cyril: I believe they use BW management which means it could momentarily burst beyond 5Mbit, but he would never get more than 5Mbit overall. My father in law's connection was the same. I suggest he calls Telstra and finds out about the plan he is on.
Well if you want to take it that way then concider that the handover between TCL and Telecom wholesale is via a 48kb/s point, but how thats calculated is also time and overall traffic level related, as Gary says, your information is incorrect.
Cyril