Commonwealth of Australia

Telecommunications (Consumer Protection and Service Standards) Act 1999

Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument

(No. 1) 2011 (Amendment No. 1 of 2012)

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, make the following amending instrument under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 33(3) of the Acts Interpretation Act 1901.

Dated 20 June 2012

STEPHEN MICHAEL CONROY

Minister for Broadband, Communications and the Digital Economy

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1               Name of Instrument

This Instrument is the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 (Amendment No. 1 of 2012). 

2               Commencement

This Instrument commences on 1 July 2012.

3               Variation

The Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 is amended as set out in the Schedule to this Instrument.

Schedule  Amendments

[1] Section 3  

Omit:  

connection period performance standard has the meaning given by subsection 6(1) of this Instrument.

in-place connection request means a request made by a customer to a carriage service provider for connection to a CSG service where the carriage service provider is required to comply with the request in the guaranteed maximum connection period at item 201 of Schedule 1 to the CSG Standard.

new connection request refers to a request made by a customer to a carriage service provider for connection to a CSG service where the carriage service provider is required to comply with the request in the guaranteed maximum connection period at item 202 of Schedule 1 to the CSG Standard.

rectification period performance standard has the meaning given by subsection 7(1) of this Instrument.

Insert:

connection period performance standard means in respect of an in-place connection request or a new connection request:

(a)          the standard at subsection 8(3) of the CSG Standard; or

(b)          if an arrangement of the kind mentioned in section 9 of the CSG Standard is in place – the standard provided for by that arrangement.

in-place connection means an in-place connection as described in item 101 of Schedule 1 to 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.

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.

rectification period performance standard means in respect of a fault or service difficulty reported to a carriage service provider by a customer:

(a)          the standard at subsection 11(5) of the CSG Standard; or

(b)          if an arrangement of the kind mentioned in section 14 of the CSG Standard is in place – the standard provided for by that arrangement.

[2] Subsection 6(1)  

Omit:

‘standard at subsection 8(3) of the CSG Standard (connection period performance standard).’

Substitute with:

‘connection period performance standard.’

[3] Subsection 7(1)  

Omit the following words in subsection 7(1):

‘standard at subsection 11(5) of the CSG Standard (rectification period performance standard).’

Substitute with:

‘rectification period performance standard.’