Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_35
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 71524–73816

35  Final decision notification requirements—payphone removal proposal
       (1)   As soon as practicable after a primary universal service provider has made a final decision regarding a payphone removal proposal, the primary universal service provider must provide written notification of the final decision to:
         (a)    notifiable payphone removal persons; and
         (b)    any person who made a submission regarding the proposal prior to the final decision.
       (2)   A notification under subsection (1) must include all of the following:
         (a)    a statement of the final decision;
         (b)    the reasons for the final decision, including information about the number of submissions received by the primary universal service provider regarding a payphone removal proposal and a summary of the content of those submissions;
         (c)    an explanation of how the final decision differs from the payphone removal proposal, if at all;
         (d)    details of how a person who disagrees with the final decision may:
         (i) make a complaint to the primary universal service provider regarding the removal of the payphone; and
         (ii) provided that a complaint under subsection (d)(i) has been finalised by the primary universal service provider, make an objection to the ACMA about the final decision.
         (e)    the specified timeframe within which the person may make an objection to the ACMA about the final decision, being 10 business days.
Note: Where the ACMA makes a Direction under either subsections 12EI(2) or (3) of the Act, a primary universal service provider must comply with a Direction to either not remove a payphone (where the payphone has not been removed) or to supply and install a payphone at a particular location within a specified period (where a payphone has already been removed).
       (3)   As soon as practicable after a primary universal service provider has made a final decision regarding a payphone removal proposal, the provider must publish and maintain on its website, the final decision and the information required under subsection (2), for a period of six months after the date of the final decision.

Division 6—Other rules in relation to the location or removal of a payphone