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TELECOMMUNICATIONS ACT 1997 - SECT 360V

Rules

  (1)   The Minister may, by legislative instrument, make rules to be complied with by statutory infrastructure providers in relation to any or all of the following matters:

  (a)   the process for resolution of complaints about the supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end - user at premises in a relevant service area;

  (aa)   the terms and conditions (whether or not relating to price or a method of ascertaining price) of the supply of an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to an end - user at premises in a relevant service area;

  (b)   any other matter concerning the supply, or proposed supply, of such an eligible service to a carriage service provider;

  (c)   the process for resolution of complaints about the connection of premises in the service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end - user at the premises;

  (d)   any other matter concerning the connection of premises in the service area to a qualifying telecommunications network in order that a carriage service provider can provide qualifying carriage services to an end - user at the premises;

  (e)   giving the ACMA information or a report in relation to a matter mentioned in any of the above paragraphs.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (1AA)   Rules under subsection   (1) may be of general application or may be limited as provided in the rules.

  (1AB)   Subsection   (1AA) of this section does not, by implication, limit subsection   33(3A) of the Acts Interpretation Act 1901 .

  (1A)   Rules under subsection   (1) may make provision for or in relation to a matter by conferring a power on the ACMA to make a legislative instrument.

  (1B)   Rules under subsection   (1) may declare that a specified rule set out in those rules is a designated compensable rule for the purposes of this Part.

  (1C)   Rules under subsection   (1) may declare that a specified number of days is the relevant number of days for the purposes of the application of subsection   360VE(1) to a specified designated compensable rule.

  (1D)   Subsection   (1) does not, by implication, limit the power to determine standards under subsection   360U(1).

Compliance

  (2)   A statutory infrastructure provider must comply with rules under subsection   (1).

  (3)   However, a statutory infrastructure provider is not required to comply with a rule under subsection   (1) to the extent that the rule is inconsistent with an access agreement to which the statutory infrastructure provider is a party, so long as:

  (a)   the agreement was entered into before the commencement of the rule; and

  (b)   the agreement has not been varied after the commencement of the rule.



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