rectification of a fault or service difficulty
(1) A SIP may make arrangements with the carriage service provider or with the end‑user of a qualifying carriage service supplied by the carriage service provider:
(a) to connect the end‑user’s premises located in a relevant service area to the SIP’s qualifying telecommunications network; or
(b) to rectify faults or service difficulties relating to:
(i) the eligible service supplied (or proposed to be supplied) by the SIP to the carriage service provider in order that the carriage service provider can provide a qualifying carriage service; or
(ii) the qualifying telecommunications network used (or proposed to be used), in order that the carriage service provider can provide a qualifying carriage service to the end‑user.
(2) The day, and the time of day, proposed by the SIP for an appointment must be reasonably convenient for the end‑user.
(3) The SIP may propose an appointment:
(a) at a particular time of day; or
(b) in the period between 2 particular times of day that are not more than 5 hours apart.
9 Changes to period for appointments
Either party to an appointment may change the day, time of day or location of the appointment by:
(a) giving at least 24 hours prior notice of the change to the other party; or
(b) obtaining the agreement of the other party to the change.
10 Standards relating to keeping appointments
(1) Subject to subclause (2), the SIP must keep an appointment either to connect an end‑user’s premises in its relevant service area to rectify a fault or service difficulty experienced by an end‑user.
(2) A SIP is taken to have kept the appointment if the SIP is present at the location of the appointment:
(a) if the appointment is for a particular time of day—not later than 15 minutes after the time of the appointment; or
(b) if the appointment is for a period between 2 particular times of day that are not more than 4 hours apart—not later than 15 minutes after the end of the period; or
(c) if the appointment is for a period between 2 particular times of day that are more than 4, but not more than 5, hours apart and the site is not in a remote area—at any time within the period; or
(d) if the appointment is for a period between 2 particular times of day that are more than 4, but not more than 5, hours apart and the site is in a remote area—not later than 45 minutes after the end of the period.
11 Interpretation for this Division
For the purposes of this Division:
(a) a reference to an end‑user includes a reference to someone who is validly authorised to represent the end‑user; and
(b) a reference to a proposed appointment includes a reference to an appointment that is changed in accordance with clause 9.
Division 5—Performance standards
12 Speed standard
The SIP must ensure that, for each 24 hour period and for each of its eligible services supplied in a service area, the average download transmission speed of the service is at least:
(a) 25 Mbps; or
(b) 50% of any download speed set out for the time in the relevant SIP Offer;
(whichever is the higher).
Part 3—Performance benchmarks
Note: Subsection 360U(9) of this Act provides that a SIP must meet or exceed a minimum benchmark set out in this Part.
Division 1—Preliminary
13 Overview
This Part outlines the performance benchmarks which each SIP must meet or exceed during the relevant period in relation to the standards specified in Part 2. There are 4 applicable standards:
(a) the connection period standards (clause 6); and
(b) the fault rectification period standard (clause 7); and
(c) the appointment‑keeping period standard (subclause 10(1)); and
(d) the speed standard (clause 12).
Division 2—Performance benchmarks: connections
14 Performance Benchmarks for the connection period standard
(1) For each benchmark period, the minimum benchmark for the connection period standard relating to non‑attendance connections is 98% of the total number of non‑attendance connections requests received in the benchmark period in all of the SIP’s service areas.
(2) For each benchmark period, the minimum benchmark for the connection period standard relating to attendance connections is 98% of the total number of attendance connections requests received in the benchmark period in all of the SIP’s service areas.
Division 3—Performance benchmarks: fault rectification
15 Performance benchmarks for the fault rectification period standard
(1) For each benchmark period, the minimum benchmark for the fault rectification period standard relating to non‑attendance fault rectifications is 98% of the total number of non‑attendance fault rectification requests received in the benchmark period in all of the SIP’s service areas.
(2) For each benchmark period, the minimum benchmark for the fault rectification period standard relating to attendance fault rectifications is 98% of the total number of attendance fault rectification requests received in the benchmark period in all of the SIP’s service areas.
Division 4—Performance benchmarks: appointment‑keeping
16 Performance benchmarks for the appointment‑keeping period standard
For each benchmark period, the minimum benchmark for the appointment‑keeping period standard is 98% of the total number of appointments made in the benchmark period in all of the SIP’s service areas.
Division 5—Performance benchmarks: speed
17 Quarterly performance benchmark for the speed standard
For each quarter, the minimum benchmark for the speed standard for each SIP service area is 98%, calculated using the following formula:
A divided by B,
where:
A is an aggregate figure calculated by summing for each calendar day in the quarter the total number of eligible services in an area that met the speed standard.
B means the total eligible services in the area x the total calendar days in the quarter.
Note: Subclause 18(1) requires a SIP to prepare a network remediation plan if the SIP fails to meet an applicable quarterly performance benchmark for the speed standard in any service area.
Part 4—Rules
Note 1: Subsection 360V(2) of this Act provides that a statutory infrastructure provider must comply with a rule set out in this Part.
Note 2: A statutory infrastructure provider must publish on its website the terms and conditions on which it offers to connect premises in the services area to a qualifying telecommunications network and supply eligible services in order that a carriage service provider can provide a qualifying carriage service to an end‑user at a premises (see subsections 360W(1) and 360X(1) of this Act).
18 Network remediation plans
(1) Subject to subclause (2), if a SIP does not meet an applicable quarterly performance benchmark for the speed standard in any service area, then the SIP must, within 20 business days:
(a) prepare a network remediation plan for each relevant impacted service area or region (as the case may be); and
(b) publish a copy of the plan on a prominent place on its website.
(2) The requirement under subclause (1) does not apply in cases in which the SIP subsequently does not meet the speed standard in respect of an eligible service and each of the following apply:
(a) the eligible service is situated in an area or region covered by a current network remediation plan;
(b) the requirement for the current network remediation plan arose from a prior failure by the SIP to meet the speed standard.
(3) For the purposes of paragraph (1)(a), the network remediation plan must be in writing and include:
(a) details of the total number, and location, of all eligible services supplied by the SIP in the area, including setting out those services which have not met a quarterly speed performance benchmark in the relevant period; and
(b) the steps which the SIP will implement, or arrange to be implemented, to the SIP’s network(s) used to supply the affected eligible services (for example, a network upgrade, extension or other modifications) to meet the applicable benchmark(s) in the service area within 3 months from the date the plan is issued.
19 Transparency in SIP Offer regarding rebates
(1) Each SIP Offer must include clear and transparent terms regarding whether or not the SIP will pay or credit a rebate to a carriage service provider for any failure by the SIP to meet a service level standard about the supply, performance or reliability of an eligible service supplied by the SIP.
(2) For the avoidance of doubt, nothing in subclause (1) either expressly or by implication imposes an obligation on a SIP to include any term relating to the payment or crediting of rebate of any kind (however described) in a SIP Offer.
20 Record keeping—service connection
A SIP must, in relation to all connection requests it receives in respect of premises situated in its service areas, keep a record of the following matters:
(a) the date and time at which the request was received and the name of the carriage service provider who made the request on behalf of an end‑user;
(b) the location of the particular premises that is the subject of the connection request;
(c) a unique service identifier for the premises at paragraph (b);
(d) the applicable connection period in business days;
(e) the date and time at which the connection period standard expires in relation to the connection request;
(f) the date and time at which the SIP completed the connection;
(g) if circumstances reasonably beyond the control of the SIP or a law of the Commonwealth, a State or Territory or local government prevent it from complying with the connection period standard:
(i) a description of those circumstances or name of the law (as applicable); and
(ii) the reason why those circumstances or law (as applicable) prevent the SIP from complying with the standard; and
(iii) the date on which those circumstances arose or the SIP became prevented from complying by reason of the law; and
(iv) the date and time at which the circumstances or law (as applicable) ceased to prevent the SIP from complying with the standard;
(h) the type of premises and whether it is located in:
(i) an urban area; or
(ii) a rural area; or
(iii) a remote area.
21 Record keeping—fault or service difficulties
A SIP must, in relation to each report that it receives or produces, in respect of a fault or service difficulty in respect of premises situated in its relevant service areas, keep a record of the following matters:
(a) if the SIP produced a report of the fault or service difficulty—the date and time at which the report was produced;
(b) if the SIP received a report of the fault or service difficulty:
(i) the date and time at which the report was received; and
(ii) the name of the carriage service provider who reported the fault or service difficulty;
(c) the location of the particular premises experiencing the fault or service difficulty;
(d) a unique service identifier for the premises at paragraph (c);
(e) a description of the nature of the fault or service difficulty;
(f) the rectification period in business days;
(g) the date and time at which the fault rectification period expires in relation to the fault or service difficulty;
(h) the date and time at which the SIP rectified the fault or service difficulty;
(i) if circumstances reasonably beyond the control of the SIP or the law of the Commonwealth, a State or Territory or local government prevent it from complying with the fault rectification period standard:
(i) a description of those circumstances or name of the law (as applicable); and
(ii) the reason why those circumstances or law (as applicable) prevent the SIP from complying with the standard; and
(iii) the date on which those circumstances arose or the SIP became prevented from complying by reason of the law; and
(iv) the date and time at which the circumstances or law (as applicable) ceased to prevent the SIP from complying with the standard;
(j) the type of premises to which the report relates and whether it is located in:
(i) an urban area; or
(ii) a rural area; or
(iii) a remote area.
22 Record keeping—network remediation plans
In respect of each network remediation plan that a SIP is required to prepare in accordance with subclause 18(1), the SIP must retain records of the following matters:
(a) each network remediation plan prepared;
(b) the percentage of eligible services which have been remediated during the course of the period covered by each network remediation plan;
(c) the SIP’s implementation and fulfilment of each plan.
23 Record keeping—appointment keeping
A SIP must, in relation to each appointment it arranges, keep a record of the following matters:
(a) the agreed date and time of the appointment;
(b) details of any changes to the appointment, including when the change was agreed;
(c) whether the appointment was for the purpose of connection or fault rectification;
(d) the location of the particular premises to which the appointment relates;
(e) a unique service identifier for the premises at paragraph (d);
(f) if circumstances reasonably beyond the control of the SIP or the law of the Commonwealth, a State or Territory or local government prevent it from complying with the appointment keeping period standard:
(i) a description of those circumstances or name of the law (as applicable); and
(ii) the reason why those circumstances or law (as applicable) prevent the SIP from complying with the standard; and
(iii) the date on which those circumstances arose or the SIP became prevented from complying by reason of the law; and
(iv) the date and time at which the circumstances or law (as applicable) ceased.
24 Period for retention of records
If a SIP is required to keep a record of any matter described in clauses 20 to 23, the SIP must retain that record for a period that expires no earlier than 2 years after the end of the relevant benchmark period.