Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_12ed
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 12ED
Character Range: 277468–279422

12ED  Performance standards

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.

Compliance
 (4) A primary universal service provider must comply with a determination under subsection (1).

Determination prevails over inconsistent instruments
 (5) 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
 (6) A determination under subsection (1) is a legislative instrument.