Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023 (Cth)

Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023

I, Michelle Rowland, Minister for Communications, make the following instrument.

Dated 31 August 2023

Michelle Rowland Minister for Communications

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions 5 Schedules 6 Location-specific thresholds 7 Repeal Part 2—Retail Performance Benchmarks Division 1 Performance benchmarks 8 Performance benchmarks for connection period performance standard 9 Performance benchmarks for rectification period performance standard 10 Performance benchmark for appointment‑keeping performance standard Division 2 Compliance with performance benchmarks 11 Contravention of a performance benchmark Schedule 1— Repeals 7

Part 1—Preliminary

1 Name This instrument is the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023.

2 Commencement This instrument commences on the day after this instrument is registered.

3 Authority This instrument is made under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

4 Definitions (1) In this instrument: Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999. ACMA means the Australian Communications and Media Authority. appointment‑keeping performance standard means the standard specified in the CSG standard that requires a carriage service provider to keep an appointment to which the provider is a party. carriage service provider has the same meaning as section 87 of the Telecommunications Act 1997. connection period performance standard means in respect of an in-place connection request or a new connection request (as applicable): (a) the standard specified in the CSG Standard for connection in the relevant guaranteed maximum connection period; or (b) if an arrangement in the CSG Standard providing for a connection period that is either shorter or longer than the guaranteed maximum connection period is in place – the standard provided by that arrangement. CSG service has the same meaning as in the CSG Standard. CSG Standard means the instrument made under sections 115, 117 and 120 of the Act, as in force from time to time. in-place connection means an "in-place connection" as described in the CSG Standard. in-place connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that has an in-place connection. major rural area means an urban centre or other recognised community grouping with a population greater than 2,500 but less than 10,000 people. minor rural area means an urban centre, locality or other recognised community grouping with a population of greater than 200 but not more than 2,500 people. new connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that does not have an in-place connection and that site is in close proximity to external plant and facilities that have sufficient capacity to supply the service. new CSG standard means the legislative instrument made by ACMA subject to the direction in section 6 of the Telecommunications (Customer Service Guarantee) Direction 2023. qualifying carriage service provider means in respect of a benchmark period, a carriage service provider that on the last day of the financial year preceding that benchmark period, supplied 100,000 CSG services or more where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider's supply of those CSG services. rectification period performance standard means in respect of a fault or service difficulty reported to a carriage service provider by a customer (as applicable): (a) the standard specified in the CSG Standard for rectification in the relevant guaranteed maximum rectification period; or (b) if an arrangement in the CSG Standard providing for a rectification period that is either shorter or longer than the guaranteed maximum rectification period is in place – the standard provided by that arrangement. remote area means a geographic area which is not an urban area, major rural area or minor rural area. rural area means an area that is either a major rural area or a minor rural area. urban area means an urban centre with a population equal to or greater than 10,000 people. (2) Unless the contrary intention appears, expressions used in this instrument and in the CSG Standard have the same meaning in this instrument as in the CSG Standard. (3) For the purposes of this instrument, each of the following is taken to be a benchmark period: (a) the financial year in which this instrument commences; and (b) each financial year following.