Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_44
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 83297–85002

44  Payphone must not be removed if decision is subject to a complaint or objection
       A primary universal service provider must not remove a payphone which is the subject of a final decision unless:
         (a)    20 business days have lapsed from when the primary universal service provider gave its written notification of its final decision to remove the payphone and no complaints were received by a primary universal service provider during that period;
         (b)    in the case where one or more complaints have been made to the primary universal service provider about its final decision to remove the payphone, the payphone objection timeframe has lapsed for each complainant and no application has been made to the ACMA in respect of the primary universal service provider's final decision; or
         (c)    where the ACMA has completed its review of the primary universal service provider's decision (in response to a written notification from a person that they object to the removal of the payphone), and the ACMA has provided its final decision to the objection, and that decision is to allow the payphone to be removed.
Note 1:  The payphone objection timeframe is 10 business days (see section 5).
Note 2: Section 12EI of the Act provides if a primary universal service provider has made a decision to remove a payphone from a particular location, the ACMA has the power to give directions to the provider about the removal of payphone in certain circumstances.
Note 3: The ACMA is expected make a decision in relation to an objection to the removal of a payphone within 45 days from the notification of the objection. However, this timeframe may be extended by the ACMA.