Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 73

73. (1) This section applies where:

   (a)  at the commencement of this section, Telecom supplies, or offers to
        supply, to persons within a particular area within Australia, a
        telecommunications service that is at that commencement the
        standard telephone service; and

   (b)  under the terms and conditions on which Telecom supplies, or would
        supply, that service to persons in that area, the charges for calls of
        a particular kind made using the service are, or would be, worked out
        by reference to the number of such calls made during a particular
        period, regardless of how long each call lasted.

(2) A general carrier must not supply a standard telephone service to an
eligible customer in that area except on terms and conditions under which:

   (a)  the customer may choose, on connection of the service, to have the
        charges for calls of that kind that are made using the service worked
        out as mentioned in paragraph (1) (b); and

   (b)  if the customer chooses as mentioned in paragraph (a), the carrier
        must not work out the charges for such calls in any other way except
        with the customer's written consent; and

   (c)  if the customer:

   (i)  does not choose as mentioned in paragraph (a); or

   (ii) consents to having the charges for such calls worked out otherwise
        than as mentioned in paragraph (1) (b); the customer may later give
        the carrier a written notice to the effect that the customer wishes
        the charges for such calls to be worked out as mentioned in paragraph
        (1) (b); and

   (d)  if the customer gives the carrier such a notice, the carrier:

   (i)  must, in respect of the earliest practicable period beginning after it
        receives the notice, work out the charges for such calls as mentioned
        in paragraph (1) (b); and

   (ii) must not, in respect of a period after the period referred to in
        subparagraph (i), work out the charges for such calls in any other way
        except with the customer's written consent.

(3) In this section:
``Australia" does not include the prescribed external Territories; ''
NAME="eligible_customer"> ``eligible customer" means:

   (a)  a residential customer; or

   (b)  a customer that is:

   (i)  a charitable body or organisation; or

   (ii) a welfare body or organisation. ''PRE>