Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_31:p1
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 31 (pt 1/2)
Character Range: 65856–68757

31  Requirements of payphone removal consultation document
       (1)   Except in the circumstances where there would be at least another payphone remaining at the site at which the payphone (which is the subject of the removal) is located, a primary universal service provider is required to:
         (a)    prepare a payphone removal consultation document; and
         (b)    publish a copy of the payphone removal consultation document on the first page of the section of its website relating to payphones at least 42 days prior to the intended final decision date; and
         (c)    ensure that a copy of the document remains accessible on its website for the consultation period until six months after the date of the final decision.
       (2)   A payphone removal consultation document must:
         (a)    comply with any guidelines prepared by the ACMA that set out the format for such a document; and
         (b)    include the following information:
         (i) a primary universal service provider's reasons for the payphone removal proposal including facts upon which the proposal is based;
         (ii) to the extent that it is available, and it is reasonable for a primary universal service provider to disclose it - evidence proving those facts;
         (iii) a statement about which criteria under paragraph 21(1)(b) are considered to apply to the proposed payphone removal;
         (iv) details of the means by which a complaint may be made by a person about a final decision concerning the proposed removal of the payphone; and
         (v) notification, for the purposes of the Privacy Act 1988, that should a person make a complaint, the primary universal service provider may be required to disclose the complainant's personal information (as contained in the complaint) to the ACMA if there is an objection to a proposed payphone removal that is the subject of a final decision.

Division 4—Payphone removal—at least one payphone remaining at site

 32  Application of this Division
       (1)     This Division applies:
         (a)     to a payphone removal proposal where a primary universal service provider proposes to remove a payphone from a site and, if that removal were to occur, one or more payphones would remain at that site; or
         (b)     where a primary universal service provider proposes to relocate a payphone from one site (current site) to another site (new site) and either:
            (i) there will still be at least one payphone at the current site following the proposed removal; or
            (ii) there will be no payphone at the current site following the proposed removal, but the new site is within 200 metres of the current site.
     Note: Where the new site is located more than 200 metres from the current site, see Division 3.
       (2)   This Division does not apply where a payphone removal arises as a direct result