Document ID: chunk:federal_register_of_legislation:F2020C01085:reg:5:p1
Version: federal_register_of_legislation:F2020C01085
Segment Type: reg
Provision Reference: reg 5 (pt 1/4)
Character Range: 3590–6561

5  Definitions

In this industry standard:

       ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

       alternative arrangement means an arrangement agreed by the NBN CSP and the consumer, where the requirement to supply a legacy service under Part 3 applies, and may include:

           (a) the payment of reasonable compensation;

           (b) the application of credit to the consumer's account for mobile data;

           (c) payment to an alternative provider for the provision of a mobile data service; or

           (d) any other arrangement agreed by the NBN CSP and the consumer that is not merely:

              (i) rescheduling an appointment to provide an operational NBN service; or

              (ii) an arrangement that the consumer need not make payments in relation to an NBN service that is not operational.

       Category A process has the same meaning as in the LNP Code.

consumer means:

           (a)          an individual who acquires or may acquire a carriage service for the primary purpose of personal or domestic use and not for resale; or

           (b)          a business or non-profit organisation which acquires or may acquire one or more carriage services which are not for resale and which, at the time it enters into the consumer contract:

              (i)            does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and

              (ii)         has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000.

       A reference to a consumer includes a reference to the consumer's representative.

       consumer contract means an arrangement or agreement between a carriage service provider listed in either subparagraph 4(a)(i) or (ii) and a consumer for the supply of a carriage service to that consumer, and includes a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

interim service means a voice service or broadband service, or both, other than a legacy service, NBN backup service or NBN service, supplied or arranged to be supplied by a carriage service provider to a consumer.

legacy CSP means a carriage service provider who supplied a legacy service to a consumer at the relevant premises under a consumer contract using a legacy network immediately prior to the consumer attempting to migrate to the NBN.

legacy network means one or more network units used by a carriage service provider to supply a legacy service.

legacy network carrier means a carrier mentioned in subparagraph 4(a)(iii).

legacy service has the same meaning as in section 4 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017.

LNP Code means the Local Number Portability Code C540:2013 or an industry