This compilation was prepared on 10 June 2010 taking into account amendments up to Act No. 51 of 2010
[Note: Subsections 531F(1) and (2) and paragraphs 531G(2)(e) and (3A)(e) ceased to have effect on 27 May 2009, see subsections 531F(3), 531G(3) and (3B)]
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part 1—Introduction
1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 Objects...............................................................................................1 4 Regulatory policy ..............................................................................3 5 Simplified outline..............................................................................3 6 Main index.........................................................................................7 7 Definitions.........................................................................................8 8 Crown to be bound ..........................................................................19 9 Extra-territorial application .............................................................19 10 Extension to external Territories .....................................................19 11 Extension to offshore areas..............................................................19 11A Application of the Criminal Code ...................................................20 12 Act subject to Radiocommunications Act........................................20 13 Continuityof partnerships...............................................................20 14 Controlled carriage services, controlled networks and
controlled facilities..........................................................................21 15 Content service................................................................................22 16 Listed carriage services ...................................................................23 18 Access to an emergency call service................................................23 19 Recognised person who operates an emergency call service...........24 20 Customer cabling.............................................................................24 21 Customer equipment........................................................................24 22 Customer cabling and customer equipment—boundary of a
telecommunications network...........................................................25
23 Immediate circle..............................................................................27
24 Extended meaning of use.................................................................32
Part 2—Network units 33
Division 1—Simplified outline 33 25 Simplified outline............................................................................33
Division 2—Basic definition 34 26 Single line links connecting distinct places in Australia..................34 27 Multiple line links connecting distinct places in Australia..............34 28 Designated radiocommunications facility........................................35 29 Facilities specified in Ministerial determination..............................36
Division 3—Related definitions 37 30 Line links.........................................................................................37 31 Designated radiocommunications facility........................................37 32 Public mobile telecommunications service......................................39
33 Intercell hand-over functions...........................................................40
34 When a base station is part of a terrestrial radiocommunications customer access network..............................41
35 Fixed radiocommunications link .....................................................42
Division 4—Distinct places 44 36 Distinct places—basic rules.............................................................44 37 Properties.........................................................................................44 38 Combined areas...............................................................................45 39 Principal user of a property .............................................................46 40 Eligible combined areas...................................................................46
Part 3—Carriers 47
Division 1—Simplified outline 47 41 Simplified outline............................................................................47
Division 2—Prohibitions relating to carriers 48 42 Network unit not to be used without carrier licence or
nominated carrier declaration..........................................................48 43 Continuing offences.........................................................................49 44 Supply to the public.........................................................................49 45 Exemption—defence.......................................................................51 46 Exemption—intelligence operations................................................51 47 Exemption—transport authorities....................................................52 48 Exemption—broadcasting services..................................................53 49 Exemption—electricity supply bodies.............................................55 50 Exemption—line links authorised by or under previous laws .........55 51 Exemption—Ministerial determination...........................................57
Division 3—Carrier licences 59 52 Applications for carrier licence .......................................................59 53 Form of application etc....................................................................59 53A Copy of application to be given to Communications Access
Co-ordinator ....................................................................................59 54 Application to be accompanied by charge.......................................59 55 Further information .........................................................................59 56 Grant oflicence...............................................................................60 56A Consultation with Communications Access Co-ordinator...............60 57 Carrier licence has effect subject to this Act....................................61 58 Refusal of carrier licence—disqualified applicant...........................62 58A Refusal of carrier licence—security ................................................64 59 Time limit on licence decision.........................................................65 60 Notification of refusal of application...............................................68 61 Conditions of carrier licence specified in Schedule 1......................68 61A Review before 1 July 2009 of conditions relating to
operational separation of Telstra .....................................................68
62 Condition of carrier licence set out in section 152AZ of the Trade Practices Act 1974 ................................................................69 63 Conditions of carrier licence declared by Minister..........................69 64 Consultation about declared licence conditions...............................71 65 Conditions about foreign ownership or control ...............................72 67 Carrier licence conditions—special provisions................................72 68 Compliancewith conditions............................................................72 69 Remedial directions—breach of condition ......................................73 69A Remedial directions—breach by Telstra of conditions relating to operational separation.....................................................74 69B Review by the Australian Competition Tribunal of remedial directions given by the ACCC.........................................................74 70 Formal warnings—breach of condition...........................................76 71 Surrender of carrier licence .............................................................76 72 Cancellation of carrier licence.........................................................77 73 Collection of charges relating to carrier licences.............................78 73A Refund of application charge...........................................................80 74 Collection of charges on behalf of the Commonwealth...................80 75 Cancellation of certain exemptions from charge .............................80 76 Commonwealth not liable to charge................................................81
Division 4—Nominated carrier declarations 82 77 Applications for nominated carrier declarations..............................82 78 Application to be accompanied by charge etc. ................................82 79 Form of application etc....................................................................82 80 Further information .........................................................................82 81 Making a nominated carrier declaration..........................................83 81A Obligations of nominated carrier.....................................................83 82 Notification of refusal of application...............................................84 83 Revocation of nominated carrier declaration...................................84
Division 5—Register of nominated carrier declarations and carrier licences 86 84 Register of nominated carrier declarations and carrier licences............................................................................................86
Part 4—Service providers 87
Division 1—Simplified outline 87 85 Simplified outline............................................................................87
Division 2—Service providers 88 86 Service providers.............................................................................88
Division 3—Carriage service providers 89 87 Carriage service providers...............................................................89 88 Supply to the public.........................................................................91
89 Exemption from definition—customers located on the same premises...........................................................................................92
90 Exemption from definition—defence..............................................92
91 Exemption from definition—intelligence operations.......................93
92 Exemption from definition—transport authorities...........................93
93 Exemption from definition—broadcasting services.........................94
94 Exemption from definition—electricity supply bodies....................95
95 Exemption from definition—Ministerial determination..................95
96 Exemption from certain regulatory provisions—Ministerial determination...................................................................................96
Division 4—Content service providers 97 97 Contentservice providers................................................................97
Division 5—Service provider rules 98 98 Service provider rules......................................................................98 99 Serviceproviderdeterminations......................................................98 100 Exemptions from service provider rules..........................................99 101 Service providers must complywith service provider rules............99 102 Remedial directions—breach of service provider rules.................100 103 Formal warnings—breach of service provider rules......................101
Part 5—Monitoring of the performance of carriers and carriage service providers 102 104 Simplified outline..........................................................................102 105 Monitoring of performance—annual report...................................102 105A Monitoring of performance—additional report .............................104
Part 6—Industry codes and industry standards 105
Division 1—Simplified outline 105 106 Simplified outline..........................................................................105
Division 2—Interpretation 106 107 Industry codes................................................................................106 108 Industry standards..........................................................................106 108A Electronic messaging service provider..........................................106 108B Telecommunications industry........................................................106 109 Telecommunications activity.........................................................107 109A E-marketing activity......................................................................107 109B Telemarketing activity...................................................................108 109C Fax marketing activity...................................................................110 110 Sections of the telecommunications industry ................................112 110A Sections of the e-marketing industry.............................................113 110B Sections of the telemarketing industry...........................................114 110C Sections of the fax marketing industry ..........................................115 111 Participants in a section of the telecommunications industry ........115
111A Participants in a sectionof the e-marketing industry.....................115 111AA Participants in a section of the telemarketing industry ..................116 111AB Participants in a sectionof the fax marketing industry..................116 111B Unsolicited commercial electronic messages ................................116
Division 3—General principles relating to industry codes and
industry standards 117 112 Statement of regulatory policy.......................................................117 113 Examples of matters that may be dealt with by industry
codes and industry standards.........................................................119 114 Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman ............................122 115 Industry codes and industry standards not to deal with certain design features and performance requirements..................122 116 Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act.............................................................123 116A Industry codes and standards do not affect Privacy Act 1988........123
Division 4—Industry codes 124 117 Registration ofindustry codes.......................................................124 118 ACMA may request codes.............................................................126 119 Publication of notice where no body or association
represents a section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry.........................................................................128
120 Replacement of industry codes......................................................128 121 Directions about compliance with industry codes .........................129 122 Formal warnings—breachof industry codes.................................130 122A De-registering industry codes and provisions of industry
codes..............................................................................................131
Division 5—Industry standards 132 123 ACMA may determine an industry standard if a request for an industry code is not complied with...........................................132 124 ACMA may determine industry standard where no industry body or association formed............................................................133 125 ACMA may determine industry standards where industry codes fail .......................................................................................134 125A ACMA must determine certain industry standards relating to the telemarketing industry.............................................................135 125B ACMA must determine certain industry standards relating to the fax marketing industry.............................................................136 126 Industry standards not to be determined for certain privacy matters...........................................................................................137 127 Industry standards not to be determined during the first 180 days after commencement.............................................................137 128 Compliance with industry standards..............................................137
129 Formal warnings—breach of industrystandards...........................138 130 Variation of industry standards......................................................138 131 Revocation of industry standards...................................................139 132 Public consultation on industry standards......................................139 133 Consultation with ACCC and the Telecommunications
Industry Ombudsman ....................................................................140 134 Consultation with Privacy Commissioner .....................................140 135 Consultation with consumer body.................................................141 135A Consultation with the States and Territories..................................141
Division 6—Register of industry codes and industry standards 142 136 ACMA to maintain Register of industry codes and industry standards........................................................................................142
Division 6A—Reimbursement of costs of development of consumer-related industry codes 143 136A Application for eligibility for reimbursement of costs of development of consumer-related industry code...........................143 136B Declaration of eligibility for reimbursement of costs of development of consumer-related industry code...........................144 136C Reimbursement of costs of developing consumer-related
industry code.................................................................................145
136D Costs—transactions betweenpersons not at arm’s length.............146
136E Refundable cost.............................................................................147
Division 7—Miscellaneous 148 137 Protection from civil proceedings..................................................148 138 Implied freedom of political communication.................................148 139 Agreements for the carrying on of telemarketing activities or
fax marketing activities must require compliance with this Part ................................................................................................148
Part 13—Protection of communications 150
Division 1—Introduction 150 270 Simplified outline..........................................................................150 271 Eligible person...............................................................................150 272 Number-database operator and eligible number-database
person ............................................................................................151 273 Information....................................................................................151 274 Telecommunications contractor.....................................................151 275 Number-database contractor..........................................................151 275A Location information.....................................................................152 275B Emergency management person....................................................152 275C Emergency.....................................................................................153 275D Emergency law..............................................................................153 275E Relevant information.....................................................................153
Telecommunications Act 1997
Division 2—Primary disclosure/use offences 154 276 Primary disclosure/use offence—eligible persons.........................154 277 Primary disclosure/use offence—eligible number-database
persons...........................................................................................156 278 Primary disclosure/use offence—emergency call persons.............157
Division 3—Exceptions to primary disclosure/use offences 159
Subdivision A—Exceptions 159 279 Performance of person’s duties .....................................................159 280 Authorisation by or under law.......................................................160 281 Witnesses.......................................................................................160 284 Assisting the ACMA, the ACCC or the Telecommunications
Industry Ombudsman ....................................................................161 285 Integratedpublicnumber database................................................161 285A Data for emergency warnings........................................................165 286 Calls to emergency service number...............................................166 287 Threat to person’s life or health.....................................................166 288 Communications for maritime purposes........................................167 289 Knowledge or consent of person concerned..................................167 290 Implicit consentof sender and recipient of communication..........167 291 Business needs of other carriers or service providers....................167 291A Location dependent carriage services............................................170 292 Circumstances prescribed in the regulations..................................171 293 Uses connected with exempt disclosures.......................................171 294 Effect of this Subdivision..............................................................171
Subdivision B—Burden of proof 172 295 Burden of proof.............................................................................172
Division 3A—Integrated public number database authorisations 173
Subdivision A—ACMA scheme for the granting of authorisations 173 295A ACMA to make integrated public number database scheme.........173 295B Scheme must deal with certain matters..........................................173 295C Applications may be treated differently.........................................173 295D Scope of authorisations..................................................................174 295E Provisional and final authorisations...............................................174 295F Conditions .....................................................................................174 295G Varying or revoking authorisations ...............................................174 295H Scheme may confer administrative powers on the ACMA............174 295J Ancillary or incidental provisions..................................................174 295K Scheme-making power not limited................................................175 295L Variation of scheme.......................................................................175 295M Consultation ..................................................................................175
Subdivision B—Ministerial instruments 175 295N Criteria for deciding authorisation applications.............................175
295P Conditions .....................................................................................176 295Q Other reviewable decisions............................................................176
Subdivision C—Enforcing compliance with conditions of authorisations 176 295R Offence of breaching a condition ..................................................176 295S Remedial directions for breaching a condition..............................177 295T Formal warnings for breaching a condition...................................177
Subdivision D—Report to Minister 177 295U Report to Minister .........................................................................177
Division 3B—Emergency warnings 179 295V Use or disclosure of information by emergency management persons...........................................................................................179 295W Use or disclosure of information byother persons........................179 295X Effect on telecommunications network .........................................180 295Y Coronial and other inquiries..........................................................180 295Z Offence—use or disclosure of information by emergency management persons .....................................................................180 295ZA Offence—use or disclosure of information by other persons.........181 295ZB Reports of access...........................................................................181 295ZC Annual reports to the ACMA and Privacy Commissioner.............182 295ZD Arrangements with States and Territories......................................182 295ZE Commonwealth immunity.............................................................183
Division 4—Secondary disclosure/use offences 184 296 Performance of person’s duties .....................................................184 297 Authorisation by or under law.......................................................184 299 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman ....................................................................184 299A Integratedpublic number database................................................185 300 Threat to person’s life or health.....................................................186 301 Communications for maritime purposes........................................186 302 Business needs of other carriers or service providers....................186 302A Location dependent carriage services............................................187 303 Secondary offence—contravening this Division ...........................187 303A Generality of Division not limited.................................................187
Division 4A—Relationship with the Privacy Act 1988 188 303B Acts taken to be authorised by law for purposes of Privacy Act.................................................................................................188 303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988 .......................................188
Division 5—Record-keeping requirements 189 304 Associate .......................................................................................189
305 Authorisations under the Telecommunications (Interception and Access) Act 1979.....................................................................189
306 Record of disclosures—general.....................................................189
306A Record of disclosures—prospective authorisation under the Telecommunications (Interception and Access) Act 1979 .............191
307 Incorrect records............................................................................192
308 Annual reports to the ACMA by carriers, carriage service providers or number-database operators........................................192
309 Monitoring by the Privacy Commissioner.....................................193
Division 6—Instrument-making powers not limited 194 310 Instrument-making powers not limited..........................................194
Part 14—National interest matters 195 311 Simplified outline..........................................................................195 312 ACMA’s obligations .....................................................................195 313 Obligations of carriers and carriage service providers...................196 314 Terms and conditions on which help is to be given.......................198 315 Suspension of supply of carriage service in an emergency............199 316 Generality of Part not limited........................................................200
Part 16—Defence requirements and disaster plans 201
Division 1—Introduction 201 333 Simplified outline..........................................................................201 334 Defenceauthority..........................................................................201
Division 2—Supply of carriage services 202 335 Requirement to supply carriage services for defence purposes or for the management of natural disasters.....................202
Division 3—Defence planning 204 336 Definitions.....................................................................................204 337 Preparation of draft agreement ......................................................204 338 ACMA’s certification of draft agreement......................................205 339 Requirement to enter into certified agreement...............................206 340 Compliancewith agreement..........................................................206 341 Withdrawal of certification of agreement......................................206 342 Duration of agreement...................................................................206 343 Variation of agreement..................................................................207
Division 4—Disaster plans 208 344 Designated disaster plans...............................................................208 345 Carrier licence conditions about designated disaster plans............208 346 Service provider determinations about designated disaster
plans ..............................................................................................208 346A Carrier and carriage service provider immunity ............................208
Division 5—Delegation 209 347 Delegation .....................................................................................209
Part 17—Pre-selection in favour of carriage service providers 210 348 Simplified outline..........................................................................210 349 Requirement to provide pre-selection............................................210 350 When pre-selection is provided in favour of a carriage service provider.............................................................................211 350A Declared carriage services.............................................................212 351 Pre-selection to be provided..........................................................213 352 Exemptions from requirement to provide pre-selection.................214 353 Use of over-ride dial codes............................................................214
Part 18—Calling line identification 216 354 Simplified outline..........................................................................216 355 Callingline identification..............................................................216 356 Exemptions from calling line identification requirement ..............216
Part 19—Advanced Mobile Phone System (AMPS) 218 357 Simplified outline..........................................................................218 358 Meaning of AMPS .........................................................................218 359 Scope of Part .................................................................................218 360 No new AMPS...............................................................................218 361 AMPS to be phased out.................................................................218 362 Limited exemption from phase-out of AMPS................................219 363 Competition not to be reduced.......................................................220
Part 20—International aspects of activities of the telecommunications industry 221
Division 1—Simplified outline 221 364 Simplified outline..........................................................................221
Division 2—Compliance with international agreements 222 365 INTELSAT and Inmarsat—directions to Signatories....................222 366 Compliance with conventions........................................................222
Division 3—Rules of conduct about dealings with international telecommunications operators 224 367 Rules of conduct about dealings with international telecommunications operators.......................................................224 368 ACCC to administer Rules of Conduct..........................................226 369 Rules of Conduct to bind carriers and carriage service providers........................................................................................226 370 Unenforceability of agreements.....................................................227 371 Investigations by the ACCC..........................................................227 372 Reviews of the operation of this Division......................................227
Part 21—Technical regulation 229
Division 1—Simplified outline 229 373 Simplified outline..........................................................................229
Division 2—Interpretative provisions 231 374 Part applies to networks or facilities in Australia operated by carriers or carriage service providers.............................................231 375 Manager of network or facility......................................................231
Division 3—Technical standards about customer equipment and
customer cabling 232 376 ACMA’s power to make technical standards ................................232 377 Adoption of voluntary standards ...................................................233 378 Procedures for making technical standards....................................233 379 Making technical standards in cases of urgency............................234
Division 4—Disability standards 236 380 Disability standards.......................................................................236 381 Adoption of voluntary standards ...................................................237 382 Procedures formaking disability standards...................................237 383 Effect of compliance with disability standards..............................238
Division 5—Technical standards about the interconnection of
facilities 239 384 ACMA’s power to make technical standards ................................239 385 Adoption of voluntary standards ...................................................240 386 Procedures for making technical standards....................................240 387 Procedures for making technical standards....................................241 388 Provision of access........................................................................242 389 Promotion of the long-term interests of end-users of carriage
services and of services supplied by means of carriage services..........................................................................................242
Division 6—Connection permits and connection rules 243
Subdivision A—Connection permits authorising the connection of non-standard customer equipment and non-standard cabling 243
390 Application for connection permit.................................................243 391 Form of application .......................................................................243 392 Application to be accompanied by charge.....................................244 393 Further information .......................................................................244 394 Issue of connection permits...........................................................244 395 Connection permit has effect subject to this Act ...........................245 396 Nominees of holder .......................................................................245 397 Duration of connection permits.....................................................245 398 Conditions of connection permits..................................................245
399 Offenceof contravening condition................................................246 400 Formal warnings—breach of condition.........................................247 401 Surrender of connection permit.....................................................247 402 Cancellation of connection permit.................................................247 403 Registerof connection permits......................................................247
Subdivision B—Connection rules 248 404 Connection rules............................................................................248 405 Procedures for making connection rules........................................249
Division 7—Labelling of customer equipment and customer cabling 251 406 Application of labels......................................................................251 406A Application of Division to agent of manufacturer or importer ......251 407 Labelling requirements..................................................................251 408 Requirements to apply labels—ancillary matters ..........................252 409 Recognised testing authorities and competent bodies....................253 410 Certification bodies .......................................................................254 411 Connection of customer equipment or customer cabling—
breach of section 376 standards.....................................................254
412 Connection of labelled customer equipment or customer cabling not to be refused................................................................256
413 Supply of unlabelled customer equipment or unlabelled customer cabling............................................................................257
414 Applying labels before satisfying requirements under
subsection 408(5) ..........................................................................258 415 Failureto retain records etc...........................................................258 416 Application of labels containing false statements about
compliance with standards.............................................................259
Division 8—Protected symbols 260 417 Protected symbols..........................................................................260
Division 9—Cabling providers 264 418 Cablingwork.................................................................................264 419 Types of cabling work...................................................................264 420 Prohibition of unauthorised cabling work......................................264 421 Cablingprovider rules...................................................................265 422 Procedures formaking cabling provider rules...............................266 423 Application for cabling licence......................................................266 424 Form of application .......................................................................267 425 Application to be accompanied by charge.....................................267 426 Further information .......................................................................267 427 Grant of cabling licence.................................................................267 428 Time limit on licence decision.......................................................268 429 Notification of refusal of application.............................................268 430 Cabling licencehas effect subject tothis Act................................268
431 Duration of cabling licence............................................................269 432 Conditions of cabling licence........................................................269 433 Procedures for changing licence conditions ..................................269 434 Offence in relation to contravening condition...............................270 435 Formal warnings—breach of condition.........................................271 436 Surrender of cabling licence..........................................................271 437 Suspension of cabling licence........................................................271 438 Cancellation of cabling licence......................................................272 439 ACMA may limit application of Division in relation to
customer cabling............................................................................272 440 Ministerial directions.....................................................................273 441 Delegation .....................................................................................273 442 Register of cabling licences...........................................................274
Division 10—Remedies for unauthorised connections to telecommunications networks etc. 275 443 Civil action for unauthorised connections to
telecommunications networks etc..................................................275
444 Remedy for contravention of labelling requirements.....................276
445 Remedies for connection of unlabelled customer equipment
or unlabelled customer cabling......................................................277
446 Disconnection of dangerous customer equipment or customer cabling............................................................................279
447 Disconnection of customer equipment or customer cabling— protection of the integrity of networks and facilities.....................280
448 Civil action for dangerous connections to telecommunications networks etc..................................................281
449 Other remedies not affected...........................................................282
Division 11—Prohibited customer equipment and prohibited customer cabling 283 450 Declaration of prohibited customer equipment or prohibited
customer cabling............................................................................283
451 Consultation on proposed declaration............................................284
452 Operation of prohibited customer equipment or customer
cabling...........................................................................................284
Division 12—Pre-commencement labels 285 453 Pre-commencement labels.............................................................285
Division 13—Penalties payable instead of prosecution 286 453A Penalties payable instead of prosecution .......................................286
Part 22—Numbering of carriage services and regulation of electronic addressing 287
Division 1—Simplified outline 287 454 Simplified outline..........................................................................287
Division 2—Numbering of carriage services 288
Subdivision A—Numbering plan 288 455 Numbering plan.............................................................................288 456 Numbering plan—supply to the public..........................................289 457 Numbering plan—allocation otherwise than in accordance
with an allocation system ..............................................................290 458 Numbering plan—rules about portability of allocated
numbers .........................................................................................290 459 ACMA to administer numbering plan...........................................291 460 Consultation about numbering plan...............................................291 461 Consultation with ACCC...............................................................293 462 Compliance with the numbering plan............................................293
Subdivision B—Allocation system for numbers 294 463 Allocation system for numbers......................................................294 464 Consultation about an allocation system........................................295
Subdivision C—Miscellaneous 296 465 Register of allocated numbers .......................................................296 466 Emergency service numbers..........................................................297 467 Delegation .....................................................................................298 468 Collection of numbering charges...................................................299 469 Collection of charges on behalf of the Commonwealth.................301 470 Cancellation of certain exemptions from charge ...........................301 471 Commonwealth not liable to charge..............................................301 472 Integratedpublicnumber database................................................302 473 Letters and symbols taken to be numbers......................................302
Division 3—Regulation of electronic addressing 303 474 Declared manager ofelectronic addressing...................................303 475 ACMA may give directions to declared manager of
electronic addressing.....................................................................303 476 ACCC may give directions to declared manager of electronic addressing......................................................................................304 477 ACCC’s directions to prevail over the ACMA’s directions ..........305
Part 23—Standard agreements for the supply of carriage services 306 478 Simplified outline..........................................................................306 479 Standard terms and conditions apply unless excluded...................306 480 Standard form of agreement to be publicly available ....................307 480A Other information to be publicly available....................................308 481 Standard form of agreement to be given to the ACMA.................309 482 Concurrent operation of State/Territory laws................................309 483 Trade Practices Act not affected by this Part.................................309
Part 24—Carriers’ powers and immunities 310 484 Schedule 3.....................................................................................310
Part 24A—Submarine cables 311 484A Schedule 3A ..................................................................................311
Part 25—Public inquiries 312
Division 1—Simplified outline 312 485 Simplified outline..........................................................................312
Division 2—Inquiries by the ACMA 313 486 When inquiry must be held............................................................313 487 When inquiry may be held.............................................................313 488 Informing the publicabout an inquiry...........................................314 489 Discussion paper............................................................................314 490 Written submissions and protection from civil actions..................314 491 Hearings ........................................................................................315 492 Hearing to be in public except in exceptional cases ......................316 493 Confidential material not to be published......................................316 494 Direction about private hearings....................................................317 495 Reports on inquiries.......................................................................318
Division 3—Inquiries by the ACCC 320 496 When inquiry must be held............................................................320 497 When inquiry may be held.............................................................320 498 Informing the publicabout an inquiry...........................................320 499 Discussion paper............................................................................321 500 Written submissions and protection from civil actions..................321 501 Hearings ........................................................................................322 502 Hearing to be in public except in exceptional cases ......................322 503 Confidential material not to be published......................................323 504 Direction about private hearings....................................................324 505 Reports on inquiries.......................................................................325 506 ACCC’s other powers not limited .................................................325
Part 26—Investigations 326 507 Simplified outline..........................................................................326 508 Matters to which this Part applies..................................................326 509 Complaints to the ACMA..............................................................327 510 Investigations by the ACMA.........................................................329 511 Preliminary inquiries.....................................................................329 512 Conduct of investigations..............................................................330 513 Complainant and certain other persons to be informed of
various matters ..............................................................................331
514 Reference of matters to Ombudsman or other responsible person ............................................................................................331 515 Reference of matters to the ACCC................................................333 515A Reference of matters to Privacy Commissioner.............................333 516 Reports on investigations...............................................................335 517 Publication of reports ....................................................................335 518 Person adversely affected by report to be given opportunity to comment....................................................................................336 519 Protection from civil actions..........................................................336
Part 27—The ACMA’s information-gathering powers 338
Division 1—Simplified outline 338 520 Simplified outline..........................................................................338
Division 2—Information-gathering powers 339 521 The ACMA may obtain information and documents from carriers and service providers........................................................339 522 The ACMA may obtain information and documents from
other persons..................................................................................340 523 Copying documents—reasonable compensation...........................342 524 Self-incrimination..........................................................................342 525 Giving false or misleading information or evidence......................342 527 Copies of documents .....................................................................343 528 ACMA may retain documents.......................................................343
Division 3—Record-keeping rules 344 529 ACMA may make record-keeping rules........................................344 530 Compliance with record-keeping rules..........................................344 531 Incorrect records............................................................................345
Part 27A—Information relating to a broadband telecommunications network 346
Division 1—Introduction 346 531A Simplified outline..........................................................................346 531B Definitions.....................................................................................347 531C Designated information.................................................................350 531D Designated request for proposal notice..........................................351 531E Action by the Commonwealth.......................................................352
Division 2—Carriers must give information to an authorised information officer 353 531F Carriers must give information to an authorised information officer [see Note 1]........................................................................353
Division 3—Protection of information 354 531G Protection of information—entrusted public officials [see Note 1]...........................................................................................354
531H Disclosure of protected carrier information to a company.............359 531J Stay of decisions............................................................................361 531K Protection of information—entrusted company officer.................361 531L Compensation of carrierfor loss or damage..................................363 531M Appointment of authorised information officers ...........................364 531N Restricted recipients rules..............................................................365 531P Storage, handling or destruction of protected carrier information....................................................................................365 531Q Submissions by companies............................................................366
Part 28—Enforcement 367
Division 1—Introduction 367 532 Simplified outline..........................................................................367 532A References to the Spam Act 2003 ..................................................368
Division 2—Inspectors and identity cards 369 533 Inspectors ......................................................................................369 534 Identitycards.................................................................................370
Division 3—Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act 371 535 Magistratemayissue warrant........................................................371 536 Reasonable grounds for issuing warrant etc. .................................371 537 Contents of warrant .......................................................................372 538 Warrants may be issued by telephone etc......................................372 539 Provisions relating to issue of warrant by telephone etc................372 540 Proceedings involving warrant issued by telephone etc.................374
Division 4—Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act 375 541 When is a thing connected with an offence?..................................375 541A When is a thing connected with a breach of the Spam Act 2003? .............................................................................................375 542 Searches and seizures....................................................................375 543 Production of identity card etc.......................................................376 544 Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003 ...........................377 545 Emergency entry, search and seizure.............................................378 546 Retention of things seized..............................................................379
Division 5—Searches to monitor compliance with Part 21 380 547 Searches to monitor compliance with Part 21................................380
Division 5A—Searches to monitor compliance with the Spam Act 2003 381 547A Powers available to inspectors for monitoring compliance ...........381 547B Monitoring powers ........................................................................381
547C Production of identity card etc.......................................................383 547D Monitoring warrants......................................................................383 547E Details of warrant to be given to occupier etc. ..............................384 547F Announcement before entry ..........................................................385 547G Compensation for damage to equipment .......................................385 547H Occupier entitled to be present during search................................386
Division 5B—Access to computer data that is relevant to the Spam Act 2003 387 547J Access to computer data that is relevant to the Spam Act 2003...............................................................................................387
Division 6—Other powers of inspectors 389 548 General powers of inspectors.........................................................389 549 Power to requireinformation etc...................................................390 550 Retention of documents.................................................................392
Division 7—Forfeiture 393 551 Court may order forfeiture.............................................................393 552 Forfeited goods may be sold..........................................................393
Division 8—Future offences 394 553 Offences that are going to be committed.......................................394
Part 29—Review of decisions 395 554 Simplified outline..........................................................................395 555 Decisions that may be subject to reconsideration by the
ACMA...........................................................................................395 556 Deadlines for reaching certain decisions .......................................395 557 Statements to accompanynotification of decisions.......................395 558 Applications for reconsideration of decisions................................396 559 Reconsideration by the ACMA .....................................................396 560 Deadlines for reconsiderations ......................................................397 561 Statements to accompany notification of decisions on
reconsideration ..............................................................................397 562 Review by the Administrative Appeals Tribunal...........................397
Part 30—Injunctions 398 563 Simplified outline..........................................................................398 564 Injunctions.....................................................................................398 565 Interim injunctions.........................................................................399 566 Discharge etc. of injunctions.........................................................400 567 Certain limits on granting injunctions not to apply........................400 568 Other powers of the court unaffected ............................................401
Part 31—Civil penalties 402 569 Simplified outline..........................................................................402
570 Pecuniary penalties for contravention of civil penalty provisions ......................................................................................402
571 Civil action for recovery of pecuniary penalties............................403
572 Criminal proceedings not to be brought for contravention of civil penalty provisions..................................................................404
Part 31A—Enforceable undertakings 405 572A Simplified outline..........................................................................405 572B Acceptance of undertakings...........................................................405 572C Enforcement of undertakings.........................................................406
Part 32—Vicarious liability 407 573 Simplified outline..........................................................................407 574 Proceedings under this Act............................................................407 574A Definition ......................................................................................407 575 Liabilityof corporations................................................................407 576 Liability of persons other thancorporations..................................409
Part 34—Special provisions relating to functions and powers of the ACMA and the Attorney-General in respect of telecommunications 411 579 Simplified outline..........................................................................411 580 ACMA must have regard to conventions.......................................411 581 Power to give directions to carriers and service providers.............412
Part 35—Miscellaneous 414 582 Simplified outline..........................................................................414 583 Penalties for certain continuing offences.......................................415 584 Procedure relating to certain continuing offences..........................415 585 Treatment of partnerships..............................................................416 586 Giving of documents to partnerships.............................................417 587 Nomination of address for service of documents...........................417 588 Service of summons or process on foreign corporations—
criminal proceedings .....................................................................418 589 Instruments under this Act may provide for matters by
reference to other instruments .......................................................418 590 Arbitration—acquisition of property.............................................420 591 Compensation—constitutional safety net......................................420 592 Act not to affect performance of State or Territory functions........421 593 Funding of consumer representation, and of research, in
relation to telecommunications......................................................421 594 Regulations....................................................................................422
Schedule 1—Standard carrier licence conditions 423
Part 1—Compliance with this Act 423 1 Compliancewith this Act..............................................................423
Part 3—Access to supplementary facilities 424 16 Simplified outline..........................................................................424 17 Access to supplementary facilities.................................................424 18 Terms and conditions of access.....................................................425 19 Ministerial pricing determinations.................................................426
Part 4—Access to network information 427 20 Simplified outline..........................................................................427 21 Access to network information......................................................427 22 Access to information in databases................................................428 23 Access to network planning information.......................................428 24 Access to information about likely changes to network
facilities—completion success rate of calls...................................429 25 Access to quality of service information etc..................................429 26 Security procedures.......................................................................431 27 Terms and conditions of compliance.............................................431 27A Code relating to access to information ..........................................432 28 Ministerial pricing determinations.................................................432 29 Consultation about reconfiguration etc..........................................433 29A Code relating to consultation.........................................................433
Part 5—Access to telecommunications transmission towers and to underground facilities 435 30 Simplified outline..........................................................................435 31 Definitions.....................................................................................435 32 Extended meaning of access..........................................................436 33 Access to telecommunications transmission towers......................436 34 Access to sites of telecommunications transmission towers..........437 35 Access to eligible underground facilities.......................................438 36 Terms and conditions of access.....................................................439 37 Code relating to access..................................................................440 38 Industry co-operation about sharing of sites and eligible underground facilities....................................................................441 39 This Part does not limit Part 3 of this Schedule.............................441
Part 6—Inspection of facilities etc. 442 40 Simplified outline..........................................................................442 41 Records relating to underground facilities.....................................442 42 Regularinspection of facilities......................................................443 43 Prompt investigation of dangerous facilities..................................443
44 Remedial action.............................................................................443
Part 7—Any-to-any connectivity 445 44A Simplified outline..........................................................................445 45 Definitions.....................................................................................445 46 Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any-to-any connectivity.................................................................445 47 Designated interconnection services..............................................447
Part 8—Operational separation of Telstra 448
Division 1—Introduction 448 48 Aim and objects.............................................................................448 49 Simplified outline..........................................................................450 50 Definitions.....................................................................................450 50A Designated services.......................................................................451 50B Declared network services.............................................................452 50C Notional contracts..........................................................................452
Division 2—Operational separation plan 453 51 Contents of draft or final operational separation plan....................453 52 Draft operational separation plan to be given to Minister..............454 53 Public comment—draft operational separation plan......................454 54 Approval of draft by Minister........................................................454 55 Effect of approval..........................................................................455 56 Variation of final operational separation plan................................456 56A Minister may direct Telstra to vary final operational
separation plan...............................................................................457
57 Public comment—variation of final operational separation plan................................................................................................457
58 Publication of final operational separation plan ............................458
Division 3—Rectification plan 459 59 Contents of draft or final rectification plan....................................459 60 Draft rectification plan to be given to Minister..............................459 61 Approval of draft by Minister........................................................459 62 Effect of approval..........................................................................461 63 Variation of final rectification plan ...............................................461 64 Minister may direct Telstra to vary final rectification plan ...........462 65 Compliance with final rectification plan........................................462 66 Publication of final rectification plan ............................................462
Schedule 2—Standard service provider rules 463
Part 1—Compliance with this Act 463 1 Compliancewith this Act..............................................................463
Part 2—Operator services 464 2 Simplified outline..........................................................................464 3 Scope of Part .................................................................................464 4 Operator services must be provided to end-users of a standard telephone service.............................................................464 5 Access to end-users of other carriage service providers................464
Part 3—Directory assistance services 466 6 Simplified outline..........................................................................466 7 Directory assistance services must be provided to end-users.........466 8 Access by end-users of other carriage service providers ...............466
Part 4—Integrated public number database 468 9 Simplified outline..........................................................................468 10 Carriage service providers must give information to Telstra.........468 11 Carriage service providers must give information to another person or association .....................................................................468
Part 5—Itemised billing 470 12 Simplified outline..........................................................................470 13 Itemised billing..............................................................................470 14 Exemptions from itemised billing requirements............................472 15 Details that are not to be specified in an itemised bill ...................472
Schedule 3—Carriers’ powers and immunities 473
Part 1—General provisions 473
Division 1—Simplified outline and definitions 473 1 Simplified outline..........................................................................473 2 Definitions.....................................................................................475 3 Designated overhead line...............................................................478 4 Extension to a tower to be treated as the installation of a facility ...........................................................................................478
Division 2—Inspection of land 479 5 Inspectionof land..........................................................................479
Division 3—Installation of facilities 480 6 Installation of facilities..................................................................480
Division 4—Maintenance of facilities 482 7 Maintenance of facilities ...............................................................482
Division 5—Conditions relating to the carrying out of authorised activities 485 8 Carrier to do as little damage aspracticable..................................485 9 Carrier to restore land....................................................................485 10 Management of activities...............................................................485
| 11 | Agreements with public utilities....................................................486 |
| 12 | Compliance with industry standards..............................................486 |
| 13 | Compliance with international agreements....................................486 |
| 14 | Conditions specified in the regulations..........................................486 |
| 15 | Conditions specified in a Ministerial Code of Practice..................486 |
| 16 | Conditions to which a facility installation permit is subject ..........487 |
| 17 | Notice to owner of land—general..................................................488 |
| 18 | Notice to owner of land—lopping of trees etc...............................489 |
| 19 | Notice to roads authorities, utilities etc..........................................491 |
| 20 | Roads etc. to remain open for passage...........................................492 |
Division 6—Facility installation permits 493 21 Application for facility installation permit ....................................493 22 Form of application .......................................................................493 23 Application to be accompanied by charge.....................................493 24 Withdrawal ofapplication.............................................................493 25 Issue of facility installation permit ................................................493 26 Deemed refusal of facility installation permit................................494 27 Criteria for issue of facility installation permit..............................495 28 Special provisions relating to environmentalmatters....................501 29 Consultation with the ACCC.........................................................502 30 Facility installation permit has effect subject to this Act...............502 31 Duration of facility installation permit ..........................................502 32 Conditions of facilityinstallation permit.......................................502 33 Surrender of facility installation permit.........................................503 34 Cancellation of facility installation permit ....................................503 35 Review of decisions by Administrative Appeals Tribunal.............503
Division 7—Exemptions from State and Territory laws 505 36 Activities not generally exempt from State and Territory
laws ...............................................................................................505 37 Exemption from State and Territory laws......................................505 38 Concurrent operation of State and Territory laws..........................506 39 Liability to taxation not affected....................................................506
Division 8—Miscellaneous 507 41 Guidelines......................................................................................507 42 Compensation................................................................................507 43 Power extends to carrier’s employees etc......................................508 44 State and Territory laws that discriminate against carriers
and users of carriage services........................................................508 45 State and Territory laws may confer powers and immunities on carriers......................................................................................510 46 ACMA may limit tort liability in relation to the supply of certain carriage services.................................................................510 47 Ownership of facilities ..................................................................511
48 ACMA may inform the public about designated overhead lines, telecommunications transmission towers and underground facilities....................................................................511 49 Review of options for placing facilities underground....................512 50 Monitoring of progress in relation to placing facilities underground...................................................................................513 51 Removal of certain overhead lines.................................................513 52 Commonwealth laws not displaced ...............................................515 53 Subdivider to pay for necessary alterations...................................515 54 Service of notices ..........................................................................516 55 Facilities installed before 1 January 2001 otherwise than in reliance on Commonwealth laws—environmental impact ............517
Part 2—Transitional provisions 520 60 Existing buildings, structures and facilities—application of State and Territory laws.................................................................520 61 Existing buildings, structures and facilities—application of the common law ............................................................................520
Part 3—Compensation for acquisition of property 521 62 Compensation for acquisition of property .....................................521 63 Application of this Part..................................................................522
Schedule 3A—Protection of submarine cables 523
Part 1—Preliminary 523 1 Simplified outline..........................................................................523 2 Definitions.....................................................................................523
Part 2—Protection zones 527
Division 1—Simplified outline 527 3 Simplified outline..........................................................................527
Division 2—Declaration of protection zones 528
Subdivision A—Declarations 528 4 ACMA may declare a protection zone...........................................528 5 Declaration on ACMA’s initiative or in response to request.........528 6 Response to a request to declare a protection zone........................528 7 Decision not to declare a requested protection zone or to declare a different protection zone.................................................529 8 Location of submarine cable tobe specified in declaration...........529 9 Area of a protection zone...............................................................530 10 Prohibited activities.......................................................................531 11 Restricted activities .......................................................................532 12 Conditions .....................................................................................533 13 When a declaration takes effect.....................................................533
14 Duration of declaration..................................................................533
Subdivision B—Prerequisites to declaration of a protection zone 534 15 ACMA to develop a proposal for a protection zone......................534 16 ACMA to refer proposal to advisory committee ...........................534 17 ACMA to publish proposal............................................................534 18 Cable must be a submarine cable of national significance.............535 19 Consultation with Environment Secretary.....................................535 20 Matters the ACMA must have regard to........................................535 21 Environment and heritage considerations......................................536 22 Deadline for final decision about protection zone .........................537
Division 3—Varying or revoking a declaration of a protection zone 538
Subdivision A—Variation or revocation 538 23 ACMA may vary or revoke a declaration of a protection zone ...............................................................................................538 24 Variation or revocation on ACMA’s initiative or in response to request.......................................................................................538 25 ACMA to notify affected carrier of request to vary or revoke
a declaration ..................................................................................538
26 Response to a request to vary or revoke a declaration...................538
27 Decision not to vary or revoke a declaration after a request to
do so..............................................................................................539
28 When a variation or revocation takes effect...................................539
29 Protection zone as varied must not exceed permitted area.............540
Subdivision B—Prerequisites to variation or revocation of
declaration 540 30 ACMA to develop a variation or revocation proposal...................540 31 ACMA to refer proposal to advisory committee ...........................540 32 ACMA to publish proposal............................................................540 33 Consultation with Environment Secretary.....................................541 34 Matters the ACMA must have regard to........................................541 35 Deadline for final decision about varying or revoking a
protection zone..............................................................................541
Division 4—Offences in relation to a protection zone 542
Subdivision A—Damaging a submarine cable 542 36 Damaging a submarine cable.........................................................542 37 Negligently damaging a submarine cable......................................542 38 Defence to offences of damaging a submarine cable.....................542 39 Master or owner of ship used in offence of damaging a
submarine cable.............................................................................543
Subdivision B—Engaging in prohibited or restricted activities 543 40 Engaging in prohibited or restricted activities...............................543
xxvii
41 Aggravated offence of engaging in prohibited or restricted activities ........................................................................................544 42 Defences to offences of engaging in prohibited or restricted activities ........................................................................................544 43 Alternative verdict if aggravated offence not proven ....................545 44 Master or owner of ship used in offence of engaging in prohibited or restricted activities...................................................545
Division 5—Miscellaneous 546 45 Person may claim damages............................................................546 46 Indemnity for lossof anchor etc....................................................546 47 ACMA to notify relevant authorities of declaration, variation etc. of protection zone ...................................................................547 48 Notice if carrier decommissions a submarine cable.......................547 49 Composition of advisory committee..............................................548
Part 3—Permits to install submarine cables 549
Division 1—Simplified outline 549 50 Simplified outline..........................................................................549
Division 2—Protection zone installation permits 550 51 Application for a permit to install a submarine cable in a protection zone..............................................................................550 52 Form of application etc..................................................................550 53 Application to be accompanied by charge.....................................550 54 Withdrawal ofapplication.............................................................550 55 Further information .......................................................................550 56 Grant or refusal of permit..............................................................550 57 Automatic refusal..........................................................................551 58 Refund of application charge if automatic refusal.........................552 59 Duration of permit.........................................................................552 60 Surrender of permit........................................................................552 61 Extension of permit .......................................................................552 62 Suspension or cancellation of permit.............................................553 63 Exemption from State and Territory laws......................................553
Division 3—Non-protection zone installation permits 555 64 Application for a permit to install a submarine cable in Australian waters (otherwise than in a protection zone or coastal waters)...............................................................................555 65 Form of application etc..................................................................555 66 Application to be accompanied by charge.....................................555 67 Withdrawal ofapplication.............................................................555 68 Further information .......................................................................555 69 Grant or refusal of permit..............................................................556
70 Consultation before the ACMA makes a decision about a permit ............................................................................................556 71 Matters the ACMA must have regard to before it makes a decision about a permit..................................................................556 72 Environment and heritage considerations......................................557 73 Time limit on decision about a permit...........................................558 74 Duration of permit.........................................................................558 75 Surrender of permit........................................................................559 76 Extension of permit .......................................................................559 77 Suspension or cancellation of permit.............................................559
Division 4—Conditions applicable to the installation of
submarine cables 560 78 Application of this Division ..........................................................560 79 Installation to do as little damage as practicable............................560 80 Management of installation activities............................................560 81 Compliance with industry standards..............................................560 82 Compliance with international agreements....................................561 83 Conditions specified in the regulations..........................................561
Division 5—Offences in relation to installation of submarine
cables 562 84 Installing a submarine cable without a permit...............................562 85 Breaching conditions of a permit...................................................562 86 Failing to comply with ACMA direction to remove an
unlawfully installed cable..............................................................563
Part 4—Compensation 564 87 Compensation................................................................................564 88 Compensation for acquisition of property .....................................564
Part 5—Miscellaneous 566 89 Review of operation of this Schedule............................................566
Schedule 4—Reviewable decisions of the ACMA 567
Part 1—Decisions that may be subject to reconsideration by the ACMA 567 1 Reviewable decisions of the ACMA .............................................567
Part 2—Decisions to which section 556 does not apply 570 2 Decisions to which section 556 does not apply .............................570
Notes 571
An Act about telecommunications, and for related purposes
This Act may be cited as the Telecommunications Act 1997.
The Parliament intends that telecommunications be regulated in a manner that:
but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 3.
The following is a simplified outline of this Act:
The following is a main index to this Act:
| Main Index | |||
|---|---|---|---|
| Item | Topic | Provisions | |
| 1 | AMPS (Advanced Mobile Phone System) | Part 19 | |
| 2 | Calling line identification | Part 18 | |
| 3 | Carriers’ powers and immunities | Part 24, Schedule 3 | |
| 4 | Carrier licence conditions | Part 3, Schedule 1 | |
| 5 | Carriers | Part 3 | |
| 6 | Communications, protection of | Part 13 | |
| 8 | Decisions, review of | Part 29, Schedule 4 | |
| 9 | Defence requirements and disaster plans | Part 16 | |
| 10 | Enforceable undertakings | Part 31A | |
| 11 | Enforcement | Part 28 | |
| 12 | Industry codes and industry standards | Part 6 | |
| 13 | Information-gathering powers | Part 27 | |
| 14 | Injunctions | Part 30 | |
| 15 | Inquiries, public | Part 25 | |
| 16 | International aspects | Part 20 | |
| 17 | Investigations | Part 26 | |
| 19 | Liability, vicarious | Part 32 | |
| 21 | National interest matters | Part 14 | |
| 22 | Network units | Part 2 | |
| 23 | Numbering and electronic addressing | Part 22 | |
| 24 | Penalties, civil | Part 31 | |
| 25 | Performance of carriers and carriage service | Part 5 | |
| providers, monitoring of | |||
| 26 | Pre-selection | Part 17 | |
| 28 | Service provider rules | Part 4, Schedule 2 | |
| 29 | Service providers | Part 4 | |
| 30 | Standard agreements for the supply of carriage | Part 23 | |
| services | |||
| 32 | Technical regulation | Part 21 | |
In this Act, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
ACCC official means a Commission official within the meaning of section 155AAA of the Trade Practices Act 1974.
ACCC’s telecommunications functions and powers means the functions and powers conferred on the ACCC by or under:
For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.
access, in relation to an emergency call service, has a meaning affected by section 18.
ACMA means the Australian Communications and Media Authority.
ACMA official has the same meaning as in the Australian Communications and Media Authority Act 2005.
ACMA’s telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005.
ACMA’s telecommunications powers means the powers conferred on the ACMA by:
(ba) Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979; or
aircraft includes a balloon.
Australia, when used in a geographical sense, includes the eligible Territories.
Australian number has the same meaning as in the Do Not Call Register Act 2006.
authorised information officer has the meaning given by section 531B.
customer access network has the meaning given by section 34. broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
cabling licence means a licence granted under section 427.
carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy. carriage service intermediary means a person who is a carriage
service provider under subsection 87(5). carriage service provider has the meaning given by section 87. carrier means the holder of a carrier licence. carrier licence means a licence granted under section 56. carry includes transmit, switch and receive. civil penalty provision means:
commercial electronic message has the same meaning as in the Spam Act 2003.
communications includes any communication:
Communications Access Co-ordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979.
connected, in relation to:
with or without the aid of any other article or device. defence purposes means any one or more of the following:
designated information has the meaning given by section 531C.
designated radiocommunications facility has the meaning given by section 31.
designated request for proposal notice has the meaning given by section 531D.
distinct places has the meaning given by section 36.
eligible partnership means a partnership where each partner is a constitutional corporation.
e-marketing industry means an industry that involves carrying on an e-marketing activity.
emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service.
Note: Recognised person who operates an emergency call service is defined by section 19.
Note: Recognised person who operates an emergency call service is defined by section 19.
(iii) an ambulance service; or
subparagraph (i), (ii), (iii) or (iv). For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call.
emergency service number has the meaning given by section 466.
entrusted company officer has the meaning given by section 531B.
entrusted public official has the meaning given by section 531B.
(iii) an ambulance service; or
(iv) an emergency service specified in the regulations;
(the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following:
the first force or service. For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service.
fax marketing industry means an industry that involves carrying on a fax marketing activity (as defined by section 109C).
Federal Court means the Federal Court of Australia.
fixed radiocommunications link has the meaning given by section 35.
immediate circle has the meaning given by section 23.
import means import into Australia.
inspector has the meaning given by section 533.
integrated public number database scheme means the scheme in force under section 295A.
intercell hand-over functions has the meaning given by section 33.
internet service provider has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.
levy means levy imposed by the Telecommunications (Universal Service Levy) Act 1997.
line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.
line link has the meaning given by section 30.
listed carriage service has the meaning given by section 16.
it would be concluded that the purpose, or one of the purposes, of the fax is:
(iii) to conduct opinion polling; or
(iv) to carry out standard questionnaire-based research.
member means a member of the ACMA (and does not include an associate member).
network unit has the meaning given by Division 2 of Part 2.
nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force.
nominated carrier declaration means a declaration under section 81.
numbering plan has the meaning given by section 455.
owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons).
person includes a partnership.
point-to-multipoint service means a carriage service which allows a person to transmit a communication to more than one end-user simultaneously.
protected carrier information has the meaning given by section 531B.
(iii) a Territory.
public mobile telecommunications service has the meaning given by section 32.
radiocommunication has the same meaning as in the Radiocommunications Act 1992.
radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992.
radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.
recognised testing authority has the meaning given by section 409.
record-keeping rule means a rule under section 529.
restricted recipients rules means rules made under section 531N.
satellite-based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite.
service provider has the meaning given by section 86.
service provider rules has the meaning given by section 98.
standard questionnaire-based research means research that involves people being asked to answer one or more standard questions, but does not include:
standard telephone service has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
telecommunications industry includes an industry that involves:
Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy.
it would be concluded that the purpose, or one of the purposes, of the call is:
(iii) to conduct opinion polling; or
(iv) to carry out standard questionnaire-based research.
telemarketing industry means an industry that involves carrying on a telemarketing activity (as defined by section 109B).
Telstra has the same meaning as in the Telstra Corporation Act 1991.
this Act includes the regulations.
universal service obligation has the same meaning as in the
Telecommunications (Consumer Protection and Service Standards) Act 1999.
universal service provider has the same meaning as in the
Telecommunications (Consumer Protection and Service Standards) Act 1999.
vessel means a vessel or boat of any description, and includes:
8 Crown to be bound
9 Extra-territorial application
This Act applies both within and outside Australia.
10 Extension to external Territories
This Act extends to:
11 Extension to offshore areas
(1) This Act applies in relation to the offshore areas of:
as if references in this Act to Australia included references to those offshore areas. This subsection has effect subject to subsection (2).
any person who is in the offshore area for a reason touching, concerning, arising out of or connected with:
continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.
offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
11A Application of the Criminal Code
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
12 Act subject to Radiocommunications Act
13 Continuity of partnerships
For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
14 Controlled carriage services, controlled networks and controlled facilities
Controlled carriage services
(1) For the purposes of this Act, if:
the carriage service is a controlled carriage service of the carrier or the provider, as the case may be.
Controlled networks
(2) For the purposes of this Act, if:
subsection (4); the network is a controlled network of the carrier or the provider, as the case may be.
Controlled facilities
(3) For the purposes of this Act, if:
subsection (4); the facility is a controlled facility of the carrier or provider, as the case may be.
Geographical test
(4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if:
(iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service.
Definition
(5) In this section:
telecommunications-related business means a business that consists of, or includes:
15 Content service
16 Listed carriage services
18 Access to an emergency call service
For the purposes of this Act, a person is taken not to have access to an emergency call service unless, in the event that the person attempts to place a call to the relevant emergency service number, the call can be established and maintained.
19 Recognised person who operates an emergency call service
20 Customer cabling
Note: Boundary of a telecommunications network is defined by section 22.
Note: Boundary of a telecommunications network is defined by section 22.
21 Customer equipment
Note: Boundary of a telecommunications network is defined by section 22.
but does not include:
Note : Boundary of a telecommunications network is defined by section 22.
22 Customer cabling and customer equipment—boundary of a telecommunications network
where the facility is used, installed ready for use or intended for use to supply the carriage service.
building includes a structure, a caravan and a mobile home.
23 Immediate circle
core function, in relation to an authority or institution, means a function of the authority or institution other than a secondary or incidental function.
director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
officer, in relation to a body corporate, includes a director, secretary, executive officer or employee of the body.
tertiary education institution means:
24 Extended meaning of use
Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:
Section 25
Part 2—Network units Division 1—Simplified outline 25 Simplified outline
The following is a simplified outline of this Part:
Section 26
Division 2—Basic definition
26 Single line links connecting distinct places in Australia
27 Multiple line links connecting distinct places in Australia
(1) If:
more than the statutory distance; each of those line links is a network unit.
Note: Statutory distance is defined by subsection (3).
(2) If:
more than the statutory distance; each of those line links is a network unit.
Note: Statutory distance is defined by subsection (3).
Section 28
owner means legal or beneficial owner, and own has a corresponding meaning.
related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group.
(5) For the purposes of this section, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.
28 Designated radiocommunications facility
Section 29
29 Facilities specified in Ministerial determination
Section 30
Division 3—Related definitions
30 Line links
the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link.
a line); in such a way that a communication can be carried, by means of the 2 lines, or by means of facilities including the 2 lines, in the same way as if the 2 lines were a single line.
(4A) A line does not form part of any line link to the extent that the line is on the customer side of the boundary of a telecommunications network.
Note: Boundary of a telecommunications network is defined by section 22.
(5) A facility other than a line does not form part of any line link.
31 Designated radiocommunications facility
(1) A reference in this Act to a designated radiocommunications facility is a reference to:
(a) a base station used, or for use, to supply a public mobile telecommunications service; or Section 31
determination under subsection (3); but does not include a reference to:
| Note 1: | Public mobile telecommunications service is defined by section 32. |
| Note 2: | Base station that is part of a terrestrial radiocommunications customer access network is defined by section 34. |
| Note 3: | Fixed radiocommunications link is defined by section 35. |
| Note 4: | Satellite-based facility is defined by section 7. |
Section 32
32 Public mobile telecommunications service
(1) For the purposes of this Act, if:
subsection (2), (3) or (4)); the service is a public mobile telecommunications service.
Section 33
eligible network unit means a network unit:
33 Intercell hand-over functions
Section 34
34 When a base station is part of a terrestrial radiocommunications customer access network
carrier signal of a primary broadcasting service; or both.
(3) For the purposes of paragraph (1)(h), a network is an exempt network if:
Section 35
(4) In this section:
broadcaster means:
35 Fixed radiocommunications link
Section 35
the communication referred to in paragraph (b) has the characteristic of double-ended interconnection.
(4) In this section: eligible network unit means a network unit:
Section 36
Division 4—Distinct places
36 Distinct places—basic rules
37 Properties
(a) there is a single freehold or leasehold title (as mentioned in paragraph (1)(a)) in relation to an area of land; and Section 38
(b) some but not all of that area is subject to a lease granted by
the holder of that title; then, an area of land:
land includes premises and a part of premises, but does not include unalienated Crown land.
lease includes sublease and leasehold title has a corresponding meaning.
38 Combined areas
the first-mentioned property, and the combined area referred to in paragraph (b), together form a combined area.
(3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a combined area is a reference to something that is a combined area because of any other application or applications of this section.
Section 39
39 Principal user of a property
principal purpose for which the property is used; they are taken to together be the principal user of the property.
40 Eligible combined areas
Section 41
Part 3—Carriers Division 1—Simplified outline 41 Simplified outline
The following is a simplified outline of this Part:
Section 42
Division 2—Prohibitions relating to carriers
42 Network unit not to be used without carrier licence or nominated carrier declaration
Note: See also sections 4AA and 4B of the Crimes Act 1914.
Section 43
43 Continuing offences
A person who contravenes section 42 is guilty of a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the contravention continues.
44 Supply to the public
(iii) the unit is used to supply designated content services (other than point-to-multipoint services) to one or more end-users, where at least one end-user is outside the immediate circle of the owner of the unit;
the unit is used to supply a carriage service to the public.
(3) If:
(i) the unit is used for the carriage of communications between 2 end-users, where each end-user is outside the overlap of the immediate circles of the owners of the unit; Section 44
(ii) the unit is used to supply point-to-multipoint services to end-users, where at least one end-user is outside the overlap of the immediate circles of the owners of the unit;
(iii) the unit is used to supply designated content services (other than point-to-multipoint services) to one or more end-users, where at least one end-user is outside the overlap of the immediate circles of the owners of the unit;
the unit is used to supply a carriage service to the public.
(4) If:
(iii) the unit is used to supply designated content services (other than point-to-multipoint services) to one or more end-users, where at least one end-user is outside the immediate circle of the nominated carrier in relation to the unit;
the unit is used to supply a carriage service to the public.
45 Exemption—defence
section 42 does not apply to the unit.
(3) In this section:
defence organisation means:
46 Exemption—intelligence operations
Section 42 does not apply to a network unit that is used wholly or principally:
Section 47
47 Exemption—transport authorities
Section 48
rail corporation means a body corporate that manages or operates either or both of the following:
48 Exemption—broadcasting services
(1) If :
section 42 does not apply to the unit.
(2) If:
(a) the principal use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:
(i) the supply of broadcasting services to the public; Section 48
(ii) the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and
section 42 does not apply to the unit.
section 42 of this Act does not apply to the line link.
(4A) For the purposes of this section, disregard subsection 212(3) of the Broadcasting Services Act 1992.
(5) In this section:
broadcasting transmitter means a radiocommunications transmitter used, or for use, to deliver a broadcasting service.
head end of a cable transmission system means a facility that:
49 Exemption—electricity supply bodies
section 42 does not apply to the unit.
(3) In this section:
electricity supply body means an authority, or a body corporate, that carries on a business, or performs a function, of:
50 Exemption—line links authorised by or under previous laws
(1) If:
(a) a line link consists of facilities in relation to which an authorisation was in force under paragraph 13(1)(a) of the Telecommunications Act 1975 immediately before the repeal of that Act; and Section 50
(b) the sole use of the line link is use as provided in, and in accordance with any conditions specified in, the authorisation;
section 42 of this Act does not apply to the line link.
(2) If:
section 42 of this Act does not apply to the line link.
(3) If a line link consists of facilities that:
section to be maintained and operated; section 42 of this Act does not apply to the line link.
(4) If:
section 42 of this Act does not apply to the line link.
(5) If:
(a) a line link consists of facilities in relation to which an authorisation was in force under section 46 of the Telecommunications Act 1989 immediately before the repeal of that Act; and Section 51
section 42 of this Act does not apply to the line link.
(6) If:
section 42 of this Act does not apply to the line link.
(7) If:
section 42 of this Act does not apply to the line link.
51 Exemption—Ministerial determination
(1) The Minister may, by written instrument, determine that section 42 does not apply in relation to:
Section 51
Section 52
Division 3—Carrier licences
52 Applications for carrier licence
A person may apply to the ACMA for a carrier licence, so long as the person is:
53 Form of application etc.
An application must be:
53A Copy of application to be given to Communications Access Co-ordinator
54 Application to be accompanied by charge
An application must be accompanied by the charge (if any) imposed on the application by Part 2 of the Telecommunications (Carrier Licence Charges) Act 1997.
55 Further information
(1) The ACMA may, within 20 business days after an application is made, request the applicant to give the ACMA, within the period specified in the request, further information about the application.
Section 56
business day means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.
56 Grant of licence
56A Consultation with Communications Access Co-ordinator
Note: Under section 53A, the application is treated as not being received by the ACMA until a copy has been received by the Communications Access Co-ordinator.
(3) Within 15 business days after the date on which the ACMA received the licence application, the Communications Access Co-ordinator may give a written notice to the ACMA:
(a) stating that, while the notice remains in force, the ACMA must not grant the carrier licence; and Section 57
(b) specifying the period during which the notice remains in force (unless earlier revoked), which period cannot end more than 3 months after the date of the notice.
However, the Communications Access Co-ordinator cannot give such a notice if the Communications Access Co-ordinator has earlier given a notice under subsection (2) in relation to the application.
business day means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.
57 Carrier licence has effect subject to this Act
(1) A carrier licence has effect subject to this Act.
Section 58
(2) In this section:
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
58 Refusal of carrier licence—disqualified applicant
(1) The ACMA may refuse to grant a carrier licence to an applicant if, immediately before the ACMA makes its decision on the application, the applicant is disqualified.
When body corporate is disqualified
(2) For the purposes of this section, a body corporate is disqualified at a particular time (the test time) if:
(iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.
When individual is disqualified—failure to pay annual charge
(3) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time) if:
(a) at any time before the test time, a carrier licence held by a body corporate or partnership was cancelled under subsection 72(1) because of a failure by the body corporate or partnership to pay in full the charge referred to in that subsection; and Section 58
When individual is disqualified—failure to pay universal service levy
(4) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time) if:
(iii) a person (by whatever name called and whether or not a director of the body corporate) who was concerned in, Section 58A
or took part in, the management of the body corporate; and
When partnership is disqualified
(5) For the purposes of this section, a partnership is disqualified at a particular time (the test time) if:
partnership; is disqualified.
This section does not limit grounds for refusal to grant carrier licence
(6) This section does not, by implication, limit the grounds on which the ACMA may refuse to grant a carrier licence.
58A Refusal of carrier licence—security
Note: Section 73A provides for refund of the application charge.
(5) In this section:
non-compulsory refusal means a refusal to grant a carrier licence, other than a refusal that is required by section 56A or this section.
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
59 Time limit on licence decision
Deemed refusal of licence application if no decision by deadline
(1) If the ACMA neither grants, nor refuses to grant, a carrier licence before the end of the deadline day worked out under the following subsections, then the ACMA is taken, at the end of that day, to have refused to grant the licence.
Case 1: no section 55 request and no section 56A notice in force
(2) If:
business day after the application day; then the deadline day is the 20th business day after the application day.
Section 59
Case 2: no section 55 request but section 56A notice in force
(3) If:
business day after the application day; then the deadline day is the fifth business day after the section 56A expiration day. For this purpose, the section 56A expiration day is the first day after the end of that 20th business day on which there is no notice in force under section 56A.
Case 3: section 55 request complied with and no section 56A notice in force
(4) If:
then the deadline day is the tenth business day after the day on which the request was complied with.
Case 4: section 55 request complied with and section 56A notice in force
(5) If:
then the deadline day is the fifth business day after the section 56A expiration day. For this purpose, the section 56A expiration day is the first day after the end of that tenth business day on which there is no notice in force under section 56A.
Section 59
Case 5: section 55 request not complied with and no section 56A notice in force
(6) If:
business day after the day specified in the section 55 request; then the deadline day is the tenth business day after the day specified in the section 55 request.
Case 6: section 55 request not complied with and section 56A notice in force
(7) If:
business day after the day specified in the section 55 request; then the deadline day is the fifth business day after the section 56A expiration day. For this purpose, the section 56A expiration day is the first day after the end of that tenth business day on which there is no notice in force under section 56A.
(8) In this section:
application day means the day on which the ACMA received the licence application.
Note: Under section 53A, the application is treated as not being received by the ACMA until a copy has been received by the Communications Access Co-ordinator.
business day means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.
section 55 request means a request under section 55 in relation to the licence application.
section 56A notice means a notice under subsection 56A(3) or (4) in relation to the licence application.
Section 60
60 Notification of refusal of application
If the ACMA refuses to grant a carrier licence, the ACMA must give written notice of the refusal to the applicant.
61 Conditions of carrier licence specified in Schedule 1
Note: A subsection 61A(1) review must be conducted before 1 July 2009.
61A Review before 1 July 2009 of conditions relating to operational separation of Telstra
Section 62
eligible service has the same meaning as in section 152AL of the Trade Practices Act 1974.
substantial degree of power in a telecommunications market has the same meaning as in Part XIB of the Trade Practices Act 1974.
telecommunications market has the same meaning as in Part XIB of the Trade Practices Act 1974.
62 Condition of carrier licence set out in section 152AZ of the Trade Practices Act 1974
A carrier licence is subject to the condition set out in section 152AZ of the Trade Practices Act 1974.
Note: Section 152AZ of the Trade Practices Act 1974 deals with standard access obligations.
63 Conditions of carrier licence declared by Minister
Conditions applying to each carrier licence
(1) The Minister may, by written instrument, declare that each carrier licence is subject to such conditions as are specified in the instrument.
Conditions applying to specified existing carrier licences
(2) The Minister may, by written instrument, declare that a specified carrier licence is subject to such conditions as are specified in the instrument.
Note: A licence may be specified by name, by inclusion in a specified class or in any other way.
Section 63
Conditions applying to specified future carrier licences
(3) The Minister may, by written instrument, declare that, in the event that a carrier licence is granted to a specified person during a specified period, the carrier licence is subject to such conditions as are specified in the instrument.
Declarations have effect
(4) A declaration under this section has effect accordingly.
Variation of conditions
(5) The Minister may, by written instrument, vary an instrument under subsection (1), (2) or (3).
Revocation of conditions
(6) The Minister may, by written instrument, revoke an instrument under subsection (1), (2) or (3).
Notification of conditions—existing licences
(7) As soon as practicable after the Minister makes an instrument under subsection (1), (2), (5) or (6) that relates to a licence, the Minister must give the holder of the licence a copy of the instrument.
Notification of conditions—future licences
(8) As soon as practicable after the Minister makes an instrument under subsection (3) that relates to a licence, the Minister must give the applicant for the licence a copy of the instrument.
Validity not affected by failure to notify conditions
(9) A contravention of subsection (7) or (8) does not affect the validity of an instrument.
Gazettal
(10) A copy of an instrument under subsection (1), (2), (3), (5) or (6) is to be published in the Gazette.
Section 64
Date of effect—existing licences
(11) An instrument under subsection (1), (2), (5) or (6) takes effect:
Date of effect—future licences
(12) An instrument under subsection (3) relating to a licence takes effect when the licence is granted.
Disallowable instrument
(13) An instrument under subsection (1), (2), (3), (5) or (6) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
64 Consultation about declared licence conditions
Section 65
65 Conditions about foreign ownership or control
67 Carrier licence conditions—special provisions
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
68 Compliance with conditions
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Section 69
69 Remedial directions—breach of condition
Note: Section 369 deals with Rules of Conduct under section 367.
(6) Subsection (1) does not apply to a condition set out in Part 3 or 4 of Schedule 1.
Note: Parts 3 and 4 of Schedule 1 deal with access to supplementary facilities and network information.
(7) Subsection (1) does not apply to the condition set out in section 152AZ of the Trade Practices Act 1974.
Note: Section 152AZ of the Trade Practices Act 1974 deals with standard access obligations.
(8) A direction under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 69A
69A Remedial directions—breach by Telstra of conditions relating to operational separation
69B Review by the Australian Competition Tribunal of remedial directions given by the ACCC
Application for review
Section 69B
Review
(3) If the Australian Competition Tribunal receives an application under this section for review of a section 69A direction, the Australian Competition Tribunal must review the direction.
Decision on review
(4) On a review of a section 69A direction, the Australian Competition Tribunal may make a decision:
Tribunal may perform all the functions and exercise all the powers of the ACCC.
(5) A decision by the Australian Competition Tribunal:
is taken, for the purposes of this Act (other than this section), to be a decision of the ACCC.
Conduct of review
Section 70
(8) To avoid doubt, Division 2 of Part IX of the Trade Practices Act 1974 applies to proceedings before the Australian Competition Tribunal under this section.
70 Formal warnings—breach of condition
Note: Section 369 deals with Rules of Conduct under section 367.
(3) Subsection (1) does not apply to a condition set out in Part 3 or 4 of Schedule 1.
Note: Parts 3 and 4 of Schedule 1 deal with access to supplementary facilities and network information.
(4) Subsection (1) does not apply to the condition set out in section 152AZ of the Trade Practices Act 1974.
Note: Section 152AZ of the Trade Practices Act 1974 deals with standard access obligations.
(5) The ACCC may issue a formal warning if a carrier contravenes any of the following conditions of the carrier licence held by the carrier:
(ba) if the carrier is Telstra—a condition set out in Part 8 of Schedule 1;
(c) the condition set out in section 152AZ of the Trade Practices Act 1974.
(6) Paragraph (5)(ba) does not limit subsection (1).
71 Surrender of carrier licence
A carrier may, by written notice given to the ACMA, surrender the carrier licence held by the carrier.
Section 72
72 Cancellation of carrier licence
Failure to pay annual charge
(1) The ACMA may cancel a carrier licence held by a carrier if the carrier fails to pay in full any annual charge on or before the date on which the charge becomes due and payable. For this purpose, annual charge means charge imposed by Part 3 of the
Telecommunications (Carrier Licence Charges) Act 1997.
Failure to pay universal service levy
(2) The ACMA may cancel a carrier licence held by a carrier if the carrier fails to pay in full any levy on or before the date on which the levy becomes due and payable.
Note: Levy is defined by section 7 to mean levy imposed by the Telecommunications (Universal Service Levy) Act 1997.
Becoming a disqualified body corporate
(3) If the holder of a carrier licence becomes a disqualified body corporate (within the meaning of section 58), the ACMA may cancel the licence.
Becoming a disqualified partnership
(4) If the holder of a carrier licence becomes a disqualified partnership (within the meaning of section 58), the ACMA may cancel the licence.
Ceasing to be a constitutional corporation, eligible partnership or public body
(5) If, at a particular time, the holder of a carrier licence is none of the following:
Section 73
Submissions relating to proposed cancellation
(6) The ACMA must not cancel a carrier licence under subsection (1), (2), (3) or (4) unless the ACMA has first:
Time limit
(7) A time limit specified in the notice under subsection (6) must run for at least 7 days.
Notification of cancellation
(8) If a carrier licence held by a person is cancelled, the ACMA must give written notice of the cancellation to the person.
73 Collection of charges relating to carrier licences
Definitions
(1) In this section:
annual charge means charge imposed by Part 3 of the Telecommunications (Carrier Licence Charges) Act 1997.
application charge means charge imposed by Part 2 of the Telecommunications (Carrier Licence Charges) Act 1997.
late payment penalty means an amount that is payable by way of penalty in accordance with a determination under subsection (4).
When application charge due and payable
(2) Application charge imposed on an application for a carrier licence is due and payable when the application is made.
Section 73
When annual charge due and payable
(3) Annual charge is due and payable at the time ascertained in accordance with a written determination made by the ACMA.
Late payment penalty
(4) The ACMA may, by written instrument, determine that, if any annual charge payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay to the Commonwealth, by way of penalty, an amount calculated at the rate of:
percentage per annum; on the amount unpaid, computed from that time.
Determination has effect
(5) A determination under subsection (4) has effect accordingly.
Remission of penalty
(6) A determination under subsection (4) may authorise the ACMA to make decisions about the remission of the whole or a part of an amount of late payment penalty.
Payment of charge and late payment penalty
(7) Annual charge, application charge and late payment penalty are payable to the ACMA on behalf of the Commonwealth.
Recovery of charge and penalty
(8) Annual charge, application charge and late payment penalty may be recovered by the ACMA, on behalf of the Commonwealth, as debts due to the Commonwealth.
Payment to the Commonwealth
(9) Amounts received by way of annual charge, application charge or late payment penalty must be paid to the Commonwealth.
Section 73A
Disallowable instrument
(10) A determination under subsection (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
73A Refund of application charge
application charge means charge imposed by Part 2 of the Telecommunications (Carrier Licence Charges) Act 1997.
74 Collection of charges on behalf of the Commonwealth
The ACMA may enter into an arrangement with a person under which the person may, on behalf of the Commonwealth, collect payments of charge imposed by the Telecommunications (Carrier Licence Charges) Act 1997.
75 Cancellation of certain exemptions from charge
Section 76
76 Commonwealth not liable to charge
Section 77
Division 4—Nominated carrier declarations
77 Applications for nominated carrier declarations
A carrier may apply to the ACMA for a nominated carrier declaration in relation to one or more specified network units.
Note: A network unit may be specified by name, by inclusion in a specified class or in any other way.
78 Application to be accompanied by charge etc.
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
79 Form of application etc.
The application, consent and election must be:
80 Further information
Section 81
81 Making a nominated carrier declaration
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
81A Obligations of nominated carrier
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
Section 82
82 Notification of refusal of application
If the ACMA refuses to make a nominated carrier declaration, the ACMA must give written notice of the refusal to:
83 Revocation of nominated carrier declaration
Section 83
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
Section 84
Division 5—Register of nominated carrier declarations and carrier licences
84 Register of nominated carrier declarations and carrier licences
Section 85
Part 4—Service providers Division 1—Simplified outline 85 Simplified outline
The following is a simplified outline of this Part:
Section 86
Division 2—Service providers
86 Service providers
For the purposes of this Act, a service provider is:
Section 87
Division 3—Carriage service providers
87 Carriage service providers
Basic definition
(1) For the purposes of this Act, if a person supplies, or proposes to supply, a listed carriage service to the public using:
declaration is in force; the person is a carriage service provider.
International carriage service providers
(2) For the purposes of this Act, if:
(c); the person is a carriage service provider.
Secondary users of exempt network units
(3) For the purposes of this Act, if:
(a) a carrier or an exempt network-user supplies a carriage service as mentioned in any of the following provisions:
(iii) paragraph 47(6)(b);
(vii) paragraph 48(4)(b);
(viii) paragraph 49(2)(b); Section 87
(b) the carriage service is supplied to the public;
the carrier or the exempt network-user, as the case may be, is a carriage service provider.
Declared carriage service providers
(4) The Minister may, by written instrument, declare that a specified person who supplies, or proposes to supply, a specified listed carriage service is a carriage service provider for the purposes of this Act. A declaration under this subsection has effect accordingly.
Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
Intermediaries
(5) For the purposes of this Act, if:
subsection (8) are satisfied; the person is a carriage service provider.
Note: Under section 7, carriage service intermediary is defined to mean a person who is a carriage service provider under this subsection.
(6) For the purposes of paragraph (5)(a), it does not matter whether the first person makes arrangements as agent for:
(a) the carriage service provider; or Section 88
Disallowable instrument
(9) An instrument under subsection (4) or (8) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
88 Supply to the public
of the service; the service is supplied to the public.
(3) If:
supplier of the service; the service is supplied to the public.
(4) If:
supplier of the service; the service is supplied to the public.
Section 89
89 Exemption from definition—customers located on the same premises
(1) If:
the premises; subsections 87(1) and (2) do not apply to the carriage service.
(2) In this section:
premises includes:
90 Exemption from definition—defence
defence organisation means:
(i) has functions corresponding to functions of, or of a part of, the Department of Defence or the Australian Defence Force; and Section 91
(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.
91 Exemption from definition—intelligence operations
Subsections 87(1) and (2) do not apply to a carriage service that is used wholly or principally:
92 Exemption from definition—transport authorities
rail corporation means a body corporate that manages or operates either or both of the following:
Section 93
93 Exemption from definition—broadcasting services
(1) If:
subsections 87(1) and (2) do not apply to the carriage service.
(2) If the sole or principal use of a carriage service is use for the purpose of a re-transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992, subsections 87(1) and (2) of this Act do not apply to the service.
(2A) For the purposes of this section, disregard subsection 212(3) of the Broadcasting Services Act 1992.
(3) In this section:
broadcasting transmitter means a radiocommunications
transmitter used, or for use, to deliver a broadcasting service.
head end of a cable transmission system means a facility that:
Section 94
94 Exemption from definition—electricity supply bodies
electricity supply body means an authority, or a body corporate, that carries on a business, or performs a function, of:
95 Exemption from definition—Ministerial determination
(1) The Minister may, by written instrument, determine that a specified eligible definition provision does not apply in relation to:
Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
Section 96
96 Exemption from certain regulatory provisions—Ministerial determination
(1) The Minister may, by written instrument, determine that a specified regulatory provision does not apply to a specified person in the person’s capacity as a designated carriage service provider. For this purpose, a designated carriage service provider is a person who is a carriage service provider under subsection 87(4) or (5).
Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
that contains a reference to a carriage service provider or to carriage service providers.
Section 97
Division 4—Content service providers
97 Content service providers
Section 98
Division 5—Service provider rules
98 Service provider rules
Note: Subsection 152BA(2) of the Trade Practices Act 1974 provides that a carriage service provider must comply with any standard access obligations that are applicable to the provider.
99 Service provider determinations
100 Exemptions from service provider rules
101 Service providers must comply with service provider rules
(1) A service provider must comply with the service provider rules that apply to the provider.
Note: Service provider rules is defined by section 98.
(2) A person must not:
Section 102
(3) Subsections (1) and (2) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
102 Remedial directions—breach of service provider rules
Note: Section 369 deals with Rules of Conduct under section 367.
(6) Subsection (1) does not apply to the rule set out in subsection 152BA(2) of the Trade Practices Act 1974.
Note: Subsection 152BA(2) of the Trade Practices Act 1974 provides that a carriage service provider must comply with any standard access obligations that are applicable to the provider.
(7) A direction under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 103
103 Formal warnings—breach of service provider rules
Note: Section 369 deals with Rules of Conduct under section 367.
(3) Subsection (1) does not apply to the rule set out in subsection 152BA(2) of the Trade Practices Act 1974.
Note: Subsection 152BA(2) of the Trade Practices Act 1974 provides that a carriage service provider must comply with any standard access obligations that are applicable to the provider.
Part 5—Monitoring of the performance of carriers and carriage service providers
104 Simplified outline
The following is a simplified outline of this Part:
105 Monitoring of performance—annual report
(ea) the operation of Parts 2 and 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999;
(f) such other matters relating to the performance of carriers or carriage service providers as the ACMA thinks appropriate.
(4) The ACMA must monitor, and report each financial year to the Minister on, the appropriateness and adequacy of the approaches taken by the carriage service providers in carrying out their obligations, and discharging their liabilities, under Part 5 of the
Telecommunications (Consumer Protection and Service Standards) Act 1999.
(5A) The ACMA must monitor, and report each financial year to the Minister on, the operation of Parts 14 and 15 and on the costs of compliance with the requirements of those Parts.
ancillary goods means goods for use in connection with a carriage service.
ancillary service means a service for use in connection with a carriage service.
105A Monitoring of performance—additional report
Section 106
Part 6—Industry codes and industry standards Division 1—Simplified outline 106 Simplified outline
The following is a simplified outline of this Part.
Section 107
Division 2—Interpretation
107 Industry codes
For the purposes of this Part, an industry code is a code developed under this Part (whether or not in response to a request under this Part).
108 Industry standards
For the purposes of this Part, an industry standard is a standard determined under this Part.
108A Electronic messaging service provider
electronic message has the same meaning as in the Spam Act 2003.
electronic messaging service means a service that enables any or all of the following electronic messages to be sent or received:
message has the same meaning as in the Spam Act 2003.
108B Telecommunications industry
For the purposes of this Part, the telecommunications industry includes an industry that involves carrying on business as an electronic messaging service provider.
Section 109
109 Telecommunications activity
For the purposes of this Part, a telecommunications activity is an activity that consists of:
109A E-marketing activity
(iii) using commercial electronic messages to market, advertise or promote land or interests in land, where the first person is not the supplier or prospective supplier of the land or interests in land; or Section 109B
109B Telemarketing activity
(i) using telemarketing calls to market, advertise or promote goods or services, where the first person is not the supplier or prospective supplier of the goods or services; or Section 109B
(ii) using telemarketing calls to advertise or promote a supplier or prospective supplier of goods or services, where the first person is not the supplier or prospective supplier of the goods or services; or
(iii) using telemarketing calls to market, advertise or promote land or interests in land, where the first person is not the supplier or prospective supplier of the land or interests in land; or
(3) This subsection applies to an activity carried on by a person if the activity consists of:
Section 109C
109C Fax marketing activity
(iii) using marketing faxes to market, advertise or promote land or interests in land, where the first person is not the Section 109C
supplier or prospective supplier of the land or interests in land; or
(3) This subsection applies to an activity carried on by a person if the activity consists of:
Section 110
provider of the business opportunities or investment opportunities.
110 Sections of the telecommunications industry
110A Sections of the e-marketing industry
Section 110B
(c) may be subsets of a section of the e-marketing industry mentioned in subsection (2) or determined under subsection (3).
110B Sections of the telemarketing industry
Section 110C
110C Sections of the fax marketing industry
111 Participants in a section of the telecommunications industry
For the purposes of this Part, if a person is a member of a group that constitutes a section of the telecommunications industry, the person is a participant in that section of the telecommunications industry.
111A Participants in a section of the e-marketing industry
For the purposes of this Part, if a person is a member of a group that constitutes a section of the e-marketing industry, the person is a participant in that section of the e-marketing industry.
Section 111AA
111AA Participants in a section of the telemarketing industry
For the purposes of this Part, if a person is a member of a group that constitutes a section of the telemarketing industry, the person is a participant in that section of the telemarketing industry.
111AB Participants in a section of the fax marketing industry
For the purposes of this Part, if a person is a member of a group that constitutes a section of the fax marketing industry, the person is a participant in that section of the fax marketing industry.
111B Unsolicited commercial electronic messages
Section 112
Division 3—General principles relating to industry codes and industry standards
112 Statement of regulatory policy
(1) The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the telecommunications industry should develop codes (industry codes) that are to apply to participants in the respective sections of the industry in relation to the telecommunications activities of the participants.
(1A) The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the e-marketing industry should develop codes (industry codes) that are to apply to participants in the respective sections of the industry in relation to the e-marketing activities of the participants.
(1B) The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the telemarketing industry should develop codes (industry codes) that are to apply to participants in the respective sections of the industry in relation to the telemarketing activities of the participants.
(1C) The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the fax marketing industry should develop codes (industry codes) that are to apply to participants in the respective sections of the industry in relation to the fax marketing activities of the participants.
Section 112
(iii) services for use in connection with carriage services;
in a manner that reflects the legitimate expectations of the Australian community.
(3A) In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in the section of the telecommunications industry that consists of electronic messaging service providers, the ACMA must have regard to:
(3B) In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the e-marketing industry, the ACMA must have regard to:
(3C) In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the telemarketing industry, the ACMA must have regard to: Section 113
(3D) In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the fax marketing industry, the ACMA must have regard to:
(4) Subsections (3), (3A), (3B), (3C) and (3D) do not, by implication, limit the matters to which regard may be had.
113 Examples of matters that may be dealt with by industry codes and industry standards
Section 113
regularly updated software for filtering unsolicited commercial electronic messages);
(za) action to be taken to limit the total number of marketing faxes sent or attempted to be sent, by a particular participant in a section of the fax marketing industry, during a particular period to a particular Australian number.
Section 114
114 Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman
115 Industry codes and industry standards not to deal with certain design features and performance requirements
Section 116
(iii) a matter specified in the regulations.
116 Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act
For the purposes of this Part, an industry code or an industry standard that deals with a matter relating to a content service has no effect to the extent (if any) to which the matter is dealt with by a code registered, or standard determined, under Part 9 of the Broadcasting Services Act 1992.
116A Industry codes and standards do not affect Privacy Act 1988
Neither an industry code nor an industry standard derogates from a requirement made by or under the Privacy Act 1988 or an approved privacy code (as defined in that Act).
Section 117
Division 4—Industry codes
117 Registration of industry codes
(1) This section applies if:
(i) the body or association published a draft of the code and invited members of the public to make submissions to Section 117
the body or association about the draft within a specified period; and
(ii) the body or association gave consideration to any submissions that were received from members of the public within that period; and
the ACMA is satisfied that the Telecommunications Industry Ombudsman has been consulted about the development of the code; and
(iii) an approved privacy code (as defined in that Act) that binds a participant in that section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry; or Section 118
(iv) provisions of that Act that relate to the approved privacy code.
the other code ceases to be registered under this Part when the new code is registered.
Note: An industry code also ceases to be registered when it is removed from the Register of industry codes under section 122A.
118 ACMA may request codes
(1) If the ACMA is satisfied that a body or association represents a particular section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry, the ACMA may, by written notice given to the body or association, request the body or association to:
Note: The ACMA may request the body or association to develop the industry code to replace an earlier industry code that the Privacy Commissioner (exercising functions under the Privacy Act 1988) has advised the ACMA is inconsistent with the National Privacy Principles or a relevant approved privacy code (as defined in that Act).
benefits to the community from the operation of the code would outweigh the costs of compliance with the code.
(4A) The ACMA must consult the Privacy Commissioner before making a request under subsection (1) for the development of an industry code that could reasonably be expected to deal directly or indirectly with a matter dealt with by:
Section 119
119 Publication of notice where no body or association represents a section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry
120 Replacement of industry codes
Section 121
of the code, as if paragraphs 117(1)(e) and (f) had not been
enacted.
Note: Paragraphs 117(1)(e) and (f) deal with submissions about draft codes.
121 Directions about compliance with industry codes
(1) If:
the ACMA may, by written notice given to the person, direct the person to comply with the industry code.
(1A) If the ACMA is satisfied that the contravention of the industry code relates directly or indirectly to a matter dealt with by the National Privacy Principles (as defined in the Privacy Act 1988) or by an approved privacy code (as defined in that Act), the ACMA must consult the Privacy Commissioner before giving the direction.
(1B) If:
then, during the period when the replacement code is registered under this Part, the person may be given a direction under subsection (1) in respect of the replacement code.
Section 122
(4) Subsections (2) and (3) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
(5) A direction under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
122 Formal warnings—breach of industry codes
Section 122A
then, during the period when the replacement code is registered under this Part, the person may be given a formal warning under subsection (2) in respect of the replacement code.
122A De-registering industry codes and provisions of industry codes
Section 123
Division 5—Industry standards
123 ACMA may determine an industry standard if a request for an industry code is not complied with
124 ACMA may determine industry standard where no industry body or association formed
Section 125
125 ACMA may determine industry standards where industry codes fail
(1) This section applies if:
(a) an industry code that:
has been registered under this Part for at least 180 days; and
125A ACMA must determine certain industry standards relating to the telemarketing industry
(1) Before the commencement of Part 2 of the Do Not Call Register Act 2006, the ACMA must, by legislative instrument, determine a standard that:
Section 125B
125B ACMA must determine certain industry standards relating to the fax marketing industry
(1) The ACMA may, by legislative instrument, determine a standard that:
(iii) restricting the total number of marketing faxes sent, or attempted to be sent, by the relevant participant during a particular period to a particular Australian number;
(iv) requiring that, if a marketing fax sent to an Australian number is authorised by a particular person (the authorising person), the fax must contain information about how the recipient of the fax may send a message to the effect that the recipient does not want to receive any marketing faxes authorised by the authorising person.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
126 Industry standards not to be determined for certain privacy matters
The ACMA must not determine an industry standard if:
benefits to the community from the operation of the standard would outweigh the costs of compliance with the standard.
127 Industry standards not to be determined during the first 180 days after commencement
The ACMA must not determine an industry standard during the first 180 days after the commencement of this section.
128 Compliance with industry standards
(1) If an industry standard that applies to participants in a particular section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry is registered under this Part, each participant in that section of the industry must comply with the standard.
Section 129
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
129 Formal warnings—breach of industry standards
130 Variation of industry standards
(1) The ACMA may, by written instrument, vary an industry standard that applies to participants in a particular section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry if it is satisfied that it is necessary or convenient to do so to:
Section 131
Note: The ACMA may be satisfied that it is necessary or convenient to vary an industry standard that is inconsistent with the National Privacy Principles or an approved privacy code (as defined in the Privacy Act 1988), following advice given by the Privacy Commissioner in the exercise of his or her functions under that Act.
(2) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
131 Revocation of industry standards
132 Public consultation on industry standards
Section 133
State includes the Northern Territory and the Australian Capital
Territory.
133 Consultation with ACCC and the Telecommunications Industry Ombudsman
(1) Before determining or varying an industry standard, the ACMA must consult the ACCC.
(1A) Before determining or varying an industry standard (other than an industry standard under section 125A or 125B), the ACMA must consult the Telecommunications Industry Ombudsman.
(2) Before revoking an industry standard under subsection 131(1), the ACMA must consult the ACCC and the Telecommunications Industry Ombudsman.
134 Consultation with Privacy Commissioner
Section 135
135 Consultation with consumer body
135A Consultation with the States and Territories
Before determining or varying an industry standard under section 125A or 125B, the ACMA must consult:
Section 136
Division 6—Register of industry codes and industry standards
136 ACMA to maintain Register of industry codes and industry standards
(1) The ACMA is to maintain a Register in which the ACMA includes:
(1A) Paragraph (1)(a) does not require the ACMA to continue to include in the Register an industry code, or a provision of an industry code, removed from the Register under section 122A.
Section 136A
Division 6A—Reimbursement of costs of development of consumer-related industry codes
136A Application for eligibility for reimbursement of costs of development of consumer-related industry code
(1) If a body or association proposes to develop an industry code that:
the body or association may apply to the ACMA for a declaration that the body or association is eligible for reimbursement of refundable costs incurred by it in developing the code.
Note: For refundable cost, see section 136E.
Form of application etc.
(2) An application must be:
Further information
(3) The ACMA may, within 20 business days after an application is made, request the applicant to give the ACMA, within the period specified in the request, further information about the application.
Part 6 Industry codes and industry standards Division 6A Reimbursement of costs of development of consumer-related industry codes
Section 136B
(4) The ACMA may refuse to consider the application until the applicant gives the ACMA the information.
Definition
(5) In this section:
business day means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.
136B Declaration of eligibility for reimbursement of costs of development of consumer-related industry code
Section 136C
136C Reimbursement of costs of developing consumer-related industry code
Reimbursement of costs
(1) If:
force; the ACMA must, by written notice given to the body or association, determine that the body or association is entitled to be paid a specified amount.
Note: For refundable cost, see section 136E.
Part 6 Industry codes and industry standards Division 6A Reimbursement of costs of development of consumer-related industry codes
Section 136D
Approved auditors and approved auditing requirements
(5) The ACMA may make a written determination specifying:
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
136D Costs—transactions between persons not at arm’s length
If:
Section 136E
(c) the amount of the cost is greater than is reasonable; the amount of the cost is taken, for the purposes of the application of this Division in relation to the body or association, to be the
amount that would have been reasonable if the parties were dealing with each other at arm’s length.
136E Refundable cost
(1) For the purposes of this Division, a refundable cost incurred by a body or association in developing a code is a cost incurred by the body or association in developing the code other than a cost specified in a written determination made by the ACMA under this subsection.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(2) A determination under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 137
Division 7—Miscellaneous
137 Protection from civil proceedings
Civil proceedings do not lie against:
in so far as the code or standard deals with the procedures referred to in paragraph 113(3)(q).
138 Implied freedom of political communication
This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
139 Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part
(1) A person (the first person) must not enter into a contract or arrangement, or arrive at an understanding, with another person, if:
Ancillary contraventions
(2) A person must not:
Section 139
Civil penalty provisions
(3) Subsections (1) and (2) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Validity of contracts, arrangements or understandings
(4) A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.
Section 270
Part 13—Protection of communications Division 1—Introduction 270 Simplified outline
The following is a simplified outline of this Part:
271 Eligible person
For the purposes of this Part, an eligible person is a person who is:
Section 272
272 Number-database operator and eligible number-database person
273 Information
A reference in this Part to information includes a reference to opinion.
274 Telecommunications contractor
A reference in this Part to a telecommunications contractor is a reference to a person who performs services for or on behalf of:
but does not include a reference to a person who performs such services in the capacity of an employee of the carrier or provider.
275 Number-database contractor
A reference in this Part to a number-database contractor is a reference to a person who performs services for or on behalf of a number-database operator, but does not include a reference to a person who performs such services in the capacity of an employee of the operator.
Section 275A
275A Location information
(1) For the purposes of this Part, information about the location of:
is taken to be information that relates to the affairs of the customer responsible for the handset or device.
(2) For the purposes of this Part, a document about the location of:
is taken to be a document that relates to the affairs of the customer responsible for the handset or device.
(3) This section is enacted for the avoidance of doubt.
275B Emergency management person
Section 275C
275C Emergency
In this Part:
emergency means an emergency or disaster (however described) within the meaning of an emergency law.
275D Emergency law
275E Relevant information
In this Part:
relevant information means information, or the contents of a document, disclosed as permitted by section 285A.
Section 276
Division 2—Primary disclosure/use offences
276 Primary disclosure/use offence—eligible persons
Current eligible persons
(1) An eligible person must not disclose or use any information or document that:
(iii) if the person is a telecommunications contractor—in connection with the person’s business as such a contractor; or
(iv) if the person is an employee of a telecommunications contractor—because the person is employed by the contractor in connection with its business as such a contractor.
Section 276
Former eligible persons
(2) A person who has been an eligible person must not disclose or use any information or document that:
(iii) if the person was a telecommunications contractor—in connection with the person’s business as such a contractor; or
(iv) if the person was an employee of a telecommunications contractor—because the person was employed by the contractor in connection with its business as such a contractor.
Offence
(3) A person who contravenes this section is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note 1: This section is subject to the exceptions in Division 3 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979.
Note 2: See also sections 4AA and 4B of the Crimes Act 1914.
Scope of subsection (1)—carriage by means of electromagnetic energy
(4) Subparagraphs (1)(a)(i) and (ii) do not apply to a communication that is or has been carried by a carrier or carriage service provider unless the carriage was by means of, is by means of, or is proposed to be delivered by means of, guided and/or unguided electromagnetic energy.
Section 277
277 Primary disclosure/use offence—eligible number-database persons
Current eligible number-database persons
(1) An eligible number-database person must not disclose or use any information or document that:
(iii) if the person is a number-database contractor—in connection with the person’s business as such a contractor; or
(iv) if the person is an employee of a number-database contractor—because the person is employed by the contractor in connection with its business as such a contractor.
Former eligible number-database persons
(2) A person who has been an eligible number-database person must not disclose or use any information or document that:
(i) if the person was a number-database operator—in connection with the person’s business as such an operator; or Section 278
(ii) if the person was an employee of a number-database operator—because the person was employed by the operator in connection with its business as such an operator; or
(iii) if the person was a number-database contractor—in connection with the person’s business as such a contractor; or
(iv) if the person was an employee of a number-database contractor—because the person was employed by the contractor in connection with its business as such a contractor.
Offence
(3) A person who contravenes this section is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note 1: This section is subject to the exceptions in Division 3 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979.
Note 2: See also sections 4AA and 4B of the Crimes Act 1914.
278 Primary disclosure/use offence—emergency call persons
Current emergency call persons
(1) An emergency call person must not disclose or use any information or document that:
Section 278
Former emergency call persons
(2) A person who has been an emergency call person must not disclose or use any information or document that:
Offence
(3) A person who contravenes this section is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note 1: This section is subject to the exceptions in Division 3 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979.
Note 2: See also sections 4AA and 4B of the Crimes Act 1914.
Scope of subsection (1)—carriage by means of electromagnetic energy
(4) Subparagraphs (1)(a)(i) and (ii) do not apply to a communication that is or has been carried by a carrier or carriage service provider unless the carriage was by means of, is by means of, or is proposed to be delivered by means of, guided and/or unguided electromagnetic energy.
Section 279
Division 3—Exceptions to primary disclosure/use offences
Subdivision A—Exceptions
279 Performance of person’s duties
Section 280
280 Authorisation by or under law
(1) Division 2 does not prohibit a disclosure or use of information or a document if:
(1A) In applying paragraph (1)(a) to the Australian Commission for Law Enforcement Integrity, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006).
(2) In this section:
enforcement agency has the same meaning as in the
Telecommunications (Interception and Access) Act 1979.
281 Witnesses
Division 2 does not prohibit a disclosure by a person of information or a document if the person makes the disclosure as a witness summoned to give evidence or to produce documents.
Section 284
284 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman
285 Integrated public number database
Permitted uses
(1) Sections 276 and 277 do not prohibit a use by a person of information or a document if:
(i) carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or Section 285
(ii) the affairs or personal particulars of another person (other than an address relating to an unlisted telephone number); and
(c) the use is made for purposes connected with:
(iii) dealing with the matter or matters raised by a call to an emergency service number.
Permitted disclosures
(1A) Sections 276 and 277 do not prohibit a disclosure by a person of information or a document if:
Section 285
Definitions
(2) In this section:
business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.
public number means a number specified in the numbering plan as mentioned in subsection 455(3), but does not include an unlisted number.
Section 285
Research
(3) The Minister may, by legislative instrument, specify kinds of research for the purposes of subparagraph (1A)(c)(iv). The Minister must not specify a kind of research unless the Minister is satisfied that the kind of research is in the public interest.
Additional information in public number directory
(4) The Minister may, by legislative instrument, specify kinds of information for the purposes of subparagraph (c)(i) of the definition of public number directory in subsection (2). The Minister may specify different kinds of information in relation to different kinds of qualifying entities.
Further requirements for public number directory
(5) The Minister may, by legislative instrument, specify requirements for the purposes of paragraph (e) of the definition of public number directory in subsection (2).
Section 285A
Qualifying entities
(6) The Minister may, by legislative instrument, specify kinds of persons or bodies for the purposes of paragraph (g) of the definition of qualifying entity in subsection (2).
285A Data for emergency warnings
(1) Sections 276 and 277 do not prohibit a disclosure by a person (the discloser) of information or a document if:
(1A) A notice given as mentioned in paragraph (1)(c) may cover one or more disclosures (including each disclosure in a series of disclosures under an arrangement between the discloser and the emergency management person).
(1B) A notice given as mentioned in paragraph (1)(c) is not a legislative instrument.
(2) In this section:
Section 286
286 Calls to emergency service number
Division 2 does not prohibit a disclosure by a person of information or a document if:
(iii) a member of an ambulance service; or
subparagraph (i), (ii), (iii) or (v); for purposes connected with dealing with the matter or matters raised by the call.
287 Threat to person’s life or health
Division 2 does not prohibit a disclosure or use by a person (the first person) of information or a document if:
Section 288
288 Communications for maritime purposes
Division 2 does not prohibit a disclosure or use of information or a document if:
289 Knowledge or consent of person concerned
Division 2 does not prohibit a disclosure or use by a person of information or a document if:
290 Implicit consent of sender and recipient of communication
Section 276 does not prohibit a disclosure or use by a person if:
291 Business needs of other carriers or service providers
(1) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
(a) the disclosure or use is made by or on behalf of:
(i) a carrier (the first carrier); or Section 291
(ii) a carriage service provider (the first provider); and
the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.
(2) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.
(3) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
(iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first-mentioned service to the third person; and Section 291A
(e) if the information or document relates to the location of:
the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.
291A Location dependent carriage services
location dependent carriage service means a carriage service that depends for its provision on the availability of information about the addresses of end users of the carriage service.
Section 292
292 Circumstances prescribed in the regulations
293 Uses connected with exempt disclosures
294 Effect of this Subdivision
Nothing in this Subdivision limits the generality of anything else in it or in Divisions 3 to 5 of Part 4-1 of the Telecommunications (Interception and Access) Act 1979.
Section 295
Subdivision B—Burden of proof
295 Burden of proof
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
Section 295A
Division 3A—Integrated public number database authorisations
Subdivision A—ACMA scheme for the granting of authorisations
295A ACMA to make integrated public number database scheme
The ACMA must, by legislative instrument, make a scheme (the integrated public number database scheme) for the granting of authorisations for the purposes of paragraph 285(1A)(d).
Note 1: The ACMA may make determinations fixing charges for any matter in relation to which expenses are incurred by the ACMA under the scheme: see section 60 of the Australian Communications and Media Authority Act 2005.
Note 2: Various decisions under the scheme are reviewable: see section 555 and paragraphs 1(ma) to (md) of Schedule 4.
295B Scheme must deal with certain matters
Note: The relevant purposes are purposes connected with the publication and maintenance of a public number directory or with the conduct of particular research.
295C Applications may be treated differently
The scheme may make different provision for different kinds of authorisation applications.
Section 295D
295D Scope of authorisations
The scheme may make provision for authorisations to be in respect of:
295E Provisional and final authorisations
The scheme may make provision for provisional authorisations and final authorisations.
295F Conditions
The scheme may make provision for the imposition of conditions on the grant of authorisations.
Note 1: Section 295P also allows the Minister to determine that authorisations are granted subject to conditions.
Note 2: Section 295R creates an offence for breaching a condition of an authorisation.
295G Varying or revoking authorisations
The scheme may make provision for the variation or revocation of authorisations. For example, the variation may be the imposition of new conditions or the variation or removal of existing conditions.
295H Scheme may confer administrative powers on the ACMA
The scheme may make provision for or in relation to a particular matter by empowering the ACMA to make decisions of an administrative character.
Note: Sections 50 and 51 of the Australian Communications and Media Authority Act 2005 deal with the delegation of the ACMA’s powers.
295J Ancillary or incidental provisions
The scheme may contain such ancillary or incidental provisions as the ACMA considers appropriate.
Section 295K
295K Scheme-making power not limited
Sections 295B to 295J do not, by implication, limit section 295A.
295L Variation of scheme
295M Consultation
Making the scheme
(1) Before making the scheme, the ACMA:
Decisions under the scheme
(2) Before making a decision under the scheme, the ACMA may consult such persons as the ACMA considers appropriate and have regard to any submissions made by those persons because of that consultation.
Subdivision B—Ministerial instruments
295N Criteria for deciding authorisation applications
(1) The Minister must, by legislative instrument, specify criteria for deciding authorisation applications made under the integrated public number database scheme.
Section 295P
295P Conditions
Note 1: An authorisation may also be granted subject to conditions imposed in accordance with that scheme: see section 295F.
Note 2: Section 295R creates an offence for breaching a condition of an authorisation.
295Q Other reviewable decisions
The Minister may, by legislative instrument, specify decisions under the integrated public number database scheme for the purposes of paragraph 1(md) of Schedule 4.
Subdivision C—Enforcing compliance with conditions of authorisations
295R Offence of breaching a condition
A person commits an offence if:
Penalty: 60 penalty units.
295S Remedial directions for breaching a condition
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
(5) A direction given under subsection (2) is not a legislative instrument.
295T Formal warnings for breaching a condition
The ACMA may issue a formal warning if the ACMA is satisfied that a person has contravened, or is contravening, a condition of an authorisation in force under the integrated public number database scheme.
Subdivision D—Report to Minister
295U Report to Minister
(1) At the time the ACMA gives the Minister a report under section 57 of the Australian Communications and Media Authority Act 2005, the ACMA must give the Minister a separate report on the following matters:
Section 295U
Section 295V
Division 3B—Emergency warnings
295V Use or disclosure of information by emergency management persons
Likely emergencies
(1) If an emergency management person believes on reasonable grounds that an emergency is likely to occur, the person may use or disclose relevant information (other than the names of persons) for a purpose connected with persons being alerted to that likely emergency.
Actual emergencies
(2) If an emergency occurs, an emergency management person may use or disclose relevant information (other than the names of persons) for a purpose connected with persons being alerted to that emergency.
Testing
(3) An emergency management person may use or disclose relevant information (other than the names of persons) for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
Other
(4) An emergency management person may disclose relevant information (other than the names of persons) to another person for the purpose of the information being later used or disclosed for a purpose connected with persons being alerted to an emergency or a likely emergency.
295W Use or disclosure of information by other persons
Actual or likely emergencies
(1) If information is disclosed to a person as permitted by subsection 295V(1) or (2) or this subsection, the person may use or disclose Section 295X
the information for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
Testing
(2) If information is disclosed to a person as permitted by subsection 295V(3) or this subsection, the person may use or disclose the information for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
Other
(3) If information is disclosed to a person as permitted by subsection 295V(4) or this subsection, the person may use or disclose the information for a purpose connected with persons being alerted to an emergency or a likely emergency.
295X Effect on telecommunications network
In using or disclosing information that is permitted by section 295V or 295W, a person must take reasonable steps to ensure that the use or disclosure does not adversely affect the operation of a telecommunications network.
295Y Coronial and other inquiries
The disclosure of relevant information to:
in relation to an emergency or likely emergency is taken, for the purposes of this Division, to be a disclosure for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
295Z Offence—use or disclosure of information by emergency management persons
An emergency management person commits an offence if:
(a) the person uses or discloses relevant information; and
Section 295ZA
(b) the use or disclosure is not permitted under section 295V.
Penalty: Imprisonment for 2 years.
295ZA Offence—use or disclosure of information by other persons
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 2 years.
(3) A person commits an offence if:
Penalty: Imprisonment for 2 years.
295ZB Reports of access
(1) If an emergency management person discloses relevant information, the person must give a written report to the Minister Section 295ZC
administering the Administrative Decisions (Judicial Review) Act 1977 and to the ACMA that covers the following matters:
(2) The emergency management person must give the report to the Minister administering the Administrative Decisions (Judicial Review) Act 1977 and to the ACMA as soon as practicable after the last disclosure referred to in paragraph (1)(c) of this section occurs (disregarding section 295Y).
295ZC Annual reports to the ACMA and Privacy Commissioner
If an emergency management person discloses relevant information during a financial year, the person must, within 2 months after the end of that financial year, give a written report to the ACMA and to the Privacy Commissioner that covers the following matters in relation to each such disclosure:
295ZD Arrangements with States and Territories
295ZE Commonwealth immunity
No action, suit or proceeding lies against the Commonwealth in relation to loss, damage or injury to any person or property as a result of the use or disclosure of relevant information:
Section 296
Division 4—Secondary disclosure/use offences
296 Performance of person’s duties
If:
relate to the person’s affairs or personal particulars; the person must not disclose or use the information or document except for that purpose.
297 Authorisation by or under law
If information or a document is disclosed to a person for a particular purpose as permitted by section 280 or this section, the person must not disclose or use the information or document unless the disclosure or use is required or authorised by or under law.
299 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman
Section 299A
Note: Section 284 deals with the disclosure or use of information or documents to assist the ACMA, the ACCC or the Telecommunications Industry Ombudsman.
299A Integrated public number database
Public number directory
(1) If:
subparagraph 285(1A)(c)(ii); then:
Research
(2) If:
285(1A)(c)(iv); then:
(3) If information or a document is disclosed to a person for a particular purpose as permitted by subsection (2) or this subsection, the person must not disclose or use the information or document except for that purpose.
Section 300
300 Threat to person’s life or health
If information or a document is disclosed to a person (the first person) as permitted by section 287 or this section, the first person must not disclose or use the information or document unless:
Note: Section 287 deals with the disclosure or use of information or documents by a person where the person believes on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious and imminent threat to the life or health of another person.
301 Communications for maritime purposes
If information or a document is disclosed to a person as permitted by section 288 or this section, the person must not disclose or use the information or document unless:
Note: Section 288 deals with the disclosure or use of information or documents where the disclosure or use is made for certain maritime purposes.
302 Business needs of other carriers or service providers
If information or a document is disclosed to a person as permitted by section 291 or this section, a person must not disclose or use the information or document except for:
(a) the purpose of, or in connection with, the carrying on by:
Section 302A
(b) the purpose of, or in connection with:
(iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by a carrier or service provider to supply a carriage service or a content service to a person.
Note: Section 291 deals with the disclosure or use of information or documents for the purposes of a carrier or a service provider carrying on its business as such a carrier or provider.
302A Location dependent carriage services
(1) If information or a document is disclosed to a person as permitted by section 291A or this subsection, a person must not disclose or use the information or document except for the purpose of, or in connection with, the supply, or proposed supply, by a person of a location dependent carriage service.
Note: Section 291A deals with the disclosure or use of information or documents for the purposes of the supply, or proposed supply, by a person of a location dependent carriage service.
(2) In this section:
location dependent carriage service means a carriage service that depends for its provision on the availability of information about the addresses of end users of the carriage service.
303 Secondary offence—contravening this Division
A person who contravenes this Division is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note: See also sections 4AA and 4B of the Crimes Act 1914.
303A Generality of Division not limited
Nothing in this Division limits the generality of anything else in it.
Section 303B
Division 4A—Relationship with the Privacy Act 1988
303B Acts taken to be authorised by law for purposes of Privacy Act
303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988
Section 304
Division 5—Record-keeping requirements
304 Associate
A reference in this Division to an associate of a carrier, carriage service provider or number-database operator is a reference to:
305 Authorisations under the Telecommunications (Interception and Access) Act 1979
(1) This section applies if:
number-database operator; is notified of an authorisation made under Division 4 of Part 4-1 of the Telecommunications (Interception and Access) Act 1979.
Note: Section 184 of the Telecommunications (Interception and Access) Act 1979 deals with notification of such authorisations.
(2) The carrier, carriage service provider or number-database operator must retain the notification for 3 years.
306 Record of disclosures—general
(1) This section applies if:
Telecommunications (Interception and Access) Act 1979.
Section 306
Section 306A
(7) A person who contravenes this section is guilty of an offence punishable on conviction by a fine not exceeding 300 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.
306A Record of disclosures—prospective authorisation under the
Telecommunications (Interception and Access) Act 1979
(a) the name of the person or persons who made the disclosure or disclosures; and Section 307
Note: See also sections 4AA and 4B of the Crimes Act 1914.
307 Incorrect records
Note: See also sections 4AA and 4B of the Crimes Act 1914.
308 Annual reports to the ACMA by carriers, carriage service providers or number-database operators
(1) If:
(i) under section 306 or 306A, a carrier, carriage service provider or number-database operator makes a record of the disclosure; or Section 309
(ii) under section 306 or 306A, a carrier, carriage service provider or number-database operator is given a copy of a record of the disclosure;
the carrier, carriage service provider or number-database operator must, within 2 months after the end of the financial year, give the ACMA a written report relating to the disclosure.
(2) The report must set out such information about the disclosure as the ACMA requires.
309 Monitoring by the Privacy Commissioner
Note: Section 99 of the Privacy Act 1988 deals with delegation.
Section 310
Division 6—Instrument-making powers not limited
310 Instrument-making powers not limited
Part 14—National interest matters
311 Simplified outline
The following is a simplified outline of this Part:
312 ACMA’s obligations
(1) The ACMA must, in performing its telecommunications functions or exercising its telecommunications powers, do its best to prevent:
against the laws of the Commonwealth and of the States and Territories.
313 Obligations of carriers and carriage service providers
(1) A carrier or carriage service provider must, in connection with:
in relation to, the commission of offences against the laws of the Commonwealth or of the States and Territories.
States and Territories such help as is reasonably necessary for the following purposes:
Note: Section 314 deals with the terms and conditions on which such help is to be provided.
(4) A carriage service intermediary who arranges for the supply by a carriage service provider of carriage services must, in connection with:
States and Territories such help as is reasonably necessary for the following purposes:
Note: Section 314 deals with the terms and conditions on which such help is to be provided.
Note: Additional obligations concerning interception capability and delivery capability are, or may be, imposed on a carrier or carriage service provider under Chapter 5 of the Telecommunications (Interception and Access) Act 1979.
314 Terms and conditions on which help is to be given
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACMA is to appoint the arbitrator.
(4) An arbitrator appointed by the ACMA under subsection (3) must be a person specified in a written determination made by the Minister.
Note: A person may be specified by name, by inclusion in a specified class or in any other way.
Note: Part 5-6 of the Telecommunications (Interception and Access) Act 1979 contains provisions about the allocation of costs in relation to interception capability and delivery capability.
315 Suspension of supply of carriage service in an emergency
(1) If a senior officer of a police force or service has reasonable grounds to believe that:
the officer may request a carriage service provider to suspend the supply of the carriage service.
(3A) The provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in compliance with the request.
(3B) An officer, employee or agent of the provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the provider as mentioned in subsection (3A).
(4) In this section:
senior officer, in relation to a police force or service, means a commissioned officer of the force or service who holds a rank not lower than the rank of Assistant Commissioner.
316 Generality of Part not limited
Nothing in this Part limits the generality of anything else in it.
Section 333
Part 16—Defence requirements and disaster plans Division 1—Introduction 333 Simplified outline
The following is a simplified outline of this Part:
334 Defence authority
For the purposes of this Part, a defence authority is:
Section 335
Division 2—Supply of carriage services
335 Requirement to supply carriage services for defence purposes or for the management of natural disasters
the parties. If the parties cannot agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Section 336
Division 3—Defence planning
336 Definitions
In this Division:
certified agreement has the meaning given by section 338.
crisis means:
draft agreement means a draft agreement prepared under section 337.
network survivability means the ability of a telecommunications network, or of a facility, to continue to function in times of crisis.
337 Preparation of draft agreement
Section 338
338 ACMA’s certification of draft agreement
concerned. This subsection does not, by implication, limit the meaning of the expression “reasonable”.
Section 339
339 Requirement to enter into certified agreement
provider to enter into the agreement within 30 days after receiving the notice.
(3) The carrier or provider must comply with the notice.
340 Compliance with agreement
If:
the case requires, must comply with the agreement, so long as the agreement remains in force.
341 Withdrawal of certification of agreement
342 Duration of agreement
343 Variation of agreement
the ACMA must certify the variation.
Section 344
Division 4—Disaster plans
344 Designated disaster plans
For the purposes of this Division, a designated disaster plan is a plan that:
345 Carrier licence conditions about designated disaster plans
346 Service provider determinations about designated disaster plans
346A Carrier and carriage service provider immunity
Section 347
Division 5—Delegation
347 Delegation
senior rank means a rank not lower than:
Part 17—Pre-selection in favour of carriage service providers
348 Simplified outline
The following is a simplified outline of this Part:
349 Requirement to provide pre-selection
Note: Declared carriage service is defined by section 350A.
350 When pre-selection is provided in favour of a carriage service provider
(1) For the purposes of this Part, a determination requires a carrier to provide pre-selection in favour of a carriage service provider in relation to calls made using a particular carriage service if, and only if, the determination requires:
Note: End-user is defined by subsection (3).
(2) For the purposes of this Part, a determination requires a carriage service provider (the first provider) to provide pre-selection in favour of another carriage service provider (the second provider) in relation to calls made using a particular carriage service if, and only if, the determination requires:
Note: End-user is defined by subsection (3).
350A Declared carriage services
determined for the purposes of Part XIC of the Trade Practices Act 1974.
Note: See section 152AB of the Trade Practices Act 1974.
351 Pre-selection to be provided
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
352 Exemptions from requirement to provide pre-selection
(1) The ACMA may, by notice in the Gazette, declare that a specified carrier or carriage service provider is exempt from a requirement imposed under section 349. The declaration has effect accordingly.
Note: Carriers or providers may be specified by name, by inclusion in a particular class or in any other way.
353 Use of over-ride dial codes
provider; the first provider must take such steps as are necessary to ensure that each end-user of the carriage service is able to make use of those codes for selecting alternative carriage service providers on a call-by-call basis.
(3) The requirement in subsection (2) does not, by implication, prevent an alternative carriage service provider from refusing to supply a carriage service to the end-user concerned.
Part 18—Calling line identification
354 Simplified outline
The following is a simplified outline of this Part:
• Certain switching systems must be capable of providing calling line identification.
355 Calling line identification
356 Exemptions from calling line identification requirement
(1) The ACMA may, by notice in the Gazette, declare that a specified person is exempt from the requirement set out in section 355. The declaration has effect accordingly.
Note: A person may be identified by name, by inclusion in a particular class or in any other way.
Part 19—Advanced Mobile Phone System (AMPS)
357 Simplified outline
The following is a simplified outline of this Part:
• The Advanced Mobile Phone System is to be phased out by 1 January 2000.
358 Meaning of AMPS
In this Part:
AMPS means the Advanced Mobile Phone System.
Note: The Advanced Mobile Phone System does not incorporate digital modulation techniques.
359 Scope of Part
This Part applies to a person who is:
360 No new AMPS
Before 1 January 2000, a person other than Telstra must not install or operate an AMPS network.
361 AMPS to be phased out
362 Limited exemption from phase-out of AMPS
(1) A person may install or operate an AMPS network in a particular area:
subsection 361(2) applies; if:
eligible mobile carrier means a person who was a mobile carrier (within the meaning of the Telecommunications Act 1991) immediately before 1 July 1997.
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
363 Competition not to be reduced
Section 364
Part 20—International aspects of activities of the telecommunications industry
Division 1—Simplified outline
364 Simplified outline
The following is a simplified outline of this Part:
Section 365
Division 2—Compliance with international agreements
365 INTELSAT and Inmarsat—directions to Signatories
366 Compliance with conventions
(1) This section applies to a person who is:
Section 366
act in a way consistent with Australia’s obligations under that convention.
act in a way consistent with Australia’s obligations under that part of the convention.
(6) In this section:
country; and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.
Part 20 International aspects of activities of the telecommunications industry Division 3 Rules of conduct about dealings with international telecommunications operators
Section 367
Division 3—Rules of conduct about dealings with international telecommunications operators
367 Rules of conduct about dealings with international telecommunications operators
(a) prohibiting or regulating dealings by either or both of the following:
(i) carriers;
International aspects of activities of the telecommunications industry Part 20 Rules of conduct about dealings with international telecommunications operators
Division 3
Section 367
(ii) carriage service providers; with such operators and with other persons; or
direction imposes a requirement, prohibition or restriction on the carrier or provider, as the case requires; or
(iii) a specified person;
if, in the opinion of the ACCC, the disclosure of the information:
Part 20 International aspects of activities of the telecommunications industry Division 3 Rules of conduct about dealings with international telecommunications operators
Section 368
(6) For the purposes of this section, if a person carries on activities outside Australia that involve:
service specified in paragraph 16(1)(b) or (c); the person is an international telecommunications operator.
(7) In this section:
engaging in conduct has the same meaning as in the Trade Practices Act 1974.
foreign law means a law of a place outside Australia.
international telecommunications operator has the meaning given by subsection (6).
368 ACCC to administer Rules of Conduct
The ACCC has the general administration of the Rules of Conduct in force under section 367.
369 Rules of Conduct to bind carriers and carriage service providers
International aspects of activities of the telecommunications industry Part 20 Rules of conduct about dealings with international telecommunications operators
Division 3
Section 370
370 Unenforceability of agreements
371 Investigations by the ACCC
372 Reviews of the operation of this Division
Part 20 International aspects of activities of the telecommunications industry Division 3 Rules of conduct about dealings with international telecommunications operators
Section 372
Section 373
Part 21—Technical regulation Division 1—Simplified outline 373 Simplified outline
The following is a simplified outline of this Part:
Section 373
Section 374
Division 2—Interpretative provisions
374 Part applies to networks or facilities in Australia operated by carriers or carriage service providers
375 Manager of network or facility
For the purposes of this Part, the manager of:
is the carrier, or carriage service provider, who operates the network or facility, as the case may be.
Section 376
Division 3—Technical standards about customer equipment and customer cabling
376 ACMA’s power to make technical standards
(iii) use services supplied by means of; or
(iv) are otherwise reasonably likely to be affected by the
operation of; a telecommunications network or a facility; or
377 Adoption of voluntary standards
378 Procedures for making technical standards
(1) Before making a technical standard under section 376, the ACMA must, so far as is practicable, try to ensure that:
Note: This subsection has effect subject to section 379 (which deals with the ACMA’s power to make standards in cases of urgency).
(2) The ACMA may make an arrangement with any of the following bodies or associations:
Section 379
(c) a body or association specified in a written determination
made by the ACMA for the purposes of this subsection; under which the body or association:
379 Making technical standards in cases of urgency
(1) The ACMA is not required to comply with subsection 378(1) in relation to the making of a particular technical standard if the ACMA is satisfied that it is necessary to make the standard as a matter of urgency in order to:
(iii) use services supplied by means of; or
(iv) are otherwise reasonably likely to be affected by the
operation of; a telecommunications network or a facility.
(2) If subsection (1) applies to a standard (the urgent standard), the urgent standard ceases to have effect 12 months after it came into operation. However, this rule does not prevent the ACMA from Section 379
revoking the urgent standard and making another standard under section 376 that:
Section 380
Division 4—Disability standards
380 Disability standards
disability has the same meaning as in the Disability Discrimination Act 1992.
Section 381
381 Adoption of voluntary standards
382 Procedures for making disability standards
made by the ACMA for the purposes of this subsection; under which the body or association:
Section 383
383 Effect of compliance with disability standards
Section 384
Division 5—Technical standards about the interconnection of facilities
384 ACMA’s power to make technical standards
(1) The ACMA may, by written instrument, make a technical standard relating to the interconnection of facilities.
Note: For enforcement of the standards, see section 152AR of the Trade Practices Act 1974.
Section 385
(9) In this section:
declared service has the same meaning as in Part XIC of the Trade Practices Act 1974.
385 Adoption of voluntary standards
386 Procedures for making technical standards
made by the ACMA for the purposes of this subsection; under which the body or association:
Section 387
387 Procedures for making technical standards
Section 388
388 Provision of access
A reference in this Division to the provision of access is a reference to the provision of access to:
in order that the service provider or providers can provide carriage services and/or content services.
389 Promotion of the long-term interests of end-users of carriage services and of services supplied by means of carriage services
For the purposes of this Division, 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 it is determined for the purposes of Part XIC of the Trade Practices Act 1974.
Section 390
Division 6—Connection permits and connection rules
Subdivision A—Connection permits authorising the connection of non-standard customer equipment and non-standard cabling
390 Application for connection permit
Customer equipment
(1) A person (the applicant) may apply to the ACMA for a permit authorising the applicant, and such other persons as are from time to time nominated by the applicant, to:
Customer cabling
(2) A person (the applicant) may apply to the ACMA for a permit authorising the applicant, and such other persons as are from time to time nominated by the applicant, to:
391 Form of application
An application must be:
Section 392
392 Application to be accompanied by charge
An application must be accompanied by the charge (if any) fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.
393 Further information
394 Issue of connection permits
(iii) use services supplied by means of; or
(iv) are otherwise reasonably likely to be affected by the
operation of; a telecommunications network or a facility.
Section 395
395 Connection permit has effect subject to this Act
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
396 Nominees of holder
If the ACMA issues a connection permit, the persons nominated by the holder are called the holder’s nominees.
397 Duration of connection permits
398 Conditions of connection permits
(1) A connection permit is subject to the following conditions:
(a) a condition that the holder and the holder’s nominees must comply with this Division; Section 399
399 Offence of contravening condition
(1) A person is guilty of an offence if:
Penalty: 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Section 400
(2) In this section:
engage in conduct means:
400 Formal warnings—breach of condition
The ACMA may issue a formal warning to the holder of a connection permit if the holder, or a nominee of the holder, contravenes a condition to which the permit is subject.
401 Surrender of connection permit
The holder of a connection permit may, at any time, surrender the permit by written notice given to the ACMA.
402 Cancellation of connection permit
403 Register of connection permits
(1) The ACMA is to maintain a Register in which it includes:
Section 404
Subdivision B—Connection rules
404 Connection rules
(1) The ACMA may, by written instrument, make rules (connection rules) that:
(iii) the connection of specified customer cabling to a telecommunications network or to a facility;
(iv) maintaining a connection referred to in subparagraph (iii).
Note 1: A person may be specified by name, by inclusion in a specified class or in any other way.
Note 2: Equipment or cabling may be specified by name, by inclusion in a specified class or in any other way.
405 Procedures for making connection rules
made by the ACMA for the purposes of this subsection; under which the body or association:
Section 405
(5) For the purposes of subsection (1), interested persons are taken not to have had an adequate opportunity to make representations unless there was a period of at least 60 days during which the representations could be made.
Section 406
Division 7—Labelling of customer equipment and customer cabling
406 Application of labels
406A Application of Division to agent of manufacturer or importer
For the purposes of this Act and to avoid doubt, a reference in this Division to a manufacturer or importer of customer equipment or customer cabling includes a reference to a person who is authorised in writing by such a manufacturer or importer to act in Australia as an agent of the manufacturer or importer (as the case may be) for the purposes of this Division.
407 Labelling requirements
Section 408
408 Requirements to apply labels—ancillary matters
(iii) have regard to the results of quality assurance programs;
before the manufacturer or importer applies the label to the equipment or cabling; and Section 409
| Note 1: | Certification body is defined by section 410. |
| Note 2: | Recognised testing authority is defined by section 409. |
| Note 3: | Competent body is defined by section 409. |
(6) The instrument may specify requirements that must be met after a label has been applied to customer equipment or customer cabling, including (but not limited to) a requirement that a manufacturer or importer retain for inspection, for the period specified in the instrument:
409 Recognised testing authorities and competent bodies
Section 410
(3) An accreditation body may, by written instrument, determine that a specified person or association is a competent body for the purposes of this Division. The determination has effect accordingly.
410 Certification bodies
411 Connection of customer equipment or customer cabling— breach of section 376 standards
Basic prohibition
(1) A person must not:
Section 411
Offence
(2) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 120 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Exception—reasonable excuse for contravention
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
Exception—connection permit
(3) A person does not contravene subsection (1) in relation to:
if the connection, or the maintenance of the connection, as the case may be, is in accordance with a connection permit.
Note: Connection permits are issued under section 394.
Exception—compliance with connection rules
(4) A person does not contravene subsection (1) in relation to:
Note: The connection rules are dealt with by section 404.
Section 412
Exception—consent of network manager
(5) A person does not contravene subsection (1) in relation to the connection of customer equipment, or customer cabling, to a telecommunications network, or to a facility, if:
Note: Manager is defined by section 375.
412 Connection of labelled customer equipment or customer cabling not to be refused
(1) If:
the manager of the network or facility must not refuse to give written consent to the connection.
Note: Manager is defined by section 375.
(2) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
Section 413
(3) A manager of a telecommunications network, or of a facility, does not contravene subsection (1) in relation to a refusal to give consent to the connection of customer equipment, or customer cabling, to the network, or to the facility, if:
(iii) use services supplied by means of; or
(iv) are otherwise reasonably likely to be affected by the
operation of; a telecommunications network or a facility.
(4) This section does not, by implication, impose an obligation to supply a carriage service to a particular person.
413 Supply of unlabelled customer equipment or unlabelled customer cabling
(1) If a person:
particular form; the person must not supply the equipment or cabling unless a label in that form has been applied to the equipment or cabling.
(2) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Section 414
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
(3) In this section:
supply includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.
414 Applying labels before satisfying requirements under subsection 408(5)
(1) If a person is subject to requirements that:
equipment or customer cabling; the person must not apply:
(2) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
415 Failure to retain records etc.
(a) the person is a manufacturer or importer of customer equipment or customer cabling; and
Section 416
Penalty: 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
(3) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) In this section:
engage in conduct means:
416 Application of labels containing false statements about compliance with standards
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Section 417
Division 8—Protected symbols
417 Protected symbols
(1) A person must not:
goods or services; a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
(2) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 30 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Act 1906 immediately before 16 August 1996 in relation to the symbol.
Section 417
(9) For the purposes of this Part, if:
or (b); the label is taken to indicate that the equipment or cabling meets the requirements of each applicable section 376 standard.
(10) For the purposes of this Part, if:
the label is taken to indicate that the equipment or cabling does not meet the requirements of each applicable section 376 standard.
Section 417
Section 418
Division 9—Cabling providers
418 Cabling work
A reference in this Division to cabling work is a reference to:
419 Types of cabling work
420 Prohibition of unauthorised cabling work
(1) A person must not perform a particular type of cabling work unless:
Section 421
(2) A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 120 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
421 Cabling provider rules
(1) The ACMA may, by written instrument, make rules (cabling provider rules) that:
Note: A person may be specified by name, by inclusion in a specified class or in any other way.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Section 422
422 Procedures for making cabling provider rules
made by the ACMA for the purposes of this subsection; under which the body or association:
423 Application for cabling licence
An individual may apply to the ACMA for a cabling licence that authorises the performance of a particular type of cabling work.
Section 424
424 Form of application
425 Application to be accompanied by charge
An application must be accompanied by the charge (if any) fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.
426 Further information
427 Grant of cabling licence
Section 428
(c) the issue of the licence is not contrary to directions given by the Minister under section 440.
428 Time limit on licence decision
If the ACMA neither grants, nor refuses to grant, a cabling licence before the end of whichever of the following periods is applicable:
the period of 30 days after the day on which the request was complied with;
(c) if:
the ACMA is taken, at the end of that 30-day period, to have refused to grant the licence under section 427.
429 Notification of refusal of application
If the ACMA decides to refuse to grant a cabling licence, the ACMA must give written notice of the decision to the applicant.
430 Cabling licence has effect subject to this Act
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
Section 431
431 Duration of cabling licence
A cabling licence comes into force when it is issued and remains in force:
432 Conditions of cabling licence
433 Procedures for changing licence conditions
(1) The ACMA’s powers under subsection 432(3) may be exercised:
Section 434
434 Offence in relation to contravening condition
(1) A person is guilty of an offence if:
Penalty: 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
(2) A person is guilty of an offence if:
Penalty: 100 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914.
Section 435
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
(3) In this section:
engage in conduct means:
435 Formal warnings—breach of condition
The ACMA may issue a formal warning if the holder of a cabling licence contravenes a condition to which the licence is subject.
436 Surrender of cabling licence
437 Suspension of cabling licence
Section 438
438 Cancellation of cabling licence
439 ACMA may limit application of Division in relation to customer cabling
Section 440
440 Ministerial directions
441 Delegation
(1) The ACMA may, by writing, delegate to a person any or all of its functions and powers under this Division.
(1A) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated a function or power referred to in subsection (1) to a Division of the ACMA, the following provisions have effect:
(a) the ACMA, if the delegation to the delegate was under subsection (1); or Section 442
(b) the Division that delegated the power, if the delegation to the delegate was under subsection (1A).
(4) The powers conferred on the ACMA by subsection (1), and on a Division of the ACMA by subsection (1A), are in addition to the powers conferred by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.
442 Register of cabling licences
Section 443
Division 10—Remedies for unauthorised connections to telecommunications networks etc.
443 Civil action for unauthorised connections to telecommunications networks etc.
(1) If:
while it was so connected; either:
(iii) damage is caused to the network or the facility; or
(iv) the manager of the network or facility suffers a loss or
incurs a liability; the manager of the network or facility may apply to the Federal Court for remedial relief.
Section 444
444 Remedy for contravention of labelling requirements
(1) If:
(i) the connection of the equipment or cabling to the network or facility; or Section 445
(ii) the equipment or cabling being used while it was so
connected; either:
(iii) damage is caused to the network or the facility; or
(iv) the manager of the network or facility suffers a loss; the manager of the network or facility may apply to the Federal
Court for the recovery from the first person of the amount of the loss or damage.
(2) An application under this section must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.
445 Remedies for connection of unlabelled customer equipment or unlabelled customer cabling
Section 445
either:
the manager of the network or facility may apply to the Federal Court for remedial relief.
446 Disconnection of dangerous customer equipment or customer cabling
(1) If:
(iii) use services supplied by means of; or
(iv) are otherwise reasonably likely to be affected by the operation of;
a telecommunications network or a facility; the manager of the network or facility may:
(2) If:
(a) equipment or cabling is disconnected, or purportedly disconnected, under subsection (1); and Section 447
(b) the ACMA is satisfied that there were no reasonable grounds
for the belief mentioned in paragraph (1)(b); the ACMA may, by written notice given to the manager of the network or facility, direct the manager to reconnect the equipment or cabling.
damage; the first person may apply to the Federal Court for the recovery from the manager of the amount of the loss or damage.
(5) An application under subsection (4) must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.
447 Disconnection of customer equipment or customer cabling— protection of the integrity of networks and facilities
(1) If:
the manager of the network or facility may:
Section 448
(2) If:
for the belief mentioned in paragraph (1)(b); the ACMA may, by written notice given to the manager of the network or facility, direct the manager to reconnect the equipment or cabling.
damage; the first person may apply to the Federal Court for the recovery from the manager of the amount of the loss or damage.
(5) An application under subsection (4) must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.
448 Civil action for dangerous connections to telecommunications networks etc.
(1) If:
(iii) use services supplied by means of; or Section 449
(iv) are otherwise reasonably likely to be affected by the
operation of; a telecommunications network or a facility; and
(c) as a result of:
connected; either:
(iii) damage is caused to the network or the facility; or
(iv) the manager of the network or facility suffers a loss; the manager of the network or facility may apply to the Federal
Court for the recovery from the person of the amount of the loss or damage.
(2) An application under subsection (1) must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.
449 Other remedies not affected
This Division does not, by implication, affect other remedies.
Section 450
Division 11—Prohibited customer equipment and prohibited customer cabling
450 Declaration of prohibited customer equipment or prohibited customer cabling
(iii) use services supplied by means of; or
(iv) are otherwise reasonably likely to be affected by the
operation of; a telecommunications network or a facility.
State includes the Northern Territory and the Australian Capital Territory.
supply includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.
Section 451
451 Consultation on proposed declaration
(1) Before making an instrument under section 450, the ACMA must, by notice published in the Gazette:
The period must not be less than 28 days.
452 Operation of prohibited customer equipment or customer cabling
Note: See also sections 4AA and 4B of the Crimes Act 1914.
(3) In this section:
supply includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.
Section 453
Division 12—Pre-commencement labels
453 Pre-commencement labels
Section 453A
Division 13—Penalties payable instead of prosecution
453A Penalties payable instead of prosecution
| Penalties payable | |||
|---|---|---|---|
| Item | Alleged offence | Penalty for | Penalty for body |
| individual | corporate | ||
| 1 | subsection 399(1) | 12 penalty units | 60 penalty units |
| 2 | subsection 411(2) | 12 penalty units | 60 penalty units |
| 3 | subsection 413(2) | 12 penalty units | 60 penalty units |
| 4 | subsection 414(2) | 12 penalty units | 60 penalty units |
| 5 | subsection 415(2) | 12 penalty units | 60 penalty units |
| 6 | subsection 416(2) | 12 penalty units | 60 penalty units |
| 7 | subsection 417(2) | 6 penalty units | 30 penalty units |
| 8 | subsection 420(2) | 12 penalty units | 60 penalty units |
| 9 | subsection 421(4) | 12 penalty units | 60 penalty units |
| 10 | subsection 434(1) or (2) | 12 penalty units | 60 penalty units |
Section 454
Part 22—Numbering of carriage services and regulation of electronic addressing
Division 1—Simplified outline
454 Simplified outline
The following is a simplified outline of this Part:
Section 455
Division 2—Numbering of carriage services
Subdivision A—Numbering plan
455 Numbering plan
Note: Specification is the “first tier” concept. It operates at the level of a general specification of numbers.
Note 1: Allocation is the “second tier” concept. It operates at the level of particular carriage service providers.
Note 2: Issue is the “third tier” concept. It operates at the level of particular customers of carriage service providers. The issue of an allocated number to a customer does not affect the allocation of the number to the carriage service provider concerned.
Section 456
This subsection does not, by implication, limit the matters to which regard may be had.
456 Numbering plan—supply to the public
(a) a carriage service is used for the carriage of communications between 2 end-users; and Section 457
(b) each end-user is outside the immediate circle of the supplier
of the service; the service is supplied to the public.
457 Numbering plan—allocation otherwise than in accordance with an allocation system
458 Numbering plan—rules about portability of allocated numbers
459 ACMA to administer numbering plan
The ACMA has the general administration of the numbering plan.
460 Consultation about numbering plan
Section 460
(3) If the ACMA is of the opinion:
the ACMA must:
(4) If interested persons have given comments about the draft in accordance with the notice, the ACMA must have due regard to those comments in varying the plan.
(4A) A declaration under subparagraph (3)(a)(ii) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(5) In this section:
State includes the Northern Territory and the Australian Capital Territory.
Section 461
461 Consultation with ACCC
462 Compliance with the numbering plan
the first person must comply with that requirement on such terms and conditions as are:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Section 463
(6) A determination made in an arbitration under this section must not be inconsistent with:
with price-related terms and conditions relating to a requirement of a kind referred to in paragraph (2)(b).
price-related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
Subdivision B—Allocation system for numbers
463 Allocation system for numbers
Section 464
Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.
the allocation of that number; to be determined by reference to the results of:
(7) The ACMA may enter into an arrangement with a person about the collection, on behalf of the ACMA, of fees of a kind referred to in subsection (3).
464 Consultation about an allocation system
(1) Before determining or varying an allocation system under section 463, the ACMA must:
Section 465
State includes the Northern Territory and the Australian Capital Territory.
Subdivision C—Miscellaneous
465 Register of allocated numbers
(1) For the purposes of this section, the designated authority is:
Note: An arrangement under paragraph (b) may provide for the payment of amounts by the ACMA to the other person.
(2) The designated authority is to maintain a Register in which the designated authority includes:
Section 466
466 Emergency service numbers
(1) The object of this section is to identify numbers for the purpose of calling an emergency call service in connection with emergencies that are likely to require the provision of assistance by any or all of the following services:
Section 467
467 Delegation
(1) The ACMA may, by writing, delegate any or all of the powers conferred on the ACMA by the numbering plan to a body corporate.
(1A) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated a power referred to in subsection (1) to a Division of the ACMA, the following provisions have effect:
468 Collection of numbering charges
Definitions
(1) In this section:
allocation charge means a charge imposed by Part 2 of the Telecommunications (Numbering Charges) Act 1997.
annual charge means a charge imposed by Part 3 of the Telecommunications (Numbering Charges) Act 1997.
late payment penalty means an amount that is payable by way of penalty in accordance with a determination under subsection (4).
When allocation charge due and payable
(2) An allocation charge imposed on the allocation of a number is due and payable when the number is allocated.
When annual charge due and payable
(3) An annual charge is due and payable at the time ascertained in accordance with a written determination made by the ACMA.
Late payment penalty
(4) The ACMA may, by written instrument, determine that, if any annual charge payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay to the Commonwealth, by way of penalty, an amount calculated at the rate of:
percentage per annum; on the amount unpaid, computed from that time.
Section 468
Determination has effect
(5) A determination under subsection (4) has effect accordingly.
Remission of penalty
(6) A determination under subsection (4) may authorise the ACMA to make decisions about the remission of the whole or a part of an amount of late payment penalty.
Payment of charge and late payment penalty
(7) Allocation charge, annual charge and late payment penalty are payable to the ACMA on behalf of the Commonwealth.
Recovery of charge and penalty
(8) Allocation charge, annual charge and late payment penalty may be recovered by the ACMA, on behalf of the Commonwealth, as debts due to the Commonwealth.
Payment to the Commonwealth
(9) Amounts received by way of allocation charge, annual charge or late payment penalty must be paid to the Commonwealth.
Withdrawal of number for non-payment of annual charge
(10) If any annual charge payable by a person in relation to a number remains unpaid after the time when it became due for payment, the ACMA may, by written notice given to the person, withdraw the number. Such a withdrawal is taken to be in accordance with the numbering plan.
Disallowable instrument
(11) A determination under subsection (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Section 469
469 Collection of charges on behalf of the Commonwealth
The ACMA may enter into an arrangement with a person under which the person may, on behalf of the Commonwealth, collect payments of charge imposed by the Telecommunications (Numbering Charges) Act 1997.
470 Cancellation of certain exemptions from charge
471 Commonwealth not liable to charge
Section 472
472 Integrated public number database
public number means a number specified in the numbering plan as mentioned in subsection 455(3).
473 Letters and symbols taken to be numbers
For the purposes of this Division, a letter or a symbol is taken to be a number.
Section 474
Division 3—Regulation of electronic addressing
474 Declared manager of electronic addressing
475 ACMA may give directions to declared manager of electronic addressing
(1) The ACMA may, by written notice given to a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a particular kind of listed carriage service, direct the manager to do, or refrain from doing, a specified act or thing relating to that kind of electronic addressing and that kind of carriage service.
Section 476
Penalty: 10 penalty units.
engage in conduct means:
476 ACCC may give directions to declared manager of electronic addressing
477 ACCC’s directions to prevail over the ACMA’s directions
A direction given by the ACMA under section 475 has no effect to the extent to which it is inconsistent with a direction given by the ACCC under section 476.
Part 23—Standard agreements for the supply of carriage services
478 Simplified outline
The following is a simplified outline of this Part:
• The terms and conditions on which certain telecommunications-related goods and services are supplied are:
479 Standard terms and conditions apply unless excluded
(iii) is in force at the time of the supply;
the terms and conditions so set out, so far as they are applicable to the supply of the goods or services.
ancillary goods means goods for use in connection with a carriage service.
ancillary service means a service for use in connection with a carriage service.
ordinary person means a person other than a carrier or a carriage service provider.
terms and conditions, in relation to the supply of goods or services, includes:
480 Standard form of agreement to be publicly available
480A Other information to be publicly available
Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with the customer service guarantee).
481 Standard form of agreement to be given to the ACMA
to the ACMA as soon as practicable after the agreement or variation comes into force.
482 Concurrent operation of State/Territory laws
This Part does not prevent or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.
483 Trade Practices Act not affected by this Part
This Part has no effect to the extent (if any) to which it is inconsistent with the Trade Practices Act 1974.
Part 24—Carriers’ powers and immunities
484 Schedule 3
Schedule 3 has effect.
Part 24A—Submarine cables
484A Schedule 3A
Schedule 3A has effect.
Section 485
Part 25—Public inquiries Division 1—Simplified outline 485 Simplified outline
The following is a simplified outline of this Part:
• The ACMA and the ACCC may hold public inquiries about certain matters relating to telecommunications.
Section 486
Division 2—Inquiries by the ACMA
486 When inquiry must be held
487 When inquiry may be held
Section 488
488 Informing the public about an inquiry
489 Discussion paper
490 Written submissions and protection from civil actions
491 Hearings
(a) if paragraph (3)(a) applies—the member, specified in an instrument under that paragraph, as the member who is to preside at the hearing; or Section 492
(6) The ACMA may regulate the conduct of proceedings at a hearing as it thinks appropriate.
492 Hearing to be in public except in exceptional cases
this Act includes:
493 Confidential material not to be published
is of a confidential nature; the ACMA may order that:
Penalty: 50 penalty units.
(5) Subsections (3) and (4) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
(6) In this section:
engage in conduct means:
494 Direction about private hearings
Section 495
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
(7) In this section: engage in conduct means:
495 Reports on inquiries
Section 496
Division 3—Inquiries by the ACCC
496 When inquiry must be held
497 When inquiry may be held
498 Informing the public about an inquiry
499 Discussion paper
500 Written submissions and protection from civil actions
Section 501
faith of a document or information, to the ACCC in connection with a public inquiry under this Division.
(4) The rule in subsection (3) applies whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing.
501 Hearings
502 Hearing to be in public except in exceptional cases
Section 503
this Act includes:
503 Confidential material not to be published
is of a confidential nature; the ACCC may order that:
Penalty: 50 penalty units.
(5) Subsections (3) and (4) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
Section 504
(6) In this section:
engage in conduct means:
504 Direction about private hearings
Penalty: 10 penalty units.
(5) A person is guilty of an offence if:
Penalty: 50 penalty units.
(6) Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Section 505
(7) In this section:
engage in conduct means:
505 Reports on inquiries
506 ACCC’s other powers not limited
This Division does not, by implication, limit the powers conferred on the ACCC by the Trade Practices Act 1974.
Part 26—Investigations
507 Simplified outline
The following is a simplified outline of this Part:
• The ACMA may investigate certain matters relating to telecommunications.
508 Matters to which this Part applies
This Part applies to the following matters:
(a) a contravention of this Act; (aa) a contravention of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act; (ab) a contravention of the Spam Act 2003 or regulations under that Act;
(ac) a contravention of the Do Not Call Register Act 2006 or regulations under that Act;
Telecommunications (Consumer Protection and Service Standards) Act 1999;
except to the extent (if any) to which the matter relates to the content of a content service.
509 Complaints to the ACMA
to reduce it to writing; it is the duty of the ACMA to take reasonable steps to provide appropriate assistance to the person.
(5) If it appears to the ACMA that:
call as the ACMA requires; it is the duty of the ACMA to take reasonable steps to assist the first person to identify whichever of the following is applicable:
fax as the ACMA requires; it is the duty of the ACMA to take reasonable steps to assist the first person to identify whichever of the following is applicable:
(8) Subsection (7) does not limit subsection (4).
510 Investigations by the ACMA
(1) The ACMA may investigate a matter of a kind referred to in section 508 if:
(a) in the case of a matter covered by paragraph 508(a)—the ACMA has reason to suspect that a person may have contravened this Act; or
(aa) in the case of a matter covered by paragraph 508(aa)—the ACMA has reason to suspect that a person may have contravened the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act; or
(ab) in the case of a matter covered by paragraph 508(ab)—the ACMA has reason to suspect that a person may have contravened the Spam Act 2003 or regulations under that Act; or
(ac) in the case of a matter covered by paragraph 508(ac)—the ACMA has reason to suspect that a person may have contravened the Do Not Call Register Act 2006 or regulations under that Act; or
telecommunications industry; if the Minister requests the ACMA so to investigate.
511 Preliminary inquiries
If a complaint has been made to the ACMA under section 509, the ACMA may make inquiries of the respondent for the purposes of determining:
512 Conduct of investigations
(1) Before beginning an investigation of a matter to which a complaint relates, the ACMA must inform the respondent that the matter is to be investigated.
(1A) However, the ACMA is not required to inform the respondent that the matter is to be investigated if:
result in the concealment, loss or destruction of a thing connected with the breach.
513 Complainant and certain other persons to be informed of various matters
514 Reference of matters to Ombudsman or other responsible person
(1) If, before the ACMA starts, or after it has started, an investigation of a matter to which a complaint relates, the ACMA forms the opinion that:
(iii) another person or body responsible for handling complaints under a code registered, or standard determined, under Part 6;
the ACMA may decide not to investigate the matter, or not to investigate the matter further, as the case may be.
(2) If the ACMA decides as mentioned in subsection (1), it must:
(a) transfer the complaint to:
(iii) another person or body responsible for handling complaints under a code registered, or standard determined, under Part 6;
as the case requires; and
(b) give written notice to the complainant stating that the complaint has been so transferred.
515 Reference of matters to the ACCC
515A Reference of matters to Privacy Commissioner
(1) This section applies to a complaint about any of the following matters:
section of the telemarketing industry (within the meaning of Part 6) and deals with one or more matters relating to the telemarketing activities (within the meaning of Part 6) of those participants;
(ba) a contravention of a code registered under Part 6, where the code applies to participants in a section of the fax marketing industry (within the meaning of Part 6) and deals with one or more matters relating to the fax marketing activities (within the meaning of Part 6) of those participants;
(bb) a contravention of section 128 in relation to an industry standard, where the standard applies to participants in a section of the fax marketing industry (within the meaning of Part 6) and deals with one or more matters relating to the fax marketing activities (within the meaning of Part 6) of those participants;
(c) a contravention of the Do Not Call Register Act 2006 or regulations under that Act.
(2) If, before the ACMA starts, or after it has started, an investigation of a matter to which a complaint relates, the ACMA forms the opinion that:
with by the Privacy Commissioner; the ACMA may decide not to investigate the matter, or not to investigate the matter further, as the case may be.
516 Reports on investigations
517 Publication of reports
518 Person adversely affected by report to be given opportunity to comment
519 Protection from civil actions
Section 520
Part 27—The ACMA’s information-gathering powers
Division 1—Simplified outline
520 Simplified outline
The following is a simplified outline of this Part: Section 521
| • | The ACMA may obtain information from carriers, service providers and other persons if the information is relevant to: | |
|---|---|---|
| (a) | the performance of any of the ACMA’s telecommunications functions; or | |
| (b) | the exercise of any of the ACMA’s telecommunications powers. | |
| • | The ACMA may make record-keeping rules that apply to carriers and carriage service providers. | |
Division 2—Information-gathering powers
521 The ACMA may obtain information and documents from carriers and service providers
body—to cause a competent officer of the body to appear before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or Section 522
(f) if the carrier or provider is a partnership—to cause an individual who is:
the notice to give any such evidence, either orally or in writing, and produce any such documents.
522 The ACMA may obtain information and documents from other persons
(1) This section applies to a person if the ACMA has reason to believe that the person:
(a) has information or a document that is relevant to:
Section 522
(b) is capable of giving evidence which the ACMA has reason to believe is relevant to:
(2) The ACMA may, by written notice given to the person, require the person:
the notice to give any such evidence, either orally or in writing, and produce any such documents.
Penalty: 20 penalty units.
Section 523
engage in conduct means:
523 Copying documents—reasonable compensation
A person is entitled to be paid by the ACMA reasonable compensation for complying with a requirement covered by paragraph 521(2)(c) or 522(2)(c).
524 Self-incrimination
is not admissible in evidence against the individual in:
525 Giving false or misleading information or evidence
A person must not, under section 521 or 522, give information or evidence that is false or misleading.
Penalty: Imprisonment for 12 months.
Note: See also sections 4AA and 4B of the Crimes Act 1914.
Section 527
527 Copies of documents
528 ACMA may retain documents
Section 529
Division 3—Record-keeping rules
529 ACMA may make record-keeping rules
(1) The ACMA may, by written instrument, make rules for and in relation to requiring one or more specified carriers or one or more specified carriage service providers to keep and retain records. Rules under this subsection are to be known as record-keeping rules.
Note: Carriers and carriage service providers may be specified by name, by inclusion in a specified class or in any other way.
Note: Under section 521, the ACMA may require a carrier or carriage service provider to produce a document (including a record kept in accordance with the record-keeping rules).
530 Compliance with record-keeping rules
A carrier or carriage service provider must comply with any record-keeping rules that are applicable to the carrier or provider.
Section 531
531 Incorrect records
Note: See also sections 4AA and 4B of the Crimes Act 1914.
Section 531A
Part 27A—Information relating to a broadband telecommunications network
Division 1—Introduction
531A Simplified outline
The following is a simplified outline of this Part:
Section 531B
531B Definitions
In this Act:
entrusted company officer, in relation to a company, means:
Section 531B
The paragraphs of this definition are to be read independently of each other.
Section 531B
The paragraphs of this definition are to be read independently of each other.
matter preparatory to the publication of a designated request for proposal notice includes a matter preparatory to the publication of a variation of a designated request for a proposal notice.
protected carrier information means: (aa) any information that was given by a carrier to an authorised information officer during the period:
information officer gave the carrier a written undertaking, on behalf of the Commonwealth, that:
(iii) after the commencement of this Part, the information would be treated as protected carrier information for the purposes of this Part; and
(iv) the information would not be disclosed by an authorised information officer before the commencement of this Part; or
Section 531C
531C Designated information
(1) The Minister may, by written instrument, determine that:
Note: For specification by class, see subsection 46(3) of the Acts Interpretation Act 1901.
Consultation
(4) Before making an instrument under subsection (1) that relates to a carrier, the Minister must first:
(a) cause the carrier to be given a written notice that:
(i) sets out a draft version of the instrument; and Section 531D
(ii) invites the carrier to make submissions to the Minister on the draft within 3 business days after the notice was given; and
(b) consider any submissions that were received within those 3 business days.
Publication of instrument
(5) A copy of an instrument made under subsection (1) is to be published on the internet.
Business day
(6) For the purposes of this section, business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
Disallowable non-legislative instrument
531D Designated request for proposal notice
(1) For the purposes of this Act, a designated request for proposal notice is a notice that:
Section 531E
531E Action by the Commonwealth
For the purposes of this Part, action by the Commonwealth includes:
Section 531F
Division 2—Carriers must give information to an authorised information officer
531F Carriers must give information to an authorised information officer [see Note 1]
Scope
(1) This section applies to a carrier if:
Requirement
(2) The carrier must give the information to an authorised information officer, in the approved manner and the approved form, within the approved period after the instrument came into force.
Note 1: See the carrier licence condition in Part 1 of Schedule 1.
Note 2: For approved manner, approved form and approved period, see subsection 531C(1).
Note 3: Information given to an authorised information officer under this section is protected carrier information—see the definition of protected carrier information in section 531B.
Sunset
(3) Subsections (1) and (2) cease to have effect at the end of the period of 12 months beginning on the day on which this subsection commenced.
Section 531G
Division 3—Protection of information
531G Protection of information—entrusted public officials [see Note 1]
(iii) action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in Section 531G
response to an invitation set out in a designated request for proposal notice; or
(iv) a matter that is ancillary or incidental to a matter referred to in subparagraph (i), (ii) or (iii);
(iii) a committee established under the executive power of
the Commonwealth; in relation to:
Section 531G
(vi) action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or
(vii) a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);
(3) Paragraph (2)(e) ceases to have effect at the end of the period of 12 months beginning on the day on which this subsection commenced.
Section 531G
(3A) Each of the following is an exception to the prohibition of use in subsection (1):
(iii) a Secretary of a Department; about:
(iv) a matter preparatory to the publication of a designated request for proposal notice; or Section 531G
(vii) a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);
(d) the information is used for the purposes of the Australian Security Intelligence Organisation, the ACCC or the ACMA giving advice to:
(iii) a committee established under the executive power of
the Commonwealth; in relation to:
(vii) a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);
Section 531H
(3B) Paragraph (3A)(e) ceases to have effect at the end of the period of 12 months beginning on the day on which this subsection commenced.
(4) An entrusted public official is not required to give a carrier an opportunity to be heard in relation to a decision to disclose information under subsection (2).
(4A) An entrusted public official is not required to give a carrier an opportunity to be heard in relation to a decision to use information under subsection (3A).
(5) If a person has obtained protected carrier information in the person’s capacity as an entrusted public official, section 70 of the Crimes Act 1914 has effect, in relation to the information, as if the person were a Commonwealth officer.
531H Disclosure of protected carrier information to a company
(1) If:
(i) the company is considering making a submission in response to the invitation set out in the notice; or Section 531H
(ii) the company intends to make a submission in response to the invitation set out in the notice; or
(iii) the company has made a submission in response to the invitation set out in the notice, and is considering varying the submission; or
(iv) the company has made a submission in response to the invitation set out in the notice, and intends to vary the submission; and
authorised information officer; an authorised information officer may disclose the information to an entrusted company officer of the company for the purposes of:
so long as the disclosure complies with any applicable restricted recipients rules.
Section 531J
531J Stay of decisions
531K Protection of information—entrusted company officer
(a) the disclosure is to another entrusted company officer of the company for the purposes of:
(i) the consideration by the company of whether to make a submission in response to an invitation set out in a designated request for proposal notice; or Section 531K
(ii) the preparation of a submission by the company in response to an invitation set out in a designated request for proposal notice; or
(iii) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the consideration by the company of whether to vary the submission; or
(iv) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the preparation by the company of a variation of the submission;
so long as the disclosure complies with any applicable restricted recipients rules;
(2A) Each of the following is an exception to the prohibition of use in subsection (1):
(a) the information is used for the purposes of:
(iii) if the company has made a submission in response to an invitation set out in a designated request for proposal Section 531L
notice—the consideration by the company of whether to vary the submission; or
(iv) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the preparation by the company of a variation of the submission;
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
531L Compensation of carrier for loss or damage
(1) If:
Section 531M
(d) the Court is satisfied that the company expressly, tacitly or
impliedly authorised or permitted the contravention; the Court may, on the application of the carrier, make an order that the Court considers appropriate directing the company to compensate the carrier.
the Court may, on the application of the carrier, make an order that the Court considers appropriate directing the company to compensate the carrier.
531M Appointment of authorised information officers
The Minister may, in writing, appoint an SES employee to be an authorised information officer for the purposes of this Act.
Note 1: The expression SES employee is defined in section 17AA of the Acts Interpretation Act 1901.
Section 531N
Note 2: For revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
531N Restricted recipients rules
Note: The expression APS employee is defined in section 17AA of the Acts Interpretation Act 1901.
531P Storage, handling or destruction of protected carrier information
(a) aid, abet, counsel or procure a contravention of subsection (3); or Section 531Q
(5) Subsections (3) and (4) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
531Q Submissions by companies
For the purposes of this Part, it is immaterial whether a company’s submission:
Section 532
Part 28—Enforcement Division 1—Introduction 532 Simplified outline
The following is a simplified outline of this Part:
Section 532A
532A References to the Spam Act 2003
In this Part: Spam Act 2003 includes regulations under the Spam Act 2003.
Section 533
Division 2—Inspectors and identity cards
533 Inspectors
State includes:
Section 534
State officer means a person who, whether on a full-time basis or a part-time basis and whether in a permanent capacity or otherwise:
established by or under a law of a State; and includes a member of a police force of a State.
534 Identity cards
Penalty: 5 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
(5) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Enforcement Part 28 Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
Division 3
Section 535
Division 3—Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
535 Magistrate may issue warrant
(1) If:
aircraft or vehicle and exercise the powers referred to in paragraphs 542(2)(b), (c) and (d), in respect of the thing.
(2) A reference in this section to an offence against Part 21 includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.
536 Reasonable grounds for issuing warrant etc.
A magistrate is not to issue a warrant under section 535 unless:
(a) the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the Section 537
grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
537 Contents of warrant
The following must be stated in a warrant issued under section 535:
538 Warrants may be issued by telephone etc.
If, because of circumstances of urgency, an inspector thinks it necessary to do so, the inspector may apply to a magistrate for a warrant under section 535 by telephone, telex, fax or other electronic means.
539 Provisions relating to issue of warrant by telephone etc.
Enforcement Part 28 Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
Division 3
Section 539
that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign such a search warrant as the magistrate would issue under section 535 if the application had been made under that section.
Section 540
540 Proceedings involving warrant issued by telephone etc.
If:
the court is to assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.
Enforcement Part 28 Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
Division 4
Section 541
Division 4—Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
541 When is a thing connected with an offence?
For the purposes of this Division, a thing is connected with a particular offence if it is:
541A When is a thing connected with a breach of the Spam Act 2003?
For the purposes of this Part, a thing is connected with a breach of the Spam Act 2003 if it is:
542 Searches and seizures
Section 543
which the inspector suspects on reasonable grounds there to be anything of a kind referred to in subsection (1); and
(d) examine and seize anything that the inspector suspects on reasonable grounds to be connected with the offence or breach.
543 Production of identity card etc.
(1) An inspector (other than a member of a police force who is in uniform) who proposes to enter land or premises under section 542 must:
inspection by the owner or occupier; and, if the inspector fails to do so, he or she is not authorised to enter the land or premises.
(2) If the entry is in accordance with a warrant issued under Division 3, the inspector is taken not to have complied with subsection (1) unless he or she also produces the warrant for inspection by the owner or occupier.
Enforcement Part 28 Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
Division 4
Section 544
544 Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003
(1) If:
the warrant is taken to authorise the inspector to seize that thing.
(1A) If:
the warrant is taken to authorise the inspector to seize that thing.
(2) A reference in this section to an offence against Part 21 includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.
Section 545
545 Emergency entry, search and seizure
(1) If an inspector has reasonable grounds to believe:
the inspector may:
exercise of those powers without the authority of a warrant issued under Division 3.
(2) If an inspector has reasonable grounds to believe:
the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:
exercise of those powers without the authority of a warrant issued under Division 3.
(3) If an inspector may enter a vessel, aircraft or vehicle under subsection (2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph (2)(d) or (e), stop and detain the vessel, aircraft or vehicle.
Enforcement Part 28 Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
Division 4
Section 546
(4) A reference in this section to an offence against Part 21 includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.
546 Retention of things seized
(1) If an inspector seizes a thing under this Division, the inspector or the ACMA may retain it until:
respect of which the thing may afford evidence; the proceedings (including any appeal to a court in relation to those proceedings) are completed.
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
Section 547
Division 5—Searches to monitor compliance with Part 21
547 Searches to monitor compliance with Part 21
Section 547A
Division 5A—Searches to monitor compliance with the Spam Act 2003
547A Powers available to inspectors for monitoring compliance
Consent
547B Monitoring powers
(1) The monitoring powers that an inspector may exercise under paragraph 547A(1)(b) are as follows:
(i) the inspector finds the thing during the exercise of powers on the premises; and Section 547B
(ii) the inspector believes on reasonable grounds that the thing is connected with a breach of the Spam Act 2003; and
(iii) the inspector believes on reasonable grounds that the thing would be lost, destroyed or tampered with before the warrant can be obtained;
(g) to secure a computer, until an order under section 547J is obtained in relation to it, if:
(iii) the inspector believes on reasonable grounds that the computer, or the thing mentioned in subparagraph (ii), would be lost, destroyed or tampered with before the order can be obtained.
(2) The monitoring powers that an inspector may exercise under paragraph 547A(1)(b) include the power to operate equipment at premises to see whether:
contains information that is relevant to determining whether there has been compliance with the Spam Act 2003.
(3) If the inspector, after operating equipment at the premises, finds that the equipment, or that a tape, disk or other storage device at the premises, contains information mentioned in subsection (2), the inspector may:
Section 547C
operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.
Note: See also section 547J (order requiring person to assist with access to computer data).
547C Production of identity card etc.
An inspector (other than a member of a police force who is in uniform) who proposes to enter premises under section 547A must:
inspection by the occupier; and, if the inspector fails to do so, he or she is not authorised to enter the premises.
547D Monitoring warrants
(a) all of the following conditions are satisfied:
Section 547E
(iii) the individual ordinarily resides at the premises;
(b) all of the following conditions are satisfied:
(iii) the individual ordinarily resides at the premises;
(iv) the undertaking applies to the use of equipment that is on those premises.
(5) The warrant must:
547E Details of warrant to be given to occupier etc.
(1) If:
apparently represents the occupier is present at the premises; the inspector must make available to that person a copy of the warrant.
Section 547F
547F Announcement before entry
547G Compensation for damage to equipment
Section 547H
damage, in relation to data, includes damage by erasure of data or addition of other data.
547H Occupier entitled to be present during search
(1) If:
apparently represents the occupier, is present at the premises; the person is entitled to observe the search being conducted.
Section 547J
Division 5B—Access to computer data that is relevant to the Spam Act 2003
547J Access to computer data that is relevant to the Spam Act 2003
Scope
(1) This section applies if:
Application to magistrate for access order
(2) The inspector may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the inspector to do one or more of the following:
Grant of access order
(3) The magistrate may grant the order if the magistrate is satisfied that:
(iii) an employee of the owner or lessee of the computer; and Section 547J
(c) the specified person has relevant knowledge of:
Offence
(4) A person is guilty of an offence if:
Penalty: Imprisonment for 6 months.
Definitions
(5) In this section:
data includes:
data storage device means a thing containing, or designed to contain, data for use by a computer.
(6) This section does not, by implication, affect the meaning of the expression data when used in any other provision of this Act or the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Section 548
Division 6—Other powers of inspectors
548 General powers of inspectors
(1) An inspector may:
(a) require a person whom he or she suspects on reasonable grounds of having done an act in respect of which the person is required to hold:
(iii) a cabling licence;
to produce the licence or permit (as the case may be), or evidence of its existence and contents; and
to produce the statement, or evidence of its existence and contents; and
(iii) a copy of a declaration;
for a particular period to produce those records, that declaration or that copy, so long as the inspector does not require the production Section 549
of those records, that declaration or that copy after the end of that period.
(2) A person must not contravene a requirement under this section. Penalty: 20 penalty units. Note: See also sections 4AA and 4B of the Crimes Act 1914. (2A) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
(2B) Subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this section:
application, in relation to a label, has the same meaning as in Division 7 of Part 21. certification body has the same meaning as in Division 7 of
Part 21. competent body has the same meaning as in Division 7 of Part 21. engage in conduct means:
recognised testing authority has the same meaning as in Division 7 of Part 21.
549 Power to require information etc.
(1) An inspector who has entered land, premises, a vessel, an aircraft or a vehicle under Division 4 or 5 may, to the extent that is reasonably necessary for the purpose of ascertaining whether Part 21 has been complied with, require the person to:
Section 549
(1A) An inspector who has entered land, premises, a vessel, an aircraft or a vehicle under Division 4 or 5A may, to the extent that is reasonably necessary for the purpose of ascertaining whether the Spam Act 2003 has been complied with, require the person to:
Penalty: 20 penalty units.
(3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
engage in conduct means:
Section 550
550 Retention of documents
If:
with a requirement under subsection 549(1) or (1A); then:
Section 551
Division 7—Forfeiture
551 Court may order forfeiture
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
552 Forfeited goods may be sold
A thing forfeited under section 551:
Section 553
Division 8—Future offences
553 Offences that are going to be committed
(1) If:
safety of human life or cause substantial loss or damage; this Part applies in relation to the offence as if there were reasonable grounds for suspecting that it had been committed.
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
Part 29—Review of decisions
554 Simplified outline
The following is a simplified outline of this Part:
• Certain decisions of the ACMA may be reviewed by the Administrative Appeals Tribunal following a process of internal reconsideration by the ACMA.
555 Decisions that may be subject to reconsideration by the ACMA
An application may be made to the ACMA for reconsideration of a decision of a kind specified in Part 1 of Schedule 4.
556 Deadlines for reaching certain decisions
557 Statements to accompany notification of decisions
558 Applications for reconsideration of decisions
559 Reconsideration by the ACMA
560 Deadlines for reconsiderations
561 Statements to accompany notification of decisions on reconsideration
562 Review by the Administrative Appeals Tribunal
Applications may be made to the Administrative Appeals Tribunal to review a decision of a kind referred to in section 555 if the ACMA has affirmed or varied the decision under section 559.
Part 30—Injunctions
563 Simplified outline
The following is a simplified outline of this Part:
• The Federal Court may grant injunctions in relation to contraventions of this Act, of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or of regulations under that Act.
564 Injunctions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Act, the Federal Court may, on the application of the Minister, the ACMA or the ACCC, grant an injunction:
Performance injunctions
(2) If:
this Act; the Federal Court may, on the application of the Minister, the ACMA or the ACCC, grant an injunction requiring the person to do that act or thing.
Limit on standing of the ACMA
(3) Despite subsections (1) and (2), the ACMA is not entitled to apply for an injunction in relation to a contravention of:
Note 1: Section 369 deals with Rules of Conduct under section 367.
Note 2: Parts 3 and 4 of Schedule 1 deal with access to supplementary facilities and network information.
Note 3: Section 152AZ of the Trade Practices Act 1974 deals with standard access obligations.
Note 4: Subsection 152BA(2) of the Trade Practices Act 1974 provides that a carriage service provider must comply with any standard access obligations, and certain ancillary obligations, that are applicable to the provider.
(4) In this section:
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
565 Interim injunctions
Grant of interim injunction
(1) If an application is made to the court for an injunction under section 564, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.
No undertakings as to damages
(2) The court is not to require an applicant for an injunction under section 564, as a condition of granting an interim injunction, to give any undertakings as to damages.
566 Discharge etc. of injunctions
The court may discharge or vary an injunction granted under this Part.
567 Certain limits on granting injunctions not to apply
Restraining injunctions
(1) The power of the court under this Part to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
Performance injunctions
(2) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised:
568 Other powers of the court unaffected
The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.
Part 31—Civil penalties
569 Simplified outline
The following is a simplified outline of this Part:
• Pecuniary penalties are payable for contraventions of civil penalty provisions.
570 Pecuniary penalties for contravention of civil penalty provisions
(4A) Subsections (3) and (4) do not apply to a contravention of subsection 139(1) or (2).
(4B) Section 25 of the Do Not Call Register Act 2006 applies to a contravention of subsection 139(1) or (2) of this Act in a corresponding way to the way in which it applies to a contravention of subsection 12(1) or (2) of the Do Not Call Register Act 2006, subject to the following modifications:
person in relation to the contravention of section 68 or 101, as the case may be.
(7) In this section:
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
571 Civil action for recovery of pecuniary penalties
Note 1: Section 369 deals with Rules of Conduct under section 367.
Note 2: Parts 3 and 4 of Schedule 1 deal with access to supplementary facilities and network information.
Note 3: Section 152AZ of the Trade Practices Act 1974 deals with standard access obligations.
Note 4: Subsection 152BA(2) of the Trade Practices Act 1974 provides that a carriage service provider must comply with any standard access obligations, and certain ancillary obligations, that are applicable to the provider.
572 Criminal proceedings not to be brought for contravention of civil penalty provisions
Criminal proceedings do not lie against a person only because the person has contravened a civil penalty provision.
Part 31A—Enforceable undertakings
572A Simplified outline
The following is a simplified outline of this Part:
• A person may give the ACMA an enforceable undertaking about compliance with this Act.
572B Acceptance of undertakings
this Act includes:
572C Enforcement of undertakings
(1) If:
undertaking; the ACMA may apply to the Federal Court for an order under subsection (2).
(2) If the Federal Court is satisfied that the person has breached the undertaking, the Court may make any or all of the following orders:
Part 32—Vicarious liability
573 Simplified outline
The following is a simplified outline of this Part:
• This Part deals with the proof of matters that involve employees, agents etc.
574 Proceedings under this Act
A reference in this Part to a proceeding under this Act includes a reference to:
574A Definition
In this Part:
this Act includes:
575 Liability of corporations
State of mind
(1) If, in a proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:
Conduct
(2) If:
apparent authority; the conduct is taken, for the purposes of a proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
Extended meaning of state of mind
(3) A reference in subsection (1) to the state of mind of a person includes a reference to:
Extended meaning of director
(4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
Extended meaning of engaging in conduct
(5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
576 Liability of persons other than corporations
This section does not apply to proceedings for certain offences
(1) This section does not apply to proceedings for:
State of mind
(2) If, in proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:
Conduct
(3) If:
apparent authority; the conduct is taken, for the purposes of a proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
Limitation on imprisonment
(4) Despite any other provision of this Act, if:
subsections (2) and (3) had not been in force; the person is not liable to be punished by imprisonment for that offence.
Extended meaning of state of mind
(5) A reference in this section to the state of mind of a person includes a reference to:
Extended meaning of engaging in conduct
(6) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Section 579
Part 34—Special provisions relating to functions and powers of the ACMA and the Attorney-General in respect of telecommunications
579 Simplified outline
The following is a simplified outline of this Part:
580 ACMA must have regard to conventions
convention means:
country; and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.
Section 581
581 Power to give directions to carriers and service providers
(1) The ACMA may give written directions to:
telecommunications functions or exercising any of the ACMA’s telecommunications powers.
the Attorney-General may give to the carrier or carriage service provider a written direction not to use or supply, or to cease using or supplying, as the case may be, the carriage service, or all of the carriage services.
(3A) A direction under subsection (3) must relate to a carriage service generally and cannot be expressed to apply to the supply of a carriage service to a particular person, particular persons or a particular class of persons.
(4) A person must comply with a direction given to the person under subsection (1) or (3).
Section 581
(5) In this section:
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
Part 35—Miscellaneous
582 Simplified outline
The following is a simplified outline of this Part:
583 Penalties for certain continuing offences
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
584 Procedure relating to certain continuing offences
585 Treatment of partnerships
civil penalty provision includes:
offence includes a breach of a civil penalty provision.
this Act includes:
586 Giving of documents to partnerships
this Act includes:
587 Nomination of address for service of documents
(1) For the purposes of this Act, a person may nominate an address for service in:
ACMA. The address must be in Australia.
Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
(4) In this section:
this Act includes:
588 Service of summons or process on foreign corporations— criminal proceedings
Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
(4) In this section:
criminal proceeding includes a proceeding to determine whether a person should be tried for an offence.
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
589 Instruments under this Act may provide for matters by reference to other instruments
even if the other instrument or writing does not yet exist when the instrument under this Act is made.
instrument under this Act means:
this Act includes:
590 Arbitration—acquisition of property
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
591 Compensation—constitutional safety net
(1) If:
51(xxxi) of the Constitution; the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
this Act includes:
592 Act not to affect performance of State or Territory functions
this Act includes:
593 Funding of consumer representation, and of research, in relation to telecommunications
consumer body means a body or association that represents the interests of consumers.
telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.
594 Regulations
Standard carrier licence conditions Schedule 1 Compliance with this Act Part 1
Clause 1
Schedule 1—Standard carrier licence conditions
Note: See section 61.
Part 1—Compliance with this Act
1 Compliance with this Act
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.
Schedule 1 Standard carrier licence conditions Part 3 Access to supplementary facilities
Clause 16
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:
17 Access to supplementary facilities
Standard carrier licence conditions Schedule 1 Access to supplementary facilities Part 3
Clause 18
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:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Schedule 1 Standard carrier licence conditions Part 3 Access to supplementary facilities
Clause 19
19 Ministerial pricing determinations
price-related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
Standard carrier licence conditions Schedule 1 Access to network information Part 4
Clause 20
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
Schedule 1 Standard carrier licence conditions Part 4 Access to network information
Clause 22
22 Access to information in databases
23 Access to network planning information
Standard carrier licence conditions Schedule 1 Access to network information Part 4
Clause 24
24 Access to information about likely changes to network facilities— completion success rate of calls
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).
Schedule 1 Standard carrier licence conditions Part 4 Access to network information
Clause 25
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:
Standard carrier licence conditions Schedule 1 Access to network information Part 4
Clause 26
26 Security procedures
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:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Schedule 1 Standard carrier licence conditions Part 4 Access to network information
Clause 27A
(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
28 Ministerial pricing determinations
price-related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
Standard carrier licence conditions Schedule 1 Access to network information Part 4
Clause 29
29 Consultation about reconfiguration etc.
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
29A Code relating to consultation
(1) The ACCC may, by written instrument, make a Code setting out conditions that are to be complied with in relation to consultations under clause 29.
Schedule 1 Standard carrier licence conditions Part 4 Access to network information
Clause 29A
Standard carrier licence conditions Schedule 1 Access to telecommunications transmission towers and to underground facilities Part 5
Clause 30
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:
31 Definitions
In this Part:
business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
eligible underground facility means an underground facility that is used, installed ready to be used, or intended to be used, to hold lines.
site means:
telecommunications transmission tower means:
Schedule 1 Standard carrier licence conditions Part 5 Access to telecommunications transmission towers and to underground facilities
Clause 32
(d) a similar structure;
used to supply a carriage service by means of radiocommunications.
32 Extended meaning of access
33 Access to telecommunications transmission towers
Standard carrier licence conditions Schedule 1 Access to telecommunications transmission towers and to underground facilities Part 5
Clause 34
(5) If the ACMA receives a request to make a decision about the issue of a certificate under subclause (3), the ACMA must use its best endeavours to make that decision within 10 business days after the request was made.
34 Access to sites of telecommunications transmission towers
Schedule 1 Standard carrier licence conditions Part 5 Access to telecommunications transmission towers and to underground facilities
Clause 35
35 Access to eligible underground facilities
Standard carrier licence conditions Schedule 1 Access to telecommunications transmission towers and to underground facilities Part 5
Clause 36
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:
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:
(i) the first carrier;
Schedule 1 Standard carrier licence conditions Part 5 Access to telecommunications transmission towers and to underground facilities
Clause 37
(ii) the second carrier (within the meaning of that clause); 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 first carrier (within the meaning of clause 35) must comply with subclause 35(1) on such terms and conditions as are:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
37 Code relating to access
Standard carrier licence conditions Schedule 1 Access to telecommunications transmission towers and to underground facilities Part 5
Clause 38
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.
Schedule 1 Standard carrier licence conditions Part 6 Inspection of facilities etc.
Clause 40
Part 6—Inspection of facilities etc. 40 Simplified outline
The following is a simplified outline of this Part:
41 Records relating to underground facilities
Standard carrier licence conditions Schedule 1 Inspection of facilities etc. Part 6
Clause 42
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:
used to supply a carriage service by means of radiocommunications.
42 Regular inspection of facilities
43 Prompt investigation of dangerous facilities
If:
44 Remedial action
(1) A carrier must take any remedial action that is reasonably required following an inspection under clause 42.
Schedule 1 Standard carrier licence conditions Part 6 Inspection of facilities etc.
Clause 44
Standard carrier licence conditions Schedule 1 Any-to-any connectivity Part 7
Clause 44A
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 has the same meaning as in section 152AR of the Trade Practices Act 1974.
designated interconnection service has the meaning given by clause 47.
eligible service has the same meaning as in section 152AL of the Trade Practices Act 1974.
46 Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any-to-any connectivity
(1) If:
Schedule 1 Standard carrier licence conditions Part 7 Any-to-any connectivity
Clause 46
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.
(2) The designated interconnection service is to be obtained on such terms and conditions as are:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Standard carrier licence conditions Schedule 1 Any-to-any connectivity Part 7
Clause 47
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
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 1 Introduction
Clause 48
Part 8—Operational separation of Telstra
Division 1—Introduction
48 Aim and objects
Aim
(1) The aim of this Part is to promote the principles of transparency and equivalence in relation to the supply by Telstra of wholesale eligible services.
Objects
(2) The objects of this Part are as follows:
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Introduction Division 1
Clause 48
does not impair Telstra’s ability to compete on a fair and efficient basis.
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 1 Introduction
Clause 49
(6) Subclause (5) does not limit the matters to which regard may be
had. Note: See also subsection 61(2).
49 Simplified outline
The following is a simplified outline of this Part:
50 Definitions
In this Part: business unit means a part of Telstra. declared network service has the meaning given by clause 50B. designated service has the meaning given by clause 50A. draft operational separation plan means a draft operational
separation plan under Division 2. draft rectification plan means a draft rectification plan under Division 3.
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Introduction Division 1
Clause 50A
eligible service has the same meaning as in section 152AL of the Trade Practices Act 1974.
final operational separation plan means a final operational separation plan under Division 2.
final rectification plan means a final rectification plan under Division 3.
key network services business unit means a business unit of Telstra that supplies the following in relation to eligible services:
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 business unit means a business unit by which Telstra deals with its wholesale customers.
50A Designated services
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 1 Introduction
Clause 50B
50B Declared network services
50C Notional contracts
For the purposes of this Part:
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Operational separation plan Division 2
Clause 51
Division 2—Operational separation plan
51 Contents of draft or final operational separation plan
Note: A final operational separation plan is a draft operational separation plan that has been approved by the Minister—see clause 55.
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 2 Operational separation plan
Clause 52
52 Draft operational separation plan to be given to Minister
Telstra must give the Minister a draft operational separation plan within 90 days after the commencement of this clause.
53 Public comment—draft operational separation plan
54 Approval of draft by Minister
(a) the extent to which the plan is likely to achieve the aim and objects of this Part; and
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Operational separation plan Division 2
Clause 55
(b) such other matters (if any) as are specified in a written determination made by the Minister under this paragraph.
Telstra must give the varied draft plan to the Minister within 60 days after the day on which the direction was given.
55 Effect of approval
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 2 Operational separation plan
Clause 56
56 Variation of final operational separation plan
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Operational separation plan Division 2
Clause 56A
56A Minister may direct Telstra to vary final operational separation plan
Telstra must give the draft variation to the Minister within 60 days after the day on which the direction was given.
(3) A direction under this clause is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
57 Public comment—variation of final operational separation plan
(a) cause to be published in a newspaper circulating generally in each State, the Australian Capital Territory and the Northern Territory a notice:
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 2 Operational separation plan
Clause 58
(iii) inviting persons to give written comments about the preliminary version to Telstra within 20 days after the publication of the notice; and
(b) make a copy of the preliminary version available on Telstra’s website in accordance with the notice.
58 Publication of final operational separation plan
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Rectification plan Division 3
Clause 59
Division 3—Rectification plan
59 Contents of draft or final rectification plan
(1) The following matters must be set out in each draft or final rectification plan that relates to a contravention of a final operational separation plan:
Note: A final rectification plan is a draft rectification plan that has been approved by the Minister—see clause 62.
(2) A draft or final rectification plan may make provision for, or in relation to, a matter by empowering the Minister, the ACCC or the ACMA to make decisions of an administrative character.
60 Draft rectification plan to be given to Minister
61 Approval of draft by Minister
(1) This clause applies if Telstra gives the Minister a draft rectification plan that relates to a particular contravention.
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 3 Rectification plan
Clause 61
Telstra must give the varied draft plan to the Minister within 60 days after the day on which the direction was given.
Standard carrier licence conditions Schedule 1 Operational separation of Telstra Part 8 Rectification plan Division 3
Clause 62
62 Effect of approval
63 Variation of final rectification plan
Schedule 1 Standard carrier licence conditions Part 8 Operational separation of Telstra Division 3 Rectification plan
Clause 64
64 Minister may direct Telstra to vary final rectification plan
The draft variation must be given to the Minister within 60 days after the day on which the direction was given.
(3) A direction under this clause is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
65 Compliance with final rectification plan
If a final rectification plan is in force, Telstra must comply with the plan.
66 Publication of final rectification plan
Standard service provider rules Schedule 2 Compliance with this Act Part 1
Clause 1
Schedule 2—Standard service provider rules
Note: See section 98.
Part 1—Compliance with this Act
1 Compliance with this Act
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.
Schedule 2 Standard service provider rules Part 2 Operator services
Clause 2
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:
4 Operator services must be provided to end-users of a standard telephone service
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
Standard service provider rules Schedule 2 Operator services Part 2
Clause 5
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:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Schedule 2 Standard service provider rules Part 3 Directory assistance services
Clause 6
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
8 Access by end-users of other carriage service providers
(1) If:
the first provider must comply with the request.
Standard service provider rules Schedule 2 Directory assistance services Part 3
Clause 8
(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:
the parties. If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
Schedule 2 Standard service provider rules Part 4 Integrated public number database
Clause 9
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
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).
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.
Standard service provider rules Schedule 2 Integrated public number database Part 4
Clause 11
(2) If:
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).
Schedule 2 Standard service provider rules Part 5 Itemised billing
Clause 12
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
Standard service provider rules Schedule 2 Itemised billing Part 5
Clause 13
Telecommunications (Consumer Protection and Service Standards) Act 1999.
itemised billing, in relation to calls of a particular kind, means the provision to a customer of a bill that:
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 disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Schedule 2 Standard service provider rules Part 5 Itemised billing
Clause 14
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.
15 Details that are not to be specified in an itemised bill
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Simplified outline and definitions Division 1
Clause 1
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:
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 1 Simplified outline and definitions
Clause 1
• A facility installation permit will only be issued in relation to a facility if:
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Simplified outline and definitions Division 1
Clause 2
• In exercising powers under this Part, a carrier must comply with certain conditions, including:
2 Definitions
In this Part:
Aboriginal person means a person of the Aboriginal race of Australia.
business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
(i) has functions corresponding to functions of, or of a part of, the Department of Defence or the Australian Defence Force; and
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 1 Simplified outline and definitions
Clause 2
(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 to 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:
country; and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.
land includes submerged land (but does not include submerged land that is beneath Australian waters within the meaning of Schedule 3A).
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Simplified outline and definitions Division 1
Clause 2
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:
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:
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 1 Simplified outline and definitions
Clause 3
3 Designated overhead line
A reference in this Part to a designated overhead line is a reference to a line:
4 Extension to a tower to be treated as the installation of a facility
tower means a tower, pole or mast.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Inspection of land Division 2
Clause 5
Division 2—Inspection of land
5 Inspection of land
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 3 Installation of facilities
Clause 6
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:
(iii) the whole or a part of the network was in existence at the end of 30 June 1997.
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:
(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
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Installation of facilities Division 3
Clause 6
(3) The Minister may, by written 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 46(2) of the Acts Interpretation Act 1901.
(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).
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 4 Maintenance of facilities
Clause 7
Division 4—Maintenance of facilities
7 Maintenance of facilities
(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;
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Maintenance of facilities Division 4
Clause 7
(a) the measurement of the height of a tower is not to include any antenna extending from the top of the tower; and
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 4 Maintenance of facilities
Clause 7
tower means a tower, pole or mast.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Conditions relating to the carrying out of authorised activities Division 5
Clause 8
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
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:
(iii) the movement of traffic; and
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 5 Conditions relating to the carrying out of authorised activities
Clause 11
(iv) the use of land; and
(d) to protect the environment.
11 Agreements with public utilities
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:
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.
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 written 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
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Conditions relating to the carrying out of authorised activities Division 5
Clause 16
(other than activities covered by a facility installation permit) or by Part 3 of Schedule 3A.
16 Conditions to which a facility installation permit is subject
If:
conditions; the carrier must comply with those conditions.
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 5 Conditions relating to the carrying out of authorised activities
Clause 17
17 Notice to owner of land—general
(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) 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
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Conditions relating to the carrying out of authorised activities Division 5
Clause 18
(b) those activities need to be carried out without delay in order to protect:
(iii) the environment; or
(6A) Subclause (1) does not apply if:
(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:
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:
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 5 Conditions relating to the carrying out of authorised activities
Clause 18
a carrier must give:
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.
(3A) Subclauses (1) and (2) do not apply if:
(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:
(iii) the environment; or
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Conditions relating to the carrying out of authorised activities Division 5
Clause 19
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:
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:
(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:
(iii) the environment; or
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 5 Conditions relating to the carrying out of authorised activities
Clause 20
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.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Facility installation permits Division 6
Clause 21
Division 6—Facility installation permits
21 Application for facility installation permit
22 Form of application
An application must be:
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
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 6 Facility installation permits
Clause 26
(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.
26 Deemed refusal of facility installation permit
(1) If:
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:
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
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Facility installation permits Division 6
Clause 27
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:
(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
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 6 Facility installation permits
Clause 27
Conditions relating to facilities other than designated overhead lines
(2) For the purposes of paragraph (1)(e), the following conditions are specified:
(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;
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Facility installation permits Division 6
Clause 27
(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:
Networks of national significance
(3) In determining the matter set out in paragraph (1)(a), the ACMA must have regard to the following:
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:
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 6 Facility installation permits
Clause 27
(c) the social importance of the facilities in the context of the 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:
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 Trade Practices Act 1974.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Facility installation permits Division 6
Clause 27
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:
(iii) could put a species of flora or fauna at risk of becoming a threatened species; 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
(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);
(b) the visual effect of the facilities on streetscapes and other landscapes;
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 6 Facility installation permits
Clause 27
(c) whether the facilities are to be installed at any of the 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
(ii) included in the Register of the National Estate, within the meaning of the Australian Heritage Council Act 2003; 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 installation of one or more specified facilities. The determination has effect accordingly.
Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Facility installation permits Division 6
Clause 28
Definitions
(9) In this clause: administrative authority means:
performing administrative functions under a law of a State or a Territory.
approval means an approval or permission (however described).
negotiations includes:
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) Part 25, to the extent that that Part relates to the holding of a public inquiry in relation to a permit; and
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 6 Facility installation permits
Clause 29
(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
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
31 Duration of facility installation permit
32 Conditions of facility installation permit
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Facility installation permits Division 6
Clause 33
(c) a condition requiring the holder to obtain the approval of a 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
35 Review of decisions by Administrative Appeals Tribunal
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.
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 6 Facility installation permits
Clause 35
(4) In this clause:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Exemptions from State and Territory laws Division 7
Clause 36
Division 7—Exemptions from State and Territory laws
36 Activities not generally exempt from State and Territory laws
37 Exemption from State and Territory laws
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 7 Exemptions from State and Territory laws
Clause 38
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.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 41
Division 8—Miscellaneous
41 Guidelines
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:
there is payable to the person by the carrier such reasonable amount of compensation:
court of competent jurisdiction, in relation to property, means:
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 8 Miscellaneous
Clause 43
(c) an inferior court that has jurisdiction:
inferior court means:
43 Power extends to carrier’s employees etc.
If, under a provision of Division 2, 3 or 4, a carrier is empowered to:
44 State and Territory laws that discriminate against carriers and users of carriage services
(1) The following provisions have effect:
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 44
particular carrier, against a particular class of carriers, or against carriers generally;
(c) without limiting paragraph (a), a person is not required to 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.
Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 8 Miscellaneous
Clause 45
(5) The Minister may, by written instrument, exempt a specified law of a State or Territory from subclause (2).
Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.
Note: The following are examples of a law of a State or Territory:
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 written 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 46(2) of the Acts Interpretation Act 1901.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 47
Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with the customer service guarantee).
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:
48 ACMA may inform the public about designated overhead lines, telecommunications transmission towers and underground facilities
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 8 Miscellaneous
Clause 49
(a) if:
the views set out in the statement;
telecommunications transmission tower means:
used to supply a carriage service by means of radiocommunications.
49 Review of options for placing facilities underground
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 50
(4) The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.
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:
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.
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 8 Miscellaneous
Clause 51
(2) If:
Territory in which the first pole is situated; the local government body may, by writing:
Territory in which the first pole is situated; the regulations may make provision for and in relation to:
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 52
(7) In this clause:
administrative authority means:
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:
overhead line means a line that is suspended above the surface of:
prescribed administrative authority, in relation to a State or a Territory, means an administrative authority that:
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
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 8 Miscellaneous
Clause 54
(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:
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:
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 55
55 Facilities installed before 1 January 2001 otherwise than in reliance on Commonwealth laws—environmental impact
(a) the carrying out of the installation:
(iii) could put a species of flora or fauna at risk of becoming a threatened species; 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
Schedule 3 Carriers’ powers and immunities Part 1 General provisions Division 8 Miscellaneous
Clause 55
(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);
(b) the installation is to be carried out at any of the 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, is reserved wholly or principally for nature conservation purposes (however described);
(iv) an area that, under a law of the Commonwealth, is protected from significant environmental disturbance;
(c) the installation is to be carried out at or near an area or thing that is:
(iii) of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions.
Carriers’ powers and immunities Schedule 3 General provisions Part 1 Miscellaneous Division 8
Clause 55
environmental impact includes impact on heritage values.
Schedule 3 Carriers’ powers and immunities Part 2 Transitional provisions
Clause 60
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:
or demolition of the building, structure or facility was or is authorised by:
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:
Carriers’ powers and immunities Schedule 3 Compensation for acquisition of property Part 3
Clause 62
Part 3—Compensation for acquisition of property
62 Compensation for acquisition of property
(1) If:
the carrier must pay that person:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Schedule 3 Carriers’ powers and immunities Part 3 Compensation for acquisition of property
Clause 63
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:
Protection of submarine cables Schedule 3A Preliminary Part 1
Clause 1
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:
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.
Australia, when used in a geographical sense, includes all of the external Territories.
Note: Australia has a different meaning in this Schedule from the meaning it has elsewhere in this Act.
Schedule 3A Protection of submarine cables Part 1 Preliminary
Clause 2
Note: Australia, when used in this definition, includes all of the external territories.
cetacean has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
Commonwealth marine area has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
conduct means an act, an omission to perform an act or a state of affairs.
continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.
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.
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.
Protection of submarine cables Schedule 3A Preliminary Part 1
Clause 2
exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973.
installation, in relation to a submarine cable, includes:
country; and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.
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.
protection zone means a protection zone declared by the ACMA under clause 4.
Schedule 3A Protection of submarine cables Part 1 Preliminary
Clause 2
protection zone installation permit means a permit under Division 2 of Part 3 of this Schedule.
ship means any kind of vessel used in navigation by water, however propelled or moved.
submarine cable means that part of a line link (within the meaning of section 30):
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: 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 submarine cable for the purposes of this Schedule.
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:
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.
(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.
Protection of submarine cables Schedule 3A Protection zones Part 2 Simplified outline Division 1
Clause 3
Part 2—Protection zones Division 1—Simplified outline 3 Simplified outline
The following is a simplified outline of this Part:
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 2 Declaration of protection zones
Clause 4
Division 2—Declaration of protection zones
Subdivision A—Declarations
4 ACMA may declare a protection zone
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:
6 Response to a request to declare a protection zone
ACMA decides to develop a proposal
(1) If:
zone in response to the request; the ACMA must give the person a copy of its proposal.
Protection of submarine cables Schedule 3A Protection zones Part 2 Declaration of protection zones Division 2
Clause 7
ACMA decides not to develop a proposal
(2) If:
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:
the ACMA must notify the person in writing of the ACMA’s decision and the reasons for the decision.
Declaration different from proposal
(2) If:
the proposed protection zone; the ACMA must give the person a copy of the declaration.
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
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 2 Declaration of protection zones
Clause 9
(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:
Protection zone in relation to only one submarine cable
(2) The protection zone in relation to one submarine cable:
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 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
Protection of submarine cables Schedule 3A Protection zones Part 2 Declaration of protection zones Division 2
Clause 10
(ii) the area within one nautical mile 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
(a) the use of:
(iii) a fishing line that is designed to catch fish at or near the seabed (for example, a demersal line); or
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 2 Declaration of protection zones
Clause 11
(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);
11 Restricted activities
Protection of submarine cables Schedule 3A Protection zones Part 2 Declaration of protection zones Division 2
Clause 12
12 Conditions
13 When a declaration takes effect
14 Duration of declaration
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 2 Declaration of protection zones
Clause 15
Subdivision B—Prerequisites to declaration of a protection zone
15 ACMA to develop a proposal for a protection zone
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.
17 ACMA to publish proposal
(1) The ACMA must publish a proposal developed under clause 15 and invite public submissions about the proposal.
Protection of submarine cables Schedule 3A Protection zones Part 2 Declaration of protection zones Division 2
Clause 18
(2) The proposal must be published:
18 Cable must be a submarine cable of national significance
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.
19 Consultation with Environment Secretary
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:
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 2 Declaration of protection zones
Clause 21
21 Environment and heritage considerations
For the purposes of paragraph 20(d), the ACMA must have regard to:
(a) whether the installation, maintenance or operation of the submarine cable:
(iii) could have an adverse effect on a listed marine species; or
(vii) could have an adverse effect on the National Heritage values of a place included in the National Heritage List; or
(viii) could have an adverse effect on the ecological character of a declared Ramsar wetland; or
Protection of submarine cables Schedule 3A Protection zones Part 2 Declaration of protection zones Division 2
Clause 22
(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
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 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.
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 3 Varying or revoking a declaration of a protection zone
Clause 23
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:
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.
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
Protection of submarine cables Schedule 3A Protection zones Part 2 Varying or revoking a declaration of a protection zone Division 3
Clause 27
(b) the ACMA decides to develop a variation or revocation
proposal in response to the request; the ACMA must:
ACMA decides not to develop a variation or revocation proposal
(2) If:
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 so
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:
requested; 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.
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 3 Varying or revoking a declaration of a protection zone
Clause 29
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
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.
32 ACMA to publish proposal
Protection of submarine cables Schedule 3A Protection zones Part 2 Varying or revoking a declaration of a protection zone Division 3
Clause 33
(d) if an external Territory is affected by the proposal—in a newspaper circulating generally in that external Territory.
33 Consultation with Environment Secretary
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:
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.
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 4 Offences in relation to a protection zone
Clause 36
Division 4—Offences in relation to a protection zone Subdivision A—Damaging a submarine cable
36 Damaging a submarine cable
37 Negligently damaging a submarine cable
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, or to a part of the submarine cable, was necessary to save a life or a ship; or
Protection of submarine cables Schedule 3A Protection zones Part 2 Offences in relation to a protection zone Division 4
Clause 39
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:
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:
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 4 Offences in relation to a protection zone
Clause 41
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:
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
42 Defences to offences of engaging in prohibited or restricted activities
Clauses 40 and 41 do not apply if:
Protection of submarine cables Schedule 3A Protection zones Part 2 Offences in relation to a protection zone Division 4
Clause 43
(c) the defendant took all reasonable steps to avoid engaging in 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:
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:
Penalty:
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 5 Miscellaneous
Clause 45
Division 5—Miscellaneous
45 Person may claim damages
(1) A person who suffers, directly or indirectly, loss or damage:
restriction imposed on an activity in a protection zone; may recover the amount of the loss or damage:
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
Protection of submarine cables Schedule 3A Protection zones Part 2 Miscellaneous Division 5
Clause 47
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:
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
48 Notice if carrier decommissions a submarine cable
If:
in writing of the cessation, as soon as practicable after the cessation happens.
Schedule 3A Protection of submarine cables Part 2 Protection zones Division 5 Miscellaneous
Clause 49
49 Composition of advisory committee
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.
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Simplified outline Division 1
Clause 50
Part 3—Permits to install submarine cables Division 1—Simplified outline 50 Simplified outline
The following is a simplified outline of this Part:
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 2 Protection zone installation permits
Clause 51
Division 2—Protection zone installation permits
51 Application for a permit to install a submarine cable in a protection zone
A carrier may apply to the ACMA for a permit to install one or more submarine cables in a protection zone (a protection zone installation permit).
52 Form of application etc.
An application must be:
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.
55 Further information
56 Grant or refusal of permit
Grant
(1) After considering the application, the ACMA may grant the applicant a protection zone installation permit authorising the
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Protection zone installation permits Division 2
Clause 57
installation, in the protection zone, of the submarine cable or cables specified in the application.
(2) The ACMA may grant the permit subject to conditions specified by the ACMA in relation to the installation of the cable or cables.
Refusal
57 Automatic refusal
Automatic refusal if no grant before deadline day
(1) If:
then the ACMA is taken, at the end of that day, to have refused to grant the permit.
No request for further information
(2) If the ACMA has not requested further information about the application under clause 55, the deadline day is the 20th business day after the day on which the application was made.
Request for further information complied with
(3) If the ACMA requested further information about the application under clause 55 and the applicant complied with the request, the deadline day is the tenth business day after the day on which the request was complied with.
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 2 Protection zone installation permits
Clause 58
Request for further information not complied with
(4) If the ACMA requested further information about the application under clause 55 and the applicant has not complied with the request, the deadline day is the tenth business day after the end of the period specified in the request for compliance with the request.
Business day
(5) In this clause:
business day means a day on which the ACMA is open for business in both Victoria and the Australian Capital Territory.
58 Refund of application charge if automatic refusal
(1) If:
clause 57; the ACMA, on behalf of the Commonwealth, must refund the charge to the applicant.
(2) The Consolidated Revenue Fund is appropriated for payments under this section.
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
(1) 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.
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Protection zone installation permits Division 2
Clause 62
62 Suspension or cancellation of permit
63 Exemption from State and Territory laws
(a) the assessment of the environmental effects of engaging in the activity; or
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 2 Protection zone installation permits
Clause 63
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Non-protection zone installation permits Division 3
Clause 64
Division 3—Non-protection zone installation permits
64 Application for a permit to install a 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 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.
An application must be:
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.
68 Further information
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 3 Non-protection zone installation permits
Clause 69
69 Grant or refusal of permit
Grant
(1) After:
have regard to); 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.
(2) The ACMA may grant the permit subject to conditions specified by the ACMA in relation to the installation of the cable or cables.
Refusal
70 Consultation before the ACMA makes a decision about a permit
The ACMA must not grant a non-protection zone installation permit unless it has consulted with:
71 Matters the ACMA must have regard to before it makes 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
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Non-protection zone installation permits Division 3
Clause 72
72 Environment and heritage considerations
For the purposes of paragraph 71(b), the ACMA must have regard to:
(a) whether the installation, maintenance or operation of the submarine cable:
(iii) could have an adverse effect on a listed marine species; or
(vii) could have an adverse effect on the National Heritage values of a place included in the National Heritage List; or
(viii) could have an adverse effect on the ecological character of a declared Ramsar wetland; or
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 3 Non-protection zone installation permits
Clause 73
(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
73 Time limit on decision about a permit
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.
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Non-protection zone installation permits Division 3
Clause 75
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
77 Suspension or cancellation of permit
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 4 Conditions applicable to the installation of submarine cables
Clause 78
Division 4—Conditions applicable to the installation of submarine cables
78 Application of this Division
This Division applies to the installation of a submarine cable:
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.
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:
81 Compliance with industry standards
The carrier must ensure that the installation is done in accordance with any standard that:
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Conditions applicable to the installation of submarine cables Division 4
Clause 82
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.
Schedule 3A Protection of submarine cables Part 3 Permits to install submarine cables Division 5 Offences in relation to installation of submarine cables
Clause 84
Division 5—Offences in relation to installation of submarine cables
84 Installing a submarine cable without a permit
(1) A person commits an offence if:
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 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.
85 Breaching conditions of a permit
A carrier commits an offence if:
Penalty: 100 penalty units.
Protection of submarine cables Schedule 3A Permits to install submarine cables Part 3 Offences in relation to installation of submarine cables Division 5
Clause 86
86 Failing to comply with ACMA direction to remove an unlawfully installed cable
Schedule 3A Protection of submarine cables Part 4 Compensation
Clause 87
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:
there is payable to the person by the carrier such reasonable amount of compensation;
court of competent jurisdiction, in relation to property, includes the Federal Court.
88 Compensation for acquisition of property
(1) If:
Protection of submarine cables Schedule 3A Compensation Part 4
Clause 88
the carrier must pay that person:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Schedule 3A Protection of submarine cables Part 5 Miscellaneous
Clause 89
Part 5—Miscellaneous
89 Review of operation of this Schedule
Reviewable decisions of the ACMA Schedule 4 Decisions that may be subject to reconsideration by the ACMA Part 1
Clause 1
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:
Schedule 4 Reviewable decisions of the ACMA Part 1 Decisions that may be subject to reconsideration by the ACMA
Clause 1
(ja) a decision of a kind referred to in subsection 23D(3) (which deals with remission of late payment penalty) of the
Telecommunications (Consumer Protection and Service Standards) Act 1999;
(jb) a decision of a kind referred to in subsection 101A(3) (which deals with remission of late payment penalty) of the
Telecommunications (Consumer Protection and Service
Standards) Act 1999;
(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;
Reviewable decisions of the ACMA Schedule 4 Decisions that may be subject to reconsideration by the ACMA Part 1
Clause 1
(xb) a decision under clause 5 of Schedule 1 to cancel an exemption certificate;
(zf) a decision under clause 77 of Schedule 3A to suspend or cancel a non-protection zone installation permit.
Schedule 4 Reviewable decisions of the ACMA Part 2 Decisions to which section 556 does not apply
Clause 2
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):
Table of Acts
Notes to the Telecommunications Act 1997 Note 1
The Telecommunications Act 1997 as shown in this compilation comprises Act No. 47, 1997 amended as indicated in the Tables below.
Subsections 531F(1) and (2) and paragraphs 531G(2)(e) and (3A)(e) ceased to have effect on 27 May 2009, see subsections 531F(3), 531G(3) and (3B).
For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.
For application, saving or transitional provisions made by the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, see Act No. 45, 2005.
For application, saving or transitional provisions made by the Freedom of Information Amendment (Reform) Act 2010, see Act No. 51, 2010.
For all other relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| 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) | — |
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Telecommunications | 200, 1997 | 16 Dec 1997 | Schedule 1 and | Sch. 1 |
| Legislation Amendment | Schedule 2 (items | (item 11) | ||
| Act 1997 | 1–27): Royal | and Sch. 2 | ||
| Assent (c) | (item 9) | |||
| as amended by | ||||
| Statute Law Revision | 63, 2002 | 3 July 2002 | Schedule 2 | — |
| Act 2002 | (item 31): (ca) | |||
| Telecommunications | 4, 1998 | 26 Mar 1998 | Schedule 1 | Ss. 4 and 5 |
| Amendment Act 1998 | (item 4): 23 Apr | |||
| 1998 | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Social Security Legislation | 45, 1998 | 17 June 1998 | Schedule 13 | — |
| Amendment (Youth | (item 49): 1 July | |||
| Allowance Consequential | 1998 (d) | |||
| and Related Measures) | ||||
| Act 1998 | ||||
| Financial Sector Reform | 48, 1998 | 29 June 1998 | Schedule 1 | — |
| (Consequential | (item 193): 1 July | |||
| Amendments) Act 1998 | 1998 (see Gazette | |||
| 1998, No. S316) | ||||
| (e) | ||||
| Telecommunications | 119, 1998 | 11 Dec 1998 | 11 Dec 1998 | — |
| Amendment Act (No. 2) | ||||
| 1998 | ||||
| Telecommunications Laws | 42, 1999 | 11 June 1999 | Schedule 1: Royal | Sch. 1 |
| Amendment (Universal | Assent (f) | (item 5) | ||
| Service Cap) Act 1999 | ||||
| Telecommunications | 52, 1999 | 5 July 1999 | Schedule 1 (items | Sch. 3 |
| Legislation Amendment | 1–5): Royal | (items | ||
| Act 1999 | Assent (g) | 77–82) and | ||
| Schedule 2: 2 Aug | Sch. 4 | |||
| 1999 (g) | (items | |||
| Schedule 3 (items | 21–29) | |||
| 9–64): 2 Aug 1999 | ||||
| (g) | ||||
| Schedule 4 (items | ||||
| 1–16, 21–29): | ||||
| 1 July 1999 (g) | ||||
| Environmental Reform | 92, 1999 | 16 July 1999 | Schedule 2 (items | Sch. 2 |
| (Consequential | 14–21), Schedule | (items 19, | ||
| Provisions) Act 1999 | 3 (items 56, 57), | 21), Sch. 6 | ||
| Schedule 4 (items | (items 6, 8) | |||
| 74, 75), Schedule | and Sch. 7 | |||
| 6 (items 5–8) and | (items 25, | |||
| Schedule 7 (items | 28, 31) | |||
| 21–31): 16 July | ||||
| 2000 (h) |
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Public Employment | 146, 1999 | 11 Nov 1999 | Schedule 1 (items | — |
| (Consequential and | 916, 917): 5 Dec | |||
| Transitional) Amendment | 1999 (see Gazette | |||
| Act 1999 | 1999, No. S584) | |||
| (i) | ||||
| Australian Security | 161, 1999 | 10 Dec 1999 | Schedule 3 (items | — |
| Intelligence Organisation | 58–61): (j) | |||
| Legislation Amendment | ||||
| Act 1999 | ||||
| Broadcasting Services | 197, 1999 | 23 Dec 1999 | Schedule 3 (items | — |
| Amendment Act (No. 1) | 12, 13): Royal | |||
| 1999 | Assent (k) | |||
| Telecommunications | 142, 2000 | 29 Nov 2000 | Schedule 3 (items | Sch. 4 |
| (Consumer Protection and | 1–5): 1 July 2000 | |||
| Service Standards) | (l) | |||
| Amendment Act (No. 2) | Schedule 4: Royal | |||
| 2000 | Assent (l) | |||
| Telecommunications | 152, 2000 | 21 Dec 2000 | 21 Dec 2000 | — |
| Legislation Amendment | ||||
| Act 2000 | ||||
| Privacy Amendment | 155, 2000 | 21 Dec 2000 | Schedule 3: Royal | — |
| (Private Sector) Act 2000 | Assent | |||
| Remainder: 21 | ||||
| Dec 2001 | ||||
| Communications and the | 5, 2001 | 20 Mar 2001 | S. 4 and | S. 4 |
| Arts Legislation | Schedule 1 (items | |||
| Amendment (Application | 101–162): (m) | |||
| of Criminal Code) Act | ||||
| 2001 | ||||
| Communications and the | 46, 2001 | 5 June 2001 | 5 June 2001 | S. 5 |
| Arts Legislation | ||||
| Amendment Act 2001 | ||||
| Corporations (Repeals, | 55, 2001 | 28 June 2001 | Ss. 4–14 and | Ss. 4–14 |
| Consequentials and | Schedule 3 (items | [see Note 1] | ||
| Transitionals) Act 2001 | 511, 512): 15 July | |||
| 2001 (see Gazette | ||||
| 2001, No. S285) | ||||
| (n) | ||||
| Statute Law Revision Act | 63, 2002 | 3 July 2002 | Schedule 1 | — |
| 2002 | (item 33): 1 July | |||
| 1999 | ||||
| Australian Crime | 125, 2002 | 10 Dec 2002 | Schedule 2 (items | — |
| Commission | 188, 189): 1 Jan | |||
| Establishment Act 2002 | 2003 | |||
| Telecommunications | 140, 2002 | 19 Dec 2002 | 19 Dec 2002 | Sch. 1 |
| Competition Act 2002 | (items 6, | |||
| 15C, 15D, | ||||
| 24) |
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Australian Heritage Council | 86, 2003 | 23 Sept 2003 | Schedules 1 and | — |
| (Consequential and | 2: 1 Jan 2004 | |||
| Transitional Provisions) | (see s. 2(1) and | |||
| Act 2003 | Gazette 2003, | |||
| No. GN47) | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Communications Legislation | 108, 2003 | 24 Oct 2003 | Schedule 1 (items | Sch. 1 |
| Amendment Act (No. 3) | 25–48): 21 Nov | (item 48) | ||
| 2003 | 2003 | |||
| Communications Legislation | 114, 2003 | 27 Nov 2003 | Schedule 2: | — |
| Amendment Act (No. 1) | 27 Mar 2003 | |||
| 2003 | Remainder: | |||
| 28 Nov 2003 | ||||
| Spam (Consequential | 130, 2003 | 12 Dec 2003 | Schedule 1 (items | Sch. 1 |
| Amendments) Act 2003 | 42–87): 10 Apr | (items 40, | ||
| 2004 (see s. 2(1)) | 41) | |||
| Remainder: Royal | ||||
| Assent | ||||
| Designs (Consequential | 148, 2003 | 17 Dec 2003 | Schedules 1 and | — |
| Amendments) Act 2003 | 2: (o) | |||
| Remainder: Royal | ||||
| Assent | ||||
| Communications Legislation | 35, 2004 | 20 Apr 2004 | 21 Apr 2004 | — |
| Amendment Act (No. 1) | ||||
| 2004 | ||||
| US Free Trade Agreement | 120, 2004 | 16 Aug 2004 | Schedule 9 | — |
| Implementation Act 2004 | (item 192): 1 Jan | |||
| 2005 | ||||
| Financial Framework | 8, 2005 | 22 Feb 2005 | S. 4 and | S. 4 |
| Legislation Amendment | Schedule 1 (items | |||
| Act 2005 | 427, 428): Royal | |||
| Assent | ||||
| Australian Communications | 45, 2005 | 1 Apr 2005 | Schedule 1 (items | Sch. 4 [see |
| and Media Authority | 127–160) and | Note 1] | ||
| (Consequential and | Schedule 4: 1 July | |||
| Transitional Provisions) | 2005 (p) | |||
| Act 2005 | Schedule 2: (p) | |||
| Telecommunications and | 104, 2005 | 23 Aug 2005 | Schedule 1 (items | — |
| Other Legislation | 1–7): 20 Sept | |||
| Amendment (Protection of | 2005 | |||
| Submarine Cables and | Schedule 1 (items | |||
| Other Measures) Act 2005 | 8–105): (q) | |||
| Schedule 2: | ||||
| 24 Aug 2005 | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Telecommunications | 117, 2005 | 23 Sept 2005 | Schedule 3: | — |
| Legislation Amendment | 23 Mar 2006 | |||
| (Future Proofing and | ||||
| Other Measures) Act 2005 |
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Telecommunications | 119, 2005 | 23 Sept 2005 | Schedules 1, 3, | Sch. 1 |
| Legislation Amendment | 8, 10 and 13: | (item 2), | ||
| (Competition and | 24 Sept 2005 | Sch. 2 | ||
| Consumer Issues) Act | Schedule 2: | (item 3) and | ||
| 2005 | 21 Oct 2005 | Sch. 3 | ||
| Schedule 11 | (item 4) | |||
| (items 1–7): 1 Jan | ||||
| 2006 (see | ||||
| F2005L04117) | ||||
| Offshore Petroleum | 17, 2006 | 29 Mar 2006 | Schedule 2 (items | — |
| (Repeals and | 108–111): 1 July | |||
| Consequential | 2008 (see s. 2(1) | |||
| Amendments) Act 2006 | and | |||
| F2008L02273) | ||||
| Telecommunications | 40, 2006 | 3 May 2006 | Schedule 1 (items | — |
| (Interception) Amendment | 24A–24G): 13 | |||
| Act 2006 | June 2006 (see | |||
| F2006L01623) | ||||
| Law Enforcement Integrity | 86, 2006 | 30 June 2006 | Schedule 1 (items | — |
| Commissioner | 73–75): 30 Dec | |||
| (Consequential | 2006 | |||
| Amendments) Act 2006 | ||||
| Do Not Call Register | 89, 2006 | 30 June 2006 | Schedule 1 (items | — |
| (Consequential | 42–73): 31 May | |||
| Amendments) Act 2006 | 2007 (see s. 2(1) | |||
| and | ||||
| F2007L01114) | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Telecommunications | 155, 2006 | 8 Dec 2006 | Schedule 1: | Sch. 1 |
| Amendment (Integrated | 15 May 2007 (see | (item 12) | ||
| Public Number Database) | F2007L01311) | |||
| Act 2006 | Remainder: Royal | |||
| Assent | ||||
| Communications Legislation | 124, 2007 | 20 July 2007 | Schedule 1 (items | — |
| Amendment (Content | 96–99): 20 Jan | |||
| Services) Act 2007 | 2008 | |||
| Schedule 2 | ||||
| (item 2): 20 July | ||||
| 2008 | ||||
| Telecommunications | 177, 2007 | 28 Sept 2007 | Schedule 1 (items | Sch. 1 |
| (Interception and Access) | 16–54, 57–68): | (items | ||
| Amendment Act 2007 | 1 Nov 2007 (see | 57–68) | ||
| F2007L03941) | ||||
| Telecommunications | 22, 2008 | 26 May 2008 | 27 May 2008 | — |
| Legislation Amendment | ||||
| (National Broadband | ||||
| Network) Act 2008 | ||||
| Offshore Petroleum | 117, 2008 | 21 Nov 2008 | Schedule 3 (item | — |
| Amendment (Greenhouse | 59): 22 Nov 2008 | |||
| Gas Storage) Act 2008 |
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or transitional | |
| provisions | ||||
| Telecommunications | 16, 2009 | 26 Mar 2009 | 27 Mar 2009 | — |
| Amendment (Integrated Public Number Database) Act 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)): (r) | ||||
| Do Not Call Register Legislation Amendment Act 2010 | 46, 2010 | 18 May 2010 | Schedule 1 (items 95–140): 30 May 2010 (see F2010L01325) | — |
| Freedom of Information Amendment (Reform) Act 2010 | 51, 2010 | 31 May 2010 | Schedule 5 (items 59–75): [see (s) and Note 2] Schedule 7: (s) | Sch. 7 [see Note 1] |
Act Notes
(1) Subject to subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.
(ca) Subsection 2(1) (item 60) of the Statute Law Revision Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
60. Schedule 2, Immediately after the time specified in the 16 December 1997
item 31 Telecommunications Legislation Amendment Act 1997 for the commencement of item 18 of Schedule 2 to that Act
Act Notes
(1) Subject to this section, this Act commences at the latest of the following times:
(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.
Act Notes
| Provision(s) | Commencement | Date/Details |
|---|---|---|
| 2. Schedules 1 and | Immediately after the commencement of section 4 | 17 June 2004 |
| 2 | of the Designs Act 2003. |
(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 1 July 2005
Communications and Media Authority Act 2005
commences.
| 3. Schedule 2 | Immediately after the commencement of the | 1 July 2005 |
| provision(s) covered by table item 2. | ||
| 10. Schedule 4 | At the same time as section 6 of the Australian | 1 July 2005 |
| Communications and Media Authority Act 2005 | ||
| commences. |
| Provision(s) | Commencement | Date/Details |
|---|---|---|
| 2. Schedule 1, | The 28th day after the day on which this Act | 20 September |
| Part 1 | receives the Royal Assent. | 2005 |
| 3. Schedule 1, | Immediately after the commencement of the | 20 September |
| Part 2 | provisions in Part 1 of Schedule 1 to this Act. | 2005 |
| 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. |
(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.
Act Notes
| 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 |
(s) Subsection 2(1) (item 7) of the Freedom of Information Amendment (Reform) 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 |
|---|---|---|
| 7. Schedules 4 to 7 | Immediately after the commencement of section 3 of the Australian Information Commissioner Act | [see Note 2] |
| 2010. | ||
| However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. |
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 1
S. 2............................................ am. No. 5, 2001
S. 3............................................ am. No. 130, 2003; No. 89, 2006; No. 111, 2009; No. 46, 2010
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
S. 6............................................ am. No. 52, 1999; No. 5, 2001; No. 119, 2005; No. 177, 2007
S. 7............................................ am. No. 200, 1997; No. 4, 1998; Nos. 52 and 161, 1999; No. 142, 2000; No. 125, 2002; No. 130, 2003; No. 35, 2004; No. 45, 2005; Nos. 86, 89 and 155, 2006; Nos. 124 and 177, 2007; No. 22, 2008; No. 111, 2009; Nos. 8 and 46, 2010
S. 7A ......................................... ad. No. 200, 1997 rep. No. 177, 2007
Heading to s. 11 ........................ am. No. 17, 2006
S. 11.......................................... am. No. 17, 2006; No. 117, 2008
S. 11A ....................................... ad. No. 5, 2001
S. 17.......................................... rep. No. 52, 1999
S. 19.......................................... am. No. 45, 2005
S. 22.......................................... am. No. 4, 1998
S. 23.......................................... am. No. 45, 1998; No. 55, 2001
Part 2 Division 2
S. 27.......................................... am. No. 55, 2001
Division 3
S. 30.......................................... am. No. 4, 1998
Part 3 Division 1
S. 41.......................................... am. No. 45, 2005
Division 2
S. 42.......................................... am. No. 5, 2001
S. 46.......................................... am. No. 161, 1999
S. 47.......................................... am. No. 96, 1997
S. 48.......................................... am. No. 197, 1999
Division 3
Ss. 52, 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
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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..........................................
S. 58..........................................
S. 58A .......................................
S. 59..........................................
S. 60..........................................
S. 61..........................................
S. 61A .......................................
S. 66..........................................
S. 67..........................................
S. 69..........................................
am. No. 52, 1999 am. No. 45, 2005 ad. No. 35, 2004 am. No. 45, 2005 rs. No. 35, 2004 am. No. 45, 2005; No. 177, 2007 am. No. 45, 2005 am. No. 119, 2005 ad. No. 119, 2005 rep. No. 142, 2000 am. No. 52, 1999 am. Nos. 45 and 119, 2005
Ss. 69A, 69B ............................. ad. No. 119, 2005
S. 70.......................................... am. Nos. 45 and 119, 2005 Ss. 71, 72 .................................. am. No. 45, 2005 Subhead. to s. 73(9).................. am. No. 8, 2005
S. 73..........................................
S. 73A .......................................
S. 74..........................................
Division 4
S. 77..........................................
S. 78.......................................... Ss. 79, 80 ..................................
S. 81..........................................
S. 81A .......................................
S. 82..........................................
S. 83..........................................
Division 5
S. 84..........................................
Part 4 Division 3
S. 91..........................................
S. 92..........................................
S. 93..........................................
Division 5
S. 99..........................................
am. Nos. 8 and 45, 2005 ad. No. 35, 2004 am. No. 45, 2005 am. No. 45, 2005
am. No. 45, 2005 am. No. 52, 1999; No. 45, 2005 am. No. 45, 2005 am. No. 52, 1999; No. 45, 2005 ad. No. 4, 1998 am. No. 52, 1999 am. No. 45, 2005 am. No. 52, 1999; No. 45, 2005
am. No. 45, 2005
am. No. 161, 1999 am. No. 96, 1997 am. No. 197, 1999
am. No. 45, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 102........................................ am. Nos. 45 and 119, 2005
S. 103........................................ am. No. 45, 2005
Part 5
S. 104........................................ am. No. 200, 1997; No. 45, 2005 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
S. 105A ..................................... ad. No. 200, 1997 am. No. 45, 2005
Part 6 Division 1
S. 106........................................ am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010
Division 2
Ss. 108A, 108B ......................... ad. No. 130, 2003
S. 109........................................ am. No. 130, 2003
S. 109A ..................................... ad. No. 130, 2003
S. 109B ..................................... ad. No. 89, 2006
S. 109C ..................................... ad. No. 46, 2010
S. 110........................................ am. No. 130, 2003; No. 45, 2005
S. 110A ..................................... ad. No. 130, 2003 am. No. 45, 2005
S. 110B ..................................... ad. No. 89, 2006
S. 110C ..................................... ad. No. 46, 2010
S. 111A ..................................... ad. No. 130, 2003
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; No. 46, 2010
S. 113........................................ am. No. 130, 2003; No. 89, 2006; Nos. 8 and 46, 2010
S. 115........................................ am. No. 130, 2003; No. 120, 2004
S. 116A ..................................... ad. No. 155, 2000
Division 4
S. 117........................................ am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010
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; No. 46, 2010
Note to s. 118(1) ....................... ad. No. 155, 2000 am. No. 45, 2005
Heading to s. 119 ...................... am. No. 130, 2003; No. 89, 2006; No. 46, 2010
S. 119........................................ am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 120........................................ am. No. 155, 2000; No. 45, 2005
Ss. 121, 122 .............................. am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89, 2006; No. 46, 2010
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 Heading to s. 124 ...................... am. No. 45, 2005
S. 124........................................ am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010 Heading to s. 125 ...................... am. No. 45, 2005
S. 125........................................ am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010
S. 125A ..................................... ad. No. 89, 2006
S. 125B ..................................... ad. No. 46, 2010 Ss. 126, 127 .............................. am. No. 45, 2005
S. 128........................................ am. No. 130, 2003; No. 89, 2006; No. 46, 2010 Ss. 129, 130 .............................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010 Note to s. 130(1) ....................... ad. No. 155, 2000 am. No. 45, 2005 Ss. 131, 132 .............................. am. No. 45, 2005
S. 133........................................ am. No. 45, 2005; No. 89, 2006; No. 46, 2010
S. 134........................................ am. No. 155, 2000; No. 45, 2005
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
Division 6A
Div. 6A of Part 6 ........................ ad. No. 117, 2005 Ss. 136A–136E ......................... ad. No. 117, 2005
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......................................... rep. No. 52, 1999
Ss. 140–142 .............................. rep. No. 52, 1999
S. 143........................................ rep. No. 4, 1998
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Ss. 144–182 .............................. 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 Part 7A ...................................... ad. No. 4, 1998 rep. No. 52, 1999 Ss. 221A–221I........................... ad. No. 4, 1998 rep. No. 52, 1999 Part 8......................................... 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
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 Ss. 275B–275E ......................... ad. No. 16, 2009
Division 2
S. 276........................................ am. No. 5, 2001 Note 1 to s. 276(3) .................... am. No. 177, 2007
S. 277........................................ am. No. 5, 2001 Note 1 to s. 277(3) .................... am. No. 177, 2007
S. 278........................................ am. No. 5, 2001 Note 1 to s. 278(3) .................... am. No. 177, 2007
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 3 Subdivision A
S. 280........................................ am. No. 86, 2006; No. 177, 2007
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
Heading to s. 284 ...................... am. No. 45, 2005
S. 284........................................ am. No. 45, 2005 Subhead. to s. 285(2)................ ad. No. 155, 2006
S. 285........................................ am. No. 155, 2006
S. 285A ..................................... ad. No. 16, 2009
S. 291........................................ am. No. 124, 2007
S. 291A ..................................... ad. No. 16, 2009 Heading to s. 294 ...................... rs. No. 177, 2007
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
Ss. 295A–295H ......................... ad. No. 155, 2006 Ss. 295J–295M ......................... ad. No. 155, 2006
Subdivision B
S. 295N ..................................... ad. No. 155, 2006 Ss. 295P, 295Q......................... ad. No. 155, 2006
Subdivision C
Ss. 295R–295T ......................... ad. No. 155, 2006
Subdivision D
S. 295U ..................................... ad. No. 155, 2006
Division 3B
Div. 3B of Part 13 ...................... ad. No. 16, 2009 Ss. 295V–295Z ......................... ad. No. 16, 2009 Ss. 295ZA–295ZE..................... ad. No. 16, 2009
Division 4
S. 298........................................ rep. No. 177, 2007 Heading to s. 299 ...................... am. No. 45, 2005
S. 299........................................ am. No. 45, 2005 Note to s. 299(3) ....................... am. No. 45, 2005
S. 299A ..................................... ad. No. 155, 2006
S. 302A ..................................... ad. No. 16, 2009
S. 303........................................ am. No. 5, 2001
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 303A ..................................... ad. No. 155, 2000
Division 4A
Div. 4A of Part 13 ...................... ad. No. 155, 2000 Ss. 303B, 303C ......................... ad. No. 155, 2000
Division 5
S. 305........................................ rs. No. 177, 2007 Heading to s. 306 ...................... am. No. 177, 2007
S. 306........................................ am. No. 5, 2001; No. 177, 2007; No. 16, 2009
S. 306A ..................................... ad. No. 177, 2007
S. 307........................................ am. No. 5, 2001; No. 177, 2007 Heading to s. 308 ...................... am. No. 45, 2005
S. 308........................................ am. No. 45, 2005; No. 177, 2007
S. 309........................................ am. No. 177, 2007
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
S. 314........................................ am. No. 200, 1997; No. 45, 2005; No. 177, 2007
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 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
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
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 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
Sk. 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
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 16 Division 2
S. 335........................................ am. No. 45, 2005
Division 3
Heading to s. 338 ...................... am. No. 45, 2005 Ss. 338, 339 .............................. am. No. 45, 2005 Ss. 341–343 .............................. am. No. 45, 2005
Division 4
S. 346A ..................................... ad. No. 46, 2001
Division 5
S. 347........................................ am. No. 146, 1999
Part 17
Ss. 348, 349 .............................. am. No. 140, 2002; No. 45, 2005 Note to s. 349(2) ....................... ad. No. 140, 2002
S. 350........................................ am. No. 200, 1997
S. 350A ..................................... ad. No. 140, 2002
S. 352........................................ am. No. 140, 2002; No. 45, 2005
S. 353........................................ am. No. 45, 2005
Part 18
Ss. 355, 356 .............................. am. No. 45, 2005
Part 19
S. 362........................................ am. No. 52, 1999
Part 20 Division 3
S. 367........................................ am. No. 45, 2005
S. 371........................................ am. No. 45, 2005
Part 21 Division 1
S. 373........................................ am. No. 45, 2005
Division 3
Heading to s. 376 ...................... am. No. 45, 2005
S. 376........................................ am. No. 45, 2005 Ss. 377, 378 .............................. am. No. 63, 2002; No. 45, 2005 Note to s. 378(1) ....................... am. No. 45, 2005
S. 379........................................ am. No. 45, 2005
Division 4
S. 380........................................ am. No. 45, 2005 Ss. 381, 382 .............................. am. No. 63, 2002; No. 35, 2004; No. 45, 2005
Division 5
Heading to s. 384 ...................... am. No. 45, 2005
S. 384........................................ am. No. 45, 2005 Ss. 385, 386 .............................. am. No. 63, 2002; No. 45, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 387........................................ am. No. 45, 2005
Division 6 Subdivision A
Ss. 390–394 .............................. am. No. 45, 2005
S. 395........................................ am. No. 52, 1999 Ss. 396–398 .............................. am. No. 45, 2005
S. 399........................................ rs. No. 5, 2001 Note to s. 399(1) Renumbered Note 1 .............. No. 108, 2003 Note 2 to s. 399(1) .................... ad. No. 108, 2003 Ss. 400–403 .............................. am. No. 45, 2005
Subdivision B
S. 404........................................ am. No. 45, 2005
S. 405........................................ am. No. 63, 2002; No. 45, 2005
Division 7
S. 406A ..................................... ad. No. 200, 1997 Ss. 407, 408 .............................. am. No. 200, 1997; No. 45, 2005 Ss. 409, 410 .............................. am. No. 45, 2005
S. 411........................................ am. No. 5, 2001 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
S. 413........................................ am. No. 200, 1997; No. 5, 2001 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 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 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 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 Note to s. 417(2) Renumbered Note 1.............. No. 108, 2003 Note 2 to s. 417(2) .................... ad. No. 108, 2003
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 9
S. 419........................................ am. No. 45, 2005
S. 420........................................ am. No. 5, 2001 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 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 Ss. 423–429 .............................. am. No. 45, 2005
S. 430........................................ am. No. 52, 1999 Ss. 432, 433 .............................. am. No. 45, 2005
S. 434........................................ rs. No. 5, 2001 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 Ss. 435–438 .............................. am. No. 45, 2005 Heading to s. 439...................... am. No. 45, 2005 Ss. 439–442 .............................. am. No. 45, 2005
Division 10
Ss. 446, 447 .............................. am. No. 45, 2005
Division 11
Ss. 450, 451 .............................. am. No. 45, 2005
S. 452........................................ am. No. 5, 2001
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
S. 457........................................ am. No. 45, 2005
S. 458........................................ am. No. 200, 1997; No. 45, 2005 Heading to s. 459...................... am. No. 45, 2005
S. 459........................................ am. No. 45, 2005
S. 460........................................ am. Nos. 45 and 119, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 461........................................ am. No. 45, 2005
Subdivision B
Ss. 463, 464 .............................. am. No. 45, 2005
Subdivision C
S. 465........................................ am. No. 45, 2005 Note to s. 465(1) ....................... am. No. 45, 2005 Ss. 466, 467 .............................. am. No. 45, 2005 Subhead. to s. 468(9)................ am. No. 8, 2005
S. 468........................................ am. Nos. 8 and 45, 2005
S. 469........................................ am. No. 45, 2005
Division 3
S. 474........................................ am. No. 152, 2000; No. 45, 2005 Heading to s. 475 ...................... am. No. 45, 2005 Ss. 475, 476 .............................. am. No. 152, 2000; No. 5, 2001; No. 45, 2005 Heading to s. 477 ...................... am. No. 45, 2005
S. 477........................................ am. No. 45, 2005
Part 23
S. 480........................................ am. No. 52, 1999
S. 480A ..................................... ad. No. 52, 1999 am. No. 45, 2005
Heading to s. 481 ...................... am. No. 45, 2005
S. 481........................................ am. No. 45, 2005
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 Ss. 486–491 .............................. am. No. 45, 2005
S. 492........................................ am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006 Ss. 493, 494 .............................. am. No. 5, 2001; No. 45, 2005
S. 495........................................ am. No. 45, 2005
Division 3
S. 502........................................ am. No. 52, 1999; No. 130, 2003; No. 89, 2006 Ss. 503, 504 .............................. am. No. 5, 2001
Part 26
S. 507........................................ am. No. 45, 2005
S. 508........................................ am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006 Heading to s. 509 ...................... am. No. 45, 2005
S. 509........................................ am. No. 45, 2005; No. 89, 2006; No. 46, 2010
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to s. 510 ...................... am. No. 45, 2005
S. 510........................................ am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006
S. 511........................................ am. No. 45, 2005 Ss. 512, 513 .............................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006 Ss. 514, 515 .............................. am. No. 45, 2005
S. 515A ..................................... ad. No. 89, 2006 am. No. 46, 2010
Ss. 516, 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
Heading to s. 521 ...................... am. No. 45, 2005
S. 521........................................ am. No. 5, 2001; No. 45, 2005 Heading to s. 522 ...................... am. No. 45, 2005
S. 522........................................ am. No. 5, 2001; No. 45, 2005
S. 523........................................ am. No. 45, 2005 Ss. 524, 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 Note to s. 529(4) ....................... am. No. 45, 2005
S. 531........................................ am. No. 5, 2001
Part 27A
Part 27A .................................... ad. No. 22, 2008
Division 1
Ss. 531A, 531B ......................... ad. No. 22, 2008
Ss. 531C, 531D......................... ad. No. 22, 2008 am. No. 8, 2010
S. 531E ..................................... ad. No. 22, 2008
Division 2
S. 531F...................................... ad. No. 22, 2008
Division 3
Ss. 531G, 531H......................... ad. No. 22, 2008 Ss. 531J–531N.......................... ad. No. 22, 2008
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Ss. 531P, 531Q......................... ad. No. 22, 2008
Part 28 Division 1
Heading to Div. 1 of Part 28 ......
S. 532........................................
S. 532A .....................................
Division 2
S. 533........................................
S. 534........................................
Division 3
Heading to Div. 3 of Part 28 ......
S. 535........................................
S. 537........................................
Division 4
Heading to Div. 4 of Part 28 ......
S. 541A ..................................... Heading to s. 542 ......................
S. 542........................................ Heading to s. 544 ......................
S. 544........................................
S. 545........................................
S. 546........................................
Division 5A
Div. 5A of Part 28 ...................... Ss. 547A–547H .........................
Division 5B
Div. 5B of Part 28 ......................
S. 547J ......................................
Division 6
S. 548........................................
S. 549........................................
S. 550........................................
Division 7
S. 551........................................
S. 552........................................
Division 8
S. 553........................................
Part 29
S. 554........................................
rs. No. 130, 2003 am. No. 130, 2003 ad. No. 130, 2003
am. No. 45, 2005 am. No. 5, 2001; No. 45, 2005
rs. No. 130, 2003 am. No. 5, 2001; No. 130, 2003 am. No. 130, 2003
rs. No. 130, 2003 ad. No. 130, 2003 am. No. 130, 2003 am. No. 5, 2001; No. 130, 2003 am. No. 130, 2003 am. No. 5, 2001; No. 130, 2003 am. No. 5, 2001 am. No. 52, 1999; No. 130, 2003; No. 45, 2005
ad. No. 130, 2003 ad. No. 130, 2003
ad. No. 130, 2003 ad. No. 130, 2003
am. No. 5, 2001 am. No. 5, 2001; No. 130, 2003 am. No. 130, 2003
am. No. 52, 1999; No. 5, 2001 am. No. 45, 2005
am. No. 52, 1999; No. 5, 2001
am. No. 45, 2005
Heading to s. 555 ...................... am. No. 45, 2005 Ss. 555–558 .............................. am. No. 45, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to s. 559 ...................... am. No. 45, 2005 Ss. 559, 560 .............................. am. No. 45, 2005
S. 562........................................ am. No. 45, 2005
Part 30
S. 563........................................ am. No. 52, 1999 Subead. to s. 564(3).................. am. No. 45, 2005
S. 564........................................ am. No. 52, 1999; No. 45, 2005 Note 4 to s. 564(3) .................... am. No. 52, 1999
Part 31
S. 570........................................ am. No. 52, 1999; No. 89, 2006
S. 571........................................ am. No. 45, 2005 Note 4 to s. 571(3) .................... am. No. 52, 1999
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
S. 572C ..................................... ad. No. 119, 2005
Part 32
S. 574........................................ am. No. 5, 2001
S. 574A ..................................... ad. No. 52, 1999 am. No. 130, 2003; No. 89, 2006
S. 576........................................ am. No. 5, 2001 Part 33....................................... rep. No. 5, 2001 Ss. 577, 578 .............................. am. No. 52, 1999
rep. No. 5, 2001
Part 34
Heading to Part 34 .................... rs. No. 35, 2004 am. No. 45, 2005
S. 579........................................ am. No. 45, 2005 Heading to s. 580 ...................... am. No. 45, 2005
S. 580........................................ am. No. 45, 2005
S. 581........................................ am. No. 35, 2004; No. 45, 2005
Part 35
S. 582........................................ am. No. 52, 1999; No. 130, 2003; No. 89, 2006
S. 583........................................ am. No. 52, 1999 Ss. 585, 586 .............................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006
S. 587........................................ am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006
S. 588........................................ am. No. 52, 1999
S. 589........................................ am. No. 140, 2002; No. 130, 2003; No. 89, 2006
S. 590........................................ am. No. 52, 1999 Ss. 591, 592 .............................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Schedule 1 Part 1
C. 1............................................ am. No. 52, 1999; No. 177, 2007 Part 2......................................... rep. No. 119, 2005 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 4
Cc. 21–24.................................. am. No. 140, 2002
C. 27A ....................................... ad. No. 52, 1999
C. 29A ....................................... ad. No. 52, 1999
Part 5
Cc. 33–35.................................. am. No. 45, 2005
Part 7
Part 7......................................... ad. No. 119, 2005
C. 44A ....................................... ad. No. 119, 2005 Cc. 45–47.................................. ad. No. 119, 2005
Part 8
Part 8......................................... ad. No. 119, 2005
Division 1
Cc. 48–50.................................. ad. No. 119, 2005 Cc. 50A–50C............................. ad. No. 119, 2005
Division 2
C. 51.......................................... ad. No. 119, 2005 am. No. 8, 2010
C. 52.......................................... ad. No. 119, 2005
C. 53.......................................... ad. No. 119, 2005 am. No. 8, 2010
Cc. 54–56.................................. ad. No. 119, 2005
C. 56A ....................................... ad. No. 119, 2005
Cc. 57, 58.................................. ad. No. 119, 2005 am. No. 8, 2010
Division 3
Cc. 59–65.................................. ad. No. 119, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
C. 66.......................................... ad. No. 119, 2005 am. No. 8, 2010
Schedule 2 Part 1
C. 1............................................ am. No. 52, 1999; No. 177, 2007
Part 5
C. 13.......................................... am. No. 52, 1999; No. 45, 2005
C. 14.......................................... am. No. 45, 2005
C. 15.......................................... am. No. 155, 2000; No. 45, 2005
Schedule 3 Part 1 Division 1
C. 2............................................ am. No. 92, 1999; No. 104, 2005
Division 2
C. 5............................................ am. No. 200, 1997
Division 3
C. 6............................................ am. No. 104, 2005
Division 5
C. 12.......................................... am. No. 45, 2005
C. 15.......................................... am. No. 104, 2005
C. 17.......................................... am. No. 200, 1997; No. 92, 1999 Cc. 18, 19.................................. am. No. 200, 1997
Division 6
Cc. 21–23.................................. 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
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 Cc. 33–35.................................. am. No. 45, 2005
Division 8
C. 40.......................................... rep. No. 114, 2003
C. 41.......................................... am. No. 45, 2005 Heading to c. 46 ........................ am. No. 45, 2005
C. 46.......................................... am. No. 52, 1999; No. 45, 2005 Heading to c. 48 ........................ am. No. 45, 2005
C. 48.......................................... am. No. 45, 2005 Cc. 50, 51.................................. am. No. 45, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to c. 55 ........................ am. No. 119, 1998
C. 55.......................................... am. No. 119, 1998; No. 92, 1999; No. 45, 2005
Part 2
Cc. 56–59.................................. rep. No. 45, 2005
Part 3
Part 3......................................... ad. No. 104, 2005 Cc. 62, 63.................................. ad. No. 104, 2005
Schedule 3A
Schedule 3A.............................. ad. No. 104, 2005
Part 1
Cc. 1, 2...................................... ad. No. 104, 2005 am. No. 104, 2005
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 Note to c. 4(2) ........................... am. No. 104, 2005 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
Cc. 6, 7...................................... ad. No. 104, 2005 am. No. 104, 2005
C. 8............................................ ad. No. 104, 2005
C. 9............................................ ad. No. 104, 2005 am. No. 104, 2005
Cc. 10, 11.................................. ad. No. 104, 2005
Cc. 12–14.................................. 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
C. 17.......................................... ad. No. 104, 2005 am. No. 104, 2005; No. 8, 2010
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Cc. 18, 19.................................. ad. No. 104, 2005 am. No. 104, 2005
Heading to c. 20 ........................ am. No. 104, 2005
Cc. 20–22.................................. 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
Cc. 26–28.................................. 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
C. 32.......................................... ad. No. 104, 2005 am. No. 104, 2005; No. 8, 2010
C. 33.......................................... ad. No. 104, 2005 am. No. 104, 2005
Heading to c. 34 ........................ am. No. 104, 2005
Cc. 34, 35.................................. ad. No. 104, 2005 am. No. 104, 2005
Division 4 Subdivision A
Cc. 36–39.................................. ad. No. 104, 2005
Subdivision B
Cc. 40–44.................................. ad. No. 104, 2005
Division 5
Cc. 45, 46.................................. ad. No. 104, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to c. 47 ........................ am. No. 104, 2005
Cc. 47–49.................................. ad. No. 104, 2005 am. No. 104, 2005
Part 3 Division 1
C. 50.......................................... ad. No. 104, 2005 am. No. 104, 2005
Division 2
Cc. 51–53.................................. ad. No. 104, 2005 am. No. 104, 2005
C. 54.......................................... ad. No. 104, 2005
Cc. 55–58.................................. ad. No. 104, 2005 am. No. 104, 2005
C. 59.......................................... ad. No. 104, 2005
Cc. 60–62.................................. ad. No. 104, 2005 am. No. 104, 2005
C. 63.......................................... ad. No. 104, 2005
Division 3
Cc. 64–66.................................. ad. No. 104, 2005 am. No. 104, 2005
C. 67.......................................... ad. No. 104, 2005 Cc. 68, 69.................................. ad. No. 104, 2005 am. No. 104, 2005 Heading to c. 70 ........................ am. No. 104, 2005
C. 70.......................................... ad. No. 104, 2005 am. No. 104, 2005
Heading to c. 71 ........................ am. No. 104, 2005
Cc. 71–73.................................. ad. No. 104, 2005 am. No. 104, 2005
C. 74.......................................... ad. No. 104, 2005
Cc. 75–77.................................. ad. No. 104, 2005 am. No. 104, 2005
Division 4
Cc. 78–80.................................. ad. No. 104, 2005
C. 81.......................................... ad. No. 104, 2005 am. No. 104, 2005
Cc. 82, 83.................................. ad. No. 104, 2005
Division 5
Cc. 84, 85.................................. ad. No. 104, 2005 Heading to c. 86 ........................ am. No. 104, 2005
C. 86.......................................... ad. No. 104, 2005 am. No. 104, 2005
Part 4
Cc. 87, 88.................................. ad. No. 104, 2005
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 5
C. 89.......................................... ad. No. 104, 2005 am. No. 104, 2005
Schedule 4
Heading to Schedule 4.............. am. No. 45, 2005
Part 1
Heading to Part 1 ...................... am. No. 45, 2005 Heading to c. 1 .......................... am. No. 45, 2005
C. 1............................................ am. No. 52, 1999; No. 142, 2000; No. 140, 2002; No. 35, 2004; No. 104, 2005; No. 155, 2006
Note 2
Note 2
Freedom of Information Amendment (Reform) Act 2010 (No. 51, 2010)
The following amendments commence immediately after 1 November 2010:
Schedule 5 59 Paragraphs 117(1)(j) and (k)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
60 Subsection 118(1) (note)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
61 Subsection 118(4A)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
62 Subsection 121(1A)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
63 Subsection 122(3)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
64 Subsection 130(1) (note)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
65 Subsections 134(2) and (3)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
Note: The heading to section 134 is altered by omitting “Privacy” and substituting “Information”.
66 Paragraph 295M(1)(a)
Omit “Privacy Commissioner” (first occurring), substitute “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”.
Note 2
67 Paragraph 295M(1)(a)
Omit “Privacy Commissioner” (last occurring), substitute “Information Commissioner”.
68 Section 295ZC
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
Note: The heading to section 295ZC is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”.
69 Subsection 309(1)
Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”.
Note: The heading to section 309 is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”.
70 After subsection 309(1)
Insert:
(1A) The function conferred on the Information Commissioner by subsection (1) is a privacy function for the purposes of the Australian Information Commissioner Act 2010.
71 Subsections 309(2) to (4)
Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”.
72 Subsection 309(5)
Repeal the subsection (including the note).
73 Paragraphs 515A(2)(a) and (b)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
Note: The heading to section 515A is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”.
74 Paragraphs 515A(3)(a) and (c)
Omit “Privacy Commissioner”, substitute “Information Commissioner”.
Note 2
75 Subsection 515A(4)
Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”.
As at 10 June 2010 the amendments are not incorporated in this compilation.
Table A
Table A
Application, saving or transitional provisions
Telecommunications Legislation Amendment Act 1997 (No. 200, 1997)
Schedule 1
11 Application
Except as provided for under section 332M:
only to the extent that those costs are incurred after the commencement of this item.
Schedule 2
9 Transitional provision—labelling requirements
(1) In this item:
ACA means the Australian Communications Authority.
section 407 instrument means an instrument made under
section 407 of the Telecommunications Act.
Telecommunications Act means the Telecommunications Act
1997.
transitional period means the period beginning when the first section 407 instrument came into force and ending immediately before the commencement of this item.
Table A
(2) For the purposes of the operation of the Telecommunications Act in relation to the transitional period, that Act, and any section 407 instrument in force during that period, have effect as if:
were also a reference to a person who, at any time during the transitional period, was authorised (whether because of actual or apparent authority) to act in Australia as an agent of a manufacturer or importer of customer equipment or customer cabling for the purposes of Division 7 of Part 21 of the Telecommunications Act.
Telecommunications Amendment Act 1998 (No. 4, 1998)
4 Application of nominated carrier amendments
The amendment made by item 4 of Schedule 1 applies to all nominated carriers, including those declared to be nominated carriers before the commencement of that item.
5 Transitional basis for calculating NRS levy
traffic minutes means minutes of timed traffic, as set out in the most recent assessment made before the start of the quarter under section 308 of the Telecommunications Act 1991.
Table A
Telecommunications Laws Amendment (Universal Service Cap) Act 1999
(No. 42, 1999)
Schedule 1
5 Transitional—section 591 of the Telecommunications Act 1997
Section 591 of the Telecommunications Act 1997 applies to this Act in a corresponding way to the way in which it applies to the Telecommunications Act 1997.
Telecommunications Legislation Amendment Act 1999 (No. 52, 1999)
Schedule 3
77 Transitional—eligible instruments
eligible instrument means regulations, a declaration, a
determination, a direction, a standard or any other instrument.
Table A
78 Transitional—acts or things done before commencement
eligible instrument means regulations, a declaration, a
determination, a direction, a standard or any other instrument.
79 Transitional—evidentiary certificates relating to the customer service guarantee
Despite the repeal of section 237 of the Telecommunications Act 1997 by this Schedule, that section continues to apply, in relation to contraventions that occurred before the commencement of this item, as if that repeal had not happened.
Note: For savings in relation to contraventions that occurred before the commencement of this item, see section 8 of the Acts Interpretation Act 1901.
80 Transitional—ACA’s annual report on monitoring of performance
Section 105 of the Telecommunications Act 1997 has effect, after the
commencement of this item, as if the reference in that section to Part 5
of the Telecommunications (Consumer Protection and Service
Standards) Act 1999 included a reference to repealed Part 9 of the
Telecommunications Act 1997.
Table A
81 Transitional—section 151CM of the Trade Practices Act 1974
Section 151CM of the Trade Practices Act 1974 has effect, after the
commencement of this item, as if the reference in that section to Part 9
of the Telecommunications (Consumer Protection and Service
Standards) Act 1999 included a reference to repealed Part 6 of the
Telstra Corporation Act 1991.
82 Transitional regulations
The Governor-General may make regulations in relation to transitional matters arising out of the amendments and repeals made by this Schedule.
Schedule 4
21 Transitional—eligible instruments
Table A
(3) If the eligible instrument is a declaration under subsection 150(1) or (2) of the Telecommunications Act 1997, the instrument has effect as if it had been made under the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 immediately before the commencement of this item.
(4) For the purposes of this item, it is to be assumed that section 20 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 had commenced immediately before the commencement of this item.
(5) In this item:
eligible instrument means regulations, a declaration, a
determination, a direction, a standard or any other instrument.
22 Transitional—acts or things done before commencement
eligible instrument means regulations, a declaration, a
determination, a direction, a standard or any other instrument.
Table A
23 Transitional—universal service regime
Despite the repeal of Part 7 of the Telecommunications Act 1997 by this Schedule, that Part continues to apply, after the commencement of this item, in relation to:
as if:
24 Transitional—first year for ACA’s annual report on NRS
Despite the repeal of section 221D of the Telecommunications Act 1997 by this Schedule, that section continues to apply, after the commencement of this item, in relation to the report for the 1998-99 financial year, as if that repeal had not happened.
25 Transitional—NRS Levy
Table A
26 Transitional—ACA’s annual report on monitoring of performance
Section 105 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 7 of the Telecommunications Act 1997.
27 Transitional—record-keeping rules
Section 529 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 7 of the Telecommunications Act 1997.
28 Transitional—section 151CM of the Trade Practices Act 1974
Section 151CM of the Trade Practices Act 1974 has effect, after the commencement of this item, as if the reference in that section to Division 5 of Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Division 5 of Part 7 of the Telecommunications Act 1997.
29 Transitional regulations
The Governor-General may make regulations in relation to transitional matters arising out of the amendments and repeals made by this Schedule.
Environmental Reform (Consequential Provisions) Act 1999 (No. 92, 1999)
Schedule 2
19 Application
The amendment of clause 27 of Schedule 3 to the Telecommunications Act 1997 made by this Part applies in relation to applications for facility installation permits made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
Table A
21 Application
The amendment of clause 55 of Schedule 3 to the Telecommunications Act 1997 made by this Part applies in relation to installation that a carrier proposes to commence after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
Schedule 6
6 Application
The amendment of clause 27 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule applies in relation to applications for facility installation permits made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
8 Application
The amendment of clause 55 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule applies in relation to installation that a carrier proposes to commence after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
Schedule 7
25 Application
The amendments of clause 17 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule apply to activities that carriers intend to start at least 10 business days after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
28 Application
The amendments of clause 27 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule apply in relation to applications for facility installation permits made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
31 Application
The amendments of clause 55 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule apply in relation to installation that a carrier proposes to commence after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.
Table A
Telecommunications (Consumer Protection and Service Standards) Amendment Act (No. 2) 2000 (No. 142, 2000)
Schedule 4
1 Meaning of former law
In this Schedule:
former law means the Telecommunications Act 1997 as in force immediately before the commencement of item 15 of Schedule 4 to the Telecommunications Legislation Amendment Act 1999.
2 Levy distribution for 1998-1999 financial year
Items 3 to 6 of this Schedule apply if section 215 of the former law prevents a payment being made out of the Universal Service Account for the 1998-1999 financial year because of either or both of the following:
Note: The operation of the former law for the 1998-1999 financial year is preserved by item 23 of Schedule 4 to the Telecommunications Legislation Amendment Act 1999.
3 Assessment based on estimate of eligible revenue
Table A
(4) However, if the ACA has made an assessment based on the estimate, the ACA is not required to change it if a return is later given to the ACA.
4 Nil assessments
The ACA may make an assessment under section 193 of the former law or item 3 of this Schedule that a participating carrier’s eligible revenue for the 1998-1999 financial year is nil if, in the ACA’s opinion, without such an assessment:
Note: However, the ACA could later amend a nil assessment under section 195 of the former law.
5 Distributions before all levies have been paid
Despite paragraph 215(b) of the former law, an amount is payable from the Universal Service Account for the 1998-1999 financial year even if all of the participating carriers in respect of which the levy was assessed have not yet paid the levy.
6 Working out how much levy is payable
Table A
Communications and the Arts Legislation Amendment (Application of Criminal Code) Act 2001 (No. 5, 2001)
4 Application of amendments
Communications and the Arts Legislation Amendment Act 2001 (No. 46, 2001)
5 Application provision—immunity of carriers and carriage service providers
The amendments of the Telecommunications Act 1997 made by Schedule 1 to this Act apply in relation to acts or omissions occurring after the commencement of this Act.
Table A
Telecommunications Competition Act 2002 (No. 140, 2002)
Schedule 1
6 Transitional—sections 349 and 350A of the
Telecommunications Act 1997
15C Transitional—subclause 5(1) of Schedule 1 to the
Telecommunications Act 1997
(1) This item applies if:
Table A
15D Transitional—subclause 5(6) of Schedule 1 to the
Telecommunications Act 1997
24 Transitional—clauses 21, 22 and 23 of Schedule 1 to the
Telecommunications Act 1997
Table A
Communications Legislation Amendment Act (No. 3) 2003 (No. 108, 2003)
Schedule 1
48 Application
The amendments made by this Part apply in relation to all offences (whether alleged to have been committed before or after this Part commences) in respect of which no penalty had yet been imposed as at the time of that commencement.
Spam (Consequential Amendments) Act 2003 (No. 130, 2003)
Schedule 1
40 Transitional—sections 121 and 122 of the
Telecommunications Act 1997
Sections 121 and 122 of the Telecommunications Act 1997 do not apply to a contravention of an industry code if:
41 Transitional—sections 128 and 129 of the
Telecommunications Act 1997
Sections 128 and 129 of the Telecommunications Act 1997 do not apply to a contravention of an industry standard if:
(i) the code deals with a matter referred to in paragraph 113(3)(q), (r), (s), (t), (u) or (v) of the Telecommunications Act 1997; or
Table A
(ii) the code relates to activities that consist of carrying on business as an electronic messaging service provider.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 (No. 119, 2005)
Schedule 1
2 Transitional—clauses 14 and 15 of Schedule 1 to the
Telecommunications Act 1997
(1) For the purposes of this item, a pre-commencement reporting period is:
(i) beginning at the start of the financial year in which this item commenced; and
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(ii) ending immediately before the commencement of this item.
(2) Despite the amendment made by item 1, clauses 14 and 15 of Schedule 1 to the Telecommunications Act 1997 continue to apply as if:
Schedule 2
3 Application of amendments
The amendments made by this Schedule do not apply to conduct that occurred before the commencement of this item.
Schedule 3
4 Application of amendments
The amendments made by this Schedule do not apply in relation to a variation of a numbering plan if a notice relating to the variation was published under paragraph 460(3)(c) of the Telecommunications Act 1997 before the commencement of this item.
Telecommunications Amendment (Integrated Public Number Database) Act 2006 (No. 155, 2006)
Schedule 1
12 Transitional
(1) This item applies if:
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(2) During the exemption period, the person is taken, in relation to any disclosure to the person:
to hold an authorisation in force under the integrated public number database scheme permitting the person to use and disclose the information or document.
(3) If:
then, until the ACMA makes a decision on the application, the person is taken, in relation to any disclosure to the person:
to hold an authorisation in force under that scheme permitting the person to use and disclose the information or document.
(4) In this item:
exemption period means the period of 28 days beginning on the day on which this item commences.
integrated public number database scheme means the scheme in force under section 295A of the Telecommunications Act 1997.
Telecommunications (Interception and Access) Amendment Act 2007
(No. 177, 2007)
Schedule 1
57 Definitions
In this Part:
ACMA means the Australian Communications and Media Authority.
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TIA Act means the Telecommunications (Interception and Access) Act
1979.
58 Transitional—certificates of the Organisation
If:
then the certificate has effect after that commencement as if it were an authorisation in force under subsection 175(2) of the TIA Act that authorised the disclosure of information or documents of a kind covered by the certificate that came into existence before that commencement.
59 Transitional—certificates of enforcement agencies
Enforcement of the criminal law
(1) If:
then the certificate has effect after that commencement as if it were an authorisation in force under subsection 178(2) of the TIA Act that authorised the disclosure of information or documents of a kind covered by the certificate that came into existence before that commencement.
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Enforcement of a law imposing a pecuniary penalty or protection of the public revenue
(2) If:
then the certificate has effect after that commencement as if it were an authorisation in force under subsection 179(2) of the TIA Act that authorised the disclosure of information or documents of a kind covered by the certificate that came into existence before that commencement.
Part 4-2 of the TIA Act does not apply
(3) Part 4-2 of the TIA Act does not apply to an authorisation referred to in this item.
60 Saving—secondary disclosure/use offences
Despite the repeal of section 298 of the Telecommunications Act 1997 made by this Act, that section continues to apply after the commencement of this item in relation to disclosures made before or after that commencement as if that repeal had not been made.
61 Saving—record keeping
(4) or (5) of the Telecommunications Act 1997.
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(3) For the purposes of section 306 of the Telecommunications Act 1997, if a disclosure is made because of an authorisation referred to in item 59 of this Part, paragraph 306(5)(d) of the Telecommunications Act 1997 applies as if:
62 Transitional—applications for carrier licences
If:
sections 53A and 56A of that Act apply after that commencement as if a reference to the Communications Access Co-ordinator included a reference to the agency co-ordinator (within the meaning of that Act immediately before that commencement).
63 Transitional—delivery points
Note: Subsections 188(8) to (10) of the TIA Act set out the process for changing delivery points determined by the ACMA.
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(3) If:
then:
64 Transitional—exemptions from interception capability
Agency co-ordinator exemptions
(1) An exemption in force under subsection 326(1) of the Telecommunications Act 1997 immediately before the commencement of this item in relation to a carriage service has effect after that commencement as if it were an exemption in force under subsection 192(1) of the TIA Act in relation to the equivalent kind of telecommunications service.
Table A
(2) If:
then:
ACMA exemptions
(3) An exemption in force under subsection 327(1) of the Telecommunications Act 1997 immediately before the commencement of this item in relation to a carriage service has effect after that commencement as if it were an exemption in force under subsection 193(1) of the TIA Act in relation to the equivalent kind of telecommunications service.
65 Transitional—nominated carriage service providers
A declaration in force under subsection 331(3) of the Telecommunications Act 1997 immediately before the commencement of this item has effect after that commencement as if it were a declaration in force under subsection 197(4) of the TIA Act.
66 Transitional—IC plans
(a) before the commencement of this item, an IC plan was lodged under Division 3 of Part 15 of the Telecommunications Act 1997; and
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(b) immediately before the commencement of this item, the procedures set out in section 332C of that Act for dealing with that plan had not ended;
then:
(3) For the purposes of paragraph (2)(d), a thing:
is taken to have already occurred under section 198 of the TIA Act in relation to the plan.
67 Section 8 of the Acts Interpretation Act 1901
This Part does not limit the operation of section 8 of the Acts Interpretation Act 1901 in relation to the amendments or repeals made by this Schedule.
68 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.