Document ID: chunk:federal_register_of_legislation:F2022L00739:body:0:p4
Version: federal_register_of_legislation:F2022L00739
Segment Type: other
Provision Reference: 
Character Range: 8574–11485

time at which the circumstances ceased to prevent the provider from complying with the payphone benchmark standard; and

       (i)     whether the payphone to which the report relates, is located in:

            (i)                 an urban area;

            (ii)              a rural area; or

            (iii)            a remote area.
   9 Records relating to a primary universal service provider's procedures
   A primary universal service provider that claims it is exempt from compliance with the payphone benchmark standards by reason of paragraphs 12(1)(a) or (b) of the Payphones Determination, must keep records of the procedures that the provider has in place to ensure that it does not rely on an exemption in circumstances that are not beyond the provider's control.

        Note: Subsection 12(3) of the Payphones Determination provides that a primary universal service provider is not exempt from compliance with a payphone benchmark standard unless the provider has such procedures in place.

   Part 3  Retention of Records

   10 Period for retention of records
   If, in a financial year, a primary universal service provider is required to keep a record of a matter described in Part 2, the primary universal service provider must retain that record for a period that expires no earlier than two years after the end of that financial year.

        Note: For example, if in accordance with Part 2, a primary universal service provider keeps a record of a matter in the financial year commencing 1 July 2022 and ending 30 June 2023, that record must be retained until at least 30 June 2025.

   Part 4  Reporting

   11 Requirement to prepare compliance reports

     (1)     A primary universal service provider must, in accordance with this section, prepare a compliance report in respect of each financial year.

     (2)     A compliance report must:

        (a)     include the information specified in Schedule 1; and

        (b)     be in the form specified in Schedule 2.
   12 Requirement to give compliance reports to the ACMA

     (1)     A primary universal service provider must give to the ACMA a compliance report in respect of each financial year no later than 40 business days after the end of the financial year, or such later time as agreed in writing by the ACMA.

     (2)     A compliance report must be given to the ACMA by electronic transmission to the email address published for the purposes of this subsection from time to time on the ACMA website.
   Part 5  Audit

   13 Auditing of compliance with these Rules

     (1)     Subject to subsection (4), the ACMA may, in accordance with subsections (2) or (3), by written notice given to a primary universal service provider, require the primary universal service provider to engage, at its own cost, an external auditor to audit the compliance of the primary universal service provider with these Rules.