Commonwealth of Australia

Telecommunications Act 1997

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2014)

I, MALCOLM BLIGH TURNBULL, Minister for Communications, make the following declaration under subsection 63(5) of the Telecommunications Act 1997.

Dated 14 July 2014.

MALCOLM TURNBULL

Minister for Communications

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1 Name of declaration

This declaration is the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2014).

2 Commencement

This declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Variation

The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 is amended as set out in the Schedule to this declaration.

4 Expiry

This declaration expires on the day after it commences as if it had been repealed by another legislative instrument.

Schedule Amendments

(Section 3)

[1] Clause 11 (Differential charging conditions)

Repeal the clause (including the heading).

[2] Subclause 19(3) (note) (Priority assistance arrangements)

Omit “a draft”, substitute “an”.

[3] Clause 22 (Low-income measures)

Repeal subclauses (1) to (8), substitute:

(1) The licensee must offer products and arrangements to low‑income customers (the low‑income package) that have been endorsed by low‑income consumer advocacy groups.

(2) The licensee must comply with the low‑income package as in force or existing from time to time.

(3) The licensee must maintain and adequately resource a Low‑income Measures Assessment Committee (LIMAC), comprising representatives of low‑income consumer advocacy groups that work on behalf of people on a low income.

(4) The role of LIMAC will be to assess proposed changes to the low-income package or to the marketing plan for the low-income package.

(5) The licensee must have in place a marketing plan for making low‑income consumers aware of the low‑income package, being a plan that has been approved by LIMAC.

(6) The licensee must seek and consider the views of LIMAC before it makes any significant change to the low‑income package.

Note: It is intended that the licensee may make minor non‑substantive changes to the low‑income package (such as minor editorial or typographical corrections) without having to seek and consider the views of LIMAC. LIMAC is to be consulted on other proposed changes to the low‑income package.

[4] After item (1A) of Schedule 4 (Definitions)

Add:

(1B) For the purposes of this Schedule:

(a) the rules set out in section 577Q of the Act apply for determining whether the licensee is in a position to exercise control of a local access network;

(b) local access network has the meaning generally accepted within the telecommunications industry.

[5] The words immediately before item (6) of Schedule 4 (Priority assistance – Connections)

Omit “The priority assistance policy must satisfy the following objectives:”, substitute “Where a service is supplied using a local access network over which the licensee is in a position to exercise control, the priority assistance policy must satisfy the following objectives:”.

[6] Paragraph (9)(a) of Schedule 4 (Priority assistance – Service reliability)

Omit “telecommunications network”, substitute “local access network”.

[7] Paragraph (9)(c) of Schedule 4 (Priority assistance – Service reliability)

Repeal the paragraph.

[8] The words immediately before item (10) of Schedule 4 (Priority assistance – Fault Rectification)

[9] Item (20) of Schedule 4 (Priority assistance – To be provided in exceptional circumstances)

Omit “section 2.4.4 of the licensee’s approved USO standard marketing plan”, substitute “the CSG Standard”.

[10] Subparagraph 20(b)(ii) of Schedule 4 (Priority assistance – To be provided in exceptional circumstances)

Omit all the words from and including “and report to” to and including “subparagraph (i)”.