Document ID: chunk:federal_register_of_legislation:C2004A04362:front:0:p16
Version: federal_register_of_legislation:C2004A04362
Segment Type: other
Provision Reference: 
Character Range: 38583–41327

grant a licence under the allocation system.

"(3) The Minister may vary or revoke a determination made under subsection (1).

"(4) The Minister may grant, or refuse to grant, a public mobile licence to an eligible corporation, other than an eligible corporation to which subsection 56(1A) applies, in accordance with a system determined under subsection (1).

"(5) The Minister must cause a copy of each licence to be laid before each House of the Parliament within 15 sitting days of that House after the licence is granted, but failure to do so does not affect the validity of a licence.".

Agreement with carrier about licences

48.     Section 70 of the Principal Act is amended by inserting in paragraph (1)(a) "or 57A" after "57".

49.     After Division 5 of Part 5 of the Principal Act, the following Division is inserted:

"Division 5A—Collection and recovery of public mobile licence charge

Definition

  "87A. In this Division:

'charge' means the charge imposed by section 4 of the Telecommunications (Public Mobile Licence Charge) Act 1992.

When charge is payable

"87B.(1) Subject to subsection (2), charge is to be paid at the time a public mobile licence is granted under section 57A.

"(2) The Minister may determine, in writing, that charge is to be paid:

  (a)     on a day determined by the Minister; or

    (b)     in instalments of such amounts, payable at such times, as the Minister determines.

"(3) The Minister may vary a determination made under subsection (2).

Unpaid charge is a debt due to Commonwealth

"87C. An amount of charge that is payable but has not been paid may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.".

A general carrier may replace, repair and maintain facilities etc.

50. Section 131 of the Principal Act is amended by omitting from subsection (3) "power" and substituting "owner".

Dominant carrier not to discriminate between acquirers of telecommunications services

51. Section 183 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subsection (1) does not apply in relation to discrimination by a carrier in favour of:

     (a)     a person who is a concessional beneficiary within the meaning of Part VII of the National Health Act 1953; or

     (b)     a person to whom, or in respect of whom, a pension or allowance is being paid under the Veterans' Entitlements Act 1986 or the Seamen's War Pensions and Allowances Act 1940; or

     (c)     any other person that the carrier reasonably believes is disadvantaged on financial or health grounds.".

Basic carriage service must be tariffed if supplied to a person other than a carrier

52. Section 194 of the Principal Act is amended by adding at the end