Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_20
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 50165–52399

20  Installation of payphones
       (1)   A primary universal service provider may only install a payphone at a new payphone site, if the provider has complied with the rules in relation to the process for public consultation on the location of payphones set at Division 2 of Part 5.
       (2)   A primary universal service provider is not required to install a payphone at a new payphone location if:
         (a)    the primary universal service provider has complied with Division 2 of Part 5 with respect to a proposal to install a payphone at the new payphone location; and
         (b)    either:
         (i) installing and maintaining a payphone at the new payphone location would not deliver a net social benefit to the local community; or
         (ii) a primary universal service provider cannot reasonably install and operate a payphone at the new payphone location.
       (3)   In determining whether installing and maintaining a payphone at a new payphone location would not deliver a net social benefit to the local community, a primary universal service provider must only have regard to the social benefit factors.
       (4)   In determining whether a payphone can reasonably be installed and operated at a new payphone location, a primary universal service provider may only have regard to:
         (a)    whether it has taken all reasonable steps required to obtain relevant approvals for the installation of a payphone; and
         (b)    whether it has taken all reasonable steps required to obtain relevant approvals for access to the new payphone location; and
         (c)    the extent to which it is reasonably practicable to provide power to the new payphone location; and
         (d)    the safety of the public, users of the payphone and the provider's employees and agents.
       (5)   The obligation to install a payphone at a site within a new payphone location commences immediately after the primary universal service provider has:
         (a)    provided written notification of its final decision, made in accordance with this instrument, to locate a payphone at a particular site within the payphone location; and
         (b)    finalised any complaints made about that final decision.