Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017 (Cth)

Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017

Telecommunications Act 1997

I, MITCH FIFIELD, Minister for Communications, give the following direction under subsection 125AA(4) of the Telecommunications Act 1997.

Dated 20 Dec 2017

MITCH FIFIELD Minister for Communications

Part 1—Introduction

1 Name This instrument is the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017.

2 Commencement This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Authority This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.

4 Definitions In this instrument: ACMA means the Australian Communications and Media Authority. Act means the Telecommunications Act 1997. legacy network means one or more network units used by a carriage service provider to supply a legacy service. legacy service means: (a) a legacy service within the meaning of Part 4 of the Telecommunications Regulations 2001; and (b) a telecommunications service supplied using a hybrid fibre-coaxial network. national broadband network has the same meaning as in the National Broadband Network Companies Act 2011. NBN means the national broadband network. Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) carriage service provider; (b) carrier; (c) hybrid fibre-coaxial network; (d) network unit; (e) use.

Part 2—Direction to the ACMA

Division 1—Direction

5 Direction on industry standard (1) I direct the ACMA to determine an industry standard under subsection 125AA(1) of the Act that complies with Divisions 2, 3 and 4 of this Part. Note: The ACMA may comply with this subsection by determining one or more industry standards: see paragraph 23(b) of the Acts Interpretation Act 1901. (2) An industry standard referred to in subsection (1) is: (a) to be determined no later than six months after the commencement of this direction; and (b) to commence in whole or in part no later than three months after it is made. (3) In determining an industry standard for the purposes of subsection (1), I direct the ACMA to consider conferring functions and powers on the Telecommunications Industry Ombudsman. Note: If the Telecommunications Industry Ombudsman consents, an industry standard may confer functions and powers on the Telecommunications Industry Ombudsman: see section 114 of the Act. (4) I direct the ACMA to vary an industry standard made under this Part, as it considers necessary from time to time, in a like manner and subject to like conditions specified in subsection (1). Note: The power to make an industry standard determined under subsection 125AA(1) includes the power to vary that standard in a like manner: see subsection 33(3) of the Acts Interpretation Act 1901.