Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_12t
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 12T
Character Range: 58009–60591

12T  Approval of draft ATS marketing plan

 (1) The ACA must approve, or refuse to approve, a draft ATS marketing plan that a primary universal service provider gives to the ACA.

 (2) The ACA must not approve the draft unless it is satisfied that:
 (a) the draft specifies appropriate equipment, goods or services that the provider will supply in supplying the alternative telecommunications services; and
 (b) the draft adequately deals with how the provider will supply alternative telecommunications services in fulfilment of the service obligation concerned, so far as it relates to the area concerned; and
 (c) the alternative telecommunications services are of general appeal and are appropriate for fulfilling that service obligation, so far as it relates to that area; and
 (d) the draft sets out appropriate terms and conditions on which the equipment, goods or services are to be supplied; and
 (e) the draft sets out appropriate arrangements for the marketing of the supply of the equipment, goods or services to persons in that area; and
 (ea) the draft includes a requirement that, before entering into an agreement to supply a person with alternative telecommunications services, the provider must give to the person information about the substantive differences between:
 (i) what is to be supplied under the draft in fulfilment of the service obligation concerned, so far as it relates to the area concerned; and
 (ii) what would be supplied under the provider's draft standard marketing plan or approved standard marketing plan in fulfilment of the same service obligation, so far as it relates to the same area; and
 (f) the draft sets out appropriate procedures that the provider will comply with if the provider ceases to supply alternative telecommunications services in fulfilment of that service obligation, so far as it relates to that area; and
 (g) the requirements of section 12S have been met.

 (3) The procedures referred to in paragraph (2)(f) must include the giving of at least 45 days' notice to the ACA, or such other notice as the ACA determines in writing is adequate for the purposes of that paragraph.

 (4) In deciding whether to approve the draft, the ACA must also have regard to:
 (a) whether the draft complies with the requirements (if any) under section 12Q; and
 (b) any other matters determined in writing by the Minister for the purposes of this paragraph; and
 (c) any other matters the ACA considers relevant.

 (5) A copy of a determination made for the purposes of paragraph (2)(f) or (4)(b) must be published in the Gazette.