Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_87e
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 87E
Character Range: 3048–5251

87E  Performance standards

 (1) AUSTEL may, by written instrument, make standards to be complied with by carriers and service providers in relation to:
 (a) the making of arrangements with customers about the period taken to comply with requests to connect customers to specified kinds of telecommunications services; and
 (b) the periods that carriers or service providers may offer to customers when making those arrangements; and
 (c) the compliance by carriers and service providers with the terms of those arrangements; and
 (d) the period taken to comply with requests to rectify faults or service difficulties relating to specified kinds of telecommunications services, where the rectification follows the making of a customer report about a fault or service difficulty; and
 (e) the keeping of appointments to meet customers, or representatives of customers, where the appointment relates to:
 (i) a connection of a kind covered by paragraph (a); or
 (ii) a rectification of a kind covered by paragraph (d); and
 (f) any other matter in relation to which AUSTEL thinks it appropriate to develop standards.

 (2) A standard under this section that relates to a particular kind of telecommunications service does not apply to a particular carrier or service provider in connection with the supply of that kind of service at a particular location unless the carrier or service provider:
 (a) supplies that kind of service at that location; or
 (b) offers to supply that kind of service at that location.

 (3) AUSTEL must not make a standard under this section unless it is directed to do so by the Minister under section 87P.

 (4) A standard under this section may be of general application or may be limited as provided in the standard. This subsection does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.

 (5) A standard under this section takes effect:
 (a) if the instrument making the standard specifies a day for the purpose—on that day; or
 (b) otherwise—on the day on which the standard was notified in the Gazette.

 (6) A standard under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.