Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_12ee:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 12EE (pt 1/2)
Character Range: 279422–282294

12EE  Performance benchmarks

Determination
 (1) The Minister may make a written determination setting out standards to be complied with by a primary universal service provider in relation to any or all of the following matters:
 (a) the characteristics of a payphone carriage service;
 (b) the supply, installation or maintenance of a payphone;
 (c) the supply of a payphone carriage service;
 (d) the reliability of a payphone;
 (e) the reliability of a payphone carriage service;
 (f) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone following the making of a report about a fault or service difficulty;
 (g) the maximum period within which a primary universal service provider must rectify a fault or service difficulty relating to a payphone carriage service following the making of a report about a fault or service difficulty;
 (h) the handling of requests for the removal of a payphone;
 (i) any other matter concerning:
 (i) the supply, installation or maintenance of a payphone; or
 (ii) the supply of a payphone carriage service.
 (2) A determination under subsection (1) may be of general application or may be limited as provided in the determination.
 (3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.

Determination prevails over inconsistent instruments
 (4) Each of the following instruments:
 (a) an approved policy statement for a primary universal service provider;
 (b) an approved standard marketing plan for a primary universal service provider;
has no effect to the extent to which the instrument is inconsistent with a determination in force under subsection (1).

Determination is a legislative instrument
 (5) A determination under subsection (1) is a legislative instrument.

Performance benchmarks
 (6) The Minister may, by legislative instrument, set minimum benchmarks in relation to compliance by a primary universal service provider with a standard in force under subsection (1).
 (7) An instrument under subsection (6) may be of general application or may be limited as provided in the instrument.
 (8) Subsection (7) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.

Provider must meet or exceed minimum benchmarks
 (9) A primary universal service provider must meet or exceed a minimum benchmark set by an instrument under subsection (6).

Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a breach of a standard
 (10) Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1).
Note: Clause 1 of Schedule 1 to the Telecommunications Act 1997 requires carriers to comply with this Act.

Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not