Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

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Consequential amendments of Principal Act.

16.— The Principal Act is amended—

(a) in section 2(1)—

(i) by substituting for the definition of “Minister” the following:

“ ‘Minister’ means Minister for Communications, Energy and Natural Resources;”,

(ii) by inserting after the definition of “postal services” the following:

“ ‘premium rate service’ has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;

‘premium rate service licence’ means a licence granted under section 6 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 to provide premium rate services;

‘premium rate service provider’ has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;”, and

(iii) in the definition of “end user” (inserted by section 3(c) of the Act of 2007) by inserting “or a premium rate service” after “associated facility”,

(b) in section 12(1)—

(i) in paragraph (b), after “under section 13,” by deleting “and”,

(ii) in paragraph (c), by substituting “users, and” for “users”, and

(iii) by inserting after paragraph (c) the following:

“(d) to protect the interests of end users of premium rate services.”,

(c) in section 13(1), by substituting “electronic communications, premium rate services” for “electronic communications”,

(d) in section 30—

(i) by inserting after subsection (2) the following:

“(2A) For the purpose of meeting expenses properly incurred by the Commission in the discharge of its function in relation to premium rate services, the Commission may make an order imposing a levy on premium rate service providers.”,

(ii) in subsection (3) by inserting “or premium rate services” after “electronic communications services”,

(iii) by substituting for subsection (11) the following:

“(11) The Commission shall not impose a levy on providers of—

(a) electronic communications for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or premium rate services,

(b) postal services for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of electronic communications services or premium rate services, or

(c) premium rate services for the purposes of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or electronic communications services.”,

and

(iv) in subsection (13) by substituting “this section” for “subsection (1) or (2)”,

(e) in section 31(2) by inserting “premium rate services,” after “communications,”,

(f) in section 31B(2) (inserted by section 9 of the Act of 2007) by substituting for paragraph (c) the following:

“(c) regulating postal services, and

(d) regulating premium rate services.”,

(g) in section 31C(2) (inserted by section 9 of the Act of 2007) by inserting “premium rate services,” after “communications,”,

(h) in section 32(1) by inserting “and premium rate services” after “electronic communications”, and

(i) in section 39—

(i) in subsection (1), by inserting “or the Competition Act 2002” after “this Act”,

(ii) in subsection (3), by inserting “the Competition Act 2002” after “under this Act,”, and

(iii) in subsection (3), by inserting “or premium rate services” after “postal services” in each place it occurs in paragraphs (a), (b), (c) and (g).