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Company: Attorney-General's Department

Contents
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Regulation 7

Regulation 6

Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999 Regulations 1999  No. 234
Table of Provisions
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Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999
Statutory Rules 1999 No. 234
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Dated 13 October 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
RICHARD ALSTON
Minister for Communications, Information Technology
and the Arts

Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999
Statutory Rules 1999 No. 234^1
made under the
Telecommunications (Consumer Protection and Service Standards) Act 1999

Contents
	Page
	1	Name of Regulations	3
	2	Commencement	3
	3	Definition	3
	4	Supply of special digital data service — specified equipment (Act s 14A (5) (a))	3
	5	Rebate scheme (Act s 14A (5))	4
	6	Recovery of overpayments	5
	7	Special digital data service obligation — equipment supplied by third person (Act s 19A (8))	6

1	Name of Regulations
		These Regulations are the Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999.
2	Commencement
		These Regulations commence on gazettal. 
3	Definition
		In these Regulations:
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Note   The following terms used in these Regulations are defined in the Act: special digital data service, special digital data service area and special digital data service provider.
4	Supply of special digital data service — specified equipment (Act s 14A (5) (a))
	(1)	For paragraph 14A (5) (a) of the Act, the customer equipment determined in writing by the ACA for the purposes of this subregulation is specified.
	(2)	If a determination under subregulation (1) is not in effect, the following customer equipment is specified for paragraph 14A (5) (a) of the Act:
	(a)	satellite dish and mount;
	(b)	low noise block;
	(c)	multipoint distribution system antenna;
	(d)	multipoint distribution system receiver decoder;
	(e)	cabling;
	(f)	personal computer card.
5	Rebate scheme (Act s 14A (5))
	(1)	In this regulation:
customer equipment means equipment specified for paragraph 14A (5) (a) of the Act.
	(2)	For paragraph 14A (5) (e) of the Act, the supply of customer equipment must be subject to the rebate scheme set out in this regulation.
	(3)	A person (the customer) is entitled to a rebate of the cost of acquiring customer equipment if:
	(a)	the customer has not previously received a rebate under this rebate scheme; and 
	(b)	the customer gives a written declaration to this effect to the special digital data service provider who would be liable to pay the rebate; and
	(c)	the customer ordinarily resides or carries on business in a special digital data service area; and
	(d)	the customer acquires the customer equipment otherwise than by way of hire; and
	(e)	the customer enters into an agreement with the provider for the supply of a special digital data service in a special digital data service area; and
	(f)	the customer acquires the customer equipment for the purpose of the supply of that special digital data service; and
	(g)	the customer installs the customer equipment at the customer’s residence or place of business in the special digital data service area; and
	(h)	any other requirements, restrictions or conditions that the ACA determines, in writing, are necessary or desirable for the operation of the rebate scheme are satisfied.
	(4)	The rebate is the lesser of:
	(a)	50 percent of the cost of purchase and installation of the equipment; and
	(b)	$765.
	(5)	If the equipment is supplied to the customer by the provider, the provider must pay the rebate to the customer when the customer pays for the equipment.
	(6)	If the equipment is supplied to the customer by a third person, the provider must pay the rebate to:
	(a)	the third person; or
	(b)	the customer.
	(7)	The provider must pay the rebate to the third person if:
	(a)	the customer gave the third person a voucher from the provider stating that the customer was entitled to the rebate on purchase of the equipment; and
	(b)	the amount of the rebate was deducted from the purchase price of the equipment.
	(8)	The provider must pay the rebate to the customer:
	(a)	if subregulation (7) does not apply; and
	(b)	within 28 days after the customer gives the provider a receipt from the third person showing that the equipment was purchased.
	(9)	The customer must give the provider any other information that the ACA determines, in writing, is necessary to enable the provider to decide whether the customer is entitled to the rebate.
6	Recovery of overpayments
	(1)	If a special digital data service provider paid an amount to a customer under the rebate scheme set out in regulation 5 and the customer is not entitled to the rebate, or to that amount, under the regulation, the provider may recover the amount of the overpayment from the customer.
	(2)	If:
	(a)	a special digital data service provider paid an amount to a third person in the circumstances mentioned in subregulation 5 (7); and
	(b)	the customer concerned is not entitled to a rebate, or to that amount, under the rebate scheme;
		the provider may recover the amount of the overpayment from the customer.
7	Special digital data service obligation — equipment supplied by third person (Act s 19A (8))
	(1)	This subregulation applies to an obligation that arises under subsection 19A (5) in relation to particular customer equipment the supply of which is treated under subsection 14A (5) as the supply of a special digital data service.
	(2)	The obligation is taken to have been fulfilled by a person (in so far as the obligation relates to a particular customer) if:
	(a)	the customer acquires the equipment from a third person otherwise than by way of hire; and
	(b)	the customer is entitled to a rebate from the first‑mentioned person in respect of the acquisition; and
	(c)	the amount of the rebate is the lesser of:
	(i)	50 percent of the cost of purchase and installation of the equipment; and 
	(ii)	$765; and
	(d)	the liability to pay the rebate has been discharged.
Note
1.	Made by the Governor-General on 13 October 1999, and notified in the Commonwealth of Australia Gazette on 20 October 1999.

1999 No. 234.doc, 14/10/99, 4:00 PM

| Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999 | 1999, 234

1999, 234 | Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999 |

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1999 No. 234.doc, 14/10/99, 4:00 PM