WIPO Lex

Telecommunications Act 1997 (consolidated as of 23 June 2017)

Prepared by the Office of Parliamentary Counsel, Canberra

Telecommunications Act 1997

No. 47, 1997

Compilation No. 85

Compilation date: 23 June 2017

Includes amendments up to: Act No. 51, 2017

Registered: 30 June 2017

This compilation is in 2 volumes

Volume 1: sections 1–594

Volume 2: Schedules

Endnotes

Each volume has its own contents

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About this compilation

This compilation

This is a compilation of the Telecommunications Act 1997 that shows the text of

the law as amended and in force on 23 June 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Contents

Schedule 1—Standard carrier licence conditions 1

Part 1—Compliance with this Act 1 1 Compliance with this Act ..................................................................1

Part 3—Access to supplementary facilities 2 16 Simplified outline ..............................................................................2

17 Access to supplementary facilities.....................................................2

18 Terms and conditions of access .........................................................4

19 Ministerial pricing determinations.....................................................5

Part 4—Access to network information 7 20 Simplified outline ..............................................................................7

21 Access to network information ..........................................................7

22 Access to information in databases....................................................8

23 Access to network planning information ...........................................8

24 Access to information about likely changes to network

facilities—completion success rate of calls .......................................9

25 Access to quality of service information etc. ...................................10

26 Security procedures .........................................................................11

27 Terms and conditions of compliance ...............................................11

27A Code relating to access to information ............................................12

28 Ministerial pricing determinations...................................................12

29 Consultation about reconfiguration etc. ...........................................13

29A Code relating to consultation ...........................................................14

Part 5—Access to telecommunications transmission towers and

to underground facilities 15 30 Simplified outline ............................................................................15

31 Definitions.......................................................................................15

32 Extended meaning of access............................................................16

33 Access to telecommunications transmission towers ........................16

34 Access to sites of telecommunications transmission towers ............18

35 Access to eligible underground facilities .........................................21

36 Terms and conditions of access .......................................................23

37 Code relating to access ....................................................................25

38 Industry co-operation about sharing of sites and eligible

underground facilities ......................................................................25

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39 This Part does not limit Part 3 of this Schedule...............................25

Part 6—Inspection of facilities etc. 26 40 Simplified outline ............................................................................26

41 Records relating to underground facilities .......................................26

42 Regular inspection of facilities ........................................................27

43 Prompt investigation of dangerous facilities....................................27

44 Remedial action...............................................................................28

Part 7—Any-to-any connectivity 29 44A Simplified outline ............................................................................29

45 Definitions.......................................................................................29

46 Carriers must obtain designated interconnection services

from carriage service providers for the purpose of ensuring

any-to-any connectivity ...................................................................30

47 Designated interconnection services................................................31

Part 9—Functional separation of Telstra 33

Division 1—Introduction 33

68 Simplified outline ............................................................................33

69 Definitions.......................................................................................33

70 Declared network services...............................................................34

71 Regulated services ...........................................................................35

72 Notional contracts............................................................................35

Division 2—Functional separation undertaking 36

73 Contents of draft or final functional separation undertaking ...........36

74 Functional separation principles ......................................................37

75 Functional separation requirements determination ..........................38

76 Draft functional separation undertaking to be given to

Minister ...........................................................................................43

77 Approval of draft functional separation undertaking by

Minister ...........................................................................................46

78 Time limit for making an approval decision....................................48

79 Effect of approval ............................................................................48

80 Variation of final functional separation undertaking .......................49

81 Publication of final functional separation undertaking ....................51

82 Compliance with final functional separation undertaking ...............51

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Part 10—Control and use by Telstra of certain spectrum

licences 52

Division 1—Introduction 52

83 Simplified outline ............................................................................52

Division 2—Control and use by Telstra of certain spectrum

licences 53

84 Control by Telstra of certain spectrum licences...............................53

85 Use by Telstra of certain spectrum licences ....................................54

Division 3—Other provisions 56

86 Associate .........................................................................................56

87 Control.............................................................................................57

88 When Telstra is in a position to exercise control of a

spectrum licence ..............................................................................57

Schedule 2—Standard service provider rules 59

Part 1—Compliance with this Act 59 1 Compliance with this Act ................................................................59

Part 2—Operator services 60 2 Simplified outline ............................................................................60

3 Scope of Part ...................................................................................60

4 Operator services must be provided to end-users of a

standard telephone service...............................................................60

5 Access to end-users of other carriage service providers ..................60

Part 3—Directory assistance services 62 6 Simplified outline ............................................................................62

7 Directory assistance services must be provided to end-users...........62

8 Access by end-users of other carriage service providers .................62

Part 4—Integrated public number database 64 9 Simplified outline ............................................................................64

10 Carriage service providers must give information to Telstra ...........64

11 Carriage service providers must give information to another

person or association .......................................................................65

Part 5—Itemised billing 66 12 Simplified outline ............................................................................66

13 Itemised billing................................................................................66

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14 Exemptions from itemised billing requirements ..............................68

15 Details that are not to be specified in an itemised bill .....................68

Part 6—Priority assistance 69 16 Simplified outline ............................................................................69

17 Priority assistance industry code .....................................................69

18 Compliance with the priority assistance industry code....................70

19 Information for prospective residential customers of a

carriage service provider who does not offer priority

assistance .........................................................................................70

20 Requirements for Telstra .................................................................71

Schedule 3—Carriers’ powers and immunities 72

Part 1—General provisions 72

Division 1—Simplified outline and definitions 72

1 Simplified outline ............................................................................72

2 Definitions.......................................................................................74

3 Designated overhead line.................................................................77

4 Extension to a tower to be treated as the installation of a

facility..............................................................................................77

Division 2—Inspection of land 78

5 Inspection of land ............................................................................78

Division 3—Installation of facilities 80

6 Installation of facilities ....................................................................80

Division 4—Maintenance of facilities 82

7 Maintenance of facilities .................................................................82

Division 5—Conditions relating to the carrying out of authorised

activities 85

8 Carrier to do as little damage as practicable ....................................85

9 Carrier to restore land ......................................................................85

10 Management of activities.................................................................85

11 Agreements with public utilities ......................................................86

12 Compliance with industry standards................................................86

13 Compliance with international agreements......................................86

14 Conditions specified in the regulations............................................87

15 Conditions specified in a Ministerial Code of Practice....................87

16 Conditions to which a facility installation permit is subject ............87

17 Notice to owner of land—general....................................................88

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18 Notice to owner of land—lopping of trees etc. ................................90

19 Notice to roads authorities, utilities etc............................................91

20 Roads etc. to remain open for passage.............................................92

Division 6—Facility installation permits 93

21 Application for facility installation permit ......................................93

22 Form of application .........................................................................93

23 Application to be accompanied by charge .......................................93

24 Withdrawal of application ...............................................................93

25 Issue of facility installation permit ..................................................93

26 Deemed refusal of facility installation permit..................................94

27 Criteria for issue of facility installation permit ................................95

28 Special provisions relating to environmental matters ....................102

29 Consultation with the ACCC.........................................................103

30 Facility installation permit has effect subject to this Act ...............103

31 Duration of facility installation permit ..........................................103

32 Conditions of facility installation permit .......................................104

33 Surrender of facility installation permit .........................................104

34 Cancellation of facility installation permit ....................................104

35 Review of decisions by Administrative Appeals Tribunal.............105

Division 7—Exemptions from State and Territory laws 106

36 Activities not generally exempt from State and Territory

laws ...............................................................................................106

37 Exemption from State and Territory laws......................................106

38 Concurrent operation of State and Territory laws..........................107

39 Liability to taxation not affected....................................................107

Division 8—Miscellaneous 108

41 Guidelines......................................................................................108

42 Compensation................................................................................108

43 Power extends to carrier’s employees etc. .....................................109

44 State and Territory laws that discriminate against carriers

and users of carriage services ........................................................109

45 State and Territory laws may confer powers and immunities

on carriers......................................................................................111

46 ACMA may limit tort liability in relation to the supply of

certain carriage services.................................................................111

47 Ownership of facilities...................................................................112

48 ACMA may inform the public about designated overhead

lines, telecommunications transmission towers and

underground facilities ....................................................................112

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50 Monitoring of progress in relation to placing facilities

underground...................................................................................114

51 Removal of certain overhead lines.................................................114

52 Commonwealth laws not displaced ...............................................117

53 Subdivider to pay for necessary alterations ...................................117

54 Service of notices ..........................................................................117

Part 2—Transitional provisions 119 60 Existing buildings, structures and facilities—application of

State and Territory laws.................................................................119

61 Existing buildings, structures and facilities—application of

the common law ............................................................................119

Part 3—Compensation for acquisition of property 120 62 Compensation for acquisition of property .....................................120

63 Application of this Part..................................................................121

Schedule 3A—Protection of submarine cables 122

Part 1—Preliminary 122 1 Simplified outline ..........................................................................122

2 Definitions.....................................................................................122

2A Extension to offshore areas............................................................128

2B Submarine cable installed in a protection zone..............................128

Part 2—Protection zones 129

Division 1—Simplified outline 129

3 Simplified outline ..........................................................................129

Division 2—Declaration of protection zones 130

Subdivision A—Declarations 130

4 ACMA may declare a protection zone ..........................................130

5 Declaration on ACMA’s initiative or in response to request .........130

6 Response to a request to declare a protection zone........................130

7 Decision not to declare a requested protection zone or to

declare a different protection zone.................................................131

8 Location of submarine cable to be specified in declaration ...........132

9 Area of a protection zone...............................................................132

10 Prohibited activities .......................................................................133

11 Restricted activities .......................................................................135

12 Conditions .....................................................................................136

13 When a declaration takes effect .....................................................136

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14 Duration of declaration..................................................................136

Subdivision B—Prerequisites to declaration of a protection zone 137

15 ACMA to develop a proposal for a protection zone ......................137

16 ACMA to refer proposal to advisory committee ...........................137

17 ACMA to publish proposal etc. .....................................................138

17A ACMA to publish summary of proposal........................................138

18 Cable must be a submarine cable of national significance.............139

19 Consultation with Environment Secretary .....................................139

20 Matters the ACMA must have regard to........................................140

21 Environment and heritage considerations......................................140

22 Deadline for final decision about protection zone .........................141

Division 3—Varying or revoking a declaration of a protection

zone 143

Subdivision A—Variation or revocation 143

23 ACMA may vary or revoke a declaration of a protection

zone ...............................................................................................143

24 Variation or revocation on ACMA’s initiative or in response

to request .......................................................................................143

25 ACMA to notify affected carrier of request to vary or revoke

a declaration ..................................................................................143

26 Response to a request to vary or revoke a declaration ...................144

27 Decision not to vary or revoke a declaration after a request to

do so ..............................................................................................144

28 When a variation or revocation takes effect...................................145

29 Protection zone as varied must not exceed permitted area.............145

Subdivision B—Prerequisites to variation or revocation of

declaration 145

30 ACMA to develop a variation or revocation proposal ...................145

31 ACMA to refer proposal to advisory committee ...........................145

32 ACMA to publish proposal etc. .....................................................146

32A ACMA to publish summary of proposal........................................146

33 Consultation with Environment Secretary .....................................148

34 Matters the ACMA must have regard to........................................148

35 Deadline for final decision about varying or revoking a

protection zone ..............................................................................148

Division 4—Offences in relation to a protection zone 149

Subdivision A—Damaging a submarine cable 149

36 Damaging a submarine cable.........................................................149

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37 Negligently damaging a submarine cable ......................................149

38 Defence to offences of damaging a submarine cable.....................149

39 Master or owner of ship used in offence of damaging a

submarine cable .............................................................................150

Subdivision B—Engaging in prohibited or restricted activities 150

40 Engaging in prohibited or restricted activities ...............................150

41 Aggravated offence of engaging in prohibited or restricted

activities ........................................................................................151

42 Defences to offences of engaging in prohibited or restricted

activities ........................................................................................152

43 Alternative verdict if aggravated offence not proven.....................152

44 Master or owner of ship used in offence of engaging in

prohibited or restricted activities ...................................................152

Subdivision C—Foreign nationals and foreign ships 153

44A Foreign nationals and foreign ships ...............................................153

Division 5—Miscellaneous 155

45 Person may claim damages............................................................155

46 Indemnity for loss of anchor etc. ...................................................156

47 ACMA to notify relevant authorities of declaration, variation

etc. of protection zone ...................................................................156

48 Notice if carrier decommissions a submarine cable.......................157

49 Composition of advisory committee..............................................157

Part 3—Permits to install submarine cables 159

Division 1—Simplified outline 159

50 Simplified outline ..........................................................................159

Division 2—Protection zone installation permits 161

51 Application for a protection zone installation permit ....................161

52 Form of application etc..................................................................161

53 Application to be accompanied by charge .....................................162

54 Withdrawal of application .............................................................162

54A Notification of change of circumstances........................................162

55 Further information .......................................................................163

55A Consultation...................................................................................163

56 Grant or refusal of permit ..............................................................165

57 Matters to which the ACMA must have regard in making a

decision about a permit..................................................................166

57A Refusal of permit—security...........................................................166

58 Timing of decision on application .................................................167

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58A Conditions of permit......................................................................169

59 Duration of permit .........................................................................170

60 Surrender of permit........................................................................170

61 Extension of permit .......................................................................170

62 Suspension or cancellation of permit .............................................170

63 Exemption from State and Territory laws......................................171

Division 3—Non-protection zone installation permits 173

64 Application for a permit to install an international submarine

cable in Australian waters (otherwise than in a protection

zone or coastal waters) ..................................................................173

65 Form of application etc..................................................................173

66 Application to be accompanied by charge .....................................174

67 Withdrawal of application .............................................................174

67A Notification of change of circumstances........................................174

68 Further information .......................................................................174

69 Grant or refusal of permit ..............................................................175

70 Consultation...................................................................................175

71 Matters to which the ACMA must have regard in making a

decision about a permit..................................................................177

72A Refusal of permit—security...........................................................177

73 Timing of decision on application .................................................178

73A Conditions of permit......................................................................180

74 Duration of permit .........................................................................181

75 Surrender of permit........................................................................181

76 Extension of permit .......................................................................181

77 Suspension or cancellation of permit .............................................182

Division 4—Conditions applicable to the installation of

submarine cables 183

78 Application of this Division ..........................................................183

79 Installation to do as little damage as practicable............................183

80 Management of installation activities ............................................183

81 Compliance with industry standards..............................................184

82 Compliance with international agreements....................................184

83 Conditions specified in the regulations..........................................184

83A Attorney-General’s consent required for certain enforcement

proceedings....................................................................................184

Division 5—Offences in relation to installation of submarine

cables 186

84 Installing an international submarine cable without a permit ........186

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84A Installing a domestic submarine cable without a permit ................186

85 Breaching conditions of a permit...................................................187

86 Failing to comply with ACMA direction to remove an

unlawfully installed international submarine cable........................188

86A Failing to comply with ACMA direction to remove an

unlawfully installed domestic submarine cable .............................188

Part 4—Compensation 190 87 Compensation................................................................................190

88 Compensation for acquisition of property .....................................190

Part 5—Miscellaneous 192 89 Delegation by the Secretary of the Attorney-General’s

Department ....................................................................................192

Schedule 4—Reviewable decisions of the ACMA 193

Part 1—Decisions that may be subject to reconsideration by the

ACMA 193 1 Reviewable decisions of the ACMA .............................................193

Part 2—Decisions to which section 556 does not apply 197 2 Decisions to which section 556 does not apply .............................197

Endnotes 198

Endnote 1—About the endnotes 198

Endnote 2—Abbreviation key 200

Endnote 3—Legislation history 201

Endnote 4—Amendment history 218

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Standard carrier licence conditions Schedule 1

Compliance with this Act Part 1

Clause 1

Telecommunications Act 1997 1

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Schedule 1—Standard carrier licence

conditions Note: See section 61.

Part 1—Compliance with this Act

1 Compliance with this Act

(1) A carrier must comply with this Act.

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act

and Chapter 5 of the Telecommunications (Interception and

Access) Act 1979.

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Schedule 1 Standard carrier licence conditions

Part 3 Access to supplementary facilities

Clause 16

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Part 3—Access to supplementary facilities

16 Simplified outline

The following is a simplified outline of this Part:

• Carriers must provide other carriers with access to facilities

for the purpose of enabling the other carriers to:

(a) provide competitive facilities and competitive

carriage services; or

(b) establish their own facilities.

17 Access to supplementary facilities

(1) A carrier (the first carrier) must, if requested to do so by another

carrier (the second carrier) give the second carrier access to

facilities owned or operated by the first carrier.

(2) The first carrier is not required to comply with subclause (1)

unless:

(a) the access is provided for the sole purpose of enabling the

second carrier:

(i) to provide competitive facilities and competitive

carriage services; or

(ii) to establish its own facilities; and

(b) the second carrier’s request is reasonable; and

the second carrier requires the access; and

(d) in a case where the facilities do not consist of customer

cabling or customer equipment—the facilities:

(i) were in place on 30 June 1991; or

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Access to supplementary facilities Part 3

Clause 17

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(ii) were not in place on 30 June 1991, and were not

obtained after that date by the first carrier solely by

means of commercial negotiation.

(2A) Subclause (1) does not impose an obligation to the extent (if any)

to which the imposition of the obligation would have any of the

following effects:

(a) depriving any person of a right under a contract that was in

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

force under section 577A, 577C or 577E;

engage in conduct in connection with matters covered by the

final migration plan.

(2B) If, at the time the request was made:

(a) one or more provisions (the contingent provisions) of a

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

(ii) the condition precedent has not been satisfied; and

(b) there is a possibility that the condition precedent could

become satisfied; and

(i) the contingent provisions would come into force; and

(ii) the person would have a right under the contingent

provisions;

paragraph (2A)(a) has effect, in relation to the contract, as if, at the

time the request was made:

(d) the contract was in force; and

(e) the person had the right under the contract.

(3) For the purposes of this clause, in determining whether the second

carrier’s request is reasonable, regard must be had to the question

whether compliance with the request will promote the long-term

interests of end-users of carriage services or of services supplied by

means of carriage services. That question is to be determined in the

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Part 3 Access to supplementary facilities

Clause 18

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same manner as it is determined for the purposes of Part XIC of the

Competition and Consumer Act 2010.

(4) Subclause (3) is intended to limit the matters to which regard may

be had.

(4A) For the purposes of subclause (1), if:

(a) there is an agreement in force between Telstra and an NBN

corporation; and

(b) the agreement relates to the NBN corporation’s access to

facilities owned or operated by Telstra; and

NBN corporation being the operator of the facilities;

the NBN corporation is taken not to be the operator of the

facilities.

(5) A reference in this clause to a facility is a reference to:

(a) a facility as defined by section 7; or

(b) land on which a facility mentioned in paragraph (a) is

located; or

(d) customer equipment, or customer cabling, connected to a

telecommunications network owned or operated by a carrier.

(6) In this clause:

NBN corporation has the same meaning as in section 577BA.

18 Terms and conditions of access

(1) The first carrier (within the meaning of clause 17) must comply

with subclause 17(1) on such terms and conditions as are:

(a) agreed between the following parties:

(i) the first carrier;

(ii) the second carrier (within the meaning of that clause);

(b) failing agreement, determined by an arbitrator appointed by

the parties.

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Clause 19

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If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(2) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(3) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(4) Subclause (3) does not, by implication, limit subclause (2).

(5) A determination made in an arbitration under this clause must not

be inconsistent with a Ministerial pricing determination in force

under clause 19.

(6) An arbitrator must not make a determination under this clause if

the determination would have the effect of:

(a) preventing Telstra from complying with an undertaking in

force under section 577A, 577C or 577E; or

(b) if a final migration plan is in force—requiring Telstra to

engage in conduct in connection with matters covered by the

final migration plan.

(7) If:

(a) an agreement mentioned in paragraph (1)(a) is in force; and

(b) the agreement is in writing;

a determination under this clause has no effect to the extent to

which it is inconsistent with the agreement.

19 Ministerial pricing determinations

(1) The Minister may, by legislative instrument, make a determination

setting out principles dealing with price-related terms and

conditions relating to the obligations imposed by subclause 17(1).

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The determination is to be known as a Ministerial pricing

determination.

(3) In this clause:

price-related terms and conditions means terms and conditions

relating to price or a method of ascertaining price.

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Standard carrier licence conditions Schedule 1

Access to network information Part 4

Clause 20

Telecommunications Act 1997 7

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Part 4—Access to network information

20 Simplified outline

The following is a simplified outline of this Part:

• Carriers must provide other carriers with access to certain

information relating to the operation of telecommunications

networks.

21 Access to network information

(1) This clause applies to a carrier (the first carrier) if the first carrier

supplies carriage services to another carrier (the second carrier).

(2) The first carrier must, if requested to do so by the second carrier,

provide the second carrier with reasonable access to:

(a) timely and detailed information from the first carrier’s

operations support systems; and

(b) timely and detailed traffic flow information.

(3) The first carrier is not required to comply with subclause (2)

unless:

(a) a purpose of the access is to enable the second carrier to

undertake planning, maintenance or reconfiguration of the

second carrier’s telecommunications network; and

(b) the second carrier’s request is reasonable.

(4) If information is requested by the second carrier under

subclause (2), the first carrier must make the information available

to the second carrier as soon as practicable after the request is

made.

(5) Clauses 22, 23, 24, 25 and 29 do not, by implication, limit this

clause.

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Part 4 Access to network information

Clause 22

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22 Access to information in databases

(1) This clause applies to a carrier (the first carrier) if the first carrier

supplies carriage services to another carrier (the second carrier).

(2) The first carrier must, if requested to do so by the second carrier,

provide the second carrier with reasonable access to timely and

detailed information that:

(a) is contained in the first carrier’s databases; and

(b) relates to the manner in which the first carrier’s

telecommunications network treats calls of a particular kind.

(3) The first carrier is not required to comply with subclause (2)

unless:

(a) a purpose of the access is to enable the second carrier to

undertake planning, maintenance or reconfiguration of the

second carrier’s telecommunications network; and

(b) the second carrier’s request is reasonable.

(4) If information is requested by the second carrier under

subclause (2), the first carrier must make the information available

to the second carrier as soon as practicable after the request is

made.

23 Access to network planning information

(1) This clause applies to a carrier (the first carrier) if the first carrier

supplies carriage services to another carrier (the second carrier).

(2) The first carrier must, if requested to do so by the second carrier,

provide the second carrier with timely and detailed

telecommunications network planning information.

(3) The information is to include (but is not limited to) information

relating to the following:

(a) the volume or characteristics of traffic being offered by the

first carrier to a telecommunications network of the second

carrier;

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(b) the telecommunications network performance standards (if

any) that have been set by the first carrier.

(4) The first carrier is not required to comply with subclause (2)

unless:

(a) a purpose of the provision of the information is to enable the

second carrier to undertake planning for its own

telecommunications network; and

(b) the second carrier’s request is reasonable.

(5) If information is requested by the second carrier under

subclause (2), the first carrier must make the information available

to the second carrier as soon as practicable after the request is

made.

24 Access to information about likely changes to network facilities—

completion success rate of calls

(1) This clause applies to a carrier (the first carrier) if the first carrier

supplies carriage services to another carrier (the second carrier).

(2) The first carrier must, if requested to do so by the second carrier,

provide the second carrier with timely and detailed information

that:

(a) relates to likely changes to facilities on a telecommunications

network of the first carrier; and

(b) will affect the completion success rate of calls offered by the

second carrier.

(3) The first carrier is not required to comply with subclause (2)

unless:

(a) a purpose of the provision of the information is to enable the

second carrier to undertake planning for its own

telecommunications network; and

(b) the second carrier’s request is reasonable.

(4) If information is requested by the second carrier under

subclause (2), the first carrier must make the information available

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to the second carrier as soon as practicable after the request is

made.

25 Access to quality of service information etc.

(1) This clause applies to a carrier (the first carrier) if the first carrier

supplies carriage services to another carrier (the second carrier).

(2) The first carrier must, if requested to do so by the second carrier,

provide the second carrier with timely and detailed information

relating to:

(a) conditions affecting the quality of service experienced by

customers of the second carrier; and

(b) localisation of telecommunications network conditions

affecting traffic offered by the second carrier to the first

carrier’s telecommunications network; and

in which telecommunications network calls have failed; and

(d) identification of switching or other equipment or facilities in

each of the first carrier’s telecommunications networks which

contribute to a level of uncompleted calls, affecting the

second carrier’s offered traffic, beyond the threshold agreed

by the first carrier and the second carrier and consistent with

terms used in the relevant ITU(T) Recommendations; and

(e) periodic summaries, in relation to the second carrier’s traffic,

of unsuccessful call ratios across the first carrier’s

telecommunications network, categorised by cause of call

failure and including separate identification of

telecommunications network difficulties and congestion; and

(f) telecommunications network control actions taken by the

first carrier which would affect the completion success rate of

calls offered to the first carrier by the second carrier; and

(g) such other matters (if any) as are specified in the regulations.

(3) The first carrier is not required to comply with subclause (2) unless

the second carrier’s request is reasonable.

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(4) If information is requested by the second carrier under

subclause (2), the first carrier must make the information available

to the second carrier as soon as practicable after the request is

made.

(5) In this clause:

ITU(T) Recommendations means the E500, E600 and E700 series

of recommendations dealing with quality of service,

telecommunications network management and traffic engineering

promulgated by the International Telecommunication Union, being

recommendations in force on:

(a) 1 July 1997; or

(b) such later date (if any) as is specified in the regulations.

26 Security procedures

(1) A carrier (the first carrier) is not required to give another carrier

(the second carrier) information, or access to information, under

clause 21, 22, 23, 24 or 25 unless the second carrier has in place

security procedures:

(a) agreed between the first carrier and the second carrier; or

(b) failing agreement—determined in writing by the ACCC.

(2) For the purposes of subclause (1), security procedures are

procedures designed to protect the confidentiality of information.

27 Terms and conditions of compliance

(1) The first carrier (within the meaning of clause 21, 22, 23, 24 or 25)

must comply with a requirement imposed on the first carrier by

that clause on such terms and conditions as are:

(a) agreed between the following parties:

(i) the first carrier;

(ii) the second carrier (within the meaning of that clause);

(b) failing agreement, determined by an arbitrator appointed by

the parties.

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If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(2) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(3) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(4) Subclause (3) does not, by implication, limit subclause (2).

(5) A determination made in an arbitration under this clause must not

be inconsistent with a Ministerial pricing determination in force

under clause 28.

27A Code relating to access to information

(1) The ACCC may, by legislative instrument, make a Code setting out

conditions that are to be complied with in relation to the provision

of information, or access to information, under clause 21, 22, 23,

24 or 25.

(2) A carrier must comply with the Code.

(3) This clause does not, by implication, limit a power conferred by or

under this Act to make an instrument.

(4) This clause does not, by implication, limit the matters that may be

dealt with by codes or standards referred to in Part 6.

(5) Subclauses (3) and (4) do not, by implication, limit

subsection 33(3B) of the Acts Interpretation Act 1901.

28 Ministerial pricing determinations

(1) The Minister may, by legislative instrument, make a determination

setting out principles dealing with price-related terms and

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conditions relating to an obligation imposed by clause 21, 22, 23,

24 or 25. The determination is to be known as a Ministerial

pricing determination.

(3) In this clause:

price-related terms and conditions means terms and conditions

relating to price or a method of ascertaining price.

29 Consultation about reconfiguration etc.

(1) This clause applies to a carrier (the first carrier) if the first carrier

supplies carriage services to another carrier (the second carrier).

(2) The first carrier must, if requested to do so by the second carrier,

consult with the second carrier before modifying or reconfiguring

the first carrier’s telecommunications network.

(3) The first carrier is not required to comply with subclause (2) unless

the modification or reconfiguration has a bearing on the second

carrier’s:

(a) telecommunications network planning activities; or

(b) telecommunications network maintenance activities; or

(4) The first carrier must comply with the requirement set out in

subclause (2) on such terms and conditions as are:

(a) agreed between the following parties:

(i) the first carrier;

(ii) the second carrier; or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(5) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

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(6) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(7) Subclause (6) does not, by implication, limit subclause (5).

29A Code relating to consultation

(1) The ACCC may, by legislative instrument, make a Code setting out

conditions that are to be complied with in relation to consultations

under clause 29.

(2) The Code may specify the manner and form in which a

consultation is to occur.

(3) Subclause (2) does not, by implication, limit subclause (1).

(4) A carrier must comply with the Code.

(5) This clause does not, by implication, limit a power conferred by or

under this Act to make an instrument.

(6) This clause does not, by implication, limit the matters that may be

dealt with by codes or standards referred to in Part 6.

(7) Subclauses (5) and (6) do not, by implication, limit

subsection 33(3B) of the Acts Interpretation Act 1901.

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Part 5—Access to telecommunications transmission

towers and to underground facilities

30 Simplified outline

The following is a simplified outline of this Part:

• Carriers must provide other carriers with access to:

(a) telecommunications transmission towers; and

(b) the sites of telecommunications transmission

towers; and

lines.

31 Definitions

In this Part:

eligible underground facility means an underground facility that is

used, installed ready to be used, or intended to be used, to hold

lines.

NBN corporation has the same meaning as in section 577BA.

site means:

(a) land; or

(b) a building on land; or

telecommunications transmission tower means:

(a) a tower; or

(b) a pole; or

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(d) a similar structure;

used to supply a carriage service by means of

radiocommunications.

32 Extended meaning of access

(1) For the purposes of this Part, giving access to a tower includes

replacing the tower with another tower located on the same site and

giving access to the replacement tower.

(2) For the purposes of this Part, giving access to a site on which is

situated a tower includes replacing the tower with another tower

located on the site.

33 Access to telecommunications transmission towers

(1) A carrier (the first carrier) must, if requested to do so by another

carrier (the second carrier), give the second carrier access to a

telecommunications transmission tower owned or operated by the

first carrier.

(2) The first carrier is not required to comply with subclause (1)

unless:

(a) the access is provided for the sole purpose of enabling the

second carrier to install a facility used, or for use, in

connection with the supply of a carriage service by means of

radiocommunications; and

(b) the second carrier gives the first carrier reasonable notice that

the second carrier requires the access.

(3) The first carrier is not required to comply with subclause (1) in

relation to a particular telecommunications transmission tower if

there is in force a written certificate issued by the ACCC stating

that, in the ACCC’s opinion, compliance with subclause (1) in

relation to that tower is not technically feasible.

(4) In determining whether compliance with subclause (1) in relation

to a tower is technically feasible, the ACCC must have regard to:

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(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on,

the tower; and

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of a

facility situated on the tower; and

(ii) making alterations to the tower; and

(d) such other matters (if any) as the ACCC considers relevant.

(4A) Before issuing a certificate under subclause (3), the ACCC may

consult the ACMA.

(5) If the ACCC receives a request to make a decision about the issue

of a certificate under subclause (3), the ACCC must use its best

endeavours to make that decision within 10 business days after the

request was made.

(6) Subclause (1) does not impose an obligation to the extent (if any)

to which the imposition of the obligation would have any of the

following effects:

(a) depriving any person of a right under a contract that was in

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

force under section 577A, 577C or 577E;

engage in conduct in connection with matters covered by the

final migration plan.

(7) If, at the time the request was made:

(a) one or more provisions (the contingent provisions) of a

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

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(ii) the condition precedent has not been satisfied; and

(b) there is a possibility that the condition precedent could

become satisfied; and

(i) the contingent provisions would come into force; and

(ii) the person would have a right under the contingent

provisions;

paragraph (6)(a) has effect, in relation to the contract, as if, at the

time the request was made:

(d) the contract was in force; and

(e) the person had the right under the contract.

(8) For the purposes of subclause (1), if:

(a) there is an agreement in force between Telstra and an NBN

corporation; and

(b) the agreement relates to the NBN corporation’s access to a

telecommunications transmission tower owned or operated

by Telstra; and

NBN corporation being the operator of the

telecommunications transmission tower;

the NBN corporation is taken not to be the operator of the

telecommunications transmission tower.

34 Access to sites of telecommunications transmission towers

(1) A carrier (the first carrier) must, if requested to do so by another

carrier (the second carrier), give the second carrier access to a site

if:

(a) either:

(i) the site is owned, occupied or controlled by the first

carrier; or

(ii) the first carrier has a right (whether conditional or

unconditional) to use the site; and

(b) there is situated on the site a telecommunications

transmission tower owned or operated by the first carrier.

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(2) The first carrier is not required to comply with subclause (1)

unless:

(a) the access is provided for the sole purpose of enabling the

second carrier to install a facility used, or for use, in

connection with the supply of a carriage service by means of

radiocommunications; and

(b) the second carrier gives the first carrier reasonable notice that

the second carrier requires the access.

(3) The first carrier is not required to comply with subclause (1) in

relation to a particular site if there is in force a written certificate

issued by the ACCC stating that, in the ACCC’s opinion,

compliance with subclause (1) in relation to that site is not

technically feasible.

(4) In determining whether compliance with subclause (1) in relation

to a site is technically feasible, the ACCC must have regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on, a

facility situated on the site; and

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of a

facility situated on the site; and

(ii) making alterations to a facility situated on the site; and

(d) such other matters (if any) as the ACCC considers relevant.

(4A) Before issuing a certificate under subclause (3), the ACCC may

consult the ACMA.

(5) If the ACCC receives a request to make a decision about the issue

of a certificate under subclause (3), the ACCC must use its best

endeavours to make that decision within 10 business days after the

request was made.

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(6) Subclause (1) does not impose an obligation to the extent (if any)

to which the imposition of the obligation would have any of the

following effects:

(a) depriving any person of a right under a contract that was in

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

force under section 577A, 577C or 577E;

engage in conduct in connection with matters covered by the

final migration plan.

(7) If, at the time the request was made:

(a) one or more provisions (the contingent provisions) of a

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

(ii) the condition precedent has not been satisfied; and

(b) there is a possibility that the condition precedent could

become satisfied; and

(i) the contingent provisions would come into force; and

(ii) the person would have a right under the contingent

provisions;

paragraph (6)(a) has effect, in relation to the contract, as if, at the

time the request was made:

(d) the contract was in force; and

(e) the person had the right under the contract.

(8) For the purposes of subclause (1), if:

(a) there is an agreement in force between Telstra and an NBN

corporation; and

(b) the agreement relates to the NBN corporation’s access to the

site of a telecommunications transmission tower, where:

(i) the site is owned, operated or controlled by Telstra; or

(ii) Telstra has a right (whether conditional or

unconditional) to use the site; and

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NBN corporation:

(i) being the occupier or controller of the site; or

(ii) having a right (whether conditional or unconditional) to

use the site;

the NBN corporation is taken:

(d) not to be the occupier or controller of the site; and

(e) not to have a right (whether conditional or unconditional) to

use the site.

35 Access to eligible underground facilities

(1) A carrier (the first carrier) must, if requested to do so by another

carrier (the second carrier), give the second carrier access to an

eligible underground facility owned or operated by the first carrier.

(2) The first carrier is not required to comply with subclause (1)

unless:

(a) the access is provided for the sole purpose of enabling the

second carrier to install a line used, or for use, in connection

with the supply of a carriage service; and

(b) the second carrier gives the first carrier reasonable notice that

the second carrier requires the access.

(3) The first carrier is not required to comply with subclause (1) in

relation to a particular eligible underground facility if there is in

force a written certificate issued by the ACCC stating that, in the

ACCC’s opinion, compliance with subclause (1) in relation to that

facility is not technically feasible.

(4) In determining whether compliance with subclause (1) in relation

to an eligible underground facility is technically feasible, the

ACCC must have regard to:

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

(b) whether compliance is likely to result in a significant threat

to the health or safety of persons who operate, or work on,

the eligible underground facility; and

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paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of

the eligible underground facility; and

(ii) making alterations to the eligible underground facility;

and

(d) such other matters (if any) as the ACCC considers relevant.

(4A) Before issuing a certificate under subclause (3), the ACCC may

consult the ACMA.

(5) If the ACCC receives a request to make a decision about the issue

of a certificate under subclause (3), the ACCC must use its best

endeavours to make that decision within 10 business days after the

request was made.

(6) Subclause (1) does not impose an obligation to the extent (if any)

to which the imposition of the obligation would have any of the

following effects:

(a) depriving any person of a right under a contract that was in

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

force under section 577A, 577C or 577E;

engage in conduct in connection with matters covered by the

final migration plan.

(7) If, at the time the request was made:

(a) one or more provisions (the contingent provisions) of a

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

(ii) the condition precedent has not been satisfied; and

(b) there is a possibility that the condition precedent could

become satisfied; and

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(i) the contingent provisions would come into force; and

(ii) the person would have a right under the contingent

provisions;

paragraph (6)(a) has effect, in relation to the contract, as if, at the

time the request was made:

(d) the contract was in force; and

(e) the person had the right under the contract.

(8) For the purposes of subclause (1), if:

(a) there is an agreement in force between Telstra and an NBN

corporation; and

(b) the agreement relates to the NBN corporation’s access to an

eligible underground facility owned or operated by Telstra;

and

NBN corporation being the operator of the eligible

underground facility;

the NBN corporation is taken not to be the operator of the eligible

underground facility.

36 Terms and conditions of access

(1) The first carrier (within the meaning of clause 33) must comply

with subclause 33(1) on such terms and conditions as are:

(a) agreed between the following parties:

(i) the first carrier;

(ii) the second carrier (within the meaning of that clause);

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(2) The first carrier (within the meaning of clause 34) must comply

with subclause 34(1) on such terms and conditions as are:

(a) agreed between the following parties:

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(i) the first carrier;

(ii) the second carrier (within the meaning of that clause);

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(3) The first carrier (within the meaning of clause 35) must comply

with subclause 35(1) on such terms and conditions as are:

(a) agreed between the following parties:

(i) the first carrier;

(ii) the second carrier (within the meaning of that clause);

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(4) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(5) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(6) Subclause (5) does not, by implication, limit subclause (4).

(7) An arbitrator must not make a determination under this clause if

the determination would have the effect of:

(a) preventing Telstra from complying with an undertaking in

force under section 577A, 577C or 577E; or

(b) if a final migration plan is in force—requiring Telstra to

engage in conduct in connection with matters covered by the

final migration plan.

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(8) If:

(a) an agreement mentioned in paragraph (1)(a), (2)(a) or (3)(a)

is in force; and

(b) the agreement is in writing;

a determination under this clause has no effect to the extent to

which it is inconsistent with the agreement.

37 Code relating to access

(1) The ACCC may, by legislative instrument, make a Code setting out

conditions that are to be complied with in relation to the provision

of access under this Part.

(2) A carrier must comply with the Code.

(3) This clause does not, by implication, limit a power conferred by or

under this Act to make an instrument.

(4) This clause does not, by implication, limit the matters that may be

dealt with by codes or standards referred to in Part 6.

(5) Subclauses (3) and (4) do not, by implication, limit

subsection 33(3B) of the Acts Interpretation Act 1901.

38 Industry co-operation about sharing of sites and eligible

underground facilities

A carrier, in planning the provision of future carriage services,

must co-operate with other carriers to share sites and eligible

underground facilities.

39 This Part does not limit Part 3 of this Schedule

This Part does not, by implication, limit Part 3 of this Schedule.

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Clause 40

26 Telecommunications Act 1997

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Part 6—Inspection of facilities etc.

40 Simplified outline

The following is a simplified outline of this Part:

• Carriers must keep records about their designated overhead

lines, telecommunications transmission towers and

underground facilities.

• Carriers must inspect their facilities regularly.

• Carriers must investigate their facilities if there are reasonable

grounds to suspect that the facilities are likely to endanger:

(a) the health or safety of persons; or

(b) property.

• Carriers must take any remedial action that is reasonably

required following such an inspection or investigation.

41 Records relating to underground facilities

(1) If a carrier owns or operates designated overhead lines, the carrier

must keep and maintain records of the kind and location of those

lines.

(2) If a carrier owns or operates telecommunications transmission

towers, the carrier must keep and maintain records of the kind and

location of those towers.

(3) If a carrier owns or operates underground facilities, the carrier

must keep and maintain records of:

(a) the kind and location of those facilities; and

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(b) if any of those facilities is an eligible underground facility—

the capacity of that facility to hold further lines.

(4) A carrier must not, in purported compliance with subclause (1), (2)

or (3), make a record of any matter or thing in such a way that it

does not correctly record the matter or thing.

(5) In this clause:

designated overhead line has the same meaning as in Schedule 3.

eligible underground facility means an underground facility that is

used, installed ready to be used, or intended to be used, to hold

lines.

telecommunications transmission tower means:

(a) a tower; or

(b) a pole; or

(d) a similar structure;

used to supply a carriage service by means of

radiocommunications.

42 Regular inspection of facilities

(1) If a facility is owned or operated by a carrier, the carrier must

inspect that facility regularly.

(2) In determining the regularity of inspections required by

subclause (1), regard must be had to good engineering practice.

43 Prompt investigation of dangerous facilities

If:

(a) a facility is owned or operated by a carrier; and

(b) the carrier has reasonable grounds to suspect that the

condition of the facility is likely to endanger:

(i) the health or safety of persons; or

(ii) property;

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Clause 44

28 Telecommunications Act 1997

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the carrier must investigate promptly the condition of the facility.

44 Remedial action

(1) A carrier must take any remedial action that is reasonably required

following an inspection under clause 42.

(2) A carrier must take any remedial action that is reasonably required

following an investigation under clause 43.

(3) A carrier must comply with subclause (1) or (2) as soon as

practicable after the carrier becomes aware of the need to take the

remedial action concerned.

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Any-to-any connectivity Part 7

Clause 44A

Telecommunications Act 1997 29

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Part 7—Any-to-any connectivity

44A Simplified outline

The following is a simplified outline of this Part:

• If a carriage service provider’s telecommunications network is

interconnected with a carrier’s telecommunications network,

the carrier must obtain a designated interconnection service

from the carriage service provider for the purpose of ensuring

any-to-any connectivity.

45 Definitions

In this Part:

active declared service means:

(a) an active declared service within the meaning of

section 152AR of the Competition and Consumer Act 2010;

(b) a declared service (within the meaning of

subsection 152AL(8A) of the Competition and Consumer Act

2010) that an NBN corporation supplies (whether to itself or

to other persons); or

subsection 152AL(8D) or (8E) of the Competition and

Consumer Act 2010.

Note: Subsections 152AL(8A), (8D) and (8E) of the Competition and

Consumer Act 2010 deal with services supplied by an NBN

corporation.

designated interconnection service has the meaning given by

clause 47.

eligible service has the same meaning as in section 152AL of the

Competition and Consumer Act 2010.

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Clause 46

30 Telecommunications Act 1997

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46 Carriers must obtain designated interconnection services from

carriage service providers for the purpose of ensuring

any-to-any connectivity

(1) If:

(a) a carrier owns, or supplies a carriage service over, a

telecommunications network (the carrier’s

telecommunications network); and

(b) a carriage service provider supplies a carriage service over a

telecommunications network (the carriage service provider’s

telecommunications network); and

(i) the carriage service provider’s telecommunications

network is interconnected with the carrier’s

telecommunications network;

(ii) the carriage service provider’s telecommunications

network is to be interconnected with the carrier’s

telecommunications network;

(iii) the carriage service provider is seeking to have the

carriage service provider’s telecommunications network

interconnected with the carrier’s telecommunications

network; and

(d) the carriage service provider requests the carrier to obtain

from the carriage service provider a designated

interconnection service for the purpose of ensuring that each

end-user who is:

(i) connected to the carrier’s telecommunications network;

and

(ii) supplied with a carriage service that involves

communication between end-users;

is able to communicate, by means of that carriage service,

with an end-user who is connected to the carriage service

provider’s telecommunications network;

the carrier must obtain the designated interconnection service from

the carriage service provider.

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(2) The designated interconnection service is to be obtained on such

terms and conditions as are:

(a) agreed between the carrier and the carriage service provider;

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(3) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(5) Subclause (4) does not, by implication, limit subclause (3).

47 Designated interconnection services

(1) The Minister may, by written instrument, declare that a specified

eligible service is a designated interconnection service for the

purposes of this Part.

(2) A declaration under subclause (1) has effect accordingly.

(3) Before making a declaration under subclause (1) in relation to a

service that is not an active declared service, the Minister must, by

writing, request the ACCC to give a written report about whether

the proposed declaration would promote the achievement of the

objective of any-to-any connectivity (as defined by

subsection 152AB(8) of the Competition and Consumer Act 2010).

(4) The ACCC must give the report to the Minister within 30 days

after receiving the request.

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(5) In deciding whether to make the declaration, the Minister must

have regard to:

(a) the ACCC’s report; and

(b) such other matters (if any) as the Minister considers relevant.

(6) A declaration under subclause (1) is a legislative instrument.

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Functional separation of Telstra Part 9

Introduction Division 1

Clause 68

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Part 9—Functional separation of Telstra

Division 1—Introduction

68 Simplified outline

The following is a simplified outline of this Part:

• Telstra must prepare a draft functional separation undertaking.

• A final functional separation undertaking is a draft functional separation undertaking that has been approved by

the Minister.

• Telstra must comply with a final functional separation undertaking.

• However, Telstra is not required to prepare a draft functional separation undertaking if an undertaking about structural

separation is in force under section 577A.

69 Definitions

In this Part:

business unit means a part of Telstra.

declared network service has the meaning given by clause 70.

eligible service has the same meaning as in section 152AL of the

Competition and Consumer Act 2010.

equivalence means:

(a) equivalence in relation to terms and conditions relating to

price or a method of ascertaining price; and

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(b) equivalence in relation to other terms and conditions.

functional includes organisational.

functional separation principles means the principles set out in

clause 74.

functional separation requirements determination means a

determination under clause 75.

quarter means a period of 3 months beginning on 1 January,

1 April, 1 July or 1 October.

regulated service has the meaning given by clause 71.

retail business unit means a business unit by which Telstra deals

with its retail customers.

supply, in relation to a service, includes supply by Telstra of the

service to itself.

wholesale/network business unit means the business unit of

Telstra:

(a) that supplies the following:

(i) fault detection, handling and rectification;

(ii) service activation and provisioning;

(iii) declared network services;

to Telstra’s retail business units, and Telstra’s wholesale

customers, in relation to eligible services; and

(b) by which Telstra deals with its wholesale customers.

70 Declared network services

For the purposes of this Part, a declared network service is a

service specified in a legislative instrument made by the Minister

for the purposes of this clause.

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71 Regulated services

(1) For the purposes of this Part, a regulated service is a declared

service within the meaning of Part XIC of the Competition and

Consumer Act 2010.

(2) Subclause (1) has effect subject to subclause (3).

(3) The Minister may, by legislative instrument, determine that a

specified service is not a regulated service for the purposes of this

Part.

(4) The Minister may, by legislative instrument, determine that a

specified eligible service is a regulated service for the purposes of

this Part.

72 Notional contracts

For the purposes of this Part:

(a) a notional contract (however described) between any of

Telstra’s business units is to be treated as if it were an actual

contract; and

(b) any terms and conditions (whether or not relating to price or

a method of ascertaining price) in such a notional contract are

to be treated as if they were actual terms and conditions.

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Division 2 Functional separation undertaking

Clause 73

36 Telecommunications Act 1997

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Division 2—Functional separation undertaking

73 Contents of draft or final functional separation undertaking

(1) A draft or final functional separation undertaking must:

(a) comply with the functional separation principles; and

(b) contain provisions requiring Telstra to establish and maintain

a committee to be known as the Oversight and Equivalence

Board; and

and Equivalence Board:

(i) within a specified period after the end of each quarter

during which a final functional separation undertaking

is in force, to prepare a report about the extent (if any)

to which Telstra complied with the undertaking during

that quarter; and

(ii) to give a copy of the report to the ACCC and to

Telstra’s board of directors; and

(d) comply with such requirements (if any) as are specified in a

functional separation requirements determination.

Note 1: For the functional separation principles, see clause 74.

Note 2: For the functional separation requirements determination, see

clause 75.

(2) For the purposes of subparagraph (1)(c)(i), if a final functional

separation undertaking is in force throughout a part, but not the

whole, of a particular quarter, that part is taken to be a quarter in its

own right.

(3) If a final functional separation undertaking provides for the ACCC

to perform functions or exercise powers in relation to the

undertaking, the ACCC may perform those functions, and exercise

those powers, in accordance with the undertaking.

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74 Functional separation principles

(1) The functional separation principles are as follows:

(a) the principle that there should be equivalence in relation to

the supply by Telstra of regulated services to:

(i) Telstra’s wholesale customers; and

(ii) Telstra’s retail business units;

(b) the principle that Telstra should maintain:

(i) one or more retail business units; and

(ii) a wholesale/network business unit;

functional separation between:

(i) its wholesale/network business unit; and

(ii) its retail business units;

(d) the principle that Telstra should have systems, procedures

and practices that relate to:

(i) compliance with a final functional separation

undertaking; and

(ii) monitoring of, and reporting on, compliance with a final

functional separation undertaking; and

(iii) the development of performance measures relating to

compliance with a final functional separation

undertaking; and

(iv) independent audit, and other checks, of compliance with

a final functional separation undertaking;

(e) the principle that Telstra’s wholesale/network business unit

should not consult Telstra’s retail business units about:

(i) proposed services to be supplied by Telstra’s

wholesale/network business unit; or

(ii) proposed developments in connection with services

supplied by Telstra’s wholesale/network business unit;

unless Telstra’s wholesale/network business unit also

consults Telstra’s wholesale customers at the same time and

in the same manner.

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(2) In determining the principle of equivalence covered by

paragraph (1)(a), regard must be had to whether:

(a) the terms and conditions relating to price or a method of

ascertaining price; and

(b) other terms and conditions;

on which Telstra supplies regulated services to its wholesale

customers are no less favourable than the terms and conditions on

which Telstra supplies those services to its retail business units.

(3) Subclause (2) does not limit the matters to which regard may be

had.

(4) To avoid doubt, this clause does not affect the meaning of anything

in Part 33.

75 Functional separation requirements determination

(1) The Minister may make a written determination (a functional

separation requirements determination) specifying requirements

to be complied with by a draft or final functional separation

undertaking.

(2) A functional separation requirements determination may deal with

the manner in which the functional separation principles are to be

implemented.

(3) A functional separation requirements determination may deal with

the manner in which a requirement set out in paragraph 73(1)(b) or

Note: Clause 73 deals with the contents of a draft or final functional

separation undertaking.

(4) Subclauses (2) and (3) do not limit subclause (1).

(4A) Before making or varying a functional separation requirements

determination, the Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the determination or variation; and

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(ii) inviting persons to make submissions to the Minister

about the determination or variation within 14 days after

the notice is published; and

(b) give the ACCC a copy of the notice; and

mentioned in paragraph (a); and

(d) ask the ACCC to give advice to the Minister, within 28 days

after the publication of the notice, about the determination or

variation; and

(e) have regard to any advice given by the ACCC.

(4B) Subclause (4A) does not, by implication, prevent the Minister from

asking the ACCC to give the Minister additional advice about a

matter arising under this clause.

(5) The Minister must ensure that a functional separation requirements

determination comes into force within 90 days after the

commencement of this clause.

(5A) Subclause (5) does not apply if, before the end of the period

applicable under subclause (5):

(a) the following conditions are satisfied:

(i) an undertaking given by Telstra is in force under

section 577A;

(ii) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(iii) in accordance with the undertaking, Telstra has given

the ACCC a draft migration plan;

(iv) the ACCC has approved the draft migration plan under

section 577BD, 577BDA, 577BDB or 577BDC; or

(b) both:

(i) an undertaking given by Telstra is in force under

section 577A; and

(ii) the undertaking does not require Telstra to give the

ACCC a draft migration plan.

Note: Section 577A deals with undertakings about structural separation.

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Clause 75

40 Telecommunications Act 1997

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(5B) The Minister may, by writing, extend or further extend the 90-day

period referred to in subclause (5) so long as the extension, or the

total of the extensions, does not exceed 18 months.

(5C) The Minister must not make an instrument under subclause (5B)

unless:

(a) Telstra satisfies the Minister that Telstra is preparing an

undertaking under section 577A; or

(b) both:

(i) Telstra has given the ACCC an undertaking under

section 577A; and

(ii) the ACCC has not decided whether to accept the

undertaking; or

(i) Telstra has given the ACCC an undertaking under

section 577A;

(ii) the ACCC has decided to accept the undertaking;

(iii) that decision is expressed to be subject to the occurrence

of one or more specified events within a specified

period;

(iv) the undertaking is not in force;

(v) that period has not ended; or

(d) the following conditions are satisfied:

(i) an undertaking given by Telstra is in force under

section 577A;

(ii) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(iii) Telstra satisfies the Minister that Telstra is preparing a

draft migration plan to be given to the ACCC in

accordance with the undertaking; or

(e) the following conditions are satisfied:

(i) an undertaking given by Telstra is in force under

section 577A;

(ii) the undertaking requires Telstra to give the ACCC a

draft migration plan;

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(iii) Telstra has given the ACCC a draft migration plan in

accordance with the undertaking;

(iv) the ACCC has not decided whether to approve the draft

migration plan under section 577BD, 577BDA,

577BDB or 577BDC.

Note: Section 577A deals with undertakings about structural separation.

(5D) The Minister must cause a copy of an instrument under

subclause (5B) to be tabled in each House of the Parliament within

15 sitting days of that House after making the instrument.

(5E) If:

(a) before the end of the period applicable under subclause (5),

the ACCC accepts an undertaking given by Telstra under

section 577A; and

(b) the decision to accept the undertaking is expressed to be

subject to the occurrence of one of more specified events

within a specified period (the post-acceptance period) after

the undertaking is accepted; and

applicable under subclause (5); and

(d) the undertaking does not come into force before the end of

the post-acceptance period;

then:

(e) subclause (5) does not apply; and

(f) the Minister must ensure that a functional separation

requirements determination comes into force within 90 days

after the end of the post-acceptance period.

Note: Section 577A deals with undertakings about structural separation.

(5EA) If:

(a) before the end of the period applicable under subclause (5),

the ACCC accepts an undertaking given by Telstra under

section 577A; and

(b) the decision to accept the undertaking is expressed to be

subject to the occurrence of one of more specified events

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within a specified period (the post-acceptance period) after

the undertaking is accepted; and

applicable under subclause (5); and

(d) the undertaking comes into force before the end of the

post-acceptance period; and

(e) the undertaking requires Telstra to give the ACCC a draft

migration plan; and

(f) a final migration plan does not come into force before the

end of the post-acceptance period;

then:

(g) subclause (5) does not apply; and

(h) the Minister must ensure that a functional separation

requirements determination comes into force within 90 days

after the end of the post-acceptance period.

Note: Section 577A deals with undertakings about structural separation.

(5EB) Subclause (5) does not apply if:

(a) before the end of the period applicable under subclause (5),

the ACCC accepts an undertaking given by Telstra under

section 577A; and

(b) the decision to accept the undertaking is expressed to be

subject to the occurrence of one of more specified events

within a specified period (the post-acceptance period) after

the undertaking is accepted; and

applicable under subclause (5); and

(d) the undertaking comes into force before the end of the

post-acceptance period; and

(e) the undertaking does not require Telstra to give the ACCC a

draft migration plan.

Note: Section 577A deals with undertakings about structural separation.

(5EC) Subclause (5) does not apply if:

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(a) before the end of the period applicable under subclause (5),

the ACCC accepts an undertaking given by Telstra under

section 577A; and

(b) the decision to accept the undertaking is expressed to be

subject to the occurrence of one of more specified events

within a specified period (the post-acceptance period) after

the undertaking is accepted; and

applicable under subclause (5); and

(d) the undertaking comes into force before the end of the

post-acceptance period; and

(e) the undertaking requires Telstra to give the ACCC a draft

migration plan; and

(f) a final migration plan has come into force before the end of

the post-acceptance period.

Note: Section 577A deals with undertakings about structural separation.

(5F) The Minister is not required to observe any requirements of

procedural fairness in relation to the making of an instrument under

subclause (5B).

(5G) The Minister does not have a duty to consider whether to make an

instrument under subclause (5B), whether at the request of a person

or in any other circumstances.

(6) A determination under subclause (1) is not a legislative instrument.

(7) An instrument under subclause (5B) is not a legislative instrument.

76 Draft functional separation undertaking to be given to Minister

(1) Telstra must give the Minister a draft functional separation

undertaking:

(a) within 90 days after the first functional separation

requirements determination comes into force; or

(b) if a longer period is specified in an instrument under

subclause (3)—within that longer period.

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(2) However, subclause (1) does not apply if:

(a) the following conditions are satisfied:

(i) an undertaking given by Telstra is in force under

section 577A;

(ii) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(iii) in accordance with the undertaking, Telstra has given

the ACCC a draft migration plan;

(iv) the ACCC has approved the draft migration plan under

section 577BD, 577BDA, 577BDB or 577BDC; or

(b) both:

(i) an undertaking given by Telstra is in force under

section 577A; and

(ii) the undertaking does not require Telstra to give the

ACCC a draft migration plan.

Note: Section 577A deals with undertakings about structural separation.

(3) The Minister may, by writing, specify a period for the purposes of

paragraph (1)(b).

(4) The Minister must not specify a period under subclause (3) unless:

(a) Telstra satisfies the Minister that Telstra is preparing an

undertaking under section 577A; or

(b) both:

(i) Telstra has given the ACCC an undertaking under

section 577A; and

(ii) the ACCC has not decided whether to accept the

undertaking; or

(i) Telstra has given the ACCC an undertaking under

section 577A;

(ii) the ACCC has decided to accept the undertaking;

(iii) that decision is expressed to be subject to the occurrence

of one or more specified events within a specified

period;

(iv) the undertaking is not in force;

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(v) that period has not ended; or

(d) the following conditions are satisfied:

(i) an undertaking given by Telstra is in force under

section 577A;

(ii) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(iii) Telstra satisfies the Minister that Telstra is preparing a

draft migration plan to be given to the ACCC in

accordance with the undertaking; or

(e) the following conditions are satisfied:

(i) an undertaking given by Telstra is in force under

section 577A;

(ii) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(iii) Telstra has given the ACCC a draft migration plan in

accordance with the undertaking;

(iv) the ACCC has not decided whether to approve the draft

migration plan under section 577BD, 577BDA,

577BDB or 577BDC.

Note: Section 577A deals with undertakings about structural separation.

(5) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a

power conferred on the Minister by subclause (3). However, the

Minister must not revoke a subclause (3) instrument.

(6) A period specified in a subclause (3) instrument may be a period

ascertained wholly or partly by reference to the occurrence of a

specified event.

(6A) The Minister is not required to observe any requirements of

procedural fairness in relation to the making of a subclause (3)

instrument.

(7) The Minister does not have a duty to consider whether to exercise

the power to make a subclause (3) instrument, whether he or she is

requested to do so by Telstra or by any other person, or in any

other circumstances.

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(8) The Minister must cause a copy of an instrument under

subclause (3) to be published on the Department’s website.

(9) An instrument under subclause (3) is not a legislative instrument.

77 Approval of draft functional separation undertaking by Minister

(1) This clause applies if Telstra gives the Minister a draft functional

separation undertaking (the original undertaking).

(2) The Minister must, by writing:

(a) approve the original undertaking; or

(b) both:

(i) vary the original undertaking; and

(ii) approve the original undertaking as varied; or

(i) determine that Telstra is taken to have given the

Minister another draft functional separation undertaking

(the replacement undertaking) in the terms specified in

the determination, instead of the original undertaking;

and

(ii) approve the replacement undertaking.

Consultation

(3) Before making a decision under subclause (2), the Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the original undertaking; and

(ii) inviting persons to make submissions to the Minister

about the original undertaking within 14 days after the

notice is published; and

(b) give the ACCC a copy of the notice; and

each submission received within the 14-day period

mentioned in paragraph (a); and

(d) consider any submissions received within the 14-day period

mentioned in paragraph (a); and

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(e) ask the ACCC to give advice to the Minister, within 44 days

after the notice is published, about the original undertaking;

and

(f) have regard to any advice given by the ACCC.

Consultation—variation of original undertaking

(4) Before making a decision under paragraph (2)(b) to approve the

original undertaking as varied, the Minister must:

(a) give Telstra a notice:

(i) setting out the original undertaking as proposed to be

varied; and

(ii) inviting Telstra to make submissions to the Minister,

within 14 days after the notice is given, about the

original undertaking as proposed to be varied; and

(b) consider any submissions received from Telstra within the

14-day period mentioned in paragraph (a).

Consultation—replacement undertaking

(5) Before making a decision under paragraph (2)(c) to approve the

replacement undertaking, the Minister must:

(a) give Telstra a notice:

(i) setting out the proposed replacement undertaking; and

(ii) inviting Telstra to make submissions to the Minister

about the proposed replacement undertaking within 14

days after the notice is given; and

(b) consider any submissions received from Telstra within the

14-day period mentioned in paragraph (a).

Advice by the ACCC

(6) Subclause (3) does not, by implication, prevent the Minister from

asking the ACCC to give the Minister additional advice about a

matter arising under this clause.

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Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 78

48 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Notification of decision

(7) As soon as practicable after making a decision under subclause (2),

the Minister must notify Telstra in writing of the decision.

Instrument is not a legislative instrument

(8) An instrument made under subclause (2) is not a legislative

instrument.

78 Time limit for making an approval decision

(1) This clause applies if Telstra gives the Minister a draft functional

separation undertaking (the original undertaking).

(2) The Minister must use his or her best endeavours to make a

decision under subclause 77(2) in relation to the original

undertaking within 6 months after the original undertaking was

given to the Minister.

79 Effect of approval

(1) If the Minister approves a draft functional separation undertaking

under subclause 77(2), the undertaking becomes a final functional

separation undertaking.

(2) A final functional separation undertaking comes into force on the

day after notice of the relevant decision is given to Telstra in

accordance with subclause 77(7).

(3) A final functional separation undertaking may not be withdrawn.

Undertaking is not a legislative instrument

(4) A final functional separation undertaking is not a legislative

instrument.

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Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 80

Telecommunications Act 1997 49

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

80 Variation of final functional separation undertaking

(1) This clause applies if a final functional separation undertaking is in

force.

Variation

(2) The Minister may, in writing, vary the final functional separation

undertaking:

(a) at the request of Telstra or another person; or

(b) on the Minister’s own initiative.

(3) The Minister does not have a duty to consider whether to exercise

the power to vary a final functional separation undertaking,

whether he or she is requested to do so by Telstra or by any other

person, or in any other circumstances.

Consultation

(4) Before varying a final functional separation undertaking, the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the proposed variation; and

(ii) inviting persons to make submissions to the Minister

about the proposed variation within 14 days after the

notice is published; and

(b) give the ACCC a copy of the notice; and

each submission received within the 14-day period

mentioned in paragraph (a); and

(d) consider any submissions received within the 14-day period

mentioned in paragraph (a); and

(e) ask the ACCC to give advice to the Minister, within 44 days

after the notice is published, about the proposed variation;

and

(f) have regard to any advice given by the ACCC.

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Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 80

50 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Minor variation

(5) Subclause (4) does not apply to a proposed variation if the

variation is of a minor nature.

(6) If the proposed variation:

(a) is of a minor nature; and

(b) is not made at the request of Telstra;

then, before making the proposed variation, the Minister must:

(i) setting out the proposed variation; and

(ii) inviting Telstra to make submissions to the Minister

about the proposed variation within 14 days after the

notice is given; and

(d) consider any submissions received from Telstra within that

14-day period.

Advice by the ACCC

(7) Subclause (4) does not, by implication, prevent the Minister from

asking the ACCC to give the Minister additional advice about a

matter arising under this clause.

Notification of variation

(8) As soon as practicable after varying a final functional separation

undertaking, the Minister must notify Telstra in writing of the

variation.

When variation comes into force

(9) A variation of a final functional separation undertaking comes into

force on the day after the notice of the variation is given to Telstra

in accordance with subclause (8).

Variation is not a legislative instrument

(10) A variation of a final functional separation undertaking is not a

legislative instrument.

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Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 81

Telecommunications Act 1997 51

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

81 Publication of final functional separation undertaking

(1) As soon as practicable after a final functional separation

undertaking comes into force, Telstra must make a copy of the

undertaking available on Telstra’s website.

(2) As soon as practicable after a variation of a final functional

separation undertaking comes into force, Telstra must make a copy

of the varied final functional separation undertaking available on

Telstra’s website.

82 Compliance with final functional separation undertaking

(1) If a final functional separation undertaking is in force, Telstra must

comply with the undertaking.

(2) However, subclause (1) does not apply if an undertaking given by

Telstra is in force under section 577A.

Note: Section 577A deals with undertakings about structural separation.

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Part 10 Control and use by Telstra of certain spectrum licences

Division 1 Introduction

Clause 83

52 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 10—Control and use by Telstra of certain

spectrum licences

Division 1—Introduction

83 Simplified outline

The following is a simplified outline of this Part:

• If the excluded spectrum regime applies to Telstra, and a spectrum licence relates to a designated part of the spectrum,

Telstra must not be in a position to exercise control of the

licence unless the following undertakings given by Telstra

are in force:

(a) an undertaking about structural separation;

(b) an undertaking about hybrid fibre-coaxial

networks;

broadcasting licences.

• However, the Minister may exempt Telstra from the requirement to have an undertaking about hybrid

fibre-coaxial networks or subscription television

broadcasting licences if the Minister is satisfied that

Telstra’s undertaking about structural separation is sufficient

to address concerns about the degree of Telstra’s power in

telecommunications markets.

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Standard carrier licence conditions Schedule 1

Control and use by Telstra of certain spectrum licences Part 10

Control and use by Telstra of certain spectrum licences Division 2

Clause 84

Telecommunications Act 1997 53

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Control and use by Telstra of certain spectrum

licences

84 Control by Telstra of certain spectrum licences

(1) If:

(a) the excluded spectrum regime applies to Telstra; and

(b) a spectrum licence relates to a designated part of the

spectrum;

Telstra must not be in a position to exercise control of the licence.

Note 1: For excluded spectrum regime, see section 577GA.

Note 2: For when Telstra is in a position to exercise control of a spectrum

licence, see clause 88.

(2) However, the rule in subclause (1) does not apply if:

(a) both:

(i) an undertaking given by Telstra is in force under

section 577A; and

(ii) the undertaking is covered by subclause (3); and

(b) either:

(i) an undertaking given by Telstra is in force under

section 577C; or

(ii) a declaration is in force under subsection 577J(3); and

(i) an undertaking given by Telstra is in force under

section 577E; or

(ii) a declaration is in force under subsection 577J(5).

Note 1: Section 577A deals with undertakings about structural separation.

Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial

networks.

Note 3: Section 577E deals with undertakings about subscription television

broadcasting licences.

(3) This subclause covers a section 577A undertaking if:

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Part 10 Control and use by Telstra of certain spectrum licences

Division 2 Control and use by Telstra of certain spectrum licences

Clause 85

54 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the following conditions are satisfied:

(i) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(ii) in accordance with the undertaking, Telstra has given

the ACCC a draft migration plan;

(iii) the ACCC has approved the draft migration plan under

section 577BD, 577BDA, 577BDB or 577BDC; or

(b) the undertaking does not require Telstra to give the ACCC a

draft migration plan.

85 Use by Telstra of certain spectrum licences

(1) If:

(a) the excluded spectrum regime applies to Telstra; and

(b) a spectrum licence relates to a designated part of the

spectrum;

Telstra must not supply a carriage service using a

radiocommunications device the operation of which is authorised

under the licence.

Note: For excluded spectrum regime, see section 577GA.

(2) However, the rule in subclause (1) does not apply if:

(a) both:

(i) an undertaking given by Telstra is in force under

section 577A; and

(ii) the undertaking is covered by subclause (3); and

(b) either:

(i) an undertaking given by Telstra is in force under

section 577C; or

(ii) a declaration is in force under subsection 577J(3); and

(i) an undertaking given by Telstra is in force under

section 577E; or

(ii) a declaration is in force under subsection 577J(5).

Note 1: Section 577A deals with undertakings about structural separation.

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Control and use by Telstra of certain spectrum licences Part 10

Control and use by Telstra of certain spectrum licences Division 2

Clause 85

Telecommunications Act 1997 55

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial

networks.

Note 3: Section 577E deals with undertakings about subscription television

broadcasting licences.

(3) This subclause covers a section 577A undertaking if:

(a) the following conditions are satisfied:

(i) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(ii) in accordance with the undertaking, Telstra has given

the ACCC a draft migration plan;

(iii) the ACCC has approved the draft migration plan under

section 577BD, 577BDA, 577BDB or 577BDC; or

(b) the undertaking does not require Telstra to give the ACCC a

draft migration plan.

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Schedule 1 Standard carrier licence conditions

Part 10 Control and use by Telstra of certain spectrum licences

Division 3 Other provisions

Clause 86

56 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Other provisions

86 Associate

(1) In this Part, an associate of Telstra in relation to control of a

spectrum licence is:

(a) a partner of Telstra; or

(b) if Telstra or another person who is an associate of Telstra

under another paragraph receives benefits or is capable of

benefiting under a trust—the trustee of the trust; or

(i) acts, or is accustomed to act; or

(ii) under a contract or an arrangement or understanding

(whether formal or informal) is intended or expected to

act;

in accordance with the directions, instructions or wishes of,

or in concert with:

(iii) Telstra; or

(iv) Telstra and another person who is an associate of

Telstra under another paragraph; or

(d) another company if:

(i) the other company is a related body corporate of Telstra

for the purposes of the Corporations Act 2001; or

(ii) Telstra, or Telstra and another person who is an

associate of Telstra under another paragraph, are in a

position to exercise control of the other company.

(2) However, persons are not associates of each other if the ACCC is

satisfied that:

(a) they do not act together in any relevant dealings relating to

the spectrum licence; and

(b) neither of them is in a position to exert influence over the

business dealings of the other in relation to the spectrum

licence.

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Control and use by Telstra of certain spectrum licences Part 10

Other provisions Division 3

Clause 87

Telecommunications Act 1997 57

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

87 Control

In this Part, control includes control as a result of, or by means of,

trusts, agreements, arrangements, understandings and practices,

whether or not having legal or equitable force and whether or not

based on legal or equitable rights.

88 When Telstra is in a position to exercise control of a spectrum

licence

(1) For the purposes of this Part, Telstra is in a position to exercise

control of a spectrum licence if:

(a) Telstra is the licensee; or

(b) Telstra, either alone or together with an associate of Telstra,

is in a position to exercise control of the spectrum licensee;

is in a position to exercise (whether directly or indirectly)

control of the selection of radiocommunications devices

authorised to operate under the licence; or

(d) Telstra, either alone or together with an associate of Telstra,

is in a position to exercise (whether directly or indirectly)

control of a significant proportion of the operations of

radiocommunications devices authorised to operate under the

licence; or

(e) Telstra, either alone or together with an associate of Telstra,

is in a position to:

(i) veto any action taken by the board of directors of the

licensee; or

(ii) appoint or secure the appointment of, or veto the

appointment of, at least half of the board of directors of

the licensee; or

(iii) exercise, in any other manner, whether directly or

indirectly, direction or restraint over any substantial

issue affecting the management or affairs of the

licensee; or

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Part 10 Control and use by Telstra of certain spectrum licences

Division 3 Other provisions

Clause 88

58 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(f) the licensee or more than 50% of its directors:

(i) act, or are accustomed to act; or

(ii) under a contract or an arrangement or understanding

(whether formal or informal) are intended or expected to

act;

in accordance with the directions, instructions or wishes of,

or in concert with, Telstra or of Telstra and an associate of

Telstra acting together or of the directors of Telstra.

(2) An employee of a licensee is not, except through an association

with another person, to be regarded as being in a position to

exercise control of a spectrum licence under subclause (1) purely

because of being an employee.

(3) More than one person may be in a position to exercise control of a

spectrum licence.

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Standard service provider rules Schedule 2

Compliance with this Act Part 1

Clause 1

Telecommunications Act 1997 59

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Schedule 2—Standard service provider rules Note: See section 98.

Part 1—Compliance with this Act

1 Compliance with this Act

(1) A service provider must comply with this Act.

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act

and Chapter 5 of the Telecommunications (Interception and

Access) Act 1979.

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Schedule 2 Standard service provider rules

Part 2 Operator services

Clause 2

60 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 2—Operator services

2 Simplified outline

The following is a simplified outline of this Part:

• Certain operator services must be provided to end-users of

standard telephone services.

3 Scope of Part

This Part applies to the following operator services:

(a) services for dealing with faults and service difficulties;

(b) services of a kind specified in the regulations.

4 Operator services must be provided to end-users of a standard

telephone service

(1) A carriage service provider who supplies a standard telephone

service must make operator services available to each end-user of

that standard telephone service.

(2) The provider may do this by:

(a) providing the operator services itself; or

(b) arranging with another person for the provision of the

operator services.

5 Access to end-users of other carriage service providers

(1) If:

(a) a carriage service provider (the first provider) who supplies a

standard telephone service itself provides a particular kind of

operator services to end-users of its standard telephone

service; and

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Clause 5

Telecommunications Act 1997 61

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) another carriage service provider (the second provider) who

supplies a standard telephone service does not itself provide

that kind of operator services to particular end-users of its

standard telephone service; and

agreement for the first provider to provide that kind of

operator services to those end-users of the second provider’s

standard telephone service;

the first provider must comply with the request.

(2) The operator services are to be provided to the end-users of the

second provider’s standard telephone service in accordance with

the request and on such terms and conditions as are:

(a) agreed between the first provider and the second provider; or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(3) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(5) Subclause (4) does not, by implication, limit subclause (3).

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Schedule 2 Standard service provider rules

Part 3 Directory assistance services

Clause 6

62 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 3—Directory assistance services

6 Simplified outline

The following is a simplified outline of this Part:

• Directory assistance services must be made available to

end-users of standard telephone services.

7 Directory assistance services must be provided to end-users

(1) A carriage service provider who supplies a standard telephone

service must make directory assistance services available to each

end-user of the service.

(2) The provider may do this by:

(a) providing the directory assistance services itself; or

(b) arranging with another person for the provision of the

directory assistance services.

8 Access by end-users of other carriage service providers

(1) If:

(a) a carriage service provider (the first provider) who supplies a

standard telephone service itself provides directory assistance

services to end-users of its standard telephone service; and

(b) another carriage service provider (the second provider) who

supplies a standard telephone service does not itself provide

directory assistance services to particular end-users of its

standard telephone service; and

agreement for the first provider to provide directory

assistance services to those end-users of the second

provider’s standard telephone service;

the first provider must comply with the request.

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Clause 8

Telecommunications Act 1997 63

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The directory assistance services are to be provided to the

end-users of the second provider’s standard telephone service in

accordance with the request and on such terms and conditions as

are:

(a) agreed between the first provider and the second provider; or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties fail to agree on the appointment of an arbitrator, the

ACCC is to be the arbitrator.

(3) The regulations may make provision for and in relation to the

conduct of an arbitration under this clause.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this clause, the ACCC

may be constituted by a single member, or a specified number of

members, of the ACCC. For each such arbitration, that member or

those members are to be nominated in writing by the Chairperson

of the ACCC.

(5) Subclause (4) does not, by implication, limit subclause (3).

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Schedule 2 Standard service provider rules

Part 4 Integrated public number database

Clause 9

64 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 4—Integrated public number database

9 Simplified outline

The following is a simplified outline of this Part:

• If a person or association is under an obligation to provide and

maintain an integrated public number database, carriage

service providers must give the person or association

information in connection with the fulfilment of that

obligation.

10 Carriage service providers must give information to Telstra

(1) This clause applies if Telstra is obliged by a condition of a carrier

licence to provide and maintain an integrated public number

database.

(2) If:

(a) a carriage service provider supplies a carriage service to an

end-user; and

(b) the end-user has a public number;

the carriage service provider must give Telstra such information as

Telstra reasonably requires in connection with Telstra’s fulfilment

of that obligation.

(3) In this clause:

number has the same meaning as in Division 2 of Part 22.

public number means a number specified in the numbering plan as

mentioned in subsection 455(3).

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Clause 11

Telecommunications Act 1997 65

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

11 Carriage service providers must give information to another

person or association

(1) This clause applies if a person or association is obliged by

section 472 to provide and maintain an integrated public number

database.

(2) If:

(a) a carriage service provider supplies a carriage service to an

end-user; and

(b) the end-user has a public number;

the carriage service provider must give the person or association

such information as the person or association reasonably requires

in connection with the person’s or association’s fulfilment of that

obligation.

(3) In this clause:

number has the same meaning as in Division 2 of Part 22.

public number means a number specified in the numbering plan as

mentioned in subsection 455(3).

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Part 5 Itemised billing

Clause 12

66 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 5—Itemised billing

12 Simplified outline

The following is a simplified outline of this Part:

• A carriage service provider who supplies a standard telephone

service must provide itemised billing for each of its customers

of such a service.

13 Itemised billing

(1) This clause applies to a carriage service provider who supplies a

standard telephone service.

(2) The provider must provide itemised billing for calls made using

such a service. The provider may do this by:

(a) providing the itemised billing itself; or

(b) arranging with another person for the provision of the

itemised billing.

(3) The rule set out in subclause (2) does not apply in relation to calls

made using a particular service if the customer chooses not to have

itemised billing for calls made using that service.

(4) The rule set out in subclause (2) does not apply to designated local

calls unless the customer requests the provider to provide itemised

billing in relation to those calls.

(5) For the purposes of the application of this clause to a carriage

service provider who supplies a standard telephone service to a

customer, a designated local call is a call that:

(a) is made using that service; and

(b) is made between points in the applicable zone in relation to

the provider and in relation to the customer; and

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Clause 13

Telecommunications Act 1997 67

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) For the purposes of subclause (5), a call is an exempt call if:

(a) the call involves the use of a public mobile

telecommunications service (whether by the party who

originated the call or by any other party to the caln( � or

(b) the call involves the use of a satellite service.

(7) A reference in this clause to the applicable zone is a reference to

the applicable zone for the purposes of Part 4 of the

Telecommunications (Consumer Protection and Service Standards)

Act 1999.

(8) For the purposes of this clause, a call is regarded as an untimed

local call if, and only if, the call is an eligible local call for the

purposes of Part 4 of the Telecommunications (Consumer

Protection and Service Standards) Act 1999.

(9) In this clause:

itemised billing, in relation to calls of a particular kind, means the

provision to a customer of a bill that:

(a) if there is in force a written determination made by the

ACMA relating to that kind of service—shows such details

as are specified in the determination; or

(b) in any other case—shows, for each call of that kind that is

not regarded as an untimed local call, the following details:

(i) the date on which the call was made;

(ii) the number to which the call was made;

(iii) the duration of the call;

(iv) the charge applicable to the call;

and complies with a determination in force under clause 15.

satellite service means a carriage service, where customer

equipment used in connection with the supply of the service

communicates directly with a satellite-based facility.

(10) A determination under paragraph (a) of the definition of itemised

billing in subclause (9) is a legislative instrument.

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Part 5 Itemised billing

Clause 14

68 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

14 Exemptions from itemised billing requirements

(1) The ACMA may, by notice in the Gazette, declare that a specified

carriage service provider is exempt from the requirement set out in

subclause 13(2) in so far as that requirement applies in relation to

specified customers. The declaration has effect accordingly.

Note: Providers or customers may be specified by name, by inclusion in a

particular class or in any other way.

(2) In deciding whether a provider should be exempt from the

requirement set out in subclause 13(2), the ACMA must have

regard to:

(a) the technical feasibility of complying with the requirement

set out in that subclause; and

(b) any plans by the provider to install a capability to provide

itemised billing to those customers.

(3) Subclause (2) does not, by implication, limit the matters to which

the ACMA may have regard.

15 Details that are not to be specified in an itemised bill

(1) The ACMA may, by written instrument, determine that specified

details must not be shown in an itemised bill provided by a carriage

service provider to a customer.

(2) In making a determination under subclause (1), the ACMA must

have regard to the Australian Privacy Principles. This subclause

does not, by implication, limit the matters to which the ACMA is

to have regard.

(3) A carriage service provider must comply with a determination

under subclause (1).

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Standard service provider rules Schedule 2

Priority assistance Part 6

Clause 16

Telecommunications Act 1997 69

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 6—Priority assistance

16 Simplified outline

The following is a simplified outline of this Part:

• This Part deals with priority assistance for people with life-threatening medical conditions.

• A carriage service provider must comply with the priority assistance industry code.

• If a carriage service provider receives an inquiry from a prospective residential customer about the supply of a

standard telephone service, and the provider does not offer

priority assistance, the provider must:

(a) inform the prospective residential customer that the

provider does not offer priority assistance in

connection with the service; and

(b) inform the prospective residential customer of the

names of one or more carriage service providers

from whom the prospective residential customer

can obtain priority assistance.

17 Priority assistance industry code

For the purposes of this Part, the priority assistance industry code

is:

(a) the code that is:

(i) entitled Priority Assistance for Life Threatening

Medical Conditions; and

(ii) registered under Part 6; or

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Part 6 Priority assistance

Clause 18

70 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) if that code is replaced by another code registered under

Part 6—the replacement code.

18 Compliance with the priority assistance industry code

A carriage service provider must comply with the priority

assistance industry code to the extent (if any) to which the code is

applicable to the provider.

19 Information for prospective residential customers of a carriage

service provider who does not offer priority assistance

Scope

(1) This clause applies to a carriage service provider if:

(a) the provider receives an inquiry from a prospective

residential customer about the supply of a standard telephone

service; and

(b) the provider does not offer priority assistance in connection

with the service.

Requirement

(2) The provider must:

(a) inform the prospective residential customer that the provider

does not offer priority assistance in connection with the

service; and

(b) inform the prospective residential customer of the names of

one or more carriage service providers from whom the

prospective residential customer can obtain priority

assistance in connection with a standard telephone service.

Definition

(3) In this clause:

priority assistance has the same meaning as in the priority

assistance industry code.

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Standard service provider rules Schedule 2

Priority assistance Part 6

Clause 20

Telecommunications Act 1997 71

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

20 Requirements for Telstra

This Part does not impose a requirement on Telstra if clause 19 of

the Carrier Licence Conditions (Telstra Corporation Limited)

Declaration 1997 is in force.

Note: Clause 19 of the Carrier Licence Conditions (Telstra Corporation

Limited) Declaration 1997 is about Telstra’s priority assistance

obligations.

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Division 1 Simplified outline and definitions

Clause 1

72 Telecommunications Act 1997

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Schedule 3—Carriers’ powers and

immunities Note: See section 484.

Part 1—General provisions

Division 1—Simplified outline and definitions

1 Simplified outline

The following is a simplified outline of this Part:

• A carrier may enter on land and exercise any of the following

powers:

(a) the power to inspect the land to determine whether

the land is suitable for the carrier’s purposes;

(b) the power to install a facility on the land;

the land.

• The power to install a facility may only be exercised if:

(a) the carrier holds a facility installation permit; or

(b) the facility is a low-impact facility; or

behalf of, a defence organisation for defence

purposes; or

(d) the installation is carried out before 1 July 2000 for

the sole purpose of connecting a building to a

network that was in existence on 30 June 1997.

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• A facility installation permit will only be issued in relation to

a facility if:

(a) the carrier has made reasonable efforts to negotiate

in good faith with the relevant proprietors and

administrative authorities; and

(b) in a case where the facility is a designated

overhead line—each relevant administrative

authority has approved the installation of the line;

and

facility relates is or will be of national significance;

and

(d) the facility is an important part of the

telecommunications network to which the facility

relates; and

(e) either the greater part of the infrastructure of the

telecommunications network to which the facility

relates has already been installed or relevant

administrative authorities are reasonably likely to

approve the installation of the greater part of the

infrastructure of the telecommunications network

to which the facility relates; and

(f) the advantages that are likely to be derived from

the operation of the facility in the context of the

telecommunications network to which the facility

relates outweigh any form of degradation of the

environment that is likely to result from the

installation of the facility.

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Division 1 Simplified outline and definitions

Clause 2

74 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• In exercising powers under this Part, a carrier must comply

with certain conditions, including:

(a) doing as little damage as practicable;

(b) acting in accordance with good engineering

practice;

(d) complying with conditions specified in the

regulations;

(e) complying with conditions specified in a

Ministerial Code of Practice;

(f) complying with conditions specified in a facility

installation permit;

(g) giving notice to the owner of land.

2 Definitions

In this Part:

Aboriginal person means a person of the Aboriginal race of

Australia.

defence organisation means:

(a) the Defence Department; or

(b) the Australian Defence Force; or

organisation:

(i) has functions corresponding to functions of, or of a part

of, the Defence Department or the Australian Defence

Force; and

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(ii) is authorised by the Commonwealth to operate or train

in Australia or an external Territory; or

(d) a part of such an organisation or body.

designated overhead line has the meaning given by clause 3.

ecological community has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

ecosystem means a dynamic complex of plant, animal and

micro-organism communities and their non-living environment

interacting as a functional unit.

enter on land includes enter on a public place.

environment has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

Environment Secretary means the Secretary of the Department

responsible for the administration of the Environment Protection

and Biodiversity Conservation Act 1999.

facility installation permit means a permit issued under clause 25.

installation, in relation to a facility, includes:

(a) the construction of the facility on, over or under any land;

and

(b) the attachment of the facility to any building or other

structure; and

the facility (for this purpose, installation includes an activity

covered by paragraph (a) or (b)).

international agreement means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign

country;

and includes, for example, an agreement, arrangement or

understanding between a Minister and an official or authority of a

foreign country.

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Clause 2

76 Telecommunications Act 1997

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land includes submerged land (but does not include submerged

land that is beneath Australian waters within the meaning of

Schedule 3A).

listed international agreement means an international agreement

specified in the regulations.

public inquiry, in relation to a facility installation permit, means a

public inquiry under Part 25 about whether the permit should be

issued and, if so, the conditions (if any) that should be specified in

the permit.

public place includes a place to which members of the public have

ready access.

public utility means a body that provides to the public:

(a) reticulated products or services, such as electricity, gas,

water, sewerage or drainage; or

(b) carriage services (other than carriage services supplied by a

carriage service provider); or

(d) a product or service of a kind that is similar to a product or

service covered by paragraph (a), (b) or (c).

threatened ecological community means an ecological community

that is included in the list of threatened ecological communities

kept under Division 1 of Part 13 of the Environment Protection

and Biodiversity Conservation Act 1999.

threatened species means a species that is included in one of the

following categories of the list of threatened species kept under

Division 1 of Part 13 of the Environment Protection and

Biodiversity Conservation Act 1999:

(a) extinct in the wild;

(b) critically endangered;

(d) vulnerable.

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Telecommunications Act 1997 77

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Torres Strait Islander means a descendant of an indigenous

inhabitant of the Torres Strait Islands.

3 Designated overhead line

A reference in this Part to a designated overhead line is a reference

to a line:

(a) that is suspended above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, bay, estuary, harbour or other

body of water; and

(b) the maximum external cross-section of any part of which

exceeds:

(i) 13 mm; or

(ii) if another distance is specified in the regulations—that

other distance.

4 Extension to a tower to be treated as the installation of a facility

(1) For the purposes of the application of this Part to the installation of

facilities, if:

(a) a tower is a facility; and

(b) the tower is, or is to be, extended;

then:

carrying out of the installation of the facility; and

(d) the extension is to be treated as a facility in its own right.

(2) To avoid doubt, a reference in this clause to a tower does not

include a reference to an antenna.

(3) In this clause:

tower means a tower, pole or mast.

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Part 1 General provisions

Division 2 Inspection of land

Clause 5

78 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Inspection of land

5 Inspection of land

(1) A carrier may, for the purposes of determining whether any land is

suitable for its purposes:

(a) enter on, and inspect, the land; and

(b) do anything on the land that is necessary or desirable for that

purpose, including, for example:

(i) making surveys, taking levels, sinking bores, taking

samples, digging pits and examining the soil; and

(ii) felling and lopping trees and clearing and removing

other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge;

and

(v) altering the position of a water, sewerage or gas main or

pipe; and

(vi) altering the position of an electricity cable or wire.

(2) A carrier may, for the purpose of surveying or obtaining

information in relation to any land that, in the carrier’s opinion, is

or may be suitable for its purposes:

(a) enter on any land; and

(b) do anything on the entered land that is necessary or desirable

for that purpose, including, for example:

(i) making surveys and taking levels; and

(ii) felling and lopping trees and clearing and removing

other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge;

and

(v) altering the position of a water, sewerage or gas main or

pipe; and

(vi) altering the position of an electricity cable or wire.

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Clause 5

Telecommunications Act 1997 79

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(3) A reference in this Part to engaging in activities under this Division

includes a reference to exercising powers under this Division.

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Division 3 Installation of facilities

Clause 6

80 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Installation of facilities

6 Installation of facilities

(1) A carrier may, for purposes connected with the supply of a carriage

service, carry out the installation of a facility if:

(a) the carrier is authorised to do so by a facility installation

permit; or

(b) the facility is a low-impact facility (as defined by subclause (3));

a defence organisation for defence purposes.

Note: If the installation of a facility is not authorised by this clause, the

installation may require the approval of an administrative authority

under a law of a State or Territory.

(2) If subclause (1) authorises a carrier to carry out a particular

activity, the carrier may, for purposes in connection with the

carrying out of that activity:

(a) enter on, and occupy, any land; and

(b) on, over or under the land, do anything necessary or desirable

for those purposes, including, for example:

(i) constructing, erecting and placing any plant, machinery,

equipment and goods; and

(ii) felling and lopping trees and clearing and removing

other vegetation and undergrowth; and

(iii) making cuttings and excavations; and

(iv) restoring the surface of the land and, for that purpose,

removing and disposing of soil, vegetation and other

material; and

(v) erecting temporary workshops, sheds and other

buildings; and

(vi) levelling the surface of the land and making roads.

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Clause 6

Telecommunications Act 1997 81

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(3) The Minister may, by legislative instrument, determine that a

specified facility is a low-impact facility for the purposes of this

clause. The determination has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(4) A designated overhead line must not be specified in an instrument

under subclause (3).

(4A) A submarine cable (within the meaning of Schedule 3A) must not

be specified in an instrument under subclause (3).

(5) A tower must not be specified in an instrument under subclause (3)

unless:

(a) the tower is attached to a building; and

(b) the height of the tower does not exceed 5 metres.

(6) To avoid doubt, a reference in subclause (5) to a tower does not

include a reference to an antenna.

(7) An extension to a tower must not be specified in an instrument

under subclause (3) unless:

(a) the height of the extension does not exceed 5 metres; and

(b) there have been no previous extensions to the tower.

For this purpose, tower has the same meaning as in clause 4.

(8) Paragraphs (1)(a) and (c) do not, by implication, limit

subclause (3).

(9) A reference in this Part to engaging in activities under this Division

includes a reference to exercising powers under this Division.

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Division 4 Maintenance of facilities

Clause 7

82 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Maintenance of facilities

7 Maintenance of facilities

(1) A carrier may, at any time, maintain a facility.

(2) A carrier may do anything necessary or desirable for the purpose of

exercising powers under subclause (1), including (but not limited

to):

(a) entering on, and occupying, land; and

(b) removing, or erecting a gate in, any fence.

(3) A reference in this clause to the maintenance of a facility (the

original facility) includes a reference to:

(a) the alteration, removal or repair of the original facility; and

(b) the provisioning of the original facility with material or with

information (whether in electronic form or otherwise); and

(d) the replacement of the whole or a part of the original facility

in its original location, where the conditions specified in

subclause (5) are satisfied; and

(e) the installation of an additional facility in the same location

as the original facility, where the conditions specified in

subclause (6) are satisfied; and

(f) in a case where any tree, undergrowth or vegetation

obstructs, or is likely to obstruct, the operation of the original

facility—the cutting down or lopping of the tree, or the

clearing or removal of the undergrowth or vegetation, as the

case requires.

(4) A reference in this clause to the maintenance of a facility does not

include a reference to the extension of a tower. For this purpose,

tower has the same meaning as in clause 4.

(5) For the purposes of paragraph (3)(d), the following conditions are

specified:

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Clause 7

Telecommunications Act 1997 83

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(a) the levels of noise that are likely to result from the operation

of the replacement facility are less than or equal to the levels

of noise that resulted from the operation of the original

facility;

(b) in a case where the original facility is a tower:

(i) the height of the replacement facility does not exceed

the height of the original facility; and

(ii) the volume of the replacement facility does not exceed

the volume of the original facility;

(i) the volume of the replacement facility does not exceed

the volume of the original facility; or

(ii) the replacement facility is located inside a

fully-enclosed building, the original facility was located

inside the building and the building is not modified

externally as a result of the replacement of the original

facility; or

(iii) the replacement facility is located inside a duct, pit,

hole, tunnel or underground conduit;

(d) such other conditions (if any) as are specified in the

regulations.

(6) For the purposes of paragraph (3)(e), the following conditions are

specified:

(a) the combined levels of noise that are likely to result from the

operation of the additional facility and the original facility are

less than or equal to the levels of noise that resulted from the

operation of the original facility;

(b) either:

(i) the additional facility is located inside a fully-enclosed

building, the original facility is located inside the

building and the building is not modified externally as a

result of the installation of the additional facility; or

(ii) the additional facility is located inside a duct, pit, hole,

tunnel or underground conduit;

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Division 4 Maintenance of facilities

Clause 7

84 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

regulations.

(7) For the purposes of paragraphs (5)(a), (b) and (c) and (6)(a), (b)

and (c), trivial variations are to be disregarded.

(8) For the purposes of subclauses (5) and (6):

(a) the measurement of the height of a tower is not to include

any antenna extending from the top of the tower; and

(b) the volume of a facility is the apparent volume of the

materials that:

(i) constitute the facility; and

(ii) are visible from a point outside the facility; and

be seen from any point outside the structure is to be treated as

if it were a fully-enclosed building.

(9) A reference in this Part to engaging in activities under this Division

includes a reference to exercising powers under this Division.

(10) In this clause (other than subclause (4)):

tower means a tower, pole or mast.

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Conditions relating to the carrying out of authorised activities Division 5

Clause 8

Telecommunications Act 1997 85

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Conditions relating to the carrying out of

authorised activities

8 Carrier to do as little damage as practicable

In engaging in an activity under Division 2, 3 or 4, a carrier must

take all reasonable steps to ensure that the carrier causes as little

detriment and inconvenience, and does as little damage, as is

practicable.

9 Carrier to restore land

(1) If a carrier engages in an activity under Division 2, 3 or 4 in

relation to any land, the carrier must take all reasonable steps to

ensure that the land is restored to a condition that is similar to its

condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the

restoration begins within 10 business days after the completion of

the first-mentioned activity.

(3) The rule in subclause (2) does not apply if the carrier agrees with:

(a) the owner of the land; and

(b) if the land is occupied by a person other than the owner—the

occupier;

to commence restoration at a time after the end of that period of 10

business days.

10 Management of activities

A carrier must, in connection with carrying out an activity covered

by Division 2, 3 or 4, take all reasonable steps:

(a) to act in accordance with good engineering practice; and

(b) to protect the safety of persons and property; and

with:

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Division 5 Conditions relating to the carrying out of authorised activities

Clause 11

86 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the operations of a public utility; and

(ii) public roads and paths; and

(iii) the movement of traffic; and

(iv) the use of land; and

(d) to protect the environment.

11 Agreements with public utilities

(1) A carrier must make reasonable efforts to enter into an agreement

with a public utility that makes provision for the manner in which

the carrier will engage in an activity that is:

(a) covered by Division 2, 3 or 4; and

(b) likely to affect the operations of the utility.

(2) A carrier must comply with an agreement in force under

subclause (1).

12 Compliance with industry standards

If a carrier engages in an activity covered by Division 2, 3 or 4, the

carrier must do so in accordance with any standard that:

(a) relates to the activity; and

(b) is recognised by the ACMA as a standard for use in that

industry; and

carrier complies with the standard.

13 Compliance with international agreements

If a carrier engages in an activity covered by Division 2, 3 or 4, the

carrier must do so in a manner that is consistent with Australia’s

obligations under a listed international agreement that is relevant to

the activity.

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Clause 14

Telecommunications Act 1997 87

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14 Conditions specified in the regulations

If a carrier engages, or proposes to engage, in an activity covered

by Division 2, 3 or 4, the carrier must comply with any conditions

that are specified in the regulations.

15 Conditions specified in a Ministerial Code of Practice

(1) The Minister may, by legislative instrument, make a Code of

Practice setting out conditions that are to be complied with by

carriers in relation to any or all of the activities covered by

Division 2, 3 or 4 (other than activities covered by a facility

installation permit) or by Part 3 of Schedule 3A.

(2) A carrier must comply with the Code of Practice.

(3) The following are examples of conditions that may be set out in the

Code of Practice:

(a) a condition requiring carriers to undertake assessments, or

further assessments, of the environmental impact of the

activity concerned;

(b) a condition requiring carriers to consult a particular person or

body in relation to the activity concerned;

particular person or body in relation to the activity

concerned.

(4) This clause does not, by implication, limit a power conferred by or

under this Act to make an instrument.

(5) This clause does not, by implication, limit the matters that may be

dealt with by codes or standards referred to in Part 6.

(6) Subclauses (4) and (5) do not, by implication, limit

subsection 33(3B) of the Acts Interpretation Act 1901.

16 Conditions to which a facility installation permit is subject

If:

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Part 1 General provisions

Division 5 Conditions relating to the carrying out of authorised activities

Clause 17

88 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a carrier engages, or proposes to engage, in an activity

covered by Division 3; and

(b) that activity is or will be authorised by a facility installation

permit; and

conditions;

the carrier must comply with those conditions.

17 Notice to owner of land—general

(1) Before engaging in an activity under Division 2, 3 or 4 in relation

to any land, a carrier must give written notice of its intention to do

so to:

(a) the owner of the land; and

(b) if the land is occupied by a person other than the owner—the

occupier.

(2) The notice must specify the purpose for which the carrier intends

to engage in the activity.

(3) The notice under subclause (1) must contain a statement to the

effect that, if a person suffers financial loss or damage in relation

to property because of anything done by a carrier in engaging in

the activity, compensation may be payable under clause 42.

(4) The notice must be given at least 10 business days before the

carrier begins to engage in the activity.

(4A) Despite subclause (4), the notice need be given only 2 business

days before the carrier begins to engage in an activity authorised

by Division 2 (which deals with inspection) that:

(a) is not inconsistent with Australia’s obligations under a listed

international agreement; and

(b) could not have an effect described in one or more of

subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this

Schedule; and

landscape; and

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Conditions relating to the carrying out of authorised activities Division 5

Clause 17

Telecommunications Act 1997 89

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) will not have an impact on a place, area or thing described in

paragraph 27(7)(c) or (d) of this Schedule.

(5) A person may waive the person’s right to be given a notice under

subclause (1).

(6) Subclause (1) does not apply if:

(a) the carrier intends to engage in activities under Division 2

(which deals with inspection of land), 3 (which deals with

installation of facilities) or 4 (which deals with maintenance);

and

(b) those activities need to be carried out without delay in order

to protect:

(i) the integrity of a telecommunications network or a

facility; or

(ii) the health or safety of persons; or

(iii) the environment; or

(iv) property; or

(v) the maintenance of an adequate level of service.

(6A) Subclause (1) does not apply if:

(a) the carrier intends to engage in an activity under Division 2,

3 or 4 in relation to the installation, proposed installation or

maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is

impracticable in the circumstances.

(6B) For the purposes of this clause, a temporary defence facility is a

facility of the kind that is mentioned in paragraph 6(1)(c) of this

Schedule.

(7) Subclause (1) does not apply if the carrier intends to engage in an

activity under Division 2 (which deals with inspection) in relation

to land that is a public place and the activity:

(a) is not inconsistent with Australia’s obligations under a listed

international agreement; and

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Division 5 Conditions relating to the carrying out of authorised activities

Clause 18

90 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) could not have an effect described in one or more of

subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this

Schedule; and

landscape; and

(d) will not have an impact on a place, area or thing described in

paragraph 27(7)(c) or (d) of this Schedule.

18 Notice to owner of land—lopping of trees etc.

(1) At least 10 business days before engaging in any of the following

activities under Division 2, 3 or 4:

(a) cutting down or lopping a tree on private land;

(b) clearing or removing undergrowth or vegetation on private

land;

a carrier must give:

(d) if the land is occupied by a person other than the owner—the

occupier;

a written notice requesting that the tree be cut down or lopped, or

that the undergrowth or vegetation be cleared, as the case may be,

in the manner, and within the period, specified in the notice.

(2) The carrier may only engage in those activities if the request is not

complied with.

(3) A person may waive the person’s right to be given a notice under

subclause (1).

(3A) Subclauses (1) and (2) do not apply if:

(a) the carrier intends to engage in an activity under Division 2,

3 or 4 in relation to the installation, proposed installation or

maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is

impracticable in the circumstances.

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Conditions relating to the carrying out of authorised activities Division 5

Clause 19

Telecommunications Act 1997 91

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3B) For the purposes of this clause, a temporary defence facility is a

facility of the kind mentioned in paragraph 6(1)(c) of this

Schedule.

(4) Subclauses (1) and (2) do not apply if:

(a) the carrier intends to engage in activities under Division 2

(which deals with inspection of land), 3 (which deals with

installation of facilities) or 4 (which deals with maintenance);

and

(b) those activities need to be carried out without delay in order

to protect:

(i) the integrity of a telecommunications network or a

facility; or

(ii) the health or safety of persons; or

(iii) the environment; or

(iv) property; or

(v) the maintenance of an adequate level of service.

19 Notice to roads authorities, utilities etc.

(1) At least 10 business days before engaging in any of the following

activities under Division 3 or 4:

(a) closing, diverting or narrowing a road or bridge;

(b) installing a facility on, over or under a road or bridge;

(d) altering the position of an electricity cable or wire;

a carrier must give written notice of its intention to do so to the

person or authority responsible for the care and management of the

road, bridge, main, pipe, cable or wire.

(2) A person or authority may waive the person’s or authority’s right

to be given a notice under subclause (1).

(2A) Subclause (1) does not apply if:

(a) the carrier intends to engage in an activity under Division 2,

3 or 4 in relation to the installation, proposed installation or

maintenance of a temporary defence facility; and

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Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the carrier considers that compliance with subclause (1) is

impracticable in the circumstances.

(2B) For the purposes of this clause, a temporary defence facility is a

facility of the kind mentioned in paragraph 6(1)(c) of this

Schedule.

(3) Subclause (1) does not apply if:

(a) the carrier intends to engage in activities under Division 2

(which deals with inspection of land), 3 (which deals with

installation of facilities) or 4 (which deals with maintenance);

and

(b) those activities need to be carried out without delay in order

to protect:

(i) the integrity of a telecommunications network or a

facility; or

(ii) the health or safety of persons; or

(iii) the environment; or

(iv) property; or

(v) the maintenance of an adequate level of service.

20 Roads etc. to remain open for passage

If a carrier engages in an activity covered by Division 3, the carrier

must ensure that a facility installed over a road, bridge, path or

navigable water is installed in a way that will allow reasonable

passage by persons, vehicles and vessels.

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Clause 21

Telecommunications Act 1997 93

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Facility installation permits

21 Application for facility installation permit

(1) A carrier may apply to the ACMA for a permit authorising the

carrier to carry out the installation of one or more facilities.

(2) The permit is called a facility installation permit.

22 Form of application

An application must be:

(a) in writing; and

(b) in accordance with the form approved in writing by the

ACMA.

23 Application to be accompanied by charge

An application for a facility installation permit must be

accompanied by the charge (if any) fixed by a determination under

section 60 of the Australian Communications and Media Authority

Act 2005 in relation to so much of the ACMA’s expenses in

connection with dealing with the application as do not relate to the

conduct of a public inquiry in relation to the permit.

24 Withdrawal of application

This Division does not prevent the withdrawal of an application

and the submission of a fresh application.

25 Issue of facility installation permit

(1) After considering the application, the ACMA may issue a facility

installation permit authorising the applicant to carry out the

installation of any or all of the facilities specified in the

application.

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(2) The ACMA must not issue a facility installation permit unless the

ACMA has held a public inquiry in relation to the permit.

(3) The ACMA may decide to refuse to issue a facility installation

permit without holding a public inquiry in relation to the permit.

Note: An example of the operation of this subclause would be a case where

the application does not disclose grounds on which the ACMA could

issue the permit.

(4) If the ACMA decides to refuse to issue a facility installation

permit, it must give the applicant a written notice setting out the

decision.

(5) Clause 23 does not prevent a charge from being fixed by a

determination under section 60 of the Australian Communications

and Media Authority Act 2005 in relation to the holding of a public

inquiry in relation to a permit.

26 Deemed refusal of facility installation permit

(1) If:

(a) the ACMA receives an application for a facility installation

permit; and

(b) 10 business days pass and the ACMA has neither:

(i) notified the applicant in writing that the ACMA has

decided to refuse to issue the permit; nor

(ii) notified the applicant in writing that the ACMA has

decided to hold a public inquiry in relation to the

permit;

the ACMA is taken, at the end of that period of 10 business days,

to have decided to refuse to issue the permit.

(2) If:

(a) the ACMA receives an application for a facility installation

permit; and

(b) 65 business days pass and the ACMA has neither:

(i) notified the applicant in writing that the ACMA has

decided to refuse to issue the permit; nor

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(ii) notified the applicant in writing that the ACMA has

decided to issue the permit;

the ACMA is taken, at the end of that period of 65 business days,

to have decided to refuse to issue the permit.

(3) The ACMA may, by written instrument, determine that

subclause (2) has effect, in relation to a specified application for a

facility installation permit, as if a reference in that subclause to 65

business days were a reference to such greater number of business

days, not exceeding 85 business days, as is specified in the

determination. The determination has effect accordingly.

(4) In determining the validity of any action taken by the ACMA

under Part 25 in relation to the holding of a public inquiry in

relation to in a permit, regard must be had to the ACMA’s need to

act with sufficient speed to meet the time limit imposed by

subclause (2).

27 Criteria for issue of facility installation permit

Criteria

(1) The ACMA must not issue a facility installation permit that

authorises a carrier to carry out the installation of one or more

facilities unless the ACMA is satisfied that:

(a) the telecommunications network to which the facilities relate

is, or is likely to be, of national significance; and

(b) the facilities are, or are likely to be, an important part of the

telecommunications network to which the facilities relate;

and

(i) the greater part of the infrastructure of the

telecommunications network to which the facilities

relate has already been installed;

(ii) the greater part of the infrastructure of the

telecommunications network to which the facilities

relate has not been installed but each administrative

authority whose approval was required or would, apart

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from Division 3, be required, for the installation of the

greater part of the infrastructure of the network has

given, or is reasonably likely to give, such approval;

(iii) no part of the infrastructure of the telecommunications

network to which the facilities relate has been installed,

but each administrative authority whose approval was

required or would, apart from Division 3, be required,

for the installation of the greater part of the

infrastructure of the network has given, or is reasonably

likely to give, such an approval; and

(d) the advantages that are likely to be derived from the

operation of the facilities in the context of the

telecommunications network to which the facilities relate

outweigh any form of degradation of the environment that is

likely to result from the installation of the facilities; and

(e) in a case where none of the facilities consists of a designated

overhead line—the conditions set out in subclause (2) are

satisfied; and

(f) in a case where any of the facilities consists of a designated

overhead line—all the conditions set out in subclause (2A)

are satisfied; and

(g) where the facility is proposed to be located near a community

sensitive site, including residential areas, childcare centres,

schools, aged care centres, hospitals, playgrounds and

regional icons:

(i) the community has been fully consulted, and wherever

possible, has agreed to the facility; and

(ii) alternative less sensitive sites have been considered; and

(iv) efforts have been made to minimise electromagnetic

radiation exposure to the public.

Conditions relating to facilities other than designated overhead

lines

(2) For the purposes of paragraph (1)(e), the following conditions are

specified:

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(a) the carrier has made reasonable efforts to negotiate in good

faith with:

(i) each proprietor whose approval is required, or would,

apart from Division 3, be required, for carrying out the

installation; and

(ii) each administrative authority whose approval is

required, or would, apart from Division 3, be required,

for carrying out the installation; and

(b) one of the following subparagraphs applies:

(i) at least one approval that is referred to in

subparagraph (a)(i) has not been obtained within 20

business days after the beginning of the negotiations

concerned;

(ii) at least one approval that is referred to in

subparagraph (a)(ii) has not been obtained within 6

months after the beginning of the negotiations

concerned;

(iii) at least one approval that is referred to in paragraph (a)

has been refused.

Conditions relating to facilities consisting of designated overhead

lines

(2A) For the purposes of paragraph (1)(f), the following conditions are

specified:

(a) the carrier has made reasonable efforts to negotiate in good

faith with each proprietor whose approval is required, or

would, apart from Division 3, be required, for carrying out

the installation; and

(b) at least one of those approvals has not been obtained within

20 business days after the beginning of the negotiations

concerned; and

would, apart from Division 3, be required, for the installation

of the line has given such an approval.

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Clause 27

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Networks of national significance

(3) In determining the matter set out in paragraph (1)(a), the ACMA

must have regard to the following:

(a) the geographical reach of the network;

(b) the number of customers connected, or likely to be

connected, to the network;

(d) such other matters (if any) as the ACMA considers relevant.

When facilities are an important part of a network

(4) In determining the matter set out in paragraph (1)(b), the ACMA

must have regard to at least one of the following:

(a) the technical importance of the facilities in the context of the

telecommunications network to which the facilities relate;

(b) the economic importance of the facilities in the context of the

telecommunications network to which the facilities relate;

telecommunications network to which the facilities relate.

When advantages of facilities outweigh degradation of the

environment

(5) In determining the matter set out in paragraph (1)(d), the ACMA

must have regard to the following:

(a) the extent to which the installation of the facilities is likely to

promote the long-term interests of end-users of carriage

services or of services supplied by means of carriage

services;

(b) the impact of the installation, maintenance or operation of the

facilities on the environment;

modern and cost-effective carriage services to the public;

(d) any relevant technical and/or economic aspects of the

installation, maintenance or operation of the facilities in the

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context of the telecommunications network to which the

facilities relate;

(e) whether the installation of the facilities contributes to:

(i) the fulfilment by the applicant of the universal service

obligation; or

(ii) the compliance by the applicant with the obligations

under a contract entered into under section 14 of the

Telecommunications (Consumer Protection and Service

Standards) Act 1999 for a purpose relating to the

achievement of a policy objective set out in

paragraph 13(1)(a) or (b) of that Act; or

(iii) the compliance by the applicant with the terms and

conditions of a grant made under section 14 of the

Telecommunications (Consumer Protection and Service

Standards) Act 1999 for a purpose relating to the

achievement of a policy objective set out in

paragraph 13(1)(a) or (b) of that Act;

(f) whether the installation of the facilities involves co-location

with one or more other facilities;

(g) whether the installation of the facilities facilitates

co-location, or future co-location, with one or more other

facilities;

(h) such other matters (if any) as the ACMA considers relevant.

Long-term interests of end-users

(6) For the purposes of this clause, the question whether a particular

thing promotes the long-term interests of end-users of carriage

services or of services supplied by means of carriage services is to

be determined in the same manner as that question is determined

for the purposes of Part XIC of the Competition and Consumer Act

2010.

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Clause 27

100 Telecommunications Act 1997

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Environmental impact

(7) In determining the matter set out in paragraph (5)(b), the ACMA

must have regard to the following:

(a) whether the installation, maintenance or operation of the

facilities:

(i) is inconsistent with Australia’s obligations under a

listed international agreement; or

(ii) could threaten with extinction, or significantly impede

the recovery of, a threatened species; or

(iii) could put a species of flora or fauna at risk of becoming

a threatened species; or

(iv) could have an adverse effect on a threatened species of

flora or fauna; or

(v) could damage the whole or a part of a habitat of a

threatened species of flora or fauna; or

(vi) could damage the whole or a part of a place, or an

ecological community, that is essential to the continuing

existence of a threatened species of flora or fauna; or

(vii) could threaten with extinction, or significantly impede

the recovery of, a threatened ecological community; or

(viii) could have an adverse effect on a threatened ecological

community; or

(ix) could damage the whole or a part of the habitat of a

threatened ecological community; or

(x) could have an adverse effect on a listed migratory

species (as defined in the Environment Protection and

Biodiversity Conservation Act 1999); or

(xi) will have or is likely to have a significant impact on the

environment in a Commonwealth marine area (as

defined in the Environment Protection and Biodiversity

Conservation Act 1999); or

(xii) will have or is likely to have a significant impact on the

environment on Commonwealth land (as defined in the

Environment Protection and Biodiversity Conservation

Act 1999);

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(b) the visual effect of the facilities on streetscapes and other

landscapes;

following places:

(i) a declared World Heritage property (as defined in the

Environment Protection and Biodiversity Conservation

Act 1999);

(ia) a declared Ramsar wetland (as defined in the

Environment Protection and Biodiversity Conservation

Act 1999);

(ii) a place that Australia is required to protect by the terms

of a listed international agreement;

(iii) an area that, under a law of the Commonwealth, a State

or a Territory, is reserved wholly or principally for

nature conservation purposes (however described);

(iv) an area that, under a law of the Commonwealth, a State

or a Territory, is protected from significant

environmental disturbance;

(d) whether the facilities are to be installed at or near an area or

thing that is:

(i) included in the National Heritage List or

Commonwealth Heritage List, within the meaning of the

Environment Protection and Biodiversity Conservation

Act 1999; or

(iii) registered under a law of a State or Territory relating to

heritage conservation; or

(iv) of particular significance to Aboriginal persons, or

Torres Strait Islanders, in accordance with their

traditions;

(e) such other matters (if any) as the ACMA considers relevant.

Deemed approvals by administrative authorities

(8) The ACMA may, by written instrument, determine that this clause

has the effect it would have if it were assumed that a specified

administrative authority had given a specified approval for the

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Clause 28

102 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

installation of one or more specified facilities. The determination

has effect accordingly.

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

Definitions

(9) In this clause:

administrative authority means:

(a) the holder of an office; or

(b) an authority of a State or a Territory; or

performing administrative functions under a law of a State or a

Territory.

approval means an approval or permission (however described).

negotiations includes:

(a) the submission of an application for approval; and

(b) pursuing an application for approval.

proprietor means an owner or occupier of land.

review, in relation to a refusal to give an approval, means a review

on the merits (in other words, a review that is not based on the

grounds that the refusal is contrary to law).

telecommunications network includes a proposed

telecommunications network.

28 Special provisions relating to environmental matters

(1) Chapters 2 and 4 and Divisions 1 to 4 (inclusive) of Part 13 of the

Environment Protection and Biodiversity Conservation Act 1999

do not apply to:

(a) the performance of a function, or the exercise of a power,

conferred on the ACMA by this Division; or

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(b) an action (as defined in that Act) authorised by a facility

installation permit.

(2) Before issuing a facility installation permit, the ACMA must

consult the Environment Secretary.

(5) In this clause:

this Division includes:

(a) Part 25, to the extent that that Part relates to the holding of a

public inquiry in relation to a permit; and

(b) Part 29, to the extent that that Part relates to this Division.

29 Consultation with the ACCC

Before making a decision to issue, or to refuse to issue, a facility

installation permit, the ACMA must consult the ACCC.

30 Facility installation permit has effect subject to this Act

(1) A facility installation permit has effect subject to this Act.

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

31 Duration of facility installation permit

(1) A facility installation permit comes into force when it is issued and

remains in force until the end of the period specified in the permit.

(2) However, the ACMA may, by written notice given to the holder of

a facility installation permit, extend the period specified in the

permit if the ACMA is satisfied that the extension is warranted

because of special circumstances.

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104 Telecommunications Act 1997

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32 Conditions of facility installation permit

(1) A facility installation permit is subject to such conditions as are

specified in the permit.

(2) A condition of a facility installation permit may restrict, limit or

prevent the carrying out of, an activity under Division 3. This

subclause does not, by implication, limit subclause (1).

(3) The following are examples of conditions to which a facility

installation permit may be subject:

(a) a condition requiring the holder to undertake an assessment,

or a further assessment, of the environmental impact of the

installation of the facility concerned;

(b) a condition requiring the holder to consult a particular person

or body in relation to the installation of the facility

concerned;

particular person or body in relation to the installation of the

facility concerned.

33 Surrender of facility installation permit

The holder of a facility installation permit may, at any time,

surrender the permit by written notice given to the ACMA.

34 Cancellation of facility installation permit

(1) The ACMA may, by written notice given to the holder of a facility

installation permit, cancel the permit.

(2) In deciding whether to cancel the permit, the ACMA may have

regard to:

(a) any contravention of Division 5; and

(b) any matter which the ACMA was entitled to have regard in

deciding whether to issue a permit.

(3) Subclause (2) does not, by implication, limit the matters to which

the ACMA may have regard.

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35 Review of decisions by Administrative Appeals Tribunal

(1) Applications may be made to the Administrative Appeals Tribunal

for review of a decision of the ACMA under clause 25 or 26 to

refuse to issue a facility installation permit if the ACMA has not

held a public inquiry in relation to the permit.

(2) If the ACMA:

(a) makes a decision of a kind covered by subclause (1); and

(b) gives to the person or persons whose interests are affected by

the decision written notice of the making of the decision;

that notice is to include a statement to the effect that, subject to the

Administrative Appeals Tribunal Act 1975, application may be

made to the Administrative Appeals Tribunal for review of the

decision.

(3) A failure to comply with subclause (2) does not affect the validity

of a decision.

(4) In this clause:

decision has the same meaning as in the Administrative Appeals

Tribunal Act 1975.

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Division 7 Exemptions from State and Territory laws

Clause 36

106 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 7—Exemptions from State and Territory laws

36 Activities not generally exempt from State and Territory laws

(1) Divisions 2, 3 and 4 do not operate so as to authorise an activity to

the extent that the carrying out of the activity would be inconsistent

with the provisions of a law of a State or Territory.

(2) The rule set out in subclause (1) has effect subject to any

exemptions that are applicable under clause 37.

37 Exemption from State and Territory laws

(1) This clause applies to an activity carried on by a carrier if the

activity is authorised by Division 2, 3 or 4.

(2) The carrier may engage in the activity despite a law of a State or

Territory about:

(a) the assessment of the environmental effects of engaging in

the activity; or

(b) the protection of places or items of significance to Australia’s

natural or cultural heritage; or

(d) the planning, design, siting, construction, alteration or

removal of a structure; or

(e) the powers and functions of a local government body; or

(f) the use of land; or

(g) tenancy; or

(h) the supply of fuel or power, including the supply and

distribution of extra-low voltage power systems; or

(i) a matter specified in the regulations.

(3) Paragraph (2)(b) does not apply to a law in so far as the law

provides for the protection of places or items of significance to the

cultural heritage of Aboriginal persons or Torres Strait Islanders.

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Clause 38

Telecommunications Act 1997 107

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(4) Paragraph (2)(h) does not apply to a law in so far as the law deals

with the supply of electricity at a voltage that exceeds that used for

ordinary commercial or domestic requirements.

38 Concurrent operation of State and Territory laws

It is the intention of the Parliament that, if clause 37 entitles a

carrier to engage in activities despite particular laws of a State or

Territory, nothing in this Division is to affect the operation of any

other law of a State or Territory, so far as that other law is capable

of operating concurrently with this Act.

39 Liability to taxation not affected

This Division does not affect the liability of a carrier to taxation

under a law of a State or Territory.

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Division 8 Miscellaneous

Clause 41

108 Telecommunications Act 1997

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Division 8—Miscellaneous

41 Guidelines

(1) In performing a function, or exercising a power, conferred on the

ACMA by this Part, the ACMA must have regard to:

(a) any guidelines in force under subclause (2); and

(b) such other matters as the ACMA considers relevant.

(2) The ACMA may, by written instrument, formulate guidelines for

the purposes of subclause (1).

42 Compensation

(1) If a person suffers financial loss or damage because of anything

done by a carrier under Division 2, 3 or 4 in relation to:

(a) any property owned by the person; or

(b) any property in which the person has an interest;

there is payable to the person by the carrier such reasonable

amount of compensation:

(d) failing agreement—as is determined by a court of competent

jurisdiction.

(2) Compensation payable under subclause (1) includes, without

limitation, compensation in relation to:

(a) damage of a temporary character as well as of a permanent

character; and

(b) the taking of sand, soil, stone, gravel, timber, water and other

things.

(3) In this clause:

court of competent jurisdiction, in relation to property, means:

(a) the Federal Court; or

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(b) the Supreme Court of the State or Territory in which the

property is situated or was situated at the time of the relevant

loss or damage; or

(i) for the recovery of debts up to an amount not less than

the amount of compensation claimed by the person; and

(ii) in relation to the locality in which the property, or part

of the property, is situated or was situated at the time of

the relevant loss or damage.

inferior court means:

(a) a County Court, District Court or local Court of a State or

Territory; or

(b) a court of summary jurisdiction exercising civil jurisdiction.

43 Power extends to carrier’s employees etc.

If, under a provision of Division 2, 3 or 4, a carrier is empowered

to:

(a) enter on land; or

(b) inspect land; or

(d) do anything else on, over or under land;

the provision also empowers:

(e) an employee of the carrier; or

(f) a person acting for the carrier under a contract; or

(g) an employee of a person referred to in paragraph (f);

to do that thing.

44 State and Territory laws that discriminate against carriers and

users of carriage services

(1) The following provisions have effect:

(a) a law of a State or Territory has no effect to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

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Clause 44

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particular carrier, against a particular class of carriers, or

against carriers generally;

(b) without limiting paragraph (a), a person is not entitled to a

right, privilege, immunity or benefit, and must not exercise a

power, under a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular carrier, against a particular class of carriers, or

against carriers generally;

comply with a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular carrier, against a particular class of carriers, or

against carriers generally.

(2) The following provisions have effect:

(a) a law of a State or Territory has no effect to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular eligible user, against a particular class of eligible

users, or against eligible users generally;

(b) without limiting paragraph (a), a person is not entitled to a

right, privilege, immunity or benefit, and must not exercise a

power, under a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular eligible user, against a particular class of eligible

users, or against eligible users generally;

comply with a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular eligible user, against a particular class of eligible

users, or against eligible users generally.

(3) For the purposes of this clause, if a carriage service is, or is

proposed to be, supplied to a person by means of a controlled

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network, or a controlled facility, of a carrier, the person is an

eligible user.

(4) The Minister may, by legislative instrument, exempt a specified

law of a State or Territory from subclause (1).

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(5) The Minister may, by legislative instrument, exempt a specified

law of a State or Territory from subclause (2).

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) An exemption under subclause (4) or (5) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

Note: The following are examples of a law of a State or Territory:

(a) a provision of a State or Territory Act;

(b) a provision of a legislative instrument made under a State or Territory Act.

45 State and Territory laws may confer powers and immunities on

carriers

It is the intention of the Parliament that this Part is not to be

construed as preventing a law of a State or Territory from

conferring powers or immunities on carriers, so long as that law is

capable of operating concurrently with this Act.

46 ACMA may limit tort liability in relation to the supply of certain

carriage services

(1) The ACMA may, by legislative instrument, impose limits on

amounts recoverable in tort in relation to acts done, or omissions

made, in relation to the supply of specified carriage services.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) An instrument under subclause (1) has effect accordingly.

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(3) A limit imposed by an instrument under subclause (1) may be

expressed to apply in relation to:

(a) the total of the amounts that can be recovered in relation to a

single event; or

(b) the total of the amounts that can be recovered by a particular

plaintiff in relation to a single event.

(4) An instrument under subclause (1) may impose a limit expressed

as:

(a) a dollar amount; or

(b) a method of calculating an amount.

(5) Subclauses (3) and (4) do not, by implication, limit subclause (1).

(6) This clause does not apply to a cause of action under Part 5 of the

Telecommunications (Consumer Protection and Service Standards)

Act 1999 (which deals with the customer service guarantee).

(7) This clause does not apply to a cause of action under clause 42

(which deals with compensation for loss or damage resulting from

a carrier’s activities under Division 2, 3 or 4).

47 Ownership of facilities

Unless the circumstances indicate otherwise, a facility, or a part of

a facility, that is supplied, installed, maintained or operated by a

carrier remains the property of its owner:

(a) in any case—whether or not it has become (either in whole or

in part), a fixture; and

(b) in the case of a network unit—whether or not a nominated

carrier declaration is in force in relation to the network unit.

48 ACMA may inform the public about designated overhead lines,

telecommunications transmission towers and

underground facilities

(1) The ACMA may inform members of the public about the kinds and

location of:

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(a) designated overhead lines; and

(b) telecommunications transmission towers; and

(2) In performing the function conferred on the ACMA by

subclause (1), the ACMA must have regard to the following

matters:

(a) if:

(i) the ACMA is satisfied that a body or association

represents carriers; and

(ii) the body or association has given the ACMA a written

statement setting out the body’s or association’s views

about how the ACMA should perform that function;

the views set out in the statement;

(b) the legitimate business interests of carriers;

(d) the privacy of end-users of carriage services supplied by

means of the lines, towers or facilities concerned.

(3) Subclause (2) does not, by implication, limit the matters to which

the ACMA may have regard.

(4) Clauses 40 and 41 do not apply to the function conferred on the

ACMA by subclause (1).

(5) In this clause:

telecommunications transmission tower means:

(a) a tower; or

(b) a pole; or

(d) a similar structure;

used to supply a carriage service by means of

radiocommunications.

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50 Monitoring of progress in relation to placing facilities

underground

The ACMA is to monitor, and report to the Minister on, progress in

relation to the implementation of efforts to place facilities

underground.

51 Removal of certain overhead lines

(1) If:

(a) an overhead line (the eligible overhead line) is attached to a

pole (the first pole); and

(b) the eligible overhead line, or a portion of the eligible

overhead line, is suspended between the first pole and

another pole (the second pole); and

authorised by:

(i) this Act; or

(ii) section 116 of the Telecommunications Act 1991; or

(iii) Division 3 of Part 7 of the Telecommunications Act

1991; or

(iv) a repealed law of the Commonwealth; and

(d) there is also attached to the first pole one or more other

overhead cables, where at least one of the other overhead

cables is a non-communications cable; and

(e) each of the non-communications cables is permanently

removed (either simultaneously or over a period) and is not

replaced;

the owner of the eligible overhead line must, within 6 months after

the completion of the last of the removals referred to in

paragraph (e), permanently remove so much of the eligible

overhead line as is suspended between the first pole and the second

pole.

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(2) If:

(a) there is a local government body for the area in which the

first pole is situated; and

(b) there is no prescribed administrative authority for the State or

Territory in which the first pole is situated;

the local government body may, by writing:

compliance with subclause (1) in relation to the first pole; or

(d) extend the period of 6 months mentioned in subclause (1) for

the purposes of the application of subclause (1) to the owner

of the eligible overhead line and to the first pole.

(3) If there is a prescribed administrative authority for the State or

Territory in which the first pole is situated, the prescribed

administrative authority may, by writing:

(a) exempt the owner of the eligible overhead line from

compliance with subclause (1) in relation to the first pole; or

(b) extend the period of 6 months mentioned in subclause (1) for

the purposes of the application of subclause (1) to the owner

of the eligible overhead line and to the first pole.

(4) If:

(a) there is no local government body for the area in which the

first pole is situated; and

(b) there is no prescribed administrative authority for the State or

Territory in which the first pole is situated;

the regulations may make provision for and in relation to:

compliance with subclause (1) in relation to the first pole;

and

(d) the extension of the period of 6 months mentioned in

subclause (1) for the purposes of the application of

subclause (1) to the owner of the eligible overhead line and

to the first pole.

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(5) Regulations made for the purposes of subclause (4) may make

provision with respect to a matter by conferring a power on the

ACMA.

(6) This clause does not prevent 2 or more instruments under

subclause (2) or (3) from being combined in the same document.

(7) In this clause:

administrative authority means:

(a) the holder of an office; or

(b) an authority of a State or a Territory;

that performs administrative functions under a law of a State or a

Territory.

line includes a disused line.

non-communications cable means an overhead cable (other than a

line).

overhead cable means a wire or cable that is suspended above the

surface of:

(a) land (other than submerged land); or

(b) a river, lake, tidal inlet, bay, estuary, harbour or other body of

water.

overhead line means a line that is suspended above the surface of:

(a) land (other than submerged land); or

(b) a river, lake, tidal inlet, bay, estuary, harbour or other body of

water.

prescribed administrative authority, in relation to a State or a

Territory, means an administrative authority that:

(a) performs administrative functions under a law of the State or

the Territory; and

(b) is specified in the regulations.

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52 Commonwealth laws not displaced

Divisions 2, 3 and 4 do not authorise a carrier to engage in an

activity contrary to the requirements of another law of the

Commonwealth.

53 Subdivider to pay for necessary alterations

If:

(a) it becomes necessary, in the opinion of a carrier, because of

the subdivision of any land, to remove, or alter the position

of, a facility on, over or under the land; and

(b) the carrier incurs costs in connection with anything

reasonably done in connection with the removal or alteration;

the person who subdivided the land is liable to pay to the carrier so

much of those costs as is reasonable, and that amount may be

recovered in a court of competent jurisdiction as a debt due to the

carrier.

54 Service of notices

(1) If:

(a) a carrier is unable, after diligent inquiry, to find out who

owns particular land; or

(b) a carrier is unable to serve a notice under this Part on the

owner of land either personally or by post;

the carrier may serve a notice under this Part on the owner of the

land by publishing a copy of the notice in a newspaper circulating

in a district in which the land is situated and:

occupier; or

(d) if the land is not occupied—attaching, if practicable, a copy

of the notice to a conspicuous part of the land.

(2) If a carrier is unable, after diligent inquiry, to find out:

(a) whether particular land is occupied; or

(b) who occupies particular land;

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the carrier may treat the land as unoccupied land.

(3) If a carrier is unable to serve a notice under this Part on the

occupier of land either personally or by post, the carrier may serve

a notice under this Part on the occupier by:

(a) publishing a copy of the notice in a newspaper circulating in

a district in which the land is situated; and

(b) attaching, if practicable, a copy of the notice to a conspicuous

part of the land.

(4) This clause does not affect the operation of any other law of the

Commonwealth, or of any law of a State or Territory, that

authorises the service of a document otherwise than as provided in

this clause.

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Clause 60

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Part 2—Transitional provisions

60 Existing buildings, structures and facilities—application of State

and Territory laws

A law of a State or Territory that relates to:

(a) the standards applicable to:

(i) the design; or

(ii) the manner of the construction;

of a building, structure or facility; or

(b) the approval of the construction of a building, structure or

facility; or

(d) the alteration or demolition of a building, structure or facility;

does not apply to a building, structure or facility that is owned or

operated by a carrier to the extent that the construction, alteration

or demolition of the building, structure or facility was or is

authorised by:

(e) section 116 of the Telecommunications Act 1991; or

(f) Division 3 of Part 7 of the Telecommunications Act 1991; or

(g) a repealed law of the Commonwealth.

61 Existing buildings, structures and facilities—application of the

common law

A rule of the common law that relates to trespass does not apply to

the continued existence of a building, structure or facility that is

owned or operated by a carrier to the extent that the construction or

alteration of the building, structure or facility was or is authorised

by:

(a) section 116 of the Telecommunications Act 1991; or

(b) Division 3 of Part 7 of the Telecommunications Act 1991; or

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Part 3 Compensation for acquisition of property

Clause 62

120 Telecommunications Act 1997

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Part 3—Compensation for acquisition of property

62 Compensation for acquisition of property

(1) If:

(a) either of the following would result in an acquisition of

property from a person:

(i) anything done by a carrier under, or because of, this

Schedule;

(ii) the existence of rights conferred on a carrier under, or

because of, this Schedule in relation to a building,

structure or facility owned or operated by the carrier;

and

(b) the acquisition of property would not be valid, apart from this

clause, because a particular person had not been

compensated;

the carrier must pay that person:

person and the carrier; or

(d) failing agreement—a reasonable amount of compensation

determined by a court of competent jurisdiction.

(2) In assessing compensation payable under this clause arising out of

an event, the following must be taken into account:

(a) any compensation obtained by the person as a result of an

agreement between the person and the carrier otherwise than

under this clause but arising out of the same event;

(b) any damages or compensation recovered by the person from

the carrier, or other remedy given, in a proceeding begun

otherwise than under this clause but arising out of the same

event.

(3) This clause does not limit the operation of clause 42.

(4) In this clause:

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acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

63 Application of this Part

This Part applies in relation to:

(a) anything done by a carrier under, or because of, this Schedule

after the commencement of Schedule 2 to the

Telecommunications and Other Legislation Amendment

(Protection of Submarine Cables and Other Measures) Act

2005; and

(b) the existence of rights:

(i) in relation to a building, structure or facility owned or

operated by a carrier; and

(ii) that are conferred on a carrier under, or because of, this

Schedule on or after the commencement of Schedule 2

to the Telecommunications and Other Legislation

Amendment (Protection of Submarine Cables and Other

Measures) Act 2005.

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Part 1 Preliminary

Clause 1

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Schedule 3A—Protection of submarine cables Note: See section 484A.

Part 1—Preliminary

1 Simplified outline

The following is a simplified outline of this Schedule:

• This Schedule regulates the installation of certain submarine

cables that are connected to places in Australia.

• The ACMA may declare protection zones in relation to

submarine cables. In a protection zone, certain activities are

prohibited and restrictions may be imposed on other activities.

• Carriers who intend to install certain submarine cables in

certain Australian waters must apply for a permit to do so

from the ACMA.

2 Definitions

(1) In this Schedule, unless the contrary intention appears:

Aboriginal person means a person of the Aboriginal race of

Australia.

advisory committee means an advisory committee established by

section 58 of the Australian Communications and Media Authority

Act 2005.

Attorney-General’s Department means the Department

administered by the Attorney-General.

Australia, when used in a geographical sense, includes all of the

external Territories.

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Note: Australia has a different meaning in this Schedule from the meaning it

has elsewhere in this Act.

Australian national means:

(a) an Australian citizen; or

(b) a body corporate established by, or under, a law of:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(d) a State; or

(e) a Territory.

Australian ship means a ship other than a foreign ship.

Australian waters means:

(a) the waters of the territorial sea of Australia; and

(b) the waters of the exclusive economic zone of Australia; and

that is beyond the limits of the exclusive economic zone.

Note: Australia, when used in this definition, includes all of the external

territories.

business day means a day on which the ACMA is open for

business in both:

(a) Victoria; and

(b) the Australian Capital Territory.

cetacean has the same meaning as in the Environment Protection

and Biodiversity Conservation Act 1999.

coastal waters:

(a) of a State, means that part of the sea that is included in the

coastal waters of the State within the meaning of the Coastal

Waters (State Powers) Act 1980; and

(b) of the Northern Territory, means that part of the sea that is

included in the coastal waters of the Territory within the

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meaning of the Coastal Waters (Northern Territory Powers)

Act 1980.

Commonwealth marine area has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

Commonwealth regulatory approval, in relation to the installation

of a submarine cable or cables, means an approval (however

described) that:

(a) relates to the installation of the cable or cables; and

(b) is required under:

(i) the Environment Protection and Biodiversity

Conservation Act 1999; or

(ii) any other law of the Commonwealth (other than this

Schedule).

conduct means an act, an omission to perform an act or a state of

affairs.

declared Ramsar wetland has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

declared World Heritage property has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

domestic submarine cable means that part of a line link (within the

meaning of section 30):

(a) that is laid on or beneath the seabed that lies beneath

Australian waters; and

(b) that is laid for purposes that include connecting a place in

Australia with another place in Australia (whether or not the

cable is laid via a place outside Australia); and

and includes any device attached to that part of the line link, if the

device is used in or in connection with the line link, but does not

include an international submarine cable.

Note 1: Any part of a line link that is laid elsewhere than on or beneath the

Australian seabed, and any device attached to such part of a line link,

is not a domestic submarine cable for the purposes of this Schedule.

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Note 2: See also subclause (3).

ecological character has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

ecological community has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

engage in conduct means to do an act or omit to do an act.

environment has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

Environment Secretary means the Secretary of the Department

administered by the Minister who is for the time being responsible

for administering the Environment Protection and Biodiversity

Conservation Act 1999.

foreign national means a person who is not an Australian national.

foreign ship has the same meaning as in the Customs Act 1901.

installation, in relation to a submarine cable, includes:

(a) the laying of the cable on or beneath the seabed; and

(b) the attachment of the cable to any other cable or thing; and

the cable (for this purpose, installation includes an activity

covered by paragraph (a) or (b)).

international agreement means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign

country;

and includes, for example, an agreement, arrangement or

understanding between a Minister and an official or authority of a

foreign country.

international submarine cable means that part of a line link

(within the meaning of section 30):

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(a) that is laid on or beneath the seabed that lies beneath

Australian waters; and

(b) that is laid for purposes that include connecting a place in

Australia with a place outside Australia (whether or not the

cable is laid via another place in Australia); and

and includes any device attached to that part of the line link, if the

device is used in or in connection with the line link.

Note 1: Any part of a line link that is laid elsewhere than on or beneath the

Australian seabed, and any device attached to such part of a line link,

is not an international submarine cable for the purposes of this

Schedule.

Note 2: See also subclause (4).

listed international agreement means any of the following:

(a) an agreement that is a listed international agreement for the

purposes of Schedule 3;

(b) an international agreement specified in regulations made for

the purposes of this definition.

listed marine species has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

listed migratory species has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

listed threatened species has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

National Heritage List has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

National Heritage value has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

non-protection zone installation permit means a permit under

Division 3 of Part 3 of this Schedule.

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protection zone means a protection zone declared by the ACMA

under clause 4.

protection zone installation permit means a permit under

Division 2 of Part 3 of this Schedule.

security has the same meaning as in the Australian Security

Intelligence Organisation Act 1979.

ship means any kind of vessel used in navigation by water,

however propelled or moved.

submarine cable means:

(a) a domestic submarine cable; or

(b) an international submarine cable.

Note: See also subclause (5).

threatened ecological community means an ecological community

that is included in the list of threatened ecological communities

kept under Division 1 of Part 13 of the Environment Protection

and Biodiversity Conservation Act 1999.

threatened species means a species that is included in one of the

following categories of the list of threatened species kept under

Division 1 of Part 13 of the Environment Protection and

Biodiversity Conservation Act 1999:

(a) extinct in the wild;

(b) critically endangered;

(d) vulnerable.

Torres Strait Islander means a descendant of an indigenous

inhabitant of the Torres Strait Islands.

world heritage values has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

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(2) A reference in this Schedule to the location of a submarine cable

includes, in relation to a submarine cable that is not yet installed, a

reference to the proposed location of the submarine cable.

(3) A reference in this Schedule to a domestic submarine cable

includes a reference to a part of a domestic submarine cable.

(4) A reference in this Schedule to an international submarine cable

includes a reference to a part of an international submarine cable.

(5) A reference in this Schedule to a submarine cable includes a

reference to a part of a submarine cable.

2A Extension to offshore areas

Section 11 has effect, in relation to this Schedule, as if the

reference in paragraph (1)(b) of that section to each of the eligible

Territories were a reference to each of the external Territories.

2B Submarine cable installed in a protection zone

For the purposes of this Schedule, in determining whether a

submarine cable is in, or is installed in, a protection zone, it is

immaterial whether the cable is the cable, or any of the cables, in

relation to which the protection zone was declared.

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Protection zones Part 2

Simplified outline Division 1

Clause 3

Telecommunications Act 1997 129

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Part 2—Protection zones

Division 1—Simplified outline

3 Simplified outline

The following is a simplified outline of this Part:

• The ACMA may declare a protection zone in relation to a

submarine cable installed in Australian waters.

• The ACMA must consult with an advisory committee, with

the Environment Secretary and with the public before it

declares a protection zone.

• Certain activities are prohibited in the zone and restrictions

may be imposed on other activities in the zone.

• It is an offence for a person to damage a submarine cable in a

protection zone, to engage in an activity that is prohibited in a

protection zone, or to contravene any restrictions imposed on

an activity in a protection zone.

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Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 4

130 Telecommunications Act 1997

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Division 2—Declaration of protection zones

Subdivision A—Declarations

4 ACMA may declare a protection zone

(1) The ACMA may, by legislative instrument, declare a protection

zone in relation to one or more submarine cables, or one or more

submarine cables that are proposed to be installed, in Australian

waters.

(1A) The ACMA must not declare a protection zone in relation to one or

more domestic submarine cables, or one or more domestic

submarine cables that are proposed to be installed, unless:

(a) the cable or cables are specified in the regulations; or

(b) the route or routes of the proposed cable or cables are

specified in the regulations.

(2) Before the ACMA declares a protection zone, the ACMA must

comply with Subdivision B.

Note: Subdivision B requires the ACMA to develop a proposal for the

protection zone and to consult about the proposal, and to satisfy other

prerequisites.

5 Declaration on ACMA’s initiative or in response to request

A declaration of a protection zone may be made:

(a) on the ACMA’s own initiative; or

(b) at the request of a person.

6 Response to a request to declare a protection zone

ACMA decides to develop a proposal

(1) If:

(a) a person requests the ACMA to declare a protection zone;

and

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Clause 7

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(b) the ACMA decides to develop a proposal for a protection

zone in response to the request;

the ACMA must give the person a copy of its proposal.

ACMA decides not to develop a proposal

(2) If:

(a) a person requests the ACMA to declare a protection zone;

and

(b) the ACMA decides not to develop a proposal for a protection

zone in response to the request;

the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

7 Decision not to declare a requested protection zone or to declare a

different protection zone

No declaration

(1) If:

(a) a person requests the ACMA to declare a protection zone;

and

(b) the ACMA develops a proposal for the protection zone in

response to the request; and

the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

Declaration different from request

(2) If:

(a) a person requests the ACMA to declare a protection zone;

and

(b) the ACMA develops a proposal for the protection zone in

response to the request; and

the requested protection zone;

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the ACMA must give the person a copy of the declaration, together

with a written statement setting out the ACMA’s reasons for

declaring a protection zone that is different from the requested

protection zone.

8 Location of submarine cable to be specified in declaration

(1) A declaration of a protection zone:

(a) must specify a nominal location for the cable or cables in all

Australian waters in which the cable is installed; and

(b) must not specify a location for the cable or cables outside

Australian waters.

(2) The location must be expressed in geographic coordinates and

must include the geodetic datum to which the coordinates refer.

9 Area of a protection zone

Area is as set out in this clause unless declaration specifies

otherwise

(1) Unless the ACMA specifies otherwise in the declaration of a

protection zone, the protection zone in relation to:

(a) one submarine cable—is the area set out in subclause (2); and

(b) more than one submarine cable—is the area set out in

subclause (4).

Protection zone in relation to only one submarine cable

(2) The protection zone in relation to one submarine cable:

(a) consists of so much of the following as is Australian waters:

(i) the area within 1,852 metres either side of the points on

the surface of the sea above the nominal location of the

cable; and

(ii) the waters beneath that area; and

(b) the seabed and subsoil beneath that area.

Note: If a cable leaves one area of Australian waters and subsequently enters

another area of Australian waters, subclause (2) has the effect that the

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protection zone in relation to that cable covers both areas of

Australian waters.

(3) A declaration of a protection zone in relation to one submarine

cable has no effect to the extent that it covers an area outside the

area described in subclause (2).

Protection zone in relation to more than one submarine cable

(4) The protection zone in relation to more than one submarine cable:

(a) consists of so much of the following as is Australian waters:

(i) the area between the nominal location of the cables; and

(ii) the area within 1,852 metres from the outside edge of

the points on the surface of the sea above the nominal

location of each of the two outermost cables; and

(iii) the waters beneath those areas; and

(b) the seabed and subsoil beneath those areas.

Note: If a cable leaves one area of Australian waters and subsequently enters

another area of Australian waters, subclause (4) has the effect that the

protection zone in relation to that cable covers both areas of

Australian waters.

(5) A declaration of a protection zone in relation to more than one

submarine cable has no effect to the extent that it covers an area

outside the area described in subclause (4).

Nominal location

(6) In this clause:

nominal location, of a submarine cable or cables, means the

nominal location specified in the declaration of the protection zone

in relation to the cable or cables.

10 Prohibited activities

(1) A declaration of a protection zone may specify activities that are

prohibited in the protection zone.

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(2) If a declaration of a protection zone does not specify activities that

are prohibited in the protection zone, the activities specified in

subclause (4) are prohibited.

(3) An activity which is specified in a declaration of a protection zone

must be an activity that is covered by subclause (4).

(4) This subclause covers the following activities:

(a) the use of:

(i) trawl gear that is designed to work on or near the seabed

(for example, a demersal trawn( � or

(ii) a net anchored to the seabed and kept upright by floats

(for example, a demersal gillnet); or

(iii) a fishing line that is designed to catch fish at or near the

seabed (for example, a demersal line); or

(iv) a dredge; or

(v) a pot or trap; or

(vi) a squid jig; or

(vii) a seine; or

(viii) a structure moored to the seabed with the primary

function of attracting fish for capture (for example, a

fish aggregating device);

(b) towing, operating, or suspending from a ship:

(i) any item mentioned in paragraph (a); or

(ii) a net, line, rope, chain or any other thing used in

connection with fishing operations;

(d) sand mining;

(e) exploring for or exploiting resources (other than marine

species);

(f) mining or the use of mining techniques;

(g) any activity that involves a serious risk that an object will

connect with the seabed, if a connection between the object

and a submarine cable would be capable of damaging the

cable;

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(h) an activity specified in the regulations, being an activity that,

if done near a submarine cable, would involve a serious risk

of damaging the cable.

(5) However, subclause (4) does not cover an activity if:

(a) the activity is carried on by, or on behalf of, a person who

owns or operates a submarine cable in the protection zone;

and

(b) the activity consists of the maintenance or repair of the

submarine cable.

11 Restricted activities

(1) A declaration of a protection zone may specify restrictions that are

imposed in the protection zone on activities in the protection zone.

(2) An activity on which restrictions are imposed must be an activity

that is covered by subclause (3).

(3) This subclause covers the following activities:

(a) the use of:

(i) a net that is above the seabed at all times; or

(ii) lures or baits attached to a line towed behind a ship;

(b) towing, operating, or suspending from a ship:

(i) any item mentioned in paragraph (a); or

(ii) a net, line, rope, chain or any other thing used in

connection with fishing operations;

(d) installing, maintaining or removing an electricity cable, an oil

or gas pipeline, any like cables or pipelines and any

associated equipment;

(e) constructing, maintaining or removing an installation for the

use of ships;

(f) constructing or maintaining navigational aids;

(g) any activity that involves a risk that an object will connect

with the seabed, if a connection between the object and a

submarine cable would be capable of damaging the cable;

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(h) an activity specified in the regulations, being an activity that,

if done near a submarine cable, could involve a risk of

damaging the cable.

(4) However, subclause (3) does not cover an activity if:

(a) the activity is carried on by, or on behalf of, a person who

owns or operates a submarine cable in the protection zone;

and

(b) the activity consists of the maintenance or repair of the

submarine cable.

12 Conditions

(1) A declaration of a protection zone may be subject to any conditions

that the ACMA considers appropriate.

(2) Those conditions must be specified in the declaration.

13 When a declaration takes effect

(1) A declaration of a protection zone takes effect at the time specified

by the ACMA.

(2) If a declaration relates only to a submarine cable or cables that are

not yet installed, the ACMA must not specify a time before the

time that the ACMA is satisfied that installation of the cable or

cables will begin.

14 Duration of declaration

(1) A declaration of a protection zone continues in effect until the

ACMA revokes it.

(2) To avoid doubt, a declaration continues in effect even if the

submarine cable or cables in the protection zone have ceased to

operate.

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Subdivision B—Prerequisites to declaration of a protection

zone

15 ACMA to develop a proposal for a protection zone

(1) Before the ACMA declares a protection zone in relation to one or

more submarine cables, or one or more submarine cables that are

proposed to be installed, the ACMA must develop a proposal for

the protection zone.

(2) The proposal must include:

(a) the nominal location of the submarine cable or cables in

Australian waters; and

(b) if the area of the proposed protection zone is different from

the area under clause 9—details of the location and

dimensions of the proposed protection zone; and

protection zone; and

(d) details of the restrictions that are to be imposed on activities

in the proposed protection zone.

(3) A proposal developed under subsection (1) is not a legislative

instrument.

16 ACMA to refer proposal to advisory committee

(1) The ACMA must refer a proposal developed under clause 15 to an

advisory committee.

Note: See clause 49 for requirements that relate to advisory committees.

(2) The advisory committee may make recommendations in relation to

the proposal.

(3) If the advisory committee does not make recommendations in

relation to the proposal, the committee must give the ACMA a

statement setting out the opinion of each committee member in

relation to the proposal.

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Clause 17

138 Telecommunications Act 1997

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17 ACMA to publish proposal etc.

Scope

(1) This clause applies to a proposal developed under clause 15.

Publication

(2) The ACMA must:

(a) publish the proposal on the ACMA’s website; and

(b) invite public submissions on the proposal.

Provision of copy of proposal

(3) If a person requests the ACMA to give the person a copy of the

proposal, the ACMA must give the person a copy of the proposal

within 2 business days after the day on which the ACMA received

the request.

(4) However, subclause (3) does not apply if the ACMA has:

(a) declared the protection zone to which the proposal relates; or

(b) decided not to declare the protection zone to which the

proposal relates.

(5) If the person requests that a copy of the proposal be given in

electronic form, the ACMA may give the copy in electronic form.

(6) The ACMA is not entitled to impose a charge for giving the person

a copy of the proposal.

17A ACMA to publish summary of proposal

Scope

(1) This clause applies to a proposal developed under clause 15.

Publication

(2) The ACMA must:

(a) prepare a summary of the proposal; and

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(b) publish the summary:

(i) in the Gazette; and

(ii) on the ACMA’s website; and

(iii) in a newspaper circulating generally in each State, the

Australian Capital Territory and the Northern Territory;

and

(iv) if an external Territory is affected by the proposal—in a

newspaper circulating generally in the external

Territory.

(3) The summary of the proposal must include information about how

people can:

(a) access the proposal on the ACMA’s website; and

(b) request a copy of the proposal under subclause 17(3).

18 Cable must be a submarine cable of national significance

(1) The ACMA must not declare a protection zone in relation to one or

more submarine cables unless the ACMA is satisfied that the cable,

or each cable, is or will be a cable of national significance.

(2) For the purposes of subclause (1) if:

(a) a cable is specified in regulations made for the purposes of

subclause 4(1A); or

(b) a route of a cable is specified in regulations made for the

purposes of subclause 4(1A);

the cable is taken to be of national significance.

19 Consultation with Environment Secretary

(1) The ACMA must not declare a protection zone in relation to one or

more submarine cables unless the ACMA has consulted with the

Environment Secretary in relation to the proposal for the protection

zone.

(2) The ACMA must have regard to any advice or recommendations

provided by the Environment Secretary in relation to the proposal.

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Clause 20

140 Telecommunications Act 1997

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20 Matters the ACMA must have regard to

In deciding whether to declare a protection zone in relation to one

or more submarine cables, the ACMA must have regard to:

(a) the recommendations or statement of opinions of the

advisory committee that considered the proposal for the

protection zone; and

(b) any submissions received from the public about the proposal

for the protection zone; and

and cost-effective carriage services to the public; and

(d) if the proposed protection zone relates to a submarine cable

that is not yet installed—the impact of the installation on the

environment; and

(e) if the proposed protection zone relates to a submarine cable

that is not yet installed—any relevant technical and economic

aspects of the installation; and

(f) if the proposed protection zone relates to a submarine cable

that is not yet installed—whether the submarine cable is to be

co-located with an existing submarine cable or cables; and

(g) if the proposed protection zone relates to a submarine cable

that is not yet installed—the economic and social benefits

that are likely to result from the installation of the cable; and

(h) any other matters that the ACMA considers relevant.

21 Environment and heritage considerations

For the purposes of paragraph 20(d) of this Schedule, the ACMA

must have regard to:

(a) whether the installation, maintenance or operation of the

submarine cable:

(i) is inconsistent with Australia’s obligations under a

listed international agreement; or

(ii) could have an adverse effect on a listed threatened

species or threatened ecological community, or impede

the recovery of a listed threatened species or threatened

ecological community; or

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(iii) could have an adverse effect on a listed marine species;

(iv) could have an adverse effect on the environment,

including the environment within a Commonwealth

marine area; or

(v) could have an adverse effect on cetaceans; or

(vi) could have an adverse effect on a listed migratory

species; or

(vii) could have an adverse effect on the National Heritage

values of a place included in the National Heritage List;

(viii) could have an adverse effect on the ecological character

of a declared Ramsar wetland; or

(ix) could have an adverse effect on the world heritage

values of a declared World Heritage property; or

(x) could have an adverse effect on a place that Australia is

required to protect by the terms of a listed international

agreement; or

(xi) could have an adverse effect on an area that, under the

law of the Commonwealth, a State or a Territory, is

reserved wholly or principally for marine conservation

purposes (however described); or

(xii) could have an adverse effect on an area that, under a law

of the Commonwealth, a State or a Territory, is

protected from significant environmental disturbance;

and

(b) whether the submarine cable is to be installed at or near an

area or thing that is of particular significance to Aboriginal

persons, or Torres Strait Islanders, in accordance with their

traditions; and

22 Deadline for final decision about protection zone

If the ACMA publishes a proposal for a protection zone under

clause 17, the ACMA’s decision whether or not to declare the

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Clause 22

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protection zone must be made as soon as practicable, and in any

event within 12 months, after the day on which the proposal was

published.

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Clause 23

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Division 3—Varying or revoking a declaration of a

protection zone

Subdivision A—Variation or revocation

23 ACMA may vary or revoke a declaration of a protection zone

(1) The ACMA may, by legislative instrument, vary or revoke a

declaration of a protection zone.

Note: Clause 48 requires a carrier to notify the ACMA if a submarine cable

ceases to be used.

(2) Before the ACMA varies or revokes a declaration of a protection

zone, the ACMA must comply with Subdivision B.

Note: Subdivision B requires the ACMA to develop a variation or

revocation proposal and to consult about the proposal.

24 Variation or revocation on ACMA’s initiative or in response to

request

A variation or revocation of a declaration of a protection zone may

be made:

(a) on the ACMA’s own initiative; or

(b) at the request of a person.

25 ACMA to notify affected carrier of request to vary or revoke a

declaration

If a person requests the ACMA to vary or revoke a declaration of a

protection zone, the ACMA must, as soon as practicable, give

details of the request to each carrier who is responsible for a

submarine cable or cables in the protection zone.

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Clause 26

144 Telecommunications Act 1997

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26 Response to a request to vary or revoke a declaration

ACMA decides to develop a variation or revocation proposal

(1) If:

(a) a person requests the ACMA to vary or revoke a declaration

of a protection zone; and

(b) the ACMA decides to develop a variation or revocation

proposal in response to the request;

the ACMA must:

(d) if the proposal differs from what the person requested—

notify the person in writing of the reasons for the difference.

ACMA decides not to develop a variation or revocation proposal

(2) If:

(a) a person requests the ACMA to vary or revoke a declaration

of a protection zone; and

(b) the ACMA decides not to develop a proposal to vary or

revoke a declaration of a protection zone in response to the

request;

the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

27 Decision not to vary or revoke a declaration after a request to do

If, after developing a proposal to vary or revoke a declaration of a

protection zone in response to a request by a person, the ACMA:

(a) decides not to vary or revoke the declaration; or

(b) decides to vary the declaration in a way different from that

requested; or

(d) decides to revoke the declaration when variation was

requested;

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the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

28 When a variation or revocation takes effect

A variation or revocation of a declaration of a protection zone

takes effect at the time specified by the ACMA.

29 Protection zone as varied must not exceed permitted area

Subclauses 9(3) and (5) (about the area of a protection zone)

continue to apply in relation to a declaration of a protection zone

that is varied under this Division.

Subdivision B—Prerequisites to variation or revocation of

declaration

30 ACMA to develop a variation or revocation proposal

(1) Before the ACMA varies or revokes a declaration of a protection

zone, the ACMA must develop a proposal to vary or revoke the

declaration.

(2) A proposal developed under subsection (1) is not a legislative

instrument.

31 ACMA to refer proposal to advisory committee

(1) The ACMA must refer a proposal developed under clause 30 to an

advisory committee.

Note: See clause 49 for requirements that relate to advisory committees.

(2) The advisory committee may make recommendations in relation to

the proposal.

(3) If the advisory committee does not make recommendations in

relation to the proposal, the committee must give the ACMA a

statement setting out the opinion of each committee member in

relation to the proposal.

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Clause 32

146 Telecommunications Act 1997

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32 ACMA to publish proposal etc.

Scope

(1) This clause applies to a proposal developed under clause 30.

Publication

(2) The ACMA must:

(a) publish the proposal on the ACMA’s website; and

(b) invite public submissions on the proposal.

Provision of copy of proposal

(3) If a person requests the ACMA to give the person a copy of the

proposal, the ACMA must give the person a copy of the proposal

within 2 business days after the day on which the ACMA received

the request.

(4) However, subclause (3) does not apply if the ACMA has:

(a) made the variation or revocation to which the proposal

relates; or

(b) decided not to make the variation or revocation to which the

proposal relates.

(5) If the person requests that a copy of the proposal be given in

electronic form, the ACMA may give the copy in electronic form.

(6) The ACMA is not entitled to impose a charge for giving the person

a copy of the proposal.

32A ACMA to publish summary of proposal

Scope

(1) This clause applies to a proposal developed under clause 30.

Summary

(2) The ACMA must:

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(a) prepare a summary of the proposal; and

(b) publish the summary:

(i) in the Gazette; and

(ii) on the ACMA’s website; and

(iii) in a newspaper circulating generally in each State, the

Australian Capital Territory and the Northern Territory;

and

(iv) if an external Territory is affected by the proposal—in a

newspaper circulating generally in the external

Territory.

(3) If the summary under subclause (2) relates to a proposal to vary a

declaration of a protection zone, the summary must include:

(a) the name of the protection zone; and

(b) details of the location and dimensions of the protection zone

as proposed to be varied; and

as it exists before the variation; and

(d) an outline of the reasons for the variation; and

(e) information about how people can:

(i) access the proposal on the ACMA’s website; and

(ii) request a copy of the proposal under subclause 32(3).

(4) If the summary under subclause (2) relates to a proposal to revoke

a declaration of a protected zone, the summary must include:

(a) the name of the protection zone; and

(b) details of the location and dimensions of the protection zone;

and

(d) information about how people can:

(i) access the proposal on the ACMA’s website; and

(ii) request a copy of the proposal under subclause 32(3).

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Clause 33

148 Telecommunications Act 1997

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33 Consultation with Environment Secretary

(1) The ACMA must not vary or revoke a declaration of a protection

zone unless the ACMA has consulted with the Environment

Secretary in relation to the proposal to vary or revoke the

declaration.

(2) The ACMA must have regard to any advice or recommendations

provided by the Environment Secretary in relation to the proposal.

34 Matters the ACMA must have regard to

In deciding whether to vary or revoke a declaration of a protection

zone, the ACMA must have regard to:

(a) the recommendations or statement of opinions of the

advisory committee that considered the variation or

revocation proposal; and

(b) any submissions received from the public about the variation

or revocation proposal; and

(i) the owner of each submarine cable in the protection

zone; and

(ii) if the carrier responsible for a cable in the protection

zone is not the owner of the cable—that carrier; and

(d) any other matters that the ACMA considers relevant.

35 Deadline for final decision about varying or revoking a protection

zone

If the ACMA publishes a proposal to vary or revoke a declaration

of a protection zone under clause 32, the ACMA must decide

whether to vary or revoke the declaration within 180 days after the

day on which the proposal was published.

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Offences in relation to a protection zone Division 4

Clause 36

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Division 4—Offences in relation to a protection zone

Subdivision A—Damaging a submarine cable

36 Damaging a submarine cable

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to a submarine cable; and

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

37 Negligently damaging a submarine cable

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to a submarine cable; and

in that damage; and

(d) the cable is in a protection zone.

Penalty: Imprisonment for 3 years or 180 penalty units, or both.

(2) Strict liability applies to paragraph (1)(d).

Note: For strict liability, see section 6.1 of the Criminal Code.

38 Defence to offences of damaging a submarine cable

Subclauses 36(1) and 37(1) do not apply if:

(a) the conduct that resulted in damage to the submarine cable

was necessary to save a life or a ship; or

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(b) the conduct that resulted in damage to the submarine cable

was necessary to prevent pollution; or

damage to the submarine cable; or

(d) the defendant is the carrier who owns or operates the

submarine cable; or

(e) when the conduct occurred, the defendant was acting on

behalf of the carrier who owns or operates the submarine

cable.

Note: The defendant bears an evidential burden in relation to the matters in

this clause. See subsection 13.3(3) of the Criminal Code.

39 Master or owner of ship used in offence of damaging a submarine

cable

(1) A person (the first person) commits an offence if:

(a) the first person is the owner or master of a ship; and

(b) the first person permits another person to use the ship; and

(d) the ship is used in the commission of the offence and the first

person is reckless as to that fact.

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision B—Engaging in prohibited or restricted activities

40 Engaging in prohibited or restricted activities

A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct occurs in a protection zone; and

(i) is prohibited in the protection zone; or

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Offences in relation to a protection zone Division 4

Clause 41

Telecommunications Act 1997 151

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) contravenes a restriction imposed on an activity in the

protection zone; and

(d) the conduct is not engaged in by the carrier who owns or

operates the cable, or a person acting on behalf of such a

carrier, for the purpose of maintaining or repairing a

submarine cable for which the carrier is responsible; and

(e) the conduct is not engaged in by a carrier who holds a

protection zone installation permit, or a person acting on such

a carrier’s behalf, in, or in the course of, the installation of a

submarine cable in accordance with the permit.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

41 Aggravated offence of engaging in prohibited or restricted

activities

A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct occurs in a protection zone; and

(i) is prohibited in the protection zone; or

(ii) contravenes a restriction imposed on an activity in the

protection zone; and

(d) the person engages in the conduct with the intention of

making a commercial gain; and

(e) the conduct is not engaged in by the carrier who owns or

operates the cable, or a person acting on behalf of such a

carrier, for the purpose of maintaining or repairing a

submarine cable for which the carrier is responsible; and

(f) the conduct is not engaged in by a carrier who holds a

protection zone installation permit, or a person acting on such

a carrier’s behalf, in, or in the course of, the installation of a

submarine cable in accordance with the permit.

Penalty: Imprisonment for 7 years or 420 penalty units, or both.

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Division 4 Offences in relation to a protection zone

Clause 42

152 Telecommunications Act 1997

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42 Defences to offences of engaging in prohibited or restricted

activities

Clauses 40 and 41 do not apply if:

(a) the conduct was necessary to save a life or ship; or

(b) the conduct was necessary to prevent pollution; or

the conduct.

Note: The defendant bears an evidential burden in relation to the matters in

this clause. See subsection 13.3(3) of the Criminal Code.

43 Alternative verdict if aggravated offence not proven

If, on a trial for an offence against clause 41:

(a) the arbiter of fact is not satisfied that the defendant engaged

in the activity with the intention of making a commercial

gain; and

(b) the arbiter of fact is otherwise satisfied that the defendant has

committed an offence against clause 40;

the arbiter may find the defendant not guilty of the offence against

clause 41 but guilty of an offence against clause 40, so long as the

defendant has been accorded procedural fairness in relation to that

finding of guilt.

44 Master or owner of ship used in offence of engaging in prohibited

or restricted activities

(1) A person (the first person) commits an offence if:

(a) the first person is the owner or master of a ship; and

(b) the first person permits another person to use the ship; and

and

(d) the ship is used in the commission of the offence and the first

person is reckless as to that fact.

Penalty:

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Clause 44A

Telecommunications Act 1997 153

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(a) if the other person committed an offence against clause 40—

imprisonment for 5 years or 300 penalty units, or both; or

(b) if the other person committed an offence against clause 41—

imprisonment for 7 years or 420 penalty units, or both.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision C—Foreign nationals and foreign ships

44A Foreign nationals and foreign ships

Foreign nationals—no involvement of ship

(1) This Division does not apply to anything done, or omitted to be

done, if:

(a) the thing is done, or omitted to be done, by a foreign

national; and

(b) the thing is done, or omitted to be done in, on, or beneath the

seabed that lies beneath, either or both of the following:

(i) the waters of the exclusive economic zone of Australia;

(ii) the sea above that part of the continental shelf of

Australia that is beyond the limits of the exclusive

economic zone; and

ship;

unless the thing done, or omitted to be done, touches, concerns,

arises out of or is connected with:

(d) the exploration of the continental shelf of Australia; or

(e) the exploitation of the resources of the continental shelf of

Australia (including the exploitation of the resources of the

waters of the exclusive economic zone); or

(f) the operations of artificial islands, installations or structures

that are under Australia’s jurisdiction.

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Clause 44A

154 Telecommunications Act 1997

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Foreign nationals—involvement of foreign ship

(2) This Division does not apply to anything done, or omitted to be

done, if:

(a) the thing is done, or omitted to be done, by a foreign

national; and

(b) the thing is done, or omitted to be done, in either or both of

the following:

(i) the waters of the exclusive economic zone of Australia;

(ii) the sea above that part of the continental shelf of

Australia that is beyond the limits of the exclusive

economic zone; and

unless the thing done, or omitted to be done, touches, concerns,

arises out of or is connected with:

(d) the exploration of the continental shelf of Australia; or

(e) the exploitation of the resources of the continental shelf of

Australia (including the exploitation of the resources of the

waters of the exclusive economic zone); or

(f) the operations of artificial islands, installations or structures

that are under Australia’s jurisdiction.

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Miscellaneous Division 5

Clause 45

Telecommunications Act 1997 155

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Division 5—Miscellaneous

45 Person may claim damages

(1) A person who suffers, directly or indirectly, loss or damage:

(a) because a submarine cable in a protection zone is damaged

by conduct of another person; or

(b) because another person engages in conduct that is prohibited

in a protection zone; or

restriction imposed on an activity in a protection zone;

may recover the amount of the loss or damage:

(d) against that other person; or

(e) against any person involved in the contravention (whether or

not a person is convicted of an offence in respect of the

contravention).

(2) An action under subclause (1) may be commenced at any time

within 6 years after the day on which the cause of action that

relates to the conduct accrued.

(3) A reference in subclause (1) to a person who is involved in a

contravention is a reference to a person who has:

(a) aided, abetted, counselled or procured the contravention; or

(b) induced, whether by threats or promises or otherwise, the

contravention; or

in, or party to, the contravention; or

(d) conspired with others to effect the contravention.

(4) Jurisdiction is conferred on the Federal Court in any matter arising

under this clause in respect of which a civil proceeding is instituted

under this clause.

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Clause 46

156 Telecommunications Act 1997

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46 Indemnity for loss of anchor etc.

(1) If:

(a) after all reasonable precautionary measures have been taken,

an anchor, a net or any other fishing gear belonging to a ship

is sacrificed in order to avoid damaging a submarine cable in

a protection zone; and

(b) at the time the sacrifice is made, no person on board the ship

is engaging in conduct:

(i) that is prohibited in the protection zone; or

(ii) that contravenes a restriction imposed on an activity in

the protection zone;

the owner of the ship is entitled to be indemnified for that loss by

the carrier responsible for the submarine cable.

(2) Jurisdiction is conferred on the Federal Court in any matter arising

under this clause in respect of which a civil proceeding is instituted

under this clause.

47 ACMA to notify relevant authorities of declaration, variation etc.

of protection zone

(1) If the ACMA declares a protection zone under clause 4, or varies

or revokes a declaration under clause 23, the ACMA must notify

the authorities mentioned in subclause (2) as soon as practicable of

the details of the ACMA’s decision to declare the protection zone

or vary or revoke the declaration.

(2) The authorities are the following:

(aa) the Department administered by the Minister administering

Part XII of the Customs Act 1901;

(ab) the Australian Defence Force;

(ac) the Australian Federal Police;

(a) the Australian Fisheries Management Authority;

(b) the Australian Hydrographic Service;

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(d) the authority administering the business carried on at a port

or ports of a State or the Northern Territory, if the port or

ports are directly affected by the declaration;

(e) the National Offshore Petroleum Safety and Environmental

Management Authority;

(f) the National Offshore Petroleum Titles Administrator;

(g) an authority that is:

(i) established by or under a law of the Commonwealth, a

State or a Territory; and

(ii) specified in an instrument in force under subclause (3).

(3) The Minister may, by legislative instrument, specify one or more

authorities for the purposes of subparagraph (2)(g)(ii).

48 Notice if carrier decommissions a submarine cable

If:

(a) a declaration of a protection zone in relation to a submarine

cable has effect; and

(b) the cable ceases to be in use (other than temporarily);

the carrier who is responsible for the cable must notify the ACMA

in writing of the cessation, as soon as practicable after the cessation

happens.

49 Composition of advisory committee

(1) An advisory committee established for the purposes of clause 16 or

31 must have no more than 12 members.

(2) Without limiting the persons who may be appointed as members of

an advisory committee established for the purposes of clause 16 or

31, the ACMA may appoint persons who, in the opinion of the

ACMA, represent the concerns of any of the following:

(a) the Commonwealth;

(b) an interested State;

Commonwealth or a State;

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Clause 49

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(d) an interested industry;

(e) an interested group.

(3) In this clause:

interested, in relation to a State, authority, instrumentality, industry

or group, means having concerns or interests that are affected by

the proposal that the committee is to consider, or that are likely to

be so affected should the ACMA declare the protection zone

proposed in the proposal.

State includes the Northern Territory.

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Permits to install submarine cables Part 3

Simplified outline Division 1

Clause 50

Telecommunications Act 1997 159

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Part 3—Permits to install submarine cables

Division 1—Simplified outline

50 Simplified outline

The following is a simplified outline of this Part:

• A carrier may apply to the ACMA to install a submarine cable

in a protection zone.

• A carrier may apply to the ACMA to install an international

submarine cable in both:

(a) a protection zone; and

(b) Australian waters that are not in a protection zone

and that are not coastal waters.

• A carrier may apply to the ACMA to install an international

submarine cable in Australian waters that are not in a

protection zone and that are not coastal waters.

• There is a streamlined process for applications for permits to

install submarine cables in protection zones. Also, a carrier

who installs a submarine cable in a protection zone in

accordance with a permit is exempt from certain State and

Territory laws.

• It is an offence for a person to install an international

submarine cable without a permit in a protection zone, or in

Australian waters that are not in a protection zone and that are

not coastal waters.

• It is an offence for a person to install a domestic submarine

cable without a permit in a protection zone.

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Division 1 Simplified outline

Clause 50

160 Telecommunications Act 1997

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• It is also an offence for a person who holds a permit to breach

a condition of the permit.

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Protection zone installation permits Division 2

Clause 51

Telecommunications Act 1997 161

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Division 2—Protection zone installation permits

51 Application for a protection zone installation permit

(1) A carrier may apply to the ACMA for a permit (a protection zone

installation permit) to:

(a) install one or more submarine cables in a protection zone; or

(b) install a single international submarine cable in both:

(i) a protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory; or

both:

(i) a protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory.

(2) It is immaterial whether the cable or cables specified in the

application are the cable or cables in relation to which the

protection zone was declared.

52 Form of application etc.

(1) An application must be:

(a) in writing; and

(b) in the form approved in writing by the ACMA.

(2) The approved form must require the application to set out:

(a) the proposed route or routes, in Australian waters, of the

submarine cable or cables specified in the application; and

(b) information about the ownership and control of the

submarine cable or cables specified in the application; and

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Clause 53

162 Telecommunications Act 1997

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(3) For the purposes of subclause (2), control includes control as a

result of, or by means of, trusts, agreements, arrangements,

understandings and practices:

(a) whether or not having legal or equitable force; and

(b) whether or not based on legal or equitable rights; and

one or more interposed companies, partnerships or trusts.

53 Application to be accompanied by charge

An application must be accompanied by the charge (if any)

imposed on the application by a determination under section 60 of

the Australian Communications and Media Authority Act 2005.

54 Withdrawal of application

This Division does not prevent the withdrawal of an application

and the submission of a fresh application.

54A Notification of change of circumstances

(1) If:

(a) an application is pending; and

(b) the applicant becomes aware of a change of circumstances

relating to information set out in the application;

the applicant must:

(d) do so as soon as practicable.

(2) After considering the notification, the ACMA must decide whether

or not the change should be treated as a material change in

circumstances for the purposes of clause 58.

Note: Clause 58 deals with the timing of the ACMA’s decision on the

application.

(3) The ACMA must:

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(a) notify the applicant in writing of the ACMA’s decision under

subclause (2); and

(b) do so within 2 business days after the day on which the

decision is made.

55 Further information

(1) The ACMA may request the applicant to give the ACMA further

information about the application.

(2) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

55A Consultation

(1) Before making a decision on the application for a protection zone

installation permit, the ACMA must consult:

(a) the Secretary of the Attorney-General’s Department; and

(b) any other persons the ACMA considers relevant.

(2) Within 2 business days after the day on which the ACMA received

the application, the ACMA must give the Secretary of the

Attorney-General’s Department a copy of the application.

(3) Within 15 business days after the day on which the Secretary of the

Attorney-General’s Department received the copy of the

application, the Secretary of the Attorney-General’s Department

must:

(a) give a written notice to the ACMA stating that, while the

notice remains in force, the ACMA must not grant the

permit; or

(b) make a submission to the ACMA; or

of the Attorney-General’s Department does not require any

further consultation about the application.

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Clause 55A

164 Telecommunications Act 1997

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Notice to the ACMA under paragraph (3)(a)

(4) The ACMA must not grant the permit while a notice is in force

under paragraph (3)(a).

(5) Unless sooner revoked, a notice under paragraph (3)(a) remains in

force during the period specified in the notice.

(6) The period specified under subclause (5) must not be longer than 3

months.

(7) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, extend, or further extend, the

period referred to in subclause (5), so long as the extension, or

further extension, does not result in the notice being in force for

longer than 12 months.

(8) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, revoke a notice under

paragraph (3)(a).

(9) Within 2 business days after the day on which the ACMA received

a notice under paragraph (3)(a) or subclause (7), the ACMA must

give the applicant a copy of the notice.

Submission to the ACMA

(10) If a notice under paragraph (3)(a) is in force, the Secretary of the

Attorney-General’s Department may make a submission to the

ACMA.

(11) A submission to the ACMA under paragraph (3)(b) or

subclause (10) may include:

(a) recommendations about the conditions that should be

specified in the permit under paragraph 58A(1)(d) or (e) of

this Schedule; or

(b) such other matters (if any) as the Secretary of the

Attorney-General’s Department considers relevant.

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Clause 56

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Notice to the ACMA under paragraph (3)(c)

(12) A notice under paragraph (3)(c) cannot be revoked.

56 Grant or refusal of permit

Grant

(1) After considering the application, the ACMA may:

(a) if the application is covered by paragraph 51(1)(a) of this

Schedule—grant the applicant a protection zone installation

permit authorising the installation, in the protection zone, of

the submarine cable or cables specified in the application; or

(b) if the application is covered by paragraph 51(1)(b) of this

Schedule—grant the applicant a protection zone installation

permit authorising the installation, in both:

(i) the protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory;

of the international submarine cable specified in the

application; or

Schedule—grant the applicant a protection zone installation

permit authorising the installation, in both:

(i) the protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory;

of each of the international submarine cables specified in the

application.

Refusal

(3) After considering the application, the ACMA may refuse to grant a

protection zone installation permit.

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Clause 57

166 Telecommunications Act 1997

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(4) If the ACMA refuses to grant the permit, it must notify the

applicant in writing of the ACMA’s decision and the reasons for

the decision.

57 Matters to which the ACMA must have regard in making a

decision about a permit

In deciding whether to grant a protection zone installation permit,

the ACMA must have regard to:

(a) if the Secretary of the Attorney-General’s Department makes

a submission to the ACMA under clause 55A—that

submission; and

(b) any other matters that the ACMA considers relevant.

57A Refusal of permit—security

(1) If the Attorney-General, after consulting the Prime Minister and

the Minister administering this Act, considers that the grant of a

protection zone installation permit to a particular carrier would be

prejudicial to security, the Attorney-General may give a written

direction to the ACMA not to grant a protection zone installation

permit to the carrier.

(2) The ACMA must comply with a direction under subclause (1).

(3) While a direction is in force under this clause:

(a) the ACMA cannot reconsider a non-compulsory refusal to

grant a protection zone installation permit to the carrier; and

(b) the Administrative Appeals Tribunal cannot consider an

application for review of a non-compulsory refusal to grant a

protection zone installation permit to the carrier.

(4) If an application for a protection zone installation permit is pending

at the time when the Attorney-General gives a direction to the

ACMA under this clause, then the application lapses.

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(5) In this clause:

non-compulsory refusal means a refusal to grant a protection zone

installation permit, other than a refusal that is required by this

clause.

58 Timing of decision on application

Further information requested

(1) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the ACMA requests the applicant to give the ACMA further

information under subclause 55(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

35 business days)—that number of business days;

after the day on which the applicant gave the ACMA the

information.

No further information requested

(2) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the ACMA does not request the applicant to give the ACMA

further information under subclause 55(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

35 business days)—that number of business days;

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after the day on which the application was made.

Extension for change in circumstances relating to application

(3) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 54A(1); and

should not be treated as a material change in circumstances

for the purposes of this clause;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by 5 business days.

(4) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 54A(1); and

should be treated as a material change in circumstances for

the purposes of this clause;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by:

(d) 25 business days; or

(e) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

35 business days)—that number of business days.

Extension where notice given by Secretary of the

Attorney-General’s Department in force

(5) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the Secretary of the Attorney-General’s Department gives a

notice to the ACMA under paragraph 55A(3)(a) of this

Schedule in relation to the application;

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the number of business days referred to in subclause (1) or (2) of

this clause is extended by one business day for each business day

in the period during which the notice remains in force.

58A Conditions of permit

(1) A protection zone installation permit held by a carrier is subject to

the following conditions:

(a) a condition that so much of the relevant cable or cables as is

installed in a protection zone must be installed within:

(i) 75 metres of the route or routes specified by the ACMA

in the permit; or

(ii) if the ACMA specifies another distance in the permit—

that distance of the route or routes specified by the

ACMA in the permit;

(b) if the permit is covered by paragraph 56(1)(b) or (c) of this

Schedule—a condition that so much of the relevant cable or

cables as is installed in Australian waters that:

(i) are not in a protection zone; and

(ii) are not coastal waters of a State or the Northern

Territory;

must be installed within:

(iii) 926 metres of the route or routes specified by the

ACMA in the permit; or

(iv) if the ACMA specifies another distance in the permit—

that distance of the route or routes specified by the

ACMA in the permit;

carrier, must not install the relevant cable or cables unless all

Commonwealth regulatory approvals have been obtained for

the installation;

(d) such conditions (if any) in relation to security as the ACMA

specifies in the permit;

(e) such conditions (if any) in relation to the installation of the

relevant cable or cables as the ACMA specifies in the permit.

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Clause 59

170 Telecommunications Act 1997

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Variation of conditions

(2) The ACMA may, by written notice given to the holder of a

protection zone installation permit:

(a) vary a condition covered by paragraph (1)(a) or (b) by:

(i) specifying a distance; or

(ii) varying a distance; or

(b) vary a condition covered by paragraph (1)(d) or (e).

59 Duration of permit

A protection zone installation permit is in force for a period of 18

months from the day the permit is granted.

60 Surrender of permit

The holder of a protection zone installation permit may, at any

time, surrender the permit by written notice given to the ACMA.

61 Extension of permit

Before a protection zone installation permit expires, the holder of

the permit may apply to the ACMA to extend the duration of the

permit for a further 180 days.

(2) The holder must give the ACMA reasons for requesting to extend

the duration of the permit.

(3) If the ACMA refuses the application, the ACMA must give the

holder written notice of the ACMA’s decision and the reasons for

the decision.

62 Suspension or cancellation of permit

(1) The ACMA may suspend or cancel a protection zone installation

permit by written notice to the holder of the permit, if the ACMA

is satisfied that:

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(a) the holder has breached a condition to which the permit is

subject; or

(b) the holder has not complied with a condition of the Code of

Practice in force under clause 15 of Schedule 3 that applies to

the installation of submarine cables.

(2) Before a permit is suspended or cancelled under subclause (1):

(a) the ACMA must give the holder 30 days’ written notice of

the ACMA’s intention to suspend or cancel the permit and

the ground or grounds on which the ACMA intends to do so;

and

(b) the ACMA must give the holder an opportunity to submit to

the ACMA any matters that the holder wishes the ACMA to

take into account in deciding whether to suspend or cancel

the permit; and

the holder under paragraph (b) and any action taken by the

holder to address the ACMA’s concerns or to prevent the

recurrence of similar circumstances.

63 Exemption from State and Territory laws

(1) This clause applies to the installation of a submarine cable in

accordance with a protection zone installation permit.

(2) A carrier may install, or cause to be installed, a cable despite a law

of a State or Territory about:

(a) the assessment of the environmental effects of engaging in

the activity; or

(b) the protection of places or items of significance to Australia’s

natural or cultural heritage; or

(d) the supply of fuel or power, including the supply and

distribution of extra-low voltage power systems; or

(e) a matter specified in the regulations.

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Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 63

172 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Paragraph (2)(b) does not apply to a law in so far as the law

provides for the protection of places or items of significance to the

cultural heritage of Aboriginal persons or Torres Strait Islanders.

(4) Paragraph 2(d) does not apply to a law in so far as the law deals

with the supply of electricity at a voltage that exceeds that used for

ordinary commercial or domestic requirements.

(5) If subclause (2) entitles a person to engage in activities despite

particular laws of a State or Territory, nothing in this clause affects

the operation of any other law of a State or Territory, so far as that

other law is capable of operating concurrently.

(6) This clause does not affect the liability of a carrier to taxation

under a law of a State or Territory.

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Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 64

Telecommunications Act 1997 173

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Non-protection zone installation permits

64 Application for a permit to install an international submarine

cable in Australian waters (otherwise than in a protection

zone or coastal waters)

A carrier may apply to the ACMA for a permit to install one or

more international submarine cables in Australian waters that are

not in a protection zone and that are not coastal waters of a State or

the Northern Territory (a non-protection zone installation permit).

65 Form of application etc.

(1) An application must be:

(a) in writing; and

(b) in the form approved in writing by the ACMA.

(2) The approved form must require the application to set out:

(a) the proposed route or routes, in Australian waters, of the

submarine cable or cables specified in the application; and

(b) information about the ownership and control of the

submarine cable or cables specified in the application; and

(3) For the purposes of subclause (2), control includes control as a

result of, or by means of, trusts, agreements, arrangements,

understandings and practices:

(a) whether or not having legal or equitable force; and

(b) whether or not based on legal or equitable rights; and

one or more interposed companies, partnerships or trusts.

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Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 66

174 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

66 Application to be accompanied by charge

An application must be accompanied by the charge (if any)

imposed on the application by a determination under section 60 of

the Australian Communications and Media Authority Act 2005.

67 Withdrawal of application

This Division does not prevent the withdrawal of an application

and the submission of a fresh application.

67A Notification of change of circumstances

(1) If:

(a) an application is pending; and

(b) the applicant becomes aware of a change of circumstances

relating to information set out in the application;

the applicant must:

(d) do so as soon as practicable.

(2) After considering the notification, the ACMA must decide whether

or not the change should be treated as a material change in

circumstances for the purposes of clause 73.

Note: Clause 73 deals with the timing of the ACMA’s decision on the

application.

(3) The ACMA must:

(a) notify the applicant in writing of the ACMA’s decision under

subclause (2); and

(b) do so within 2 business days after the day on which the

decision is made.

68 Further information

(1) The ACMA may request the applicant to give the ACMA, within

the period specified in the request, further information about the

application.

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Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 69

Telecommunications Act 1997 175

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

69 Grant or refusal of permit

Grant

(1) After considering the application, the ACMA may grant the

applicant a non-protection zone installation permit authorising the

installation, in Australian waters that are not in a protection zone

and that are not coastal waters of a State or the Northern Territory,

of the submarine cable or cables specified in the application.

Refusal

(3) After considering the application, the ACMA may refuse to grant a

non-protection zone installation permit.

(4) If the ACMA refuses to grant the permit, it must notify the

applicant in writing of the ACMA’s decision and the reasons for

the decision.

70 Consultation

(1) Before making a decision on the application for a non-protection

zone installation permit, the ACMA must consult:

(a) the Secretary of the Attorney-General’s Department; and

(b) any other persons the ACMA considers relevant.

(2) Within 2 business days after the day on which the ACMA received

the application, the ACMA must give the Secretary of the

Attorney-General’s Department a copy of the application.

(3) Within 15 business days after the day on which the Secretary of the

Attorney-General’s Department received the copy of the

application, the Secretary of the Attorney-General’s Department

must:

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Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 70

176 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) give a written notice to the ACMA stating that, while the

notice remains in force, the ACMA must not grant the

permit; or

(b) make a submission to the ACMA; or

of the Attorney-General’s Department does not require any

further consultation about the application.

Notice to the ACMA under paragraph (3)(a)

(4) The ACMA must not grant the permit while a notice is in force

under paragraph (3)(a).

(5) Unless sooner revoked, a notice under paragraph (3)(a) remains in

force during the period specified in the notice.

(6) The period specified under subclause (5) must not be longer than 3

months.

(7) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, extend, or further extend, the

period referred to in subclause (5), so long as the extension, or

further extension, does not result in the notice being in force for

longer than 12 months.

(8) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, revoke a notice under

paragraph (3)(a).

(9) Within 2 business days after the day on which the ACMA received

a notice under paragraph (3)(a) or subclause (7), the ACMA must

give the applicant a copy of the notice.

Submission to the ACMA

(10) If a notice under paragraph (3)(a) is in force, the Secretary of the

Attorney-General’s Department may make a submission to the

ACMA.

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Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 71

Telecommunications Act 1997 177

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(11) A written submission to the ACMA under paragraph (3)(b) or

subclause (10) may include:

(a) recommendations about the conditions that should be

specified in the permit under paragraph 73A(1)(c) or (d) of

this Schedule; or

(b) such other matters (if any) as the Secretary of the

Attorney-General’s Department considers relevant.

Notice to the ACMA under paragraph (3)(c)

(12) A notice under paragraph (3)(c) cannot be revoked.

71 Matters to which the ACMA must have regard in making a

decision about a permit

In deciding whether to grant a non-protection zone installation

permit, the ACMA must have regard to:

(a) the objective of facilitating the supply of efficient, modern

and cost-effective carriage services to the public; and

(aa) if the Secretary of the Attorney-General’s Department makes

a submission to the ACMA under clause 70—that

submission; and

installation; and

(d) whether the installation involves co-location of the

submarine cable or cables to which the application relates

with one or more other submarine cables; and

(e) any other matters that the ACMA considers relevant.

72A Refusal of permit—security

(1) If the Attorney-General, after consulting the Prime Minister and

the Minister administering this Act, considers that the grant of a

non-protection zone installation permit to a particular carrier would

be prejudicial to security, the Attorney-General may give a written

direction to the ACMA not to grant a non-protection zone

installation permit to the carrier.

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Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 73

178 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA must comply with a direction under subclause (1).

(3) While a direction is in force under this clause:

(a) the ACMA cannot reconsider a non-compulsory refusal to

grant a non-protection zone installation permit to the carrier;

and

(b) the Administrative Appeals Tribunal cannot consider an

application for review of a non-compulsory refusal to grant a

non-protection zone installation permit to the carrier.

(4) If an application for a non-protection zone installation permit is

pending at the time when the Attorney-General gives a direction to

the ACMA under this clause, then the application lapses.

(5) In this clause:

non-compulsory refusal means a refusal to grant a non-protection

zone installation permit, other than a refusal that is required by this

clause.

73 Timing of decision on application

Further information requested

(1) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the ACMA requests the applicant to give the ACMA further

information under subclause 68(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

90 business days)—that number of business days;

after the day on which the applicant gave the ACMA the

information.

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Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 73

Telecommunications Act 1997 179

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

No further information requested

(2) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the ACMA does not request the applicant to give the ACMA

further information under subclause 68(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

90 business days)—that number of business days;

after the day on which the application was made.

Extension for change in circumstances relating to application

(3) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 67A(1); and

should not be treated as a material change in circumstances

for the purposes of this clause;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by 5 business days.

(4) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 67A(1); and

should be treated as a material change in circumstances for

the purposes of this clause;

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Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 73A

180 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the number of business days referred to in subclause (1) or (2) of

this clause is extended by:

(d) 60 business days; or

(e) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

90 business days)—that number of business days.

Extension where notice given by Secretary of the

Attorney-General’s Department in force

(5) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the Secretary of the Attorney-General’s Department gives a

notice to the ACMA under paragraph 70(3)(a) of this

Schedule in relation to the application;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by one business day for each business day

in the period during which the notice remains in force.

73A Conditions of permit

(1) A non-protection zone installation permit held by a carrier is

subject to the following conditions:

(a) a condition that the relevant cable or cables must be installed

within:

(i) 926 metres of the route or routes specified by the

ACMA in the permit; or

(ii) if the ACMA specifies another distance in the permit—

that distance of the route or routes specified by the

ACMA in the permit;

(b) a condition that the carrier, or a person acting on behalf of the

carrier, must not install the relevant cable or cables unless all

Commonwealth regulatory approvals have been obtained for

the installation;

specifies in the permit;

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Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 74

Telecommunications Act 1997 181

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) such conditions (if any) in relation to the installation of the

relevant cable or cables as the ACMA specifies in the permit.

Variation of conditions

(2) The ACMA may, by written notice given to the holder of a

non-protection zone installation permit:

(a) vary a condition covered by paragraph (1)(a) by:

(i) specifying a distance; or

(ii) varying a distance; or

(b) vary a condition covered by paragraph (1)(c) or (d).

74 Duration of permit

A non-protection zone installation permit is in force for a period of

18 months from the day the permit is granted.

75 Surrender of permit

The holder of a non-protection zone installation permit may, at any

time, surrender the permit by written notice given to the ACMA.

76 Extension of permit

(1) Before a non-protection zone installation permit expires, the holder

of the permit may apply to the ACMA to extend the duration of the

permit for a further 180 days.

(2) The holder must give the ACMA reasons for requesting to extend

the duration of the permit.

(3) If the ACMA refuses the application, the ACMA must give the

holder written notice of the ACMA’s decision and the reasons for

the decision.

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Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 77

182 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

77 Suspension or cancellation of permit

(1) The ACMA may suspend or cancel a non-protection zone

installation permit by written notice to the holder of the permit, if

the ACMA is satisfied that:

(a) the holder has breached a condition to which the permit is

subject; or

(b) the holder has not complied with a condition of the Code of

Practice in force under clause 15 of Schedule 3 that applies to

the installation of submarine cables.

(2) Before a permit is suspended or cancelled under subclause (1):

(a) the ACMA must give the holder 30 days’ written notice of

the ACMA’s intention to suspend or cancel the permit and

the ground or grounds on which the ACMA intends to do so;

and

(b) the ACMA must give the holder an opportunity to submit to

the ACMA any matters that the holder wishes the ACMA to

take into account in deciding whether to suspend or cancel

the permit; and

the holder under paragraph (b) and any action taken by the

holder to address the ACMA’s concerns or to prevent the

recurrence of similar circumstances.

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Permits to install submarine cables Part 3

Conditions applicable to the installation of submarine cables Division 4

Clause 78

Telecommunications Act 1997 183

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Conditions applicable to the installation of

submarine cables

78 Application of this Division

(1) This Division applies to the installation of an international

submarine cable:

(a) in a protection zone; or

(b) in Australian waters, other than coastal waters of a State or

Territory;

by or on behalf of a carrier.

Note: A Code of Practice made under subclause 15(1) of Schedule 3 may

impose conditions in addition to the conditions imposed in this

Division.

(2) This Division applies to the installation of a domestic submarine

cable in a protection zone by, or on behalf of, a carrier.

Note: A Code of Practice made under subclause 15(1) of Schedule 3 may

impose conditions in addition to the conditions imposed in this

Division.

79 Installation to do as little damage as practicable

The carrier must ensure that all reasonable steps are taken to ensure

that the installation causes as little detriment and inconvenience,

and as little damage, as is practicable.

80 Management of installation activities

The carrier must ensure that all reasonable steps are taken:

(a) to act in accordance with good engineering practice; and

(b) to protect the safety of persons and property; and

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Part 3 Permits to install submarine cables

Division 4 Conditions applicable to the installation of submarine cables

Clause 81

184 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

81 Compliance with industry standards

The carrier must ensure that the installation is done in accordance

with any standard that:

(a) relates to installation; and

(b) is recognised by the ACMA as a standard for use in the

telecommunications industry; and

carrier complies with the standard.

82 Compliance with international agreements

The carrier must ensure that the installation is done in a manner

that is consistent with Australia’s obligations under a listed

international agreement that is relevant to the installation.

83 Conditions specified in the regulations

The carrier must ensure that the installation complies with any

conditions that are specified in the regulations.

83A Attorney-General’s consent required for certain enforcement

proceedings

(1) An application for an injunction under section 564 must not be

made without the written consent of the Attorney-General if:

(a) the injunction is in relation to a contravention by a carrier of

the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to this Division; and

(b) the carrier is a foreign national; and

outside Australia; and

(d) the contravention did not involve an Australian ship.

(2) A proceeding for the recovery of a pecuniary penalty under

section 571 must not be instituted without the written consent of

the Attorney-General if:

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Permits to install submarine cables Part 3

Conditions applicable to the installation of submarine cables Division 4

Clause 83A

Telecommunications Act 1997 185

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the proceeding is in respect of a contravention by a carrier of

the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to this Division; and

(b) the carrier is a foreign national; and

(d) the contravention did not involve an Australian ship.

(3) In deciding whether to consent under subclause (1) or (2), the

Attorney-General must have regard to the obligations of Australia

under international law, including obligations under any agreement

between:

(a) Australia; and

(b) another country or countries.

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Part 3 Permits to install submarine cables

Division 5 Offences in relation to installation of submarine cables

Clause 84

186 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Offences in relation to installation of

submarine cables

84 Installing an international submarine cable without a permit

(1) A person commits an offence if:

(a) the person installs, or causes to be installed, an international

submarine cable; and

(b) the cable is installed:

(i) in Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory; or

(ii) in a protection zone; and

the installation of the cable in the place in which it is

installed.

Penalty: 200 penalty units.

(2) Strict liability applies to paragraph (1)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subclause (1) does not apply to a person who installs an

international submarine cable on behalf of a carrier, if the carrier

has a permit authorising the installation of the cable.

Note: The defendant bears an evidential burden in relation to the matters in

subclause (3). See subsection 13.3(3) of the Criminal Code.

84A Installing a domestic submarine cable without a permit

(1) A person commits an offence if:

(a) the person installs, or causes to be installed, a domestic

submarine cable; and

(b) the cable is installed in a protection zone; and

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Permits to install submarine cables Part 3

Offences in relation to installation of submarine cables Division 5

Clause 85

Telecommunications Act 1997 187

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the installation of the cable in the place in which it is

installed.

Penalty: 200 penalty units.

(2) Strict liability applies to paragraph (1)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subclause (1) does not apply to a person who installs a domestic

submarine cable on behalf of a carrier, if the carrier has a permit

authorising the installation of the cable.

Note: The defendant bears an evidential burden in relation to the matters in

subclause (3). See subsection 13.3(3) of the Criminal Code.

(4) Subclause (1) does not apply to a domestic submarine cable that a

person installed, or began to install, before the commencement of

this clause.

Note: The defendant bears an evidential burden in relation to the matters in

subclause (4). See subsection 13.3(3) of the Criminal Code.

85 Breaching conditions of a permit

(1) A carrier commits an offence if:

(a) the carrier holds a permit under this Part authorising the

installation of a submarine cable; and

(b) the carrier, or a person acting on behalf of the carrier,

engages in conduct; and

Penalty: 100 penalty units.

(2) A proceeding for an offence committed by a person against

subclause (1) must not be commenced without the written consent

of the Attorney-General if:

(a) the person is a foreign national; and

(b) the offence involved an act or omission outside Australia;

and

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Part 3 Permits to install submarine cables

Division 5 Offences in relation to installation of submarine cables

Clause 86

188 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In deciding whether to consent under subclause (2), the

Attorney-General must have regard to the obligations of Australia

under international law, including obligations under any agreement

between:

(a) Australia; and

(b) another country or countries.

86 Failing to comply with ACMA direction to remove an unlawfully

installed international submarine cable

(1) The ACMA may direct a carrier to remove an international

submarine cable if:

(a) the carrier installed the submarine cable, or caused it to be

installed, in a protection zone or in Australian waters without

a permit under this Part authorising the installation; or

(b) the carrier is installing the submarine cable, or causing it be

installed, in a protection zone or in Australian waters without

a permit under this Part authorising the installation.

(2) A carrier who does not comply with a direction under subclause (1)

commits an offence.

Penalty: 200 penalty units.

(3) The ACMA must not give a direction to a carrier under

subclause (1) in relation to an international submarine cable that

the carrier installed, or began to install, before the commencement

of this Schedule.

86A Failing to comply with ACMA direction to remove an

unlawfully installed domestic submarine cable

(1) The ACMA may direct a carrier to remove a domestic submarine

cable if:

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Permits to install submarine cables Part 3

Offences in relation to installation of submarine cables Division 5

Clause 86A

Telecommunications Act 1997 189

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the carrier installed the submarine cable, or caused it to be

installed, in a protection zone without a permit under this

Part authorising the installation; or

(b) the carrier is installing the submarine cable, or causing it to

be installed, in a protection zone without a permit under this

Part authorising the installation.

(2) A carrier who does not comply with a direction under subclause (1)

commits an offence.

Penalty: 200 penalty units.

(3) The ACMA must not give a direction to a carrier under

subclause (1) in relation to a domestic submarine cable that the

carrier installed, or began to install, before the commencement of

this clause.

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Schedule 3A Protection of submarine cables

Part 4 Compensation

Clause 87

190 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 4—Compensation

87 Compensation

(1) If a person suffers financial loss or damage because of anything

done by a carrier under this Schedule in relation to:

(a) any property owned by the person; or

(b) any property in which the person has an interest;

there is payable to the person by the carrier such reasonable

amount of compensation;

(d) failing agreement—as is determined by a court of competent

jurisdiction.

(2) Compensation payable under subclause (1) includes, without

limitation, compensation in relation to:

(a) damage of a temporary character as well as of a permanent

character; and

(b) the taking of sand, soil, water and other things.

(3) In this clause:

court of competent jurisdiction, in relation to property, includes

the Federal Court.

88 Compensation for acquisition of property

(1) If:

(a) either of the following would result in an acquisition of

property from a person:

(i) anything done by a carrier under, or because of, this

Schedule;

(ii) the existence of rights conferred on a carrier under, or

because of, this Schedule in relation to a submarine

cable; and

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Protection of submarine cables Schedule 3A

Compensation Part 4

Clause 88

Telecommunications Act 1997 191

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the acquisition of property would not be valid, apart from this

section, because a particular person had not been

compensated;

the carrier must pay that person:

person and the carrier; or

(d) failing agreement—a reasonable amount of compensation

determined by a court of competent jurisdiction.

(2) In assessing compensation payable under this clause arising out of

an event, the following must be taken into account:

(a) any compensation obtained by the person as a result of an

agreement between the person and the carrier otherwise than

under this clause but arising out of the same event;

(b) any damages or compensation recovered by the person from

the carrier, or other remedy given, in a proceeding begun

otherwise than under this clause but arising out of the same

event.

(3) This clause does not limit the operation of clause 87.

(4) In this clause:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

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Schedule 3A Protection of submarine cables

Part 5 Miscellaneous

Clause 89

192 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 5—Miscellaneous

89 Delegation by the Secretary of the Attorney-General’s

Department

(1) The Secretary of the Attorney-General’s Department may, by

writing, delegate any or all of his or her powers under this

Schedule to an SES employee, or acting SES employee, in the

Attorney-General’s Department.

(2) A delegate must comply with any directions of the Secretary of the

Attorney-General’s Department.

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Reviewable decisions of the ACMA Schedule 4

Decisions that may be subject to reconsideration by the ACMA Part 1

Clause 1

Telecommunications Act 1997 193

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Schedule 4—Reviewable decisions of the

ACMA Note: See sections 555 and 556.

Part 1—Decisions that may be subject to

reconsideration by the ACMA

1 Reviewable decisions of the ACMA

The following kinds of decisions are specified for the purposes of

section 555:

(a) a decision under section 56, 58 or 59 to refuse to grant a

carrier licence (other than a decision made in compliance

with section 56A or 58A);

(b) a decision under section 69 to:

(i) give or vary a direction; or

(ii) refuse to revoke a direction;

(d) a decision of a kind referred to in subsection 73(6) (which

deals with remission of late payment penalty);

(e) a decision under section 81 to refuse to make a nominated

carrier declaration;

(f) a decision under section 83 to revoke a nominated carrier

declaration;

(g) a decision of a kind referred to in subsection 99(5) (which

deals with decisions under service provider determinations);

(h) a decision under section 102 to:

(i) give or vary a direction; or

(ii) refuse to revoke a direction;

(i) a decision under section 117 to refuse to register a code;

(j) a decision under section 121 to:

(i) give or vary a direction; or

(ii) refuse to revoke a direction;

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Schedule 4 Reviewable decisions of the ACMA

Part 1 Decisions that may be subject to reconsideration by the ACMA

Clause 1

194 Telecommunications Act 1997

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(ja) a decision of a kind referred to in subsection 70(3) (which

deals with remission of late payment penalty) of the

Telecommunications (Consumer Protection and Service

Standards) Act 1999;

(k) a decision under section 129 of the Telecommunications

(Consumer Protection and Service Standards) Act 1999 to

refuse to make a declaration;

(l) a decision under section 130 of the Telecommunications

(Consumer Protection and Service Standards) Act 1999 to

give a direction;

(ma) a decision under the integrated public number database

scheme to refuse to grant a person an authorisation;

(mb) a decision under the integrated public number database

scheme to impose conditions on the grant of an authorisation;

(mc) a decision under the integrated public number database

scheme to vary or revoke an authorisation;

(md) a decision under the integrated public number database

scheme specified in an instrument under section 295Q;

(n) a decision under section 352 to refuse to make a declaration;

(o) a decision under section 356 to refuse to make a declaration;

(p) a decision under section 394 to refuse to issue a connection

permit;

(q) a decision to make a declaration under section 397 (which

deals with duration of connection permits);

(r) a decision under paragraph 398(1)(c) or subsection 398(3) to

specify, impose, vary or revoke a condition of a connection

permit;

(s) a decision under section 402 to cancel a connection permit;

(t) a decision under section 427 to refuse to grant a cabling

licence;

(u) a decision under section 432 to specify, impose, vary or

revoke a condition of a cabling licence;

(v) a decision under section 438 to cancel a cabling licence;

(w) a decision of a kind referred to in subsection 468(6) (which

deals with remission of late payment penalty);

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Decisions that may be subject to reconsideration by the ACMA Part 1

Clause 1

Telecommunications Act 1997 195

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(x) a decision under subsection 468(10) (which deals with the

withdrawal of numbers);

(xa) a decision under clause 5 of Schedule 1 to refuse to issue an

exemption certificate;

(xb) a decision under clause 5 of Schedule 1 to cancel an

exemption certificate;

(y) a decision under clause 34 of Schedule 3 to cancel a facility

installation permit;

(za) a decision under clause 56 of Schedule 3A to refuse to grant

a protection zone installation permit, where none of the

reasons for the decision relate to security (within the meaning

of that Schedule);

(zaa) a decision under clause 58A of Schedule 3A to:

(i) specify a condition in a protection zone installation

permit (other than a condition specified under

paragraph 58A(1)(d) of Schedule 3A); or

(ii) vary a condition of a protection zone installation permit

(other than a condition specified under

paragraph 58A(1)(d) of Schedule 3A);

(zb) a decision under clause 61 of Schedule 3A to refuse to extend

the duration of a protection zone installation permit;

(zc) a decision under clause 62 of Schedule 3A to suspend or

cancel a protection zone installation permit;

(zd) a decision under clause 69 of Schedule 3A to refuse to grant

a non-protection zone installation permit, where none of the

reasons for the decision relate to security (within the meaning

of that Schedule);

(zda) a decision under clause 73A of Schedule 3A to:

(i) specify a condition in a non-protection zone installation

permit (other than a condition specified under

paragraph 73A(1)(c) of Schedule 3A); or

(ii) vary a condition of a non-protection zone installation

permit (other than a condition specified under

paragraph 73A(1)(c) of Schedule 3A);

(ze) a decision under clause 76 of Schedule 3A to refuse to extend

the duration of a non-protection zone installation permit;

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Schedule 4 Reviewable decisions of the ACMA

Part 1 Decisions that may be subject to reconsideration by the ACMA

Clause 1

196 Telecommunications Act 1997

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(zf) a decision under clause 77 of Schedule 3A to suspend or

cancel a non-protection zone installation permit.

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Reviewable decisions of the ACMA Schedule 4

Decisions to which section 556 does not apply Part 2

Clause 2

Telecommunications Act 1997 197

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 2—Decisions to which section 556 does not

apply

2 Decisions to which section 556 does not apply

The following kinds of decisions are specified for the purposes of

subsection 556(1):

(a) a decision under section 56 or 58 to refuse to grant a carrier

licence;

(b) a decision under section 427 to refuse to grant a cabling

licence;

a condition of a cabling licence, being a decision on an

application made under paragraph 433(1)(b).

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Endnotes

Endnote 1—About the endnotes

198 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

Telecommunications Act 1997 199

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

200 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnote 3—Legislation history

Telecommunications Act 1997 201

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications Act

1997

47, 1997 22 Apr

1997

ss. 41–51, 56–85, 98–

495, 507–576, 579–588,

590–593 and

Schedules 1–4: 1 July

1997

ss. 52–55: 5 June 1997

Remainder: Royal

Assent

Telecommunications

(Transitional Provisions

and Consequential

Amendments) Act 1997

59, 1997 3 May 1997 Schedule 4 (items 1, 2):

1 Jan 1998 (see Gazette

1997, No. GN49) (a)

—

Australian National

Railways Commission

Sale Act 1997

96, 1997 30 June

1997

Schedule 4 (items 18–

20): 1 Nov 2000 (see

Gazette 2000, No. S562)

(b)

—

Telecommunications

Legislation Amendment

Act 1997

200, 1997 16 Dec

1997

Schedule 1 and

Schedule 2 (items 1–27):

Royal Assent (c)

Sch. 1 (item 11)

and Sch. 2

(item 9)

as amended by

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Schedule 2 (item 31): 16

Dec 1997 (s 2(1)

item 60)

—

Telecommunications

Amendment Act 1998

4, 1998 26 Mar

1998

Schedule 1 (item 4): 23

Apr 1998

Remainder: Royal

Assent

ss. 4 and 5

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Endnotes

Endnote 3—Legislation history

202 Telecommunications Act 1997

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Social Security

Legislation Amendment

(Youth Allowance

Consequential and

Related Measures) Act

1998

45, 1998 17 June

1998

Schedule 13 (item 49):

1 July 1998 (d)

—

Financial Sector Reform

(Consequential

Amendments) Act 1998

48, 1998 29 June

1998

Schedule 1 (item 193):

1 July 1998 (see Gazette

1998, No. S316) (e)

—

Telecommunications

Amendment Act (No. 2)

1998

119, 1998 11 Dec

1998

11 Dec 1998 —

Telecommunications

Laws Amendment

(Universal Service Cap)

Act 1999

42, 1999 11 June

1999

Schedule 1: Royal

Assent (f)

Sch. 1 (item 5)

Telecommunications

Legislation Amendment

Act 1999

52, 1999 5 July 1999 Schedule 1 (items 1–5):

Royal Assent (g)

Schedule 2: 2 Aug 1999

(g)

Schedule 3 (items 9–64):

2 Aug 1999 (g)

Schedule 4 (items 1–16,

21–29): 1 July 1999 (g)

Sch. 3 (items 77–

82) and Sch. 4

(items 21–29)

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Endnote 3—Legislation history

Telecommunications Act 1997 203

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Environmental Reform

(Consequential

Provisions) Act 1999

92, 1999 16 July

1999

Schedule 2 (items 14–

21), Schedule 3

(items 56, 57),

Schedule 4 (items 74,

75), Schedule 6

(items 5–8) and

Schedule 7 (items 21–

31): 16 July 2000 (h)

Sch. 2 (items 19,

21), Sch. 6

(items 6, 8) and

Sch. 7 (items 25,

28, 31)

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov

1999

Schedule 1 (items 916,

917): 5 Dec 1999 (see

Gazette 1999, No. S584)

(i)

—

Australian Security

Intelligence Organisation

Legislation Amendment

Act 1999

161, 1999 10 Dec

1999

Schedule 3 (items 58–

61): (j)

—

Broadcasting Services

Amendment Act (No. 1)

1999

197, 1999 23 Dec

1999

Schedule 3 (items 12,

13): Royal Assent (k)

—

Telecommunications

(Consumer Protection

and Service Standards)

Amendment Act (No. 2)

2000

142, 2000 29 Nov

2000

Schedule 3 (items 1–5):

1 July 2000 (l)

Schedule 4: Royal

Assent (l)

Sch. 4

Telecommunications

Legislation Amendment

Act 2000

152, 2000 21 Dec

2000

21 Dec 2000 —

Privacy Amendment

(Private Sector) Act

2000

155, 2000 21 Dec

2000

Schedule 3: Royal

Assent

Remainder: 21 Dec 2001

—

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Endnotes

Endnote 3—Legislation history

204 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Communications and the

Arts Legislation

Amendment

(Application of Criminal

Code) Act 2001

5, 2001 20 Mar

2001

s. 4 and Schedule 1

(items 101–162): (m)

s. 4

Communications and the

Arts Legislation

Amendment Act 2001

46, 2001 5 June 2001 5 June 2001 s. 5

Corporations (Repeals,

Consequentials and

Transitionals) Act 2001

55, 2001 28 June

2001

ss. 4–14 and Schedule 3

(items 511, 512): 15 July

2001 (see Gazette 2001,

No. S285) (n)

ss. 4–14

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Schedule 1 (item 33):

1 July 1999

—

Australian Crime

Commission

Establishment Act 2002

125, 2002 10 Dec

2002

Schedule 2 (items 188,

189): 1 Jan 2003

—

Telecommunications

Competition Act 2002

140, 2002 19 Dec

2002

19 Dec 2002 Sch. 1 (items 6,

15C, 15D, 24)

Australian Heritage

Council (Consequential

and Transitional

Provisions) Act 2003

86, 2003 23 Sept

2003

Schedules 1 and 2: 1 Jan

2004 (see s. 2(1) and

Gazette 2003, No.

GN47)

Remainder: Royal

Assent

—

Communications

Legislation Amendment

Act (No. 3) 2003

108, 2003 24 Oct

2003

Schedule 1 (items 25–

48): 21 Nov 2003

Sch. 1 (item 48)

Communications

Legislation Amendment

Act (No. 1) 2003

114, 2003 27 Nov

2003

Schedule 2: 27 Mar 2003

Remainder: 28 Nov 2003

—

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 205

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Spam (Consequential

Amendments) Act 2003

130, 2003 12 Dec

2003

Schedule 1 (items 42–

87): 10 Apr 2004 (see s.

2(1))

Remainder: Royal

Assent

Sch. 1 (items 40,

41)

Designs (Consequential

Amendments) Act 2003

148, 2003 17 Dec

2003

Sch 1 and 2: 17 June

2004 (s 2(1) item 2)

Remainder: 17 Dec 2003

—

Communications

Legislation Amendment

Act (No. 1) 2004

35, 2004 20 Apr

2004

21 Apr 2004 —

US Free Trade

Agreement

Implementation Act

2004

120, 2004 16 Aug

2004

Schedule 9 (item 192): 1

Jan 2005

—

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb

2005

s. 4 and Schedule 1

(items 427, 428): Royal

Assent

s. 4

Australian

Communications and

Media Authority

(Consequential and

Transitional Provisions)

Act 2005

45, 2005 1 Apr 2005 Schedule 1 (items 127–

160) and Schedule 4:

1 July 2005 (o)

Schedule 2: (o)

Sch. 4

Telecommunications and

Other Legislation

Amendment (Protection

of Submarine Cables and

Other Measures) Act

2005

104, 2005 23 Aug

2005

Schedule 1 (items 1–7):

20 Sept 2005

Schedule 1 (items 8–

105): (p)

Schedule 2: 24 Aug 2005

Remainder: Royal

Assent

—

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Endnotes

Endnote 3—Legislation history

206 Telecommunications Act 1997

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications

Legislation Amendment

(Future Proofing and

Other Measures) Act

2005

117, 2005 23 Sept

2005

Schedule 3: 23 Mar 2006 —

Telecommunications

Legislation Amendment

(Competition and

Consumer Issues) Act

2005

119, 2005 23 Sept

2005

Schedules 1, 3, 8, 10 and

13: 24 Sept 2005

Schedule 2: 21 Oct 2005

Schedule 11 (items 1–7):

1 Jan 2006 (see

F2005L04117)

Sch. 1 (item 2),

Sch. 2 (item 3)

and Sch. 3

(item 4)

Offshore Petroleum

(Repeals and

Consequential

Amendments) Act 2006

17, 2006 29 Mar

2006

Schedule 2 (items 108–

111): 1 July 2008 (see s.

2(1) and F2008L02273)

—

Telecommunications

(Interception)

Amendment Act 2006

40, 2006 3 May 2006 Schedule 1 (items 24A–

24G): 13 June 2006 (see

F2006L01623)

—

Law Enforcement

Integrity Commissioner

(Consequential

Amendments) Act 2006

86, 2006 30 June

2006

Schedule 1 (items 73–

75): 30 Dec 2006

—

Do Not Call Register

(Consequential

Amendments) Act 2006

89, 2006 30 June

2006

Schedule 1 (items 42–

73): 31 May 2007 (see s.

2(1) and F2007L01114)

Remainder: Royal

Assent

—

Telecommunications

Amendment (Integrated

Public Number

Database) Act 2006

155, 2006 8 Dec 2006 Schedule 1: 15 May

2007 (see F2007L01311)

Remainder: Royal

Assent

Sch. 1 (item 12)

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 207

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Communications

Legislation Amendment

(Content Services) Act

2007

124, 2007 20 July

2007

Schedule 1 (items 96–

99): 20 Jan 2008

Schedule 2 (item 2):

20 July 2008

—

Telecommunications

(Interception and

Access) Amendment Act

2007

177, 2007 28 Sept

2007

Schedule 1 (items 16–54,

57–68): 1 Nov 2007 (see

F2007L03941)

Sch. 1 (items 57–

68)

Telecommunications

Legislation Amendment

(National Broadband

Network) Act 2008

22, 2008 26 May

2008

27 May 2008 —

Offshore Petroleum

Amendment

(Greenhouse Gas

Storage) Act 2008

117, 2008 21 Nov

2008

Schedule 3 (item 59): 22

Nov 2008

—

Telecommunications

Amendment (Integrated

Public Number

Database) Act 2009

16, 2009 26 Mar

2009

27 Mar 2009 —

Statute Stocktake

(Regulatory and Other

Laws) Act 2009

111, 2009 16 Nov

2009

Schedule 1 (items 51–

54): 17 Nov 2009

—

Statute Law Revision

Act 2010

8, 2010 1 Mar 2010 Schedule 5 (items 112–

122): Royal Assent

Schedule 5 (item 137(a),

(c)): (q)

—

Do Not Call Register

Legislation Amendment

Act 2010

46, 2010 18 May

2010

Schedule 1 (items 95–

140): 30 May 2010 (see

F2010L01325)

—

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Endnotes

Endnote 3—Legislation history

208 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Freedom of Information

Amendment (Reform)

Act 2010

51, 2010 31 May

2010

Sch 5 (items 59–75) and

Sch 7: 1 Nov 2010

(s 2(1) item 7)

Sch 7

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July

2010

Schedule 6 (items 1,

105–138): 1 Jan 2011

—

Telecommunications

Legislation Amendment

(Competition and

Consumer Safeguards)

Act 2010

140, 2010 15 Dec

2010

Sch 1 (items 1A, 241–

244, 251–253): 16 Dec

2010 (s 2(1) items 1A, 8,

11, 12)

Sch 1 (items 6–31, 70–

113, 199–201, 246–250):

1 Jan 2011 (s 2(1)

items 2, 5, 10)

Sch 1 (items 41–56):

awaiting commencement

(s 2(1) item 3)

Sch 1 (items 60–64,

64A, 64B, 65): 6 Mar

2012 (s 2(1) item 4)

Sch 1 (item 245): 15 Mar

2011 (s 2(1) item 9)

Sch 1 (items 199–

201, 244, 250)

Statute Law Revision

Act 2011

5, 2011 22 Mar

2011

Schedule 5 (items 211,

212), Schedule 6

(items 107–115, 137)

and Schedule 7

(items 131–134): 19 Apr

2011

—

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 209

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications

Legislation Amendment

(National Broadband

Network Measures—

Access Arrangements)

Act 2011

23, 2011 12 Apr

2011

Sch 1 (items 1–24, 84):

13 Apr 2011 (s 2(1)

items 2, 3)

Sch 1 (items 85–88):

12 Apr 2012 (s 2(1)

item 4)

—

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Schedule 2 (items 1114–

1136) and Schedule 3

(items 10, 11): 27 Dec

2011

Sch 3 (items 10,

11)

Telecommunications

Legislation Amendment

(Fibre Deployment) Act

2011

107, 2011 26 Sept

2011

Sch 1 (items 1–15):

27 Sept 2011

Sch 1 (item 16): 27 Sept

2011 (s 2(1) items 2, 3)

Remainder: 26 Sept

2011 (s 2(1) item 1)

—

Telecommunications

Legislation Amendment

(Universal Service

Reform) Act 2012

44, 2012 16 Apr

2012

Sch 1 (items 7–55):

1 July 2012 (s 2(1)

item 2)

—

Cybercrime Legislation

Amendment Act 2012

120, 2012 12 Sept

2012

Sch 1 (item 1) and Sch 2

(items 28–31, 51(1), 52,

54–56): 10 Oct 2012 (s

2(1) item 2)

Sch 2

(items 51(1), 52,

56)

Statute Law Revision

Act 2012

136, 2012 22 Sept

2012

Sch 1 (item 121): 22

Sept 2012 (s 2(1) item 2)

—

Australian Charities and

Not-for-profits

Commission

(Consequential and

Transitional) Act 2012

169, 2012 3 Dec 2012 Sch 2 (items 211–214):

3 Dec 2012 (s 2(1)

item 7)

—

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Endnotes

Endnote 3—Legislation history

210 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Privacy Amendment

(Enhancing Privacy

Protection) Act 2012

197, 2012 12 Dec

2012

Sch 5 (items 84–96,

136–145) and Sch 6

(items 15–19): 12 Mar

2014 (s 2(1) items 3, 19)

Sch 6 (item 1): 12 Dec

2012 (s 2(1) item 16)

Sch 6 (items 1,

15–19)

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 3 (items 198–282,

343) and Sch 4

(items 44–47): 29 June

2013 (s 2(1) item 16

Sch 3 (item 343)

Telecommunications

Legislation Amendment

(Consumer Protection)

Act 2014

3, 2014 28 Feb

2014

Sch 1 (items 8–30):

1 Mar 2014 (s 2(1)

item 2)

Sch 1 (item 33): 12 Mar

2014 (s 2(1) item 4)

—

Statute Law Revision

Act (No. 1) 2014

31, 2014 27 May

2014

Sch 1 (item 70), Sch 4

(item 55) and Sch 8

(item 42): 24 June 2014

(s 2(1) items 2, 9)

—

Telecommunications

Legislation Amendment

(Submarine Cable

Protection) Act 2014

33, 2014 27 May

2014

Sch 1 (items 4–101):

28 May 2014 (s 2(1)

item 2)

Sch 1 (items 89–

101)

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 211

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 12 (items 189, 190)

and Sch 14: 1 July 2014

(s 2(1) items 6, 14)

Sch 14

as amended by

Public Governance

and Resources

Legislation

Amendment Act

(No. 1) 2015

36, 2015 13 Apr

2015

Sch 2 (items 7–9) and

Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and

Instruments

(Framework

Reform)

(Consequential

Provisions) Act

2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 495): 5 Mar

2016 (s 2(1) item 2)

—

Omnibus Repeal Day

(Autumn 2014) Act 2014

109, 2014 16 Oct

2014

Sch 2 (items 25–44, 105,

146–153, 162–165, 243–

245): 17 Oct 2014 (s

2(1) item 2)

Sch 2 (items 39–

41 and 162–165)

Statute Law Revision

Act (No. 1) 2015

5, 2015 25 Feb

2015

Sch 5 (item 7): 25 Mar

2015 (s 2(1) item 10)

—

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Endnotes

Endnote 3—Legislation history

212 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Acts and Instruments

(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 1 (items 163, 166–

179) and Sch 3

(items 325–336, 348,

349): 5 Mar 2016 (s 2(1)

item 2)

Sch 1 (items 166–

179) and Sch 3

(items 348, 349)

as amended by

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 3 (item 1): 5 Mar

2016 (s 2(1) item 8)

—

Enhancing Online Safety

for Children

(Consequential

Amendments) Act 2015

25, 2015 24 Mar

2015

Sch 2 (items 16–27) and

Sch 3: 1 July 2015 (s

2(1) items 4, 5, 6)

Sch 3

Telecommunications

Legislation Amendment

(Deregulation) Act 2015

38, 2015 13 Apr

2015

Sch 1 (items 14–61):

1 July 2015 (s 2(1)

item 3)

Sch 4 (items 1–34) and

Sch 6 (items 1–12): 14

Apr 2015 (s 2(1) item 6)

Sch 6 (items 10–

12)

Telecommunications

(Interception and

Access) Amendment

(Data Retention) Act

2015

39, 2015 13 Apr

2015

Sch 1 (items 2–4, 7):

13 Oct 2015 (s 2(1)

item 2)

Sch 1 (item 8–12):

13 Apr 2015 (s 2(1)

items 1, 3)

Sch 1 (items 7–

12)

Customs and Other

Legislation Amendment

(Australian Border

Force) Act 2015

41, 2015 20 May

2015

Sch 5 (items 160, 161)

and Sch 9: 1 July 2015

(s 2(1) items 2, 7)

Sch 5 (item 161)

and Sch 9

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 213

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Norfolk Island

Legislation Amendment

Act 2015

59, 2015 26 May

2015

Sch 2 (items 343, 344):

1 July 2016 (s 2(1)

item 5)

Sch 2 (items 356–396):

18 June 2015 (s 2(1)

item 6)

Sch 2 (items 356–

396)

as amended by

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar

2016

Sch 2: 24 Mar 2016

(s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (items 604–620): 5

Mar 2016 (s 2(1) item 2)

—

Statute Law Revision

Act (No. 2) 2015

145, 2015 12 Nov

2015

Sch 1 (item 16): 10 Dec

2015 (s 2(1) item 2)

—

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb

2016

Sch 4 (items 1, 307–

311): 10 Mar 2016

(s 2(1) item 6)

—

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar

2016

Sch 5 (items 86, 87):

1 July 2016 (s 2(1)

item 7)

—

Enhancing Online Safety

for Children Amendment

Act 2017

51, 2017 22 June

2017

Sch 1 (items 38–48, 51):

23 June 2017 (s 2(1)

item 1)

Sch 1 (items 48,

51)

(a) The Telecommunications Act 1997 was amended by Schedule 4 (items 1 and

2) only of the Telecommunications (Transitional Provisions and

Consequential Amendments) Act 1997, subsection 2(4) of which provides as

follows:

(4) Schedule 4 commences on the commencement of the Financial

Management and Accountability Act 1997.

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Endnotes

Endnote 3—Legislation history

214 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) The Telecommunications Act 1997 was amended by Schedule 4 (items 18–

20) only of the Australian National Railways Commission Sale Act 1997,

subsection 2(5) of which provides as follows:

(5) The remaining items of Schedule 3 and Schedule 4 commence on a day

to be fixed by Proclamation. The day must not be earlier than the later of

the day proclaimed for the purposes of subsection (2) and the day

proclaimed for the purposes of subsection (3).

(c) The Telecommunications Act 1997 was amended by Schedule 1 and

Schedule 2 (items 1–27) only of the Telecommunications Legislation

Amendment Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2), (3) and (4), this Act commences on the day on

which it receives the Royal Assent.

(d) The Telecommunications Act 1997 was amended by Schedule 13 (item 49)

only of the Social Security Legislation Amendment (Youth Allowance

Consequential and Related Measures) Act 1998, subsection 2(1) of which

provides as follows:

(1) Subject to subsections (2) to (10), this Act commences on 1 July 1998.

(e) The Telecommunications Act 1997 was amended by Schedule 1 (item 193)

only of the Financial Sector Reform (Consequential Amendments) Act 1998,

subsection 2(2) of which provides as follows:

(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the

commencement of the Australian Prudential Regulation Authority Act

1998.

(f) The Telecommunications Act 1997 was amended by Schedule 1 only of the

Telecommunications Laws Amendment (Universal Service Cap) Act 1999,

subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(g) The Telecommunications Act 1997 was amended by the Telecommunications

Legislation Amendment Act 1999, subsections 2(1)–(4) and (6) of which

provide as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(2) Subject to subsection (3), Schedule 2 commences on 1 January 1999.

(3) If the 28th day after the day on which this Act receives the Royal Assent

is later than 1 January 1999, Schedule 2 commences on that 28th day.

(4) Subject to subsection (5), Schedule 3 commences on the commencement

of section 1 of the Telecommunications (Consumer Protection and

Service Standards) Act 1999.

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 215

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) Schedule 4 commences on 1 July 1999.

(h) The Telecommunications Act 1997 was amended by the Environmental

Reform (Consequential Provisions) Act 1999, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act commences when the Environment

Protection and Biodiversity Conservation Act 1999 commences.

(i) The Telecommunications Act 1997 was amended by Schedule 1 (items 916

and 917) only of the Public Employment (Consequential and Transitional)

Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service

Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(j) The Telecommunications Act 1997 was amended by Schedule 3 (items 58–

61) only of the Australian Security Intelligence Organisation Legislation

Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) This Act (other than Schedule 3) commences on the day on which it

receives the Royal Assent.

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately

after the commencement of the other Schedules to this Act.

(k) The Telecommunications Act 1997 was amended by Schedule 3 (items 12 and

13) only of the Broadcasting Services Amendment Act (No. 1) 1999,

subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(l) The Telecommunications Act 1997 was amended by Schedule 3 (items 1–5)

only of the Telecommunications (Consumer Protection and Service

Standards) Amendment Act (No. 2) 2000, subsections 2(1) and (2) of which

provide as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(2) Schedules 1 to 3 (other than items 10, 11 and 13 of Schedule 3)

commence, or are taken to have commenced, on 1 July 2000.

(m) The Telecommunications Act 1997 was amended by Schedule 1 (items 101–

162) only of the Communications and the Arts Legislation Amendment

(Application of Criminal Code) Act 2001, subsection 2(1)(a) of which

provides as follows:

(1) Subject to this section, this Act commences at the latest of the following

times:

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Endnotes

Endnote 3—Legislation history

216 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) immediately after the commencement of item 15 of Schedule 1 to the

Criminal Code Amendment (Theft, Fraud, Bribery and Related

Offences) Act 2000;

Item 15 commenced on 24 May 2001.

(n) The Telecommunications Act 1997 was amended by Schedule 3 (items 511

and 512) only of the Corporations (Repeals, Consequentials and

Transitionals) Act 2001, subsection 2(3) of which provides as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to

have commenced, at the same time as the Corporations Act 2001.

(o) Subsection 2(1) (items 2, 3 and 10) of the Australian Communications and

Media Authority (Consequential and Transitional Provisions) Act 2005

provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Provision(s) Commencement Date/Details

2. Schedule 1 At the same time as section 6 of the Australian

Communications and Media Authority Act 2005

commences.

1 July 2005

3. Schedule 2 Immediately after the commencement of the

provision(s) covered by table item 2.

1 July 2005

10. Schedule 4 At the same time as section 6 of the Australian

Communications and Media Authority Act 2005

commences.

1 July 2005

(p) Subsection 2(1) (items 2 and 3) of the Telecommunications and Other

Legislation Amendment (Protection of Submarine Cables and Other

Measures) Act 2005 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Provision(s) Commencement Date/Details

2. Schedule 1,

Part 1

The 28th day after the day on which this Act

receives the Royal Assent.

20 September

2005

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Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 217

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision(s) Commencement Date/Details

3. Schedule 1,

Part 2

Immediately after the commencement of the

provisions in Part 1 of Schedule 1 to this Act.

However, if Part 1 of Schedule 1 to this Act

commences before section 6 of the Australian

Communications and Media Authority Act 2005,

the provision(s) do not commence at all.

20 September

2005

(q) Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010

provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Provision(s) Commencement Date/Details

31. Schedule 5,

items 1 to 51

The day this Act receives the Royal Assent. 1 March 2010

38. Schedule 5,

Parts 2 and 3

Immediately after the provision(s) covered by table

item 31.

1 March 2010

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Endnotes

Endnote 4—Amendment history

218 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnote 4—Amendment history

Provision affected How affected

Part 1

s. 2 ................................................. am. No. 5, 2001

s. 3 ................................................. am. No. 130, 2003; No. 89, 2006; No. 111, 2009; Nos. 46, 103 and

140, 2010; No. 44, 2012

s. 5 ................................................. am. No. 52, 1999; No. 5, 2001; No. 140, 2002; No. 130, 2003;

No. 45, 2005; Nos. 40 and 89, 2006; No. 177, 2007; No. 46, 2010;

No 109, 2014; No 38, 2015

s. 6 ................................................. am. No. 52, 1999; No. 5, 2001; No. 119, 2005; No. 177, 2007;

No 109, 2014

s 7 .................................................. am No 200, 1997; No 4, 1998; No 52, 1999; No 161, 1999; No 142,

2000; No 125, 2002; No 130, 2003; No 35, 2004; No 45, 2005; No

86, 2006; No 89, 2006; No 155, 2006; No 124, 2007; No 177, 2007;

No 22, 2008; No 111, 2009; No 8, 2010; No 46, 2010; No 103, 2010;

No 140, 2010; No 5, 2011; No 23, 2011; No 107, 2011; No 44, 2012;

No 169, 2012; No 31, 2014; No 62, 2014 No 109, 2014; No 38,

2015; No 39, 2015

s. 7A .............................................. ad. No. 200, 1997

rep. No. 177, 2007

s 8 .................................................. am No 59, 2015

s 10 ................................................ am No 33, 2016

s. 11 ............................................... am. No. 17, 2006; No. 117, 2008; No. 46, 2011

s. 11A ............................................ ad. No. 5, 2001

s 15 ................................................ am No 103, 2013

s. 17 ............................................... rep. No. 52, 1999

s. 19 ............................................... am. No. 45, 2005; No. 44, 2012

s. 22 ............................................... am. No. 4, 1998; No. 107, 2011; No 38, 2015

s. 23 ............................................... am. No. 45, 1998; No. 55, 2001; No 103, 2013

Part 2

Division 2

s. 27 ............................................... am. No. 55, 2001

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 219

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s 29 ................................................ am No 103, 2013

Division 3

s. 30 ............................................... am. No. 4, 1998

s 31 ................................................ am No 103, 2013

Div 4

s 40 ................................................ am No 103, 2013

Part 3

Division 1

s. 41 ............................................... am. No. 45, 2005

Division 2

s. 42 ............................................... am. No. 5, 2001; No 4, 2016

s. 43 ............................................... am No 4, 2016

s 44 ................................................ am No 103, 2013

s. 45 ............................................... am. No. 5, 2011

s. 46 ............................................... am. No. 161, 1999

s. 47 ............................................... am. No. 96, 1997

s. 48 ............................................... am. No. 197, 1999

s 51 ................................................ am No 103, 2013

Division 3

s. 52 ............................................... am. No. 45, 2005

s. 53 ............................................... am. No. 45, 2005

Heading to s. 53A.......................... am. No. 177, 2007

s. 53A ............................................ ad. No. 35, 2004

am. No. 45, 2005; No. 177, 2007

s. 55 ............................................... am. No. 35, 2004; No. 45, 2005

s. 56 ............................................... am. No. 45, 2005

Heading to s. 56A.......................... am. No. 177, 2007

s. 56A ............................................ ad. No. 35, 2004

am. No. 45, 2005; No. 177, 2007

Note to s. 56A(2) .......................... am. No. 45, 2005; No. 177, 2007

s. 57 ............................................... am. No. 52, 1999; No. 44, 2012; No 38, 2015

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Endnotes

Endnote 4—Amendment history

220 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 58 ............................................... am. No. 45, 2005; No. 44, 2012; No 38, 2015

s. 58A ............................................ ad. No. 35, 2004

am. No. 45, 2005

s. 59 ............................................... rs. No. 35, 2004

am. No. 45, 2005; No. 177, 2007

s. 60 ............................................... am. No. 45, 2005

s. 61 ............................................... am. No. 119, 2005; No. 140, 2010 (Sch 1 items 41, 42)

s. 61A ............................................ ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

Heading to s. 62............................. am. No. 103, 2010

s. 62 ............................................... am. No. 103, 2010

Note to s. 62 .................................. am. No. 103, 2010

s. 62A ............................................ ad. No. 140, 2010

s. 62B ............................................ ad. No. 140, 2010

s. 62C ............................................ ad. No. 140, 2010

s. 62D ............................................ ad. No. 23, 2011

s. 62E............................................. ad. No. 23, 2011

s 63 ................................................ am No 10, 2015

s. 66 ............................................... rep. No. 142, 2000

s. 67 ............................................... am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 69 ............................................... am. Nos. 45 and 119, 2005; No 103, 2010; No 140, 2010 (Sch 1

item 44); No. 23, 2011; No 126, 2015

s. 69AA ......................................... ad. No. 140, 2010

s. 69A ............................................ ad. No. 119, 2005

rep. No. 140, 2010

s. 69B ............................................ ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

s. 70 ............................................... am. Nos. 45 and 119, 2005; No 103, 2010; No 140, 2010 (Sch 1

items 47–49); No. 23, 2011

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 221

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Note to s. 70(3) ............................. rs. No. 140, 2010

Note to s. 70(4) ............................. am. No. 103, 2010

s. 71 ............................................... am. No. 45, 2005

s. 72 ............................................... am. No. 45, 2005; No. 44, 2012; No 38, 2015

Note to s. 72(2) ............................. am. No. 44, 2012

Subhead. to s. 73(9) ...................... am. No. 8, 2005

Subhead to s 73(10) ....................... rs No 103, 2013

s. 73 ............................................... am. Nos. 8 and 45, 2005; No 103, 2013

s. 73A ............................................ ad. No. 35, 2004

am. No. 45, 2005

s. 74 ............................................... am. No. 45, 2005

Division 4

s. 77 ............................................... am. No. 45, 2005

s. 78 ............................................... am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015

s. 79 ............................................... am. No. 45, 2005

s. 80 ............................................... am. No. 45, 2005

s. 81 ............................................... am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015

s. 81A ............................................ ad. No. 4, 1998

am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 82 ............................................... am. No. 45, 2005

s. 83 ............................................... am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015

Division 5

s. 84 ............................................... am. No. 45, 2005

Part 4

Division 3

s 87 ................................................ am No 46, 2011; No 103, 2013; No 126, 2015

s 88 ................................................ am No 103, 2013

s. 90 ............................................... am. No. 5, 2011

s. 91 ............................................... am. No. 161, 1999

s. 92 ............................................... am. No. 96, 1997

s. 93 ............................................... am. No. 197, 1999

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Endnote 4—Amendment history

222 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s 95 ................................................ am No 46, 2011; No 103, 2013; No 126, 2015

s 96 ................................................ am No 46, 2011; No 103, 2013; No 126, 2015

Division 5

s. 98 ............................................... am. Nos. 103 and 140, 2010; No. 23, 2011

Note to s. 98(2) ............................. am. No. 103, 2010

s. 99 ............................................... am. No. 45, 2005; No 103, 2013

s 100 .............................................. am No 103, 2013

s. 102 ............................................. am. No. 45 and 119, 2005; No. 103 and 140, 2010; No. 23, 2011; No

126, 2015

s. 103 ............................................. am. No. 45, 2005; Nos. 103 and 140, 2010; No. 23, 2011

Note to s. 103(3) ........................... am. No. 103, 2010

Part 5

s. 104 ............................................. am. No. 200, 1997; No. 45, 2005; No. 140, 2010 (Sch 1 item 50)

Heading to s. 105........................... am. No. 200, 1997

s 105 .............................................. am No 200, 1997; No 52, 1999; No 142, 2000; No 45, 2005; No 111,

2009; No 44, 2012; No 31, 2014; No 38, 2015; No 39, 2015

s. 105A .......................................... ad. No. 200, 1997

am. No. 45, 2005

s 105B ........................................... ad No 140, 2010

s. 105C .......................................... ad. No. 140, 2010

Part 6

Division 1

s. 106 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

38, 2015

Division 2

s. 108A .......................................... ad. No. 130, 2003

am No 31, 2014

s. 108B .......................................... ad. No. 130, 2003

s. 109 ............................................. am. No. 130, 2003

s. 109A .......................................... ad. No. 130, 2003

rep No 38, 2015

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Endnote 4—Amendment history

Telecommunications Act 1997 223

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 109B .......................................... ad. No. 89, 2006

s. 109C .......................................... ad. No. 46, 2010

s. 110 ............................................. am. No. 130, 2003; No. 45, 2005; No. 23, 2011

s. 110A .......................................... ad. No. 130, 2003

rep No 38, 2015

am. No. 45, 2005

s. 110B .......................................... ad. No. 89, 2006

s. 110C .......................................... ad. No. 46, 2010

s. 111A .......................................... ad. No. 130, 2003

rep No 38, 2015

s. 111AA ....................................... ad. No. 89, 2006

s. 111AB........................................ ad. No. 46, 2010

s. 111B .......................................... ad. No. 130, 2003

Division 3

s. 112 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos. 46 and 140,

2010; No 38, 2015

s. 113 ............................................. am. No. 130, 2003; No. 89, 2006; Nos. 8 and 46, 2010; No. 23, 2011;

No 38, 2015

s. 115 ............................................. am. No. 130, 2003; No. 120, 2004; No. 23, 2011

s. 116A .......................................... ad. No. 155, 2000

am No 197, 2012

Division 4

s. 117 ............................................. am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos.

46 and 51, 2010; No 197, 2012; No 3, 2014; No 38, 2015

Note to s. 117(4) ........................... ad. No. 155, 2000

Heading to s. 118........................... am. No. 45, 2005

s. 118 ............................................. am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos.

46 and 51, 2010; No. 23, 2011; No 197, 2012; No 38, 2015

Note to s. 118(1) ........................... ad. No. 155, 2000

am. No. 45, 2005; No. 51, 2010; No 197, 2012

Heading to s. 119........................... am. No. 130, 2003; No. 89, 2006; No. 46, 2010

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Endnotes

Endnote 4—Amendment history

224 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 119 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

38, 2015

s 119A ........................................... ad No 3, 2014

am No 3, 2014; No 38, 2015

s 119B ........................................... ad No 3, 2014

s. 120 ............................................. am. No. 155, 2000; No. 45, 2005; No 3, 2014

s. 121 ............................................. am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89,

2006; Nos. 46 and 51, 2010; No 197, 2012; No 38, 2015; No 126,

2015

s. 122 ............................................. am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89,

2006; Nos. 46 and 51, 2010; No 197, 2012; No 38, 2015

s. 122A .......................................... ad. No. 155, 2000

am. No. 45, 2005

Division 5

Heading to s. 123........................... am. No. 45, 2005

s. 123 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010;

No. 136, 2012; No 103, 2013; No 38, 2015

Heading to s. 124........................... am. No. 45, 2005

s. 124 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

103, 2013; No 38, 2015

Heading to s. 125........................... am. No. 45, 2005

s. 125 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

103, 2013; No 38, 2015

s. 125AA ....................................... ad. No. 140, 2010

am. No. 23, 2011

s. 125A .......................................... ad. No. 89, 2006

s. 125B .......................................... ad. No. 46, 2010

s. 126 ............................................. am. No. 45, 2005

s 127 .............................................. am No 45, 2005

rep No 5, 2015

s. 128 ............................................. am. No. 130, 2003; No. 89, 2006; No. 46, 2010; No 38, 2015

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Endnote 4—Amendment history

Telecommunications Act 1997 225

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 129 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

38, 2015

s. 130 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

103, 2013; No 38, 2015

Note to s. 130 ................................ ad. No. 155, 2000

am. No. 45, 2005; No. 51, 2010; No 197, 2012

s. 131 ............................................. am. No. 45, 2005; No 103, 2013

s. 132 ............................................. am. No. 45, 2005

s. 133 ............................................. am. No. 45, 2005; No. 89, 2006; No. 46, 2010

Heading to s. 134........................... am. No. 51, 2010

s. 134 ............................................. am. No. 155, 2000; No. 45, 2005; No. 51, 2010; No 197, 2012

s. 135 ............................................. am. No. 45, 2005

s. 135A .......................................... ad. No. 89, 2006

am. No. 46, 2010

Division 6

Heading to s. 136........................... am. No. 45, 2005

s. 136 ............................................. am. No. 155, 2000; No. 45, 2005; No 3, 2014

Div 6A

hdg to Div 6A of Pt 6 .................... am No 3, 2014

Div. 6A of Part 6 ........................... ad. No. 117, 2005

hdg to s 136A ................................ am No 3, 2014

s. 136A .......................................... ad. No. 117, 2005

am No 3, 2014

s. 136B .......................................... ad. No. 117, 2005

am No 3, 2014; No 126, 2015

s. 136C .......................................... ad. No. 117, 2005

am No 3, 2014; No 126, 2015

s. 136D .......................................... ad. No. 117, 2005

s. 136E........................................... ad. No. 117, 2005

am No 3, 2014; No 126, 2015

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Endnote 4—Amendment history

226 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 7

s. 137 ............................................. rep. No. 52, 1999

ad. No. 130, 2003

am. No. 8, 2010

s. 138 ............................................. rep. No. 52, 1999

ad. No. 130, 2003

Heading to s. 139........................... am. No. 46, 2010

s. 139 ............................................. rep. No. 52, 1999

ad. No. 89, 2006

am. No. 46, 2010

Part 7

Part 7 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 140 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 141 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 141A .......................................... ad. No. 23, 2011

s. 141B .......................................... ad. No. 23, 2011

s. 141C .......................................... ad. No. 23, 2011

s. 141D .......................................... ad. No. 23, 2011

s. 141E........................................... ad. No. 23, 2011

s. 141F........................................... ad. No. 23, 2011

s. 141G .......................................... ad. No. 23, 2011

Part 7A .......................................... ad. No. 4, 1998

rep. No. 52, 1999

Part 8

Part 8 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

Division 1

s. 142 ............................................. rep. No. 52, 1999

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Endnote 4—Amendment history

Telecommunications Act 1997 227

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

ad. No. 23, 2011

s. 142A .......................................... ad. No. 23, 2011

Division 2

s. 143 ............................................. rep. No. 4, 1998

ad. No. 23, 2011

s. 144 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 145 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 146 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 147 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 148 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 149 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 150 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 151 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

Division 3

s. 152 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 153 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 154 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 155 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 156 ............................................. rep. No. 52, 1999

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Endnote 4—Amendment history

228 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

ad. No. 23, 2011

s. 157 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 158 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 159 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 160 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

ss. 161–182.................................... rep. No. 52, 1999

s. 183 ............................................. am. No. 42, 1999

rep. No. 52, 1999

s. 184 ............................................. rep. No. 52, 1999

ss. 185, 186.................................... am. No. 42, 1999

rep. No. 52, 1999

ss. 187–210.................................... rep. No. 52, 1999

ss. 211, 212.................................... rs. No. 59, 1997

rep. No. 52, 1999

ss. 213–218.................................... rep. No. 52, 1999

s. 219 ............................................. am. No. 48, 1998

rep. No. 52, 1999

ss. 220, 221.................................... rep. No. 52, 1999

ss. 221A–221I................................ ad. No. 4, 1998

rep. No. 52, 1999

ss. 222–231.................................... rep. No. 52, 1999

Part 9 ............................................. rep. No. 52, 1999

ss. 232–243.................................... rep. No. 52, 1999

Part 10 ........................................... rep. No. 52, 1999

s. 244 ............................................. rep. No. 52, 1999

s. 245 ............................................. am. No. 200, 1997

rep. No. 52, 1999

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Endnote 4—Amendment history

Telecommunications Act 1997 229

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 246 ............................................. am. No. 52, 1999

rep. No. 52, 1999

ss. 247–251.................................... rep. No. 52, 1999

Part 11 ........................................... rep. No. 52, 1999

ss. 252–263.................................... rep. No. 52, 1999

Part 12 ........................................... rep. No. 52, 1999

ss. 264–269.................................... rep. No. 52, 1999

Part 13

Division 1

s. 275A .......................................... ad. No. 124, 2007

s. 275B .......................................... ad. No. 16, 2009

s. 275C .......................................... ad. No. 16, 2009

s. 275D .......................................... ad. No. 16, 2009

s. 275E........................................... ad. No. 16, 2009

Division 2

s. 276 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

s. 277 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

s. 278 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

Division 3

Subdivision A

s 280 .............................................. am No 86, 2006; No 177, 2007; No 39, 2015

s 281 .............................................. am No 39, 2015

s. 282 ............................................. am. No. 125, 2002; No. 35, 2004; No. 45, 2005; No. 86, 2006

rep. No. 177, 2007

s. 283 ............................................. am. No. 161, 1999

rep. No. 177, 2007

s 284 .............................................. am No 45, 2005; No 44, 2012; No 25, 2015; No 38, 2015; No 51,

2017

s. 285 ............................................. am. No. 155, 2006; No. 169, 2012

s. 285A .......................................... ad. No. 16, 2009

s. 291 ............................................. am. No. 124, 2007

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Endnote 4—Amendment history

230 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 291A .......................................... ad. No. 16, 2009

s. 294 ............................................. am. No. 177, 2007

Subdivision B

s. 295 ............................................. am. No. 177, 2007

Division 3A

Div. 3A of Part 13 ......................... ad. No. 155, 2006

Subdivision A

s. 295A .......................................... ad. No. 155, 2006

s. 295B .......................................... ad. No. 155, 2006

s. 295C .......................................... ad. No. 155, 2006

s. 295D .......................................... ad. No. 155, 2006

s. 295E........................................... ad. No. 155, 2006

s. 295F........................................... ad. No. 155, 2006

s. 295G .......................................... ad. No. 155, 2006

s. 295H .......................................... ad. No. 155, 2006

s. 295J............................................ ad. No. 155, 2006

s. 295K .......................................... ad. No. 155, 2006

s. 295L........................................... ad. No. 155, 2006

s. 295M.......................................... ad. No. 155, 2006

am. No. 51, 2010

Subdivision B

s. 295N .......................................... ad. No. 155, 2006

s. 295P........................................... ad. No. 155, 2006

s. 295Q .......................................... ad. No. 155, 2006

Subdivision C

s. 295R .......................................... ad. No. 155, 2006

s. 295S........................................... ad. No. 155, 2006

s. 295T........................................... ad. No. 155, 2006

Subdivision D

s. 295U .......................................... ad. No. 155, 2006

am No 62, 2014

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 231

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 3B

Div. 3B of Part 13.......................... ad. No. 16, 2009

s. 295V .......................................... ad. No. 16, 2009

s. 295W ......................................... ad. No. 16, 2009

s. 295X .......................................... ad. No. 16, 2009

s. 295Y .......................................... ad. No. 16, 2009

s. 295Z........................................... ad. No. 16, 2009

s. 295ZA........................................ ad. No. 16, 2009

s. 295ZB ........................................ ad. No. 16, 2009

Heading to s. 295ZC...................... am. No. 51, 2010

s. 295ZC ........................................ ad. No. 16, 2009

am. No. 51, 2010

s. 295ZD........................................ ad. No. 16, 2009

s. 295ZE ........................................ ad. No. 16, 2009

Division 4

s. 298 ............................................. rep. No. 177, 2007

s 299 .............................................. am No 45, 2005; No 44, 2012; No 25, 2015; No 38, 2015; No 51,

2017

s. 299A .......................................... ad. No. 155, 2006

s. 302A .......................................... ad. No. 16, 2009

s. 303 ............................................. am. No. 5, 2001; No 4, 2016

s. 303A .......................................... ad. No. 155, 2000

Division 4A

Div. 4A of Part 13 ......................... ad. No. 155, 2000

hdg to s 303B................................. rs No 197, 2012

s. 303B .......................................... ad. No. 155, 2000

am No 197, 2012

s. 303C .......................................... ad. No. 155, 2000

am No 197, 2012

Division 5

s. 305 ............................................. rs. No. 177, 2007

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Endnote 4—Amendment history

232 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 120, 2012

Heading to s. 306........................... am. No. 177, 2007

s. 306 ............................................. am. No. 5, 2001; No. 177, 2007; No. 16, 2009; No. 120, 2012; No 4,

2016

s. 306A .......................................... ad. No. 177, 2007

am. No. 120, 2012

s. 307 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

Heading to s. 308........................... am. No. 45, 2005

s. 308 ............................................. am. No. 45, 2005; No. 177, 2007

Heading to s. 309........................... am. No. 51, 2010

s. 309 ............................................. am. No. 177, 2007; No. 51, 2010

Part 14

s. 311 ............................................. am. No. 45, 2005

Heading to s. 312........................... am. No. 45, 2005

s. 312 ............................................. am. No. 45, 2005

s. 313 ............................................. am. No. 200, 1997; No. 35, 2004; No. 45, 2005; No. 40, 2006;

No. 177, 2007; No. 120, 2012

s 314 .............................................. am No 200, 1997; No 45, 2005; No 177, 2007; No 39, 2015

s. 314A .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 315 ............................................. am. No. 46, 2001

Part 15 ........................................... rs. No. 200, 1997

rep. No. 177, 2007

s. 317 ............................................. rs. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

ss. 318–323.................................... rs. No. 200, 1997

rep. No. 177, 2007

s. 324 ............................................. rs. No. 200, 1997

am. No. 35, 2004; No. 40, 2006

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Endnote 4—Amendment history

Telecommunications Act 1997 233

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rep. No. 177, 2007

s. 325 ............................................. rs. No. 200, 1997

rep. No. 177, 2007

s. 326 ............................................. rs. No. 200, 1997

am. No. 35, 2004

rep. No. 177, 2007

Heading to s. 327........................... am. No. 45, 2005

rep. No. 177, 2007

s. 327 ............................................. rs. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 328 ............................................. rs. No. 200, 1997

rep. No. 177, 2007

s. 329 ............................................. rs. No. 200, 1997

am. No. 35, 2004; No. 45, 2005

rep. No. 177, 2007

s. 330 ............................................. rs. No. 200, 1997; No. 35, 2004

am. No. 45, 2005

rep. No. 177, 2007

s. 331 ............................................. rs. No. 200, 1997

am. No. 35, 2004; No. 45, 2005

rep. No. 177, 2007

s. 332 ............................................. rs. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332A .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332B .......................................... ad. No. 200, 1997

rep. No. 177, 2007

ss. 332C, 332D .............................. ad. No. 200, 1997

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Endnote 4—Amendment history

234 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 45, 2005

rep. No. 177, 2007

s. 332E........................................... ad. No. 200, 1997

rep. No. 177, 2007

s. 332F........................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

Heading to s. 332G........................ am. No. 45, 2005

rep. No. 177, 2007

ss. 332G, 332H.............................. ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

ss. 332J, 332K ............................... ad. No. 200, 1997

rep. No. 177, 2007

Note to s. 332K.............................. am. No. 40, 2006

rep. No. 177, 2007

ss. 332L, 332M.............................. ad. No. 200, 1997

rep. No. 177, 2007

s. 332N .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332P........................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

Heading to s. 332Q........................ am. No. 45, 2005

rep. No. 177, 2007

s. 332Q .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332R .......................................... ad. No. 200, 1997

rep. No. 177, 2007

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Endnote 4—Amendment history

Telecommunications Act 1997 235

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Part 16

Division 1

s. 334 ............................................. am. No. 5, 2011

Division 2

s. 335 ............................................. am. No. 45, 2005; No. 5, 2011

Division 3

Heading to s. 338........................... am. No. 45, 2005

s. 338 ............................................. am. No. 45, 2005; No. 5, 2011

s. 339 ............................................. am. No. 45, 2005

s. 341 ............................................. am. No. 45, 2005

s. 342 ............................................. am. No. 45, 2005

s. 343 ............................................. am. No. 45, 2005

Division 4

s. 346A .......................................... ad. No. 46, 2001

Division 5

s. 347 ............................................. am. No. 146, 1999; No. 5, 2011

Part 17

s. 348 ............................................. am. No. 140, 2002; No. 45, 2005; No 38, 2015

s. 349 ............................................. am. No. 140, 2002; No. 45, 2005; No 103, 2013; No 38, 2015

Note to s. 349(2) ........................... ad. No. 140, 2002

s. 350 ............................................. am. No. 200, 1997

s. 350A .......................................... ad. No. 140, 2002

am. No. 103, 2010

Note to s. 350A(5) ........................ am. No. 103, 2010

s. 352 ............................................. am. No. 140, 2002; No. 45, 2005; No 38, 2015

s. 353 ............................................. am. No. 45, 2005

Part 18

s. 355 ............................................. am. No. 45, 2005; No 103, 2013

s. 356 ............................................. am. No. 45, 2005

Part 19 ........................................... rep No 10, 2014

s 357 .............................................. rep No 109, 2014

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Endnote 4—Amendment history

236 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s 358 .............................................. rep No 109, 2014

s 359 .............................................. rep No 109, 2014

s 360 .............................................. rep No 109, 2014

s 361 .............................................. rep No 109, 2014

s. 362 ............................................. am. No. 52, 1999

rep No 109, 2014

s 363 .............................................. rep No 109, 2014

Part 20

Division 3

s. 367 ............................................. am. No. 45, 2005; No. 103, 2010; No 103, 2013

s. 371 ............................................. am. No. 45, 2005

Part 20A

Part 20A ........................................ ad. No. 107, 2011

Division 1

s. 372A .......................................... ad. No. 107, 2011

Division 2

s. 372B .......................................... ad. No. 107, 2011

am No 126, 2015

s. 372C .......................................... ad. No. 107, 2011

am No 126, 2015

s. 372D .......................................... ad. No. 107, 2011

Division 3

Subdivision A

s. 372E........................................... ad. No. 107, 2011

s. 372F........................................... ad. No. 107, 2011

Subdivision B

s. 372G .......................................... ad. No. 107, 2011

s. 372H .......................................... ad. No. 107, 2011

Subdivision C

s. 372J............................................ ad. No. 107, 2011

s. 372JA......................................... ad. No. 107, 2011

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Endnote 4—Amendment history

Telecommunications Act 1997 237

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Subdivision D

s. 372K .......................................... ad. No. 107, 2011

am No 126, 2015

Division 4

s. 372L........................................... ad. No. 107, 2011

s. 372M.......................................... ad. No. 107, 2011

s. 372N .......................................... ad. No. 107, 2011

am No 126, 2015

s. 372NA ....................................... ad. No. 107, 2011

Division 5

s. 372P........................................... ad. No. 107, 2011

Division 6

s. 372Q .......................................... ad. No. 107, 2011

s. 372R .......................................... ad. No. 107, 2011

s. 372S........................................... ad. No. 107, 2011

s. 372T........................................... ad. No. 107, 2011

s. 372U .......................................... ad. No. 107, 2011

s. 372V .......................................... ad. No. 107, 2011

s. 372W ......................................... ad. No. 107, 2011

s. 372X .......................................... ad. No. 107, 2011

s. 372Y .......................................... ad. No. 107, 2011

s. 372Z........................................... ad. No. 107, 2011

s. 372ZA........................................ ad. No. 107, 2011

s. 372ZB ........................................ ad. No. 107, 2011

s. 372ZC ........................................ ad. No. 107, 2011

rep. No. 107, 2011

s. 372ZD........................................ ad. No. 107, 2011

s. 372ZE ........................................ ad. No. 107, 2011

rep. No. 107, 2011

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Endnote 4—Amendment history

238 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Part 21

Division 1

s. 373 ............................................. am. No. 45, 2005; No. 23, 2011

Division 3

s. 376 ............................................. am. No. 45, 2005; No. 107, 2011; No 10, 2015

s. 376A .......................................... ad. No. 107, 2011

s. 377 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 378 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 379 ............................................. am. No. 45, 2005

Division 4

s. 380 ............................................. am. No. 45, 2005; No 10, 2015

s. 381 ............................................. am. No. 63, 2002; No. 35, 2004; No. 45, 2005; No. 46, 2011

s. 382 ............................................. am. No. 63, 2002; No. 35, 2004; No. 45, 2005; No. 46, 2011

Division 5

s. 384 ............................................. am. No. 45, 2005; No. 103, 2010;No. 23, 2011; No 10, 2015

s. 385 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 386 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 387 ............................................. am. No. 45, 2005

s. 389 ............................................. am. No. 103, 2010

Division 5A

Div. 5A of Part 21 ......................... ad. No. 23, 2011

s. 389A .......................................... ad. No. 23, 2011

s. 389B .......................................... ad. No. 23, 2011

Division 6

Subdivision A

s. 390 ............................................. am. No. 45, 2005

s. 391 ............................................. am. No. 45, 2005

s. 392 ............................................. am. No. 45, 2005

s. 393 ............................................. am. No. 45, 2005

s. 394 ............................................. am. No. 45, 2005

s. 395 ............................................. am. No. 52, 1999

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 239

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 396 ............................................. am. No. 45, 2005

s. 397 ............................................. am. No. 45, 2005

s. 398 ............................................. am. No. 45, 2005; No 103, 2013

s. 399 ............................................. rs. No. 5, 2001

am No 4, 2016

Note to s. 399(1)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 399(1) ........................ ad. No. 108, 2003

s. 400 ............................................. am. No. 45, 2005

s. 401 ............................................. am. No. 45, 2005

s. 402 ............................................. am. No. 45, 2005

s. 403 ............................................. am. No. 45, 2005

Subdivision B

s. 404 ............................................. am. No. 45, 2005; No 103, 2013

s. 405 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

Division 7

s. 406A .......................................... ad. No. 200, 1997

s. 407 ............................................. am. No. 200, 1997; No. 45, 2005; No 103, 2013

s. 408 ............................................. am. No. 200, 1997; No. 45, 2005

s. 409 ............................................. am. No. 45, 2005

s. 410 ............................................. am. No. 45, 2005

s. 411 ............................................. am. No. 5, 2001; No 4, 2016

Note to s. 411(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 411(2) ........................ ad. No. 108, 2003

s. 412 ............................................. am. No. 5, 2001; No 4, 2016

s. 413 ............................................. am. No. 200, 1997; No. 5, 2001; No 4, 2016

Note to s. 413(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 413(2) ........................ ad. No. 108, 2003

s. 414 ............................................. am. No. 5, 2001; No 4, 2016

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Endnote 4—Amendment history

240 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Note to s. 414(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 414(2) ........................ ad. No. 108, 2003

s. 415 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

Note to s. 415(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 415(2) ........................ ad. No. 108, 2003

s. 416 ............................................. am. No. 5, 2001; No 4, 2016

Note to s. 416(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 416(2) ........................ ad. No. 108, 2003

Division 8

s. 417 ............................................. am. No. 5, 2001; No. 148, 2003; No. 45, 2005; No 103, 2013; No 4,

2016

Note to s. 417(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 417(2) ........................ ad. No. 108, 2003

Division 9

s. 419 ............................................. am. No. 45, 2005; No 10, 2015

s. 420 ............................................. am. No. 5, 2001; No 4, 2016

Note to s. 420(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 420(2) ........................ ad. No. 108, 2003

s. 421 ............................................. am. No. 5, 2001; No. 45, 2005; No 103, 2013; No 4, 2016

Note to s. 421(4)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 421(4) ........................ ad. No. 108, 2003

s. 422 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 423 ............................................. am. No. 45, 2005

s. 424 ............................................. am. No. 45, 2005

s. 425 ............................................. am. No. 45, 2005

s. 426 ............................................. am. No. 45, 2005

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 241

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 427 ............................................. am. No. 45, 2005

s. 428 ............................................. am. No. 45, 2005

s. 429 ............................................. am. No. 45, 2005

s. 430 ............................................. am. No. 52, 1999

s. 432 ............................................. am. No. 45, 2005; No 103, 2013

s. 433 ............................................. am. No. 45, 2005

s. 434 ............................................. rs. No. 5, 2001

am No 4, 2016

Note to s. 434(1)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 434(1) ........................ ad. No. 108, 2003

Note to s. 434(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 434(2) ........................ ad. No. 108, 2003

s. 435 ............................................. am. No. 45, 2005

s. 436 ............................................. am. No. 45, 2005

s. 437 ............................................. am. No. 45, 2005

s. 438 ............................................. am. No. 45, 2005

Heading to s. 439........................... am. No. 45, 2005

s. 439 ............................................. am. No. 45, 2005; No 103, 2013

s. 440 ............................................. am. No. 45, 2005; No. 107, 2011

s. 441 ............................................. am. No. 45, 2005

s. 442 ............................................. am. No. 45, 2005

Division 10

s. 446 ............................................. am. No. 45, 2005

s. 447 ............................................. am. No. 45, 2005

Division 11

s. 450 ............................................. am. No. 45, 2005; No 109, 2014; No 10, 2015

s. 451 ............................................. am. No. 45, 2005

rep No 109, 2014

s. 452 ............................................. am. No. 5, 2001; No 4, 2016

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Endnote 4—Amendment history

242 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 13

Div. 13 of Part 21 .......................... ad. No. 108, 2003

s. 453A .......................................... ad. No. 108, 2003

Part 22

Division 1

s. 454 ............................................. am. No. 45, 2005

Division 2

Subdivision A

s. 455 ............................................. am. No. 52, 1999; No. 45, 2005; No 103, 2013

s. 457 ............................................. am. No. 45, 2005

s. 458 ............................................. am. No. 200, 1997; No. 45, 2005; No. 103, 2010

Heading to s. 459........................... am. No. 45, 2005

s. 459 ............................................. am. No. 45, 2005

s. 460 ............................................. am. Nos. 45 and 119, 2005; No 109, 2014; No 126, 2015

s. 461 ............................................. am. No. 45, 2005

s 462 .............................................. am No 103, 2013

Subdivision B

s. 463 ............................................. am. No. 45, 2005; No 109, 2014

s. 464 ............................................. am. No. 45, 2005; No 109, 2014

Subdivision C

s. 465 ............................................. am. No. 45, 2005

Note to s. 465(1) ........................... am. No. 45, 2005

s. 466 ............................................. am. No. 45, 2005

s. 467 ............................................. am. No. 45, 2005

Subhead. to s. 468(9) .................... am. No. 8, 2005

Subhead to s 468(11) ..................... rs No 103, 2013

s. 468 ............................................. am. Nos. 8 and 45, 2005; No 103, 2013

s. 469 ............................................. am. No. 45, 2005

s. 471 ............................................. am. No. 5, 2011

s 472 .............................................. am No 103, 2013

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 243

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 3

s. 474 ............................................. am. No. 152, 2000; No. 45, 2005

Heading to s. 475........................... am. No. 45, 2005

s. 475 ............................................. am. No. 152, 2000; No. 5, 2001; No. 45, 2005; No 103, 2013; No 4,

2016

s. 476 ............................................. am. No. 152, 2000; No. 5, 2001; No. 45, 2005; No 103, 2013; No 4,

2016

Heading to s. 477........................... am. No. 45, 2005

s. 477 ............................................. am. No. 45, 2005

Part 23

s. 480 ............................................. am. No. 52, 1999

rep No 109, 2014

s. 480A .......................................... ad. No. 52, 1999

am. No. 45, 2005; No 103, 2013

rep No 109, 2014

Heading to s. 481........................... am. No. 45, 2005

rep No 109, 2014

s. 481 ............................................. am. No. 45, 2005

rep No 109, 2014

Heading to s. 483........................... am. No. 103, 2010

s. 483 ............................................. am. No. 103, 2010

Part 24A

Part 24A ........................................ ad. No. 104, 2005

s. 484A .......................................... ad. No. 104, 2005

Part 25

Division 1

s. 485 ............................................. am. No. 45, 2005

Division 2

Heading to Div. 2 of Part 25.......... am. No. 45, 2005

s. 486 ............................................. am. No. 45, 2005

s. 487 ............................................. am. No. 45, 2005

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Endnote 4—Amendment history

244 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 488 ............................................. am. No. 45, 2005

s. 489 ............................................. am. No. 45, 2005

s. 490 ............................................. am. No. 45, 2005

s. 491 ............................................. am. No. 45, 2005

s. 492 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

s. 493 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

s. 494 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

s. 495 ............................................. am. No. 45, 2005

Division 3

s. 502 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 503 ............................................. am. No. 5, 2001; No 4, 2016

s. 504 ............................................. am. No. 5, 2001; No 4, 2016

s. 505A .......................................... ad. No. 140, 2010

s. 505B .......................................... ad. No. 140, 2010

s. 506 ............................................. am. No. 103, 2010

Part 26

s. 507 ............................................. am. No. 45, 2005

s. 508 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

Heading to s. 509........................... am. No. 45, 2005

s. 509 ............................................. am. No. 45, 2005; No. 89, 2006; No. 46, 2010

Heading to s. 510........................... am. No. 45, 2005

s. 510 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

s. 511 ............................................. am. No. 45, 2005

s. 512 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 513 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 514 ............................................. am. No. 45, 2005

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 245

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 515 ............................................. am. No. 45, 2005

Heading to s. 515A........................ am. No. 51, 2010

s. 515A .......................................... ad. No. 89, 2006

am. Nos. 46 and 51, 2010

s. 516 ............................................. am. No. 45, 2005

s. 517 ............................................. am. No. 45, 2005

s. 518 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006

s. 519 ............................................. am. No. 45, 2005

Part 27

Heading to Part 27......................... am. No. 45, 2005

Division 1

s. 520 ............................................. am. No. 45, 2005

Division 2

s. 521 ............................................. am. No. 5, 2001; No. 45, 2005

s. 522 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

s. 523 ............................................. am. No. 45, 2005

s. 524 ............................................. am. No. 5, 2001

s. 525 ............................................. am. No. 5, 2001

s. 526 ............................................. rep. No. 5, 2001

s. 527 ............................................. am. No. 45, 2005

Heading to s. 528........................... am. No. 45, 2005

s. 528 ............................................. am. No. 45, 2005

Division 3

Heading to s. 529........................... am. No. 45, 2005

s. 529 ............................................. am. No. 52, 1999; No. 45, 2005; No. 140, 2010

Note to s. 529(4) ........................... am. No. 45, 2005

s. 531 ............................................. am. No. 5, 2001; No 4, 2016

Part 27A ........................................ ad. No. 22, 2008

rep No 109, 2014

Division 1 of Part 27A................... ad. No. 22, 2008

rep No 109, 2014

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Endnotes

Endnote 4—Amendment history

246 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 531A .......................................... ad. No. 22, 2008

rep No 109, 2014

s. 531B .......................................... ad. No. 22, 2008

rep No 109, 2014

s. 531C .......................................... ad. No. 22, 2008

am. No. 8, 2010

rep No 109, 2014

Note to s. 531C(1) ........................ am. No. 46, 2011

rep No 109, 2014

s. 531D .......................................... ad. No. 22, 2008

am. No. 8, 2010

rep No 109, 2014

s. 531E........................................... ad. No. 22, 2008

rep No 109, 2014

Division 2 of Part 27A................... ad. No. 22, 2008

rep No 109, 2014

s. 531F........................................... ad. No. 22, 2008

(1) exp 27 May 2009 (see s 531F(3))

(2) exp 27 May 2009 (see s 531F(3))

rep No 109, 2014

Division 3 of Part 27A................... ad. No. 22, 2008

rep No 109, 2014

s. 531G .......................................... ad. No. 22, 2008

(2)(e) exp 27 May 2009 (see s 531G(3))

(3A)(e) exp 27 May 2009 (see s 531G(3B))

rep No 109, 2014

s. 531H .......................................... ad. No. 22, 2008

rep No 109, 2014

s. 531J............................................ ad. No. 22, 2008

rep No 109, 2014

s. 531K .......................................... ad. No. 22, 2008

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 247

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rep No 109, 2014

s. 531L........................................... ad. No. 22, 2008

rep No 109, 2014

s. 531M.......................................... ad. No. 22, 2008

rep No 109, 2014

Note 1 to s. 531M .......................... am. No. 46, 2011

rep No 109, 2014

s. 531N .......................................... ad. No. 22, 2008

rep No 109, 2014

Note to s. 531N(4) ......................... am. No. 46, 2011

rep No 109, 2014

s. 531P........................................... ad. No. 22, 2008

rep No 109, 2014

s. 531Q .......................................... ad. No. 22, 2008

rep No 109, 2014

Part 28

Division 1

Heading to Div. 1 of Part 28.......... rs. No. 130, 2003

s. 532 ............................................. am. No. 130, 2003

s. 532A .......................................... ad. No. 130, 2003

Division 2

s. 533 ............................................. am. No. 45, 2005

s. 534 ............................................. am. No. 5, 2001; No. 45, 2005

Division 3

Heading to Div. 3 of Part 28.......... rs. No. 130, 2003

s. 535 ............................................. am. No. 5, 2001; No. 130, 2003

s. 537 ............................................. am. No. 130, 2003

Division 4

Heading to Div. 4 of Part 28.......... rs. No. 130, 2003

s. 541A .......................................... ad. No. 130, 2003

Heading to s. 542........................... am. No. 130, 2003

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

248 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 542 ............................................. am. No. 5, 2001; No. 130, 2003

Heading to s. 544........................... am. No. 130, 2003

s. 544 ............................................. am. No. 5, 2001; No. 130, 2003

s. 545 ............................................. am. No. 5, 2001

s. 546 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005

Division 5A

Div. 5A of Part 28 ......................... ad. No. 130, 2003

s. 547A .......................................... ad. No. 130, 2003

s. 547B .......................................... ad. No. 130, 2003

s. 547C .......................................... ad. No. 130, 2003

s. 547D .......................................... ad. No. 130, 2003

s. 547E........................................... ad. No. 130, 2003

s. 547F........................................... ad. No. 130, 2003

s. 547G .......................................... ad. No. 130, 2003

s. 547H .......................................... ad. No. 130, 2003

Division 5B

Div. 5B of Part 28.......................... ad. No. 130, 2003

s. 547J............................................ ad. No. 130, 2003

am No 4, 2016

Division 6

s. 548 ............................................. am. No. 5, 2001

s. 549 ............................................. am. No. 5, 2001; No. 130, 2003; No 4, 2016

s. 550 ............................................. am. No. 130, 2003

Division 7

s. 551 ............................................. am. No. 52, 1999; No. 5, 2001; No. 44, 2012; No 38, 2015

s. 552 ............................................. am. No. 45, 2005

Division 8

s. 553 ............................................. am. No. 52, 1999; No. 5, 2001

Part 29

s. 554 ............................................. am. No. 45, 2005

Heading to s. 555........................... am. No. 45, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 249

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 555 ............................................. am. No. 45, 2005

s. 556 ............................................. am. No. 45, 2005

s. 557 ............................................. am. No. 45, 2005

s. 558 ............................................. am. No. 45, 2005

Heading to s. 559........................... am. No. 45, 2005

s. 559 ............................................. am. No. 45, 2005

s. 560 ............................................. am. No. 45, 2005

s. 562 ............................................. am. No. 45, 2005

Part 30

s. 563 ............................................. am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 564 ............................................. am. No. 52, 1999; No. 45, 2005; No 103 2010; No 140, 2010 (Sch 1

items 52, 53); No. 23, 2011; No. 44, 2012; No 38, 2015

Part 31

s. 570 ............................................. am. No. 52, 1999; No. 89, 2006; No. 44, 2012; No 38, 2015

s. 571 ............................................. am. No. 52, 1999; No. 45, 2005; No 103, 2010; 140, 2010 (Sch 1

items 54, 55); No. 23, 2011;

Part 31A

Part 31A ........................................ ad. No. 119, 2005

s. 572A .......................................... ad. No. 119, 2005

s. 572B .......................................... ad. No. 119, 2005

am. No. 89, 2006; No. 8, 2010; No. 44, 2012; No 38, 2015

s. 572C .......................................... ad. No. 119, 2005

Part 31B

Part 31B......................................... ad. No. 140, 2010

s. 572D .......................................... ad. No. 140, 2010

s. 572E........................................... ad. No. 140, 2010

am. No. 23, 2011; No. 44, 2012; No 38, 2015

s. 572F........................................... ad. No. 140, 2010

s. 572G .......................................... ad. No. 140, 2010

s. 572H .......................................... ad. No. 140, 2010

s. 572J............................................ ad. No. 140, 2010

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Endnotes

Endnote 4—Amendment history

250 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 572K .......................................... ad. No. 140, 2010

s. 572L........................................... ad. No. 140, 2010

s. 572M.......................................... ad. No. 140, 2010

am No 126, 2015

s. 572N .......................................... ad. No. 140, 2010

Part 32

s. 574 ............................................. am. No. 5, 2001

s. 574A .......................................... ad. No. 52, 1999

am. No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38, 2015

s. 576 ............................................. am. No. 5, 2001

Part 33

Part 33 ........................................... rep. No. 5, 2001

ad. No. 140, 2010

Division 1

s. 577 ............................................. am. No. 52, 1999

rep. No. 5, 2001

ad. No. 140, 2010

Division 2

Subdivision A

s. 577A .......................................... ad. No. 140, 2010

s. 577AA ....................................... ad. No. 140, 2010

s. 577AB........................................ ad. No. 140, 2010

s. 577AC........................................ ad. No. 140, 2010

s. 577AD ....................................... ad. No. 140, 2010

s. 577B .......................................... ad. No. 140, 2010

s. 577BA........................................ ad. No. 140, 2010

am. No. 23, 2011

Subdivision B

s. 577BB........................................ ad. No. 140, 2010

s. 577BC........................................ ad. No. 140, 2010

am. No. 23, 2011

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 251

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 577BD........................................ ad. No. 140, 2010

s. 577BDA..................................... ad. No. 140, 2010

s. 577BDB ..................................... ad. No. 140, 2010

s. 577BDC ..................................... ad. No. 140, 2010

s. 577BE ........................................ ad. No. 140, 2010

s. 577BF ........................................ ad. No. 140, 2010

Division 3

s. 577C .......................................... ad. No. 140, 2010

s. 577CA........................................ ad. No. 140, 2010

s. 577CB........................................ ad. No. 140, 2010

s. 577CC........................................ ad. No. 140, 2010

s. 577CD........................................ ad. No. 140, 2010

s. 577D .......................................... ad. No. 140, 2010

Division 4

s. 577E........................................... ad. No. 140, 2010

s. 577EA........................................ ad. No. 140, 2010

s. 577EB ........................................ ad. No. 140, 2010

s. 577EC ........................................ ad. No. 140, 2010

s. 577ED........................................ ad. No. 140, 2010

s. 577F........................................... ad. No. 140, 2010

Division 5

s. 577G .......................................... ad. No. 140, 2010

Division 6

s. 577GA ....................................... ad. No. 140, 2010

s. 577H .......................................... ad. No. 140, 2010

s. 577J............................................ ad. No. 140, 2010

s. 577K .......................................... ad. No. 140, 2010

s. 577L........................................... ad. No. 140, 2010

Division 7

s. 577M.......................................... ad. No. 140, 2010

s. 577N .......................................... ad. No. 140, 2010

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Endnotes

Endnote 4—Amendment history

252 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 577P........................................... ad. No. 140, 2010

s. 577Q .......................................... ad. No. 140, 2010

s. 578 ............................................. am. No. 52, 1999

rep. No. 5, 2001

Part 34

Part 34 heading.............................. rs. No. 35, 2004

am. No. 45, 2005

rs No 25, 2015

s 579 .............................................. am No 45, 2005; No 25, 2015; No 51, 2017

s. 580 ............................................. am. No. 45, 2005

s 581 .............................................. am No 35, 2004; No 45, 2005; No 25, 2015; No 51, 2017

Part 35

s. 582 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 583 ............................................. am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 585 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 586 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 587 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

s. 588 ............................................. am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 589 ............................................. am. No. 140, 2002; No. 130, 2003; No. 89, 2006; No. 103, 2010;

No. 44, 2012; No 10, 2015; No 38, 2015

s. 590 ............................................. am. No. 52, 1999

s. 591 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006

s. 592 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015; No 59, 2015

Schedule 1

Part 1

c. 1................................................. am. No. 52, 1999; No. 177, 2007; No. 44, 2012; No 38, 2015

Part 2 ............................................. rep. No. 119, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 253

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

cc. 2, 3 ........................................... rep. No. 119, 2005

c. 4................................................. am. No. 200, 1997; No. 45, 2005

rep. No. 119, 2005

c. 5................................................. am. No. 140, 2002; No. 45, 2005

rep. No. 119, 2005

cc. 6, 7 ........................................... rep. No. 119, 2005

cc. 8, 9 ........................................... am. No. 200, 1997

rep. No. 119, 2005

c. 10............................................... rep. No. 119, 2005

c. 11............................................... rs. No. 200, 1997

rep. No. 119, 2005

cc. 12–15 ....................................... rep. No. 119, 2005

Part 3

c. 17............................................... am. Nos. 103 and 140, 2010

c. 18............................................... am. No. 140, 2010

c 19................................................ am No 103, 2013

Part 4

c. 21............................................... am. No. 140, 2002

c. 22............................................... am. No. 140, 2002

c. 23............................................... am. No. 140, 2002

c. 24............................................... am. No. 140, 2002

c. 27A............................................ ad. No. 52, 1999

am No 103, 2013

c 28................................................ am No 103, 2013

c. 29A............................................ ad. No. 52, 1999

am No 103, 2013

Part 5

c. 31............................................... am. No. 140, 2010; No. 46, 2011

c. 33............................................... am. No. 45, 2005; No. 140, 2010

c. 34............................................... am. No. 45, 2005; No. 140, 2010

c. 35............................................... am. No. 45, 2005; No. 140, 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

254 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

c. 36............................................... am. No. 140, 2010

c 37................................................ am No 103, 2013

Part 7

Part 7 ............................................. ad. No. 119, 2005

c. 44A............................................ ad. No. 119, 2005

c. 45............................................... ad. No. 119, 2005

am. No. 103, 2010; No. 23, 2011

c. 46............................................... ad. No. 119, 2005

c. 47............................................... ad. No. 119, 2005

am. No. 103, 2010; No 126, 2015

Part 8 ............................................. ad. No. 119, 2005

rep. No. 140, 2010

cc. 48, 49 ....................................... ad. No. 119, 2005

rep. No. 140, 2010

c. 50............................................... ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

c. 50A............................................ ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

cc. 50B, 50C.................................. ad. No. 119, 2005

rep. No. 140, 2010

c. 51............................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

c. 52............................................... ad. No. 119, 2005

rep. No. 140, 2010

c. 53............................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

cc. 54–56 ....................................... ad. No. 119, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 255

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rep. No. 140, 2010

c. 56A............................................ ad. No. 119, 2005

rep. No. 140, 2010

cc. 57, 58 ....................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

cc. 59–65 ....................................... ad. No. 119, 2005

rep. No. 140, 2010

c. 66............................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

Part 9

Part 9 ............................................. ad. No. 140, 2010

Division 1

c. 68............................................... ad. No. 140, 2010

c. 69............................................... ad. No. 140, 2010

c. 70............................................... ad. No. 140, 2010

c. 71............................................... ad. No. 140, 2010

c. 72............................................... ad. No. 140, 2010

Division 2

c. 73............................................... ad. No. 140, 2010

c. 74............................................... ad. No. 140, 2010

c. 75............................................... ad. No. 140, 2010

c. 76............................................... ad. No. 140, 2010

c. 77............................................... ad. No. 140, 2010

c. 78............................................... ad. No. 140, 2010

c. 79............................................... ad. No. 140, 2010

c. 80............................................... ad. No. 140, 2010

c. 81............................................... ad. No. 140, 2010

c. 82............................................... ad. No. 140, 2010

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Endnotes

Endnote 4—Amendment history

256 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Part 10

Part 10 ........................................... ad. No. 140, 2010

Division 1

c. 83............................................... ad. No. 140, 2010

Division 2

c. 84............................................... ad. No. 140, 2010

c. 85............................................... ad. No. 140, 2010

Division 3

c. 86............................................... ad. No. 140, 2010

c. 87............................................... ad. No. 140, 2010

c. 88............................................... ad. No. 140, 2010

Schedule 2

Part 1

c. 1................................................. am. No. 52, 1999; No. 177, 2007; No. 44, 2012; No 38, 2015

Part 5

c. 13............................................... am. No. 52, 1999; No. 45, 2005; No 103, 2013

c. 14............................................... am. No. 45, 2005

c. 15............................................... am. No. 155, 2000; No. 45, 2005; No 197, 2012

Part 6

Part 6 ............................................. ad. No. 140, 2010

c. 16............................................... ad. No. 140, 2010

c. 17............................................... ad. No. 140, 2010

c. 18............................................... ad. No. 140, 2010

c. 19............................................... ad. No. 140, 2010

c. 20............................................... ad. No. 140, 2010

Schedule 3

Part 1

Division 1

c. 2................................................. am. No. 92, 1999; No. 104, 2005; Nos. 5 and 46, 2011

Division 2

c. 5................................................. am. No. 200, 1997

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 257

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 3

c 6.................................................. am No 104, 2005; No 46, 2011; No 103, 2013; No 126, 2015

Division 5

c. 12............................................... am. No. 45, 2005

c. 15............................................... am. No. 104, 2005; No 103, 2013

c. 17............................................... am. No. 200, 1997; No. 92, 1999

c. 18............................................... am. No. 200, 1997

c. 19............................................... am. No. 200, 1997

Division 6

c. 21............................................... am. No. 45, 2005

c. 22............................................... am. No. 45, 2005

c. 23............................................... am. No. 45, 2005

c. 25............................................... am. No. 45, 2005

Note to c. 25(2).............................. am. No. 45, 2005

c. 26............................................... am. No. 45, 2005

c. 27............................................... am. No. 200, 1997; No. 92, 1999; Nos. 86 and 114, 2003; No. 45,

2005; No. 103, 2010; No. 44, 2012; No 109, 2014; No 38, 2015

Note to c. 27(8).............................. am. No. 46, 2011

c. 28............................................... am. No. 92, 1999; No. 86, 2003; No. 45, 2005

c. 29............................................... am. No. 45, 2005

c. 30............................................... am. No. 52, 1999

c. 31............................................... am. No. 45, 2005

c. 33............................................... am. No. 45, 2005

c. 34............................................... am. No. 45, 2005

c. 35............................................... am. No. 45, 2005

Division 8

c. 40............................................... rep. No. 114, 2003

c. 41............................................... am. No. 45, 2005

c 44................................................ am No 46, 2011; No 103, 2013; No 126, 2015

c 46................................................ am No 52, 1999; No 45, 2005; No 46, 2011; No 103, 2013; No 126,

2015

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Endnotes

Endnote 4—Amendment history

258 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

c. 48............................................... am. No. 45, 2005

c 49................................................ rep No 103, 2013

c. 50............................................... am. No. 45, 2005

c. 51............................................... am. No. 45, 2005

c. 55............................................... am. No. 119, 1998; No. 92, 1999; No. 45, 2005

rep No 109, 2014

Part 2

cc. 56–59 ....................................... rep. No. 45, 2005

Part 3

Part 3 ............................................. ad. No. 104, 2005

c. 62............................................... ad. No. 104, 2005

c. 63............................................... ad. No. 104, 2005

Schedule 3A

Schedule 3A .................................. ad. No. 104, 2005

Part 1

c. 1................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 2................................................. ad. No. 104, 2005

am. No. 104, 2005; No. 46, 2011; No 33, 2014

c 2A............................................... ad No 33, 2014

c 2B ............................................... ad No 33, 2014

Part 2

Division 1

c. 3................................................. ad. No. 104, 2005

am. No. 104, 2005

Division 2

Subdivision A

Heading to c. 4............................... am. No. 104, 2005

c. 4................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

Note to c. 4(2)................................ am. No. 104, 2005

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 259

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Heading to c. 5............................... am. No. 104, 2005

c. 5................................................. ad. No. 104, 2005

am. No. 104, 2005

Subheads. to c. 6(1), (2)................. am. No. 104, 2005

c. 6................................................. ad. No. 104, 2005

am. No. 104, 2005

Subhead to c 7(2)........................... rs No 33, 2014

c. 7................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 8................................................. ad. No. 104, 2005

c. 9................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 10............................................... ad. No. 104, 2005

am No 33, 2014

c. 11............................................... ad. No. 104, 2005

am No 33, 2014

c. 12............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 13............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 14............................................... ad. No. 104, 2005

am. No. 104, 2005

Subdivision B

Heading to c. 15............................. am. No. 104, 2005

c. 15............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 16............................. am. No. 104, 2005

c. 16............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 17............................. am. No. 104, 2005

rs No 33, 2014

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Endnotes

Endnote 4—Amendment history

260 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

c. 17............................................... ad. No. 104, 2005

am. No. 104, 2005; No. 8, 2010

rs No 33, 2014

c 17A............................................. ad No 33, 2014

c. 18............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 19............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 20............................. am. No. 104, 2005

c. 20............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 21............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 22............................................... ad. No. 104, 2005

am. No. 104, 2005

Division 3

Subdivision A

Heading to c. 23............................. am. No. 104, 2005

c. 23............................................... ad. No. 104, 2005

am. No. 104, 2005

Notes to c. 23(1), (2)...................... am. No. 104, 2005

Heading to c. 24............................. am. No. 104, 2005

c. 24............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 25............................. am. No. 104, 2005

c. 25............................................... ad. No. 104, 2005

am. No. 104, 2005

Subheads. to c. 26(1), (2)............... am. No. 104, 2005

c. 26............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 27............................................... ad. No. 104, 2005

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 261

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005

c. 28............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 29............................................... ad. No. 104, 2005

Subdivision B

Heading to c. 30............................. am. No. 104, 2005

c. 30............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 31............................. am. No. 104, 2005

c. 31............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 32............................. am. No. 104, 2005

rs No 33, 2014

c. 32............................................... ad. No. 104, 2005

am. No. 104, 2005; No. 8, 2010

rs No 33, 2014

c 32A............................................. ad No 33, 2014

c. 33............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 34............................. am. No. 104, 2005

c. 34............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 35............................................... ad. No. 104, 2005

am. No. 104, 2005

Division 4

Subdivision A

c. 36............................................... ad. No. 104, 2005

am No 33, 2014

Note to c 36(2)............................... am No 33, 2014

c. 37............................................... ad. No. 104, 2005

am No 33, 2014

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Endnotes

Endnote 4—Amendment history

262 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Note to c 37(2)............................... am No 33, 2014

c. 38............................................... ad. No. 104, 2005

am No 33, 2014

c. 39............................................... ad. No. 104, 2005

Note to c 39(2)............................... am No 33, 2014

Subdivision B

c. 40............................................... ad. No. 104, 2005

c. 41............................................... ad. No. 104, 2005

c. 42............................................... ad. No. 104, 2005

c. 43............................................... ad. No. 104, 2005

c. 44............................................... ad. No. 104, 2005

Note to c 44(2)............................... am No 33, 2014

Subdivision C

Sdiv C of Div 4 of Pt 2 .................. ad No 33, 2014

c 44A............................................. ad No 33, 2014

Division 5

c. 45............................................... ad. No. 104, 2005

c. 46............................................... ad. No. 104, 2005

Heading to c. 47............................. am. No. 104, 2005

c. 47............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014; No 41, 2015

c. 48............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 49............................................... ad. No. 104, 2005

am. No. 104, 2005

Part 3

Division 1

c. 50............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

Division 2

c. 51............................................... ad. No. 104, 2005

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 263

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005

rs No 33, 2014

c. 52............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 53............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 54............................................... ad. No. 104, 2005

c 54A............................................. ad No 33, 2014

c. 55............................................... ad. No. 104, 2005

am. No. 104, 2005

c 55A............................................. ad No 33, 2014

c. 56............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 57............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

c 57A............................................. ad No 33, 2014

c. 58............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

c 58A............................................. ad No 33, 2014

c. 59............................................... ad. No. 104, 2005

c. 60............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 61............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 62............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 63............................................... ad. No. 104, 2005

Division 3

c. 64............................................... ad. No. 104, 2005

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Endnotes

Endnote 4—Amendment history

264 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005; No 33, 2014

c. 65............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 66............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 67............................................... ad. No. 104, 2005

c 67A............................................. ad No 33, 2014

c. 68............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 69............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

Heading to c. 70............................. am. No. 104, 2005

c. 70............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

Heading to c. 71............................. am. No. 104, 2005

rs No 33, 2014

c. 71............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 72............................................... ad. No. 104, 2005

am. No. 104, 2005

rep No 33, 2014

c 72A............................................. ad No 33, 2014

c. 73............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

c 73A............................................. ad No 33, 2014

c. 74............................................... ad. No. 104, 2005

c. 75............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 76............................................... ad. No. 104, 2005

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Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 265

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005

c. 77............................................... ad. No. 104, 2005

am. No. 104, 2005

Division 4

c. 78............................................... ad. No. 104, 2005

am No 33, 2014

c. 70............................................... ad. No. 104, 2005

c. 80............................................... ad. No. 104, 2005

c. 81............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 82............................................... ad. No. 104, 2005

c. 83............................................... ad. No. 104, 2005

c 83A............................................. ad No 33, 2014

Division 5

hdg to c 84..................................... rs No 33, 2014

c. 84............................................... ad. No. 104, 2005

am No 33, 2014

c 84A............................................. ad No 33, 2014

c. 85............................................... ad. No. 104, 2005

am No 33, 2014

Heading to c. 86............................. am. No. 104, 2005

rs No 33, 2014

c. 86............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c 86A............................................. ad No 33, 2014

Part 4

c. 87............................................... ad. No. 104, 2005

c. 88............................................... ad. No. 104, 2005

Part 5

c. 89............................................... ad. No. 104, 2005

am. No. 104, 2005

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Endnotes

Endnote 4—Amendment history

266 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rs No 33, 2014

Schedule 4

Schedule 4 heading........................ am No 45, 2005

Part 1

Part 1 heading................................ am No 45, 2005

c. 1................................................. am. No. 52, 1999; No. 142, 2000; No. 140, 2002; No. 35, 2004;

No 45, 2005; No. 104, 2005; No. 155, 2006; No. 44, 2012; No 33

and 109, 2014; No 38, 2015; No 145, 2015

Authorised Version C2017C00179 registered 30/06/2017

أستراليا

AU448

Telecommunications Act 1997 (consolidated as of June 23, 2017)