Document ID: chunk:federal_register_of_legislation:F2023L00221:clause:1_8:p1
Version: federal_register_of_legislation:F2023L00221
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/4)
Character Range: 20283–23343

8  Notification requirements
(1)    Subsections (3), (4), (5) and (6) set out the notification requirements applying to subsection 7(1).

(2)    Subsection (7) sets out the notification requirements applying to subsection 7(4).

(3)    A primary universal service provider must, within 10 business days of deciding that one or more of the circumstances in paragraph 7(1)(a) (except for the circumstances in subparagraphs 7(1)(a)(iv) and (v)) applies to the request, send to the person making the request a statement in writing setting out:

       (a)      which of the circumstances listed in paragraph 7(1)(a)  the primary universal service provider is relying on in coming to its decision that the obligation to supply a standard telephone service does not arise; and
(b)      the grounds on which the primary universal service provider has based its judgment that that circumstance, or each of those circumstances, applies to the request; and
          (c) the entitlement of the person making the request to dispute that the circumstance applies to the request by:
(i)       requesting the primary universal service provider to reconsider whether the grounds referred to in paragraph (3)(b) exist or are a proper basis for the primary universal service provider to form the view that the obligation to supply a standard telephone service does not arise; or
(ii)     complaining to the Telecommunications Industry Ombudsman, following such a request for reconsideration; and
          (d) how the person making the request can contact the primary universal service provider and the Telecommunications Industry Ombudsman.
Note: The Telecommunications Industry Ombudsman will not investigate or facilitate the resolution of a complaint made following a request for reconsideration where it determines that:
               (a)     the person making the request is not a person who may make a complaint to the Telecommunications Industry Ombudsman; or

               (b)     the Telecommunications Industry Ombudsman does not have the jurisdiction to investigate or facilitate the resolution of that complaint.

(4)    A primary universal service provider must, within 10 business days of deciding that the circumstance in subparagraph 7(1)(a)(iv) applies to the request, send to the person making the request a statement in writing setting out:

         (a)    the decision of the primary universal service provider not to provide a service to that person based on:
(i)         the personal credit history of the person making the request; or
(ii)        any other relevant grounds; and
(b)    the entitlement of that person to request that the primary universal service provider reconsider the decision not to provide a service to that person.

(5)    If a person makes a request under paragraph (4)(b) that the primary universal service provider reconsider the decision not to provide a service to that person, and the primary universal service provider decides that the circumstance in subparagraph 7(1)(a)(iv) continues to apply to that person's request