Document ID: chunk:federal_register_of_legislation:F2022L00739:body:0:p1
Version: federal_register_of_legislation:F2022L00739
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Telecommunications (Payphone Performance Benchmarks) Record-Keeping Rules 2022

The Australian Communications and Media Authority makes the following Rules under section 529 of the Telecommunications Act 1997.

Dated: 2 June 2022

Creina Chapman
[signed]
Member

Fiona Cameron
[signed]
Member/General Manager

Australian Communications and Media Authority

Part 1 Introduction

   1 Name of Rules
   These Rules are the Telecommunications (Payphone Performance Benchmarks) Record-Keeping Rules 2022.
   2 Commencement
   These Rules commence at the start of the day after the day they are registered on the Federal Register of Legislation.
         Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

   3 Authority
    These Rules are made under section 529 of the Telecommunications Act 1997.
   4 Definitions
     (1)   In these Rules, unless the contrary intention appears:
     ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
     applicable payphone has the meaning given in section 5.
     audit report means a report that includes the items specified in subsection 16(4).
     compliance report means a report under section 11.
     maximum rectification period has the meaning given in section 6.
     nominated area means Australia.
     payphone has the meaning given by section 9C of the TCPSS Act.
     payphone carriage service has the meaning given by subsection 5(2) of the TCPSS Act.
     Payphones Determination means the Telecommunications (Payphones) Determination 2022.
     primary universal service provider has the meaning given by section 12A of the TCPSS Act.
     rectification period means the period taken to rectify a fault or service difficulty relating to a payphone or payphone carriage service, excluding any period during which the primary universal service provider was not required to comply with a payphone benchmark standard in relation to the fault or service difficulty because of an exemption under paragraph 12(1)(a) or 12(1)(b) of the Payphones Determination.
     TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
     Telecommunications Act means the Telecommunications Act 1997.

     (2)   In these Rules, unless the contrary intention appears, the following terms have the meaning given to them in the Payphones Determination:
       (a)   fault or service difficulty;

       (b)   payphone benchmark standards;

       (c)   payphone register;

       (d)   payphone site;

       (e)   remote area;

       (f)    rural area; and

       (g)   urban area.

       Note 1: The expressions 'business day' and 'financial year' are defined in section 2B of the Acts Interpretation Act 1901.
       Note 2:  Unless the contrary intention appears, expressions used in these Rules and in the Telecommunications Act have the same meaning in these Rules as in the Telecommunications Act.
   5 Applicable payphone
   A payphone is an applicable payphone if it is:
       (a) situated at a payphone site specified in a payphone register; and
       (b) provided in accordance with paragraph 9(1)(b) and subsection 9(2A) of the TCPSS Act.
   6 Maximum rectification