Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_12:p1
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 12 (pt 1/2)
Character Range: 39137–42242

12  Primary universal service provider must comply with standards
       (1)   A primary universal service provider must comply with the payphone benchmark standards, unless:
         (a)    a law of the Commonwealth or a State or Territory prevents the provider from complying with a payphone benchmark standard; or
         (b)    there are circumstances beyond the control of the provider that prevent the provider from complying with a payphone benchmark standard.

       (2)     For the purposes of paragraph (1)(b), circumstances beyond the control of a primary universal service provider include (but are not limited to) the following circumstances:
         (a)    damage to a primary universal service provider's facility that is used in relation to the payphone or the payphone carriage service that is not caused by the provider;
         (b)    a natural disaster that:
         (i) causes mass outages of payphones or payphone carriage services; and
         (ii) restricts rectification of a fault or service difficulty;
         (c)    extreme weather conditions that:
         (i) causes mass outages of payphones or payphone carriage services; and
         (ii) restricts rectification of a fault or service difficulty;
         (d)    a primary universal service provider is requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services restricts rectification of a fault or service difficulty;
         (e)    a primary universal service provider is prevented from rectifying a fault or service difficulty, because the provider is unable to obtain lawful access to land or a facility;
         (f)     where a third party fails to provide sufficient power to operate a payphone which prevents a primary universal service provider from complying with a payphone benchmark standard;
         (g)    the modification, maintenance or upgrade of a facility or network that is used to supply the payphone or a payphone carriage service, where such modification, maintenance or upgrade work occurs in connection with the migration of services to the national broadband network;
         (h)    the need to move staff or equipment to an area affected by circumstances beyond the control of the provider.
       (3)   A primary universal service provider is not exempt from compliance with a payphone benchmark standard unless the primary universal service provider has procedures in place to ensure that it does not rely on the exemption in circumstances that are not beyond its control.
       (4)   If a primary universal service provider was prevented from complying with a payphone benchmark standard as a result of:
         (a)    a law of the Commonwealth, a State or a Territory; or
         (b)    circumstances beyond the control of the primary universal service provider;

       the provider must ensure it complies with the payphone benchmark standard from the time that the provider is no longer prevented from complying with the payphone benchmark standard by the law or the circumstances (as the