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Telecommunications Act 1997
No. 47, 1997
Compilation No. 92
Compilation date: 2 March 2019
Includes amendments up to: Act No. 6, 2019
Registered: 12 March 2019
This compilation is in 2 volumes
Volume 1: sections 1–594
Volume 2: Schedules
Endnotes
Each volume has its own contents
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Telecommunications Act 1997 that shows the text of
the law as amended and in force on 2 March 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Contents
Schedule 1—Standard carrier licence conditions 1
Part 1—Compliance with this Act 1 1 Compliance with this Act ..................................................................1
Part 3—Access to supplementary facilities 2 16 Simplified outline ..............................................................................2
17 Access to supplementary facilities.....................................................2
18 Terms and conditions of access .........................................................4
19 Ministerial pricing determinations.....................................................5
Part 4—Access to network information 7 20 Simplified outline ..............................................................................7
21 Access to network information ..........................................................7
22 Access to information in databases....................................................8
23 Access to network planning information ...........................................8
24 Access to information about likely changes to network
facilities—completion success rate of calls .......................................9
25 Access to quality of service information etc. ...................................10
26 Security procedures .........................................................................11
27 Terms and conditions of compliance ...............................................11
27A Code relating to access to information ............................................12
28 Ministerial pricing determinations...................................................12
29 Consultation about reconfiguration etc. ...........................................13
29A Code relating to consultation ...........................................................14
Part 5—Access to telecommunications transmission towers and
to underground facilities 15 30 Simplified outline ............................................................................15
31 Definitions.......................................................................................15
32 Extended meaning of access............................................................16
33 Access to telecommunications transmission towers ........................16
34 Access to sites of telecommunications transmission towers ............18
35 Access to eligible underground facilities .........................................21
36 Terms and conditions of access .......................................................23
37 Code relating to access ....................................................................25
38 Industry co-operation about sharing of sites and eligible
underground facilities ......................................................................25
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39 This Part does not limit Part 3 of this Schedule...............................25
Part 6—Inspection of facilities etc. 40 Simplified outline ............................................................................26
41 Records relating to underground facilities .......................................26
42 Regular inspection of facilities ........................................................27
43 Prompt investigation of dangerous facilities....................................27
44 Remedial action...............................................................................28
Part 7—Any-to-any connectivity 29 44A Simplified outline ............................................................................29
45 Definitions.......................................................................................29
46 Carriers must obtain designated interconnection services
from carriage service providers for the purpose of ensuring
any-to-any connectivity ...................................................................30
47 Designated interconnection services................................................31
Part 9—Functional separation of Telstra 33
Division 1—Introduction 33
68 Simplified outline ............................................................................33
69 Definitions.......................................................................................33
70 Declared network services...............................................................34
71 Regulated services ...........................................................................35
72 Notional contracts............................................................................35
Division 2—Functional separation undertaking 36
73 Contents of draft or final functional separation undertaking ...........36
74 Functional separation principles ......................................................37
75 Functional separation requirements determination ..........................38
76 Draft functional separation undertaking to be given to
Minister ...........................................................................................43
77 Approval of draft functional separation undertaking by
Minister ...........................................................................................46
78 Time limit for making an approval decision....................................48
79 Effect of approval ............................................................................48
80 Variation of final functional separation undertaking .......................49
81 Publication of final functional separation undertaking ....................51
82 Compliance with final functional separation undertaking ...............51
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Part 10—Control and use by Telstra of certain spectrum
licences 52
Division 1—Introduction 52
83 Simplified outline ............................................................................52
Division 2—Control and use by Telstra of certain spectrum
licences 53
84 Control by Telstra of certain spectrum licences...............................53
85 Use by Telstra of certain spectrum licences ....................................54
Division 3—Other provisions 56
86 Associate .........................................................................................56
87 Control.............................................................................................57
88 When Telstra is in a position to exercise control of a
spectrum licence ..............................................................................57
Schedule 2—Standard service provider rules 59
Part 1—Compliance with this Act 59 1 Compliance with this Act ................................................................59
Part 2—Operator services 60 2 Simplified outline ............................................................................60
3 Scope of Part ...................................................................................60
4 Operator services must be provided to end-users of a
standard telephone service...............................................................60
5 Access to end-users of other carriage service providers ..................60
Part 3—Directory assistance services 62 6 Simplified outline ............................................................................62
7 Directory assistance services must be provided to end-users...........62
8 Access by end-users of other carriage service providers .................62
Part 4—Integrated public number database 64 9 Simplified outline ............................................................................64
10 Carriage service providers must give information to Telstra ...........64
11 Carriage service providers must give information to another
person or association .......................................................................65
Part 5—Itemised billing 66 12 Simplified outline ............................................................................66
13 Itemised billing................................................................................66
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14 Exemptions from itemised billing requirements ..............................68
15 Details that are not to be specified in an itemised bill .....................68
Part 6—Priority assistance 16 Simplified outline ............................................................................69
17 Priority assistance industry code .....................................................69
18 Compliance with the priority assistance industry code....................70
19 Information for prospective residential customers of a
carriage service provider who does not offer priority
assistance .........................................................................................70
20 Requirements for Telstra .................................................................71
Schedule 3—Carriers’ powers and immunities 72
Part 1—General provisions 72
Division 1—Simplified outline and definitions 72
1 Simplified outline ............................................................................72
2 Definitions.......................................................................................74
3 Designated overhead line.................................................................78
4 Extension to a tower to be treated as the installation of a
facility..............................................................................................78
Division 2—Inspection of land 79
5 Inspection of land ............................................................................79
Division 3—Installation of facilities 81
6 Installation of facilities ....................................................................81
Division 4—Maintenance of facilities 86
7 Maintenance of facilities .................................................................86
Division 5—Conditions relating to the carrying out of authorised
activities 90
8 Carrier to do as little damage as practicable ....................................90
8A Carrier to remove temporary facilities.............................................90
8B Low-impact facility installed at or near a venue—annual
limit .................................................................................................91
8C Low-impact facility installed to provide additional capacity
during a high-demand holiday period—annual limit .......................91
9 Carrier to restore land—general ......................................................92
9A Carrier to restore land—removal of temporary facilities .................92
10 Management of activities.................................................................93
11 Agreements with public utilities ......................................................94
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12 Compliance with industry standards................................................94
13 Compliance with international agreements......................................94
14 Conditions specified in the regulations............................................95
15 Conditions specified in a Ministerial Code of Practice....................95
16 Conditions to which a facility installation permit is subject ............95
17 Notice to owner of land—general....................................................96
18 Notice to owner of land—lopping of trees etc. ................................98
19 Notice to roads authorities, utilities etc............................................99
20 Roads etc. to remain open for passage...........................................100
Division 6—Facility installation permits 101
21 Application for facility installation permit ....................................101
22 Form of application .......................................................................101
23 Application to be accompanied by charge .....................................101
24 Withdrawal of application .............................................................101
25 Issue of facility installation permit ................................................101
26 Deemed refusal of facility installation permit................................102
27 Criteria for issue of facility installation permit ..............................103
28 Special provisions relating to environmental matters ....................110
29 Consultation with the ACCC.........................................................111
30 Facility installation permit has effect subject to this Act ...............111
31 Duration of facility installation permit ..........................................111
32 Conditions of facility installation permit .......................................112
33 Surrender of facility installation permit .........................................112
34 Cancellation of facility installation permit ....................................112
35 Review of decisions by Administrative Appeals Tribunal.............113
Division 7—Exemptions from State and Territory laws 114
36 Activities not generally exempt from State and Territory
laws ...............................................................................................114
37 Exemption from State and Territory laws......................................114
38 Concurrent operation of State and Territory laws..........................115
39 Liability to taxation not affected....................................................115
Division 8—Miscellaneous 116
41 Guidelines......................................................................................116
42 Compensation................................................................................116
43 Power extends to carrier’s employees etc. .....................................117
44 State and Territory laws that discriminate against carriers
and users of carriage services ........................................................117
45 State and Territory laws may confer powers and immunities
on carriers......................................................................................119
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46 ACMA may limit tort liability in relation to the supply of
certain carriage services.................................................................119
47 Ownership of facilities...................................................................120
48 ACMA may inform the public about designated overhead
lines, telecommunications transmission towers and
underground facilities ....................................................................120
50 Monitoring of progress in relation to placing facilities
underground...................................................................................122
51 Removal of certain overhead lines.................................................122
52 Commonwealth laws not displaced ...............................................125
53 Subdivider to pay for necessary alterations ...................................125
54 Service of notices ..........................................................................125
Part 2—Transitional provisions 127 60 Existing buildings, structures and facilities—application of
State and Territory laws.................................................................127
61 Existing buildings, structures and facilities—application of
the common law ............................................................................127
Part 3—Compensation for acquisition of property 128 62 Compensation for acquisition of property .....................................128
63 Application of this Part..................................................................129
Schedule 3A—Protection of submarine cables 130
Part 1—Preliminary 130 1 Simplified outline ..........................................................................130
2 Definitions.....................................................................................130
2A Extension to offshore areas............................................................136
2B Submarine cable installed in a protection zone..............................136
Part 2—Protection zones 137
Division 1—Simplified outline 137
3 Simplified outline ..........................................................................137
Division 2—Declaration of protection zones 138
Subdivision A—Declarations 138
4 ACMA may declare a protection zone ..........................................138
5 Declaration on ACMA’s initiative or in response to request .........138
6 Response to a request to declare a protection zone........................138
7 Decision not to declare a requested protection zone or to
declare a different protection zone.................................................139
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8 Location of submarine cable to be specified in declaration ...........140
9 Area of a protection zone...............................................................140
10 Prohibited activities .......................................................................141
11 Restricted activities .......................................................................143
12 Conditions .....................................................................................144
13 When a declaration takes effect .....................................................144
14 Duration of declaration..................................................................144
Subdivision B—Prerequisites to declaration of a protection zone 145
15 ACMA to develop a proposal for a protection zone ......................145
16 ACMA to refer proposal to advisory committee ...........................145
17 ACMA to publish proposal etc. .....................................................146
17A ACMA to publish summary of proposal........................................146
18 Cable must be a submarine cable of national significance.............147
19 Consultation with Environment Secretary .....................................147
20 Matters the ACMA must have regard to........................................148
21 Environment and heritage considerations......................................148
22 Deadline for final decision about protection zone .........................149
Division 3—Varying or revoking a declaration of a protection
zone 151
Subdivision A—Variation or revocation 151
23 ACMA may vary or revoke a declaration of a protection
zone ...............................................................................................151
24 Variation or revocation on ACMA’s initiative or in response
to request .......................................................................................151
25 ACMA to notify affected carrier of request to vary or revoke
a declaration ..................................................................................151
26 Response to a request to vary or revoke a declaration ...................152
27 Decision not to vary or revoke a declaration after a request to
do so ..............................................................................................152
28 When a variation or revocation takes effect...................................153
29 Protection zone as varied must not exceed permitted area.............153
Subdivision B—Prerequisites to variation or revocation of
declaration 153
30 ACMA to develop a variation or revocation proposal ...................153
31 ACMA to refer proposal to advisory committee ...........................153
32 ACMA to publish proposal etc. .....................................................154
32A ACMA to publish summary of proposal........................................154
33 Consultation with Environment Secretary .....................................156
34 Matters the ACMA must have regard to........................................156
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35 Deadline for final decision about varying or revoking a
protection zone ..............................................................................156
Division 4—Offences in relation to a protection zone 157
Subdivision A—Damaging a submarine cable 157
36 Damaging a submarine cable.........................................................157
37 Negligently damaging a submarine cable ......................................157
38 Defence to offences of damaging a submarine cable .....................157
39 Master or owner of ship used in offence of damaging a
submarine cable .............................................................................158
Subdivision B—Engaging in prohibited or restricted activities 158
40 Engaging in prohibited or restricted activities ...............................158
41 Aggravated offence of engaging in prohibited or restricted
activities ........................................................................................159
42 Defences to offences of engaging in prohibited or restricted
activities ........................................................................................160
43 Alternative verdict if aggravated offence not proven.....................160
44 Master or owner of ship used in offence of engaging in
prohibited or restricted activities ...................................................160
Subdivision C—Foreign nationals and foreign ships 161
44A Foreign nationals and foreign ships ...............................................161
Division 5—Miscellaneous 163
45 Person may claim damages............................................................163
46 Indemnity for loss of anchor etc. ...................................................164
47 ACMA to notify relevant authorities of declaration, variation
etc. of protection zone ...................................................................164
48 Notice if carrier decommissions a submarine cable.......................165
49 Composition of advisory committee..............................................165
Part 3—Permits to install submarine cables 167
Division 1—Simplified outline 167
50 Simplified outline ..........................................................................167
Division 2—Protection zone installation permits 169
51 Application for a protection zone installation permit ....................169
52 Form of application etc..................................................................169
53 Application to be accompanied by charge .....................................170
54 Withdrawal of application .............................................................170
54A Notification of change of circumstances........................................170
55 Further information .......................................................................171
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55A Consultation...................................................................................171
56 Grant or refusal of permit ..............................................................173
57 Matters to which the ACMA must have regard in making a
decision about a permit..................................................................174
57A Refusal of permit—security...........................................................174
58 Timing of decision on application .................................................175
58A Conditions of permit......................................................................177
59 Duration of permit .........................................................................178
60 Surrender of permit........................................................................178
61 Extension of permit .......................................................................178
62 Suspension or cancellation of permit .............................................178
63 Exemption from State and Territory laws......................................179
Division 3—Non-protection zone installation permits 181
64 Application for a permit to install an international submarine
cable in Australian waters (otherwise than in a protection
zone or coastal waters) ..................................................................181
65 Form of application etc..................................................................181
66 Application to be accompanied by charge .....................................182
67 Withdrawal of application .............................................................182
67A Notification of change of circumstances........................................182
68 Further information .......................................................................182
69 Grant or refusal of permit ..............................................................183
70 Consultation...................................................................................183
71 Matters to which the ACMA must have regard in making a
decision about a permit..................................................................185
72A Refusal of permit—security...........................................................185
73 Timing of decision on application .................................................186
73A Conditions of permit......................................................................188
74 Duration of permit .........................................................................189
75 Surrender of permit........................................................................189
76 Extension of permit .......................................................................189
77 Suspension or cancellation of permit .............................................189
Division 4—Conditions applicable to the installation of
submarine cables 191
78 Application of this Division ..........................................................191
79 Installation to do as little damage as practicable............................191
80 Management of installation activities ............................................191
81 Compliance with industry standards..............................................192
82 Compliance with international agreements....................................192
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83 Conditions specified in the regulations..........................................192
83A Attorney-General’s consent required for certain enforcement
proceedings....................................................................................192
Division 5—Offences in relation to installation of submarine
cables 194
84 Installing an international submarine cable without a permit ........194
84A Installing a domestic submarine cable without a permit ................194
85 Breaching conditions of a permit...................................................195
86 Failing to comply with ACMA direction to remove an
unlawfully installed international submarine cable........................196
86A Failing to comply with ACMA direction to remove an
unlawfully installed domestic submarine cable .............................196
Part 4—Compensation 198 87 Compensation................................................................................198
88 Compensation for acquisition of property .....................................198
Part 5—Miscellaneous 200 89 Delegation by the Secretary of the Attorney-General’s
Department ....................................................................................200
90 Delegation by the Home Affairs Secretary ....................................200
Schedule 4—Reviewable decisions of the ACMA 201
Part 1—Decisions that may be subject to reconsideration by the
ACMA 201 1 Reviewable decisions of the ACMA .............................................201
Part 2—Decisions to which section 556 does not apply 205 2 Decisions to which section 556 does not apply .............................205
Endnotes 206
Endnote 1—About the endnotes 206
Endnote 2—Abbreviation key 208
Endnote 3—Legislation history 209
Endnote 4—Amendment history 224
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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
(1) A carrier must comply with this Act.
(2) In this clause:
this Act includes the Telecommunications (Consumer Protection
and Service Standards) Act 1999 and regulations under that Act
and Chapter 5 of the Telecommunications (Interception and
Access) Act 1979.
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Schedule 1 Standard carrier licence conditions
Part 3 Access to supplementary facilities
Clause 16
Part 3—Access to supplementary facilities
16 Simplified outline
The following is a simplified outline of this Part:
• Carriers must provide other carriers with access to facilities
for the purpose of enabling the other carriers to:
(a) provide competitive facilities and competitive
carriage services; or
(b) establish their own facilities.
17 Access to supplementary facilities
(1) A carrier (the first carrier) must, if requested to do so by another
carrier (the second carrier) give the second carrier access to
facilities owned or operated by the first carrier.
(2) The first carrier is not required to comply with subclause (1)
unless:
(a) the access is provided for the sole purpose of enabling the
second carrier:
(i) to provide competitive facilities and competitive
carriage services; or
(ii) to establish its own facilities; and
(b) the second carrier’s request is reasonable; and
(c) the second carrier gives the first carrier reasonable notice that
the second carrier requires the access; and
(d) in a case where the facilities do not consist of customer
cabling or customer equipment—the facilities:
(i) were in place on 30 June 1991; or
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Standard carrier licence conditions Schedule 1
Access to supplementary facilities Part 3
Clause 17
(ii) were not in place on 30 June 1991, and were not
obtained after that date by the first carrier solely by
means of commercial negotiation.
(2A) Subclause (1) does not impose an obligation to the extent (if any)
to which the imposition of the obligation would have any of the
following effects:
(a) depriving any person of a right under a contract that was in
force at the time the request was made;
(b) preventing Telstra from complying with an undertaking in
force under section 577A, 577C or 577E;
(c) if a final migration plan is in force—requiring Telstra to
engage in conduct in connection with matters covered by the
final migration plan.
(2B) If, at the time the request was made:
(a) one or more provisions (the contingent provisions) of a
contract have not come into force because:
(i) the contingent provisions are subject to a condition
precedent; and
(ii) the condition precedent has not been satisfied; and
(b) there is a possibility that the condition precedent could
become satisfied; and
(c) assuming that the condition precedent had been satisfied:
(i) the contingent provisions would come into force; and
(ii) the person would have a right under the contingent
provisions;
paragraph (2A)(a) has effect, in relation to the contract, as if, at the
time the request was made:
(d) the contract was in force; and
(e) the person had the right under the contract.
(3) For the purposes of this clause, in determining whether the second
carrier’s request is reasonable, regard must be had to the question
whether compliance with the request will promote the long-term
interests of end-users of carriage services or of services supplied by
means of carriage services. That question is to be determined in the
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Schedule 1 Standard carrier licence conditions
Part 3 Access to supplementary facilities
Clause 18
same manner as it is determined for the purposes of Part XIC of the
Competition and Consumer Act 2010.
(4) Subclause (3) is intended to limit the matters to which regard may
be had.
(4A) For the purposes of subclause (1), if:
(a) there is an agreement in force between Telstra and an NBN
corporation; and
(b) the agreement relates to the NBN corporation’s access to
facilities owned or operated by Telstra; and
(c) apart from this clause, the agreement would result in the
NBN corporation being the operator of the facilities;
the NBN corporation is taken not to be the operator of the
facilities.
(5) A reference in this clause to a facility is a reference to:
(a) a facility as defined by section 7; or
(b) land on which a facility mentioned in paragraph (a) is
located; or
(c) a building or structure on land referred to in paragraph (b); or
(d) customer equipment, or customer cabling, connected to a
telecommunications network owned or operated by a carrier.
(6) In this clause:
NBN corporation has the same meaning as in section 577BA.
18 Terms and conditions of access
(1) The first carrier (within the meaning of clause 17) must comply
with subclause 17(1) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the first carrier;
(ii) the second carrier (within the meaning of that clause);
or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
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Access to supplementary facilities Part 3
Clause 19
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
(2) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(3) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(4) Subclause (3) does not, by implication, limit subclause (2).
(5) A determination made in an arbitration under this clause must not
be inconsistent with a Ministerial pricing determination in force
under clause 19.
(6) An arbitrator must not make a determination under this clause if
the determination would have the effect of:
(a) preventing Telstra from complying with an undertaking in
force under section 577A, 577C or 577E; or
(b) if a final migration plan is in force—requiring Telstra to
engage in conduct in connection with matters covered by the
final migration plan.
(7) If:
(a) an agreement mentioned in paragraph (1)(a) is in force; and
(b) the agreement is in writing;
a determination under this clause has no effect to the extent to
which it is inconsistent with the agreement.
19 Ministerial pricing determinations
(1) The Minister may, by legislative instrument, make a determination
setting out principles dealing with price-related terms and
conditions relating to the obligations imposed by subclause 17(1).
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Part 3 Access to supplementary facilities
Clause 19
The determination is to be known as a Ministerial pricing
determination.
(3) In this clause:
price-related terms and conditions means terms and conditions
relating to price or a method of ascertaining price.
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Standard carrier licence conditions Schedule 1
Access to network information Part 4
Clause 20
Part 4—Access to network information
20 Simplified outline
The following is a simplified outline of this Part:
• Carriers must provide other carriers with access to certain
information relating to the operation of telecommunications
networks.
21 Access to network information
(1) This clause applies to a carrier (the first carrier) if the first carrier
supplies carriage services to another carrier (the second carrier).
(2) The first carrier must, if requested to do so by the second carrier,
provide the second carrier with reasonable access to:
(a) timely and detailed information from the first carrier’s
operations support systems; and
(b) timely and detailed traffic flow information.
(3) The first carrier is not required to comply with subclause (2)
unless:
(a) a purpose of the access is to enable the second carrier to
undertake planning, maintenance or reconfiguration of the
second carrier’s telecommunications network; and
(b) the second carrier’s request is reasonable.
(4) If information is requested by the second carrier under
subclause (2), the first carrier must make the information available
to the second carrier as soon as practicable after the request is
made.
(5) Clauses 22, 23, 24, 25 and 29 do not, by implication, limit this
clause.
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Schedule 1 Standard carrier licence conditions
Part 4 Access to network information
Clause 22
22 Access to information in databases
(1) This clause applies to a carrier (the first carrier) if the first carrier
supplies carriage services to another carrier (the second carrier).
(2) The first carrier must, if requested to do so by the second carrier,
provide the second carrier with reasonable access to timely and
detailed information that:
(a) is contained in the first carrier’s databases; and
(b) relates to the manner in which the first carrier’s
telecommunications network treats calls of a particular kind.
(3) The first carrier is not required to comply with subclause (2)
unless:
(a) a purpose of the access is to enable the second carrier to
undertake planning, maintenance or reconfiguration of the
second carrier’s telecommunications network; and
(b) the second carrier’s request is reasonable.
(4) If information is requested by the second carrier under
subclause (2), the first carrier must make the information available
to the second carrier as soon as practicable after the request is
made.
23 Access to network planning information
(1) This clause applies to a carrier (the first carrier) if the first carrier
supplies carriage services to another carrier (the second carrier).
(2) The first carrier must, if requested to do so by the second carrier,
provide the second carrier with timely and detailed
telecommunications network planning information.
(3) The information is to include (but is not limited to) information
relating to the following:
(a) the volume or characteristics of traffic being offered by the
first carrier to a telecommunications network of the second
carrier;
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(b) the telecommunications network performance standards (if
any) that have been set by the first carrier.
(4) The first carrier is not required to comply with subclause (2)
unless:
(a) a purpose of the provision of the information is to enable the
second carrier to undertake planning for its own
telecommunications network; and
(b) the second carrier’s request is reasonable.
(5) If information is requested by the second carrier under
subclause (2), the first carrier must make the information available
to the second carrier as soon as practicable after the request is
made.
24 Access to information about likely changes to network facilities—
completion success rate of calls
(1) This clause applies to a carrier (the first carrier) if the first carrier
supplies carriage services to another carrier (the second carrier).
(2) The first carrier must, if requested to do so by the second carrier,
provide the second carrier with timely and detailed information
that:
(a) relates to likely changes to facilities on a telecommunications
network of the first carrier; and
(b) will affect the completion success rate of calls offered by the
second carrier.
(3) The first carrier is not required to comply with subclause (2)
unless:
(a) a purpose of the provision of the information is to enable the
second carrier to undertake planning for its own
telecommunications network; and
(b) the second carrier’s request is reasonable.
(4) If information is requested by the second carrier under
subclause (2), the first carrier must make the information available
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to the second carrier as soon as practicable after the request is
made.
25 Access to quality of service information etc.
(1) This clause applies to a carrier (the first carrier) if the first carrier
supplies carriage services to another carrier (the second carrier).
(2) The first carrier must, if requested to do so by the second carrier,
provide the second carrier with timely and detailed information
relating to:
(a) conditions affecting the quality of service experienced by
customers of the second carrier; and
(b) localisation of telecommunications network conditions
affecting traffic offered by the second carrier to the first
carrier’s telecommunications network; and
(c) routing information allowing the second carrier to determine
in which telecommunications network calls have failed; and
(d) identification of switching or other equipment or facilities in
each of the first carrier’s telecommunications networks which
contribute to a level of uncompleted calls, affecting the
second carrier’s offered traffic, beyond the threshold agreed
by the first carrier and the second carrier and consistent with
terms used in the relevant ITU(T) Recommendations; and
(e) periodic summaries, in relation to the second carrier’s traffic,
of unsuccessful call ratios across the first carrier’s
telecommunications network, categorised by cause of call
failure and including separate identification of
telecommunications network difficulties and congestion; and
(f) telecommunications network control actions taken by the
first carrier which would affect the completion success rate of
calls offered to the first carrier by the second carrier; and
(g) such other matters (if any) as are specified in the regulations.
(3) The first carrier is not required to comply with subclause (2) unless
the second carrier’s request is reasonable.
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(4) If information is requested by the second carrier under
subclause (2), the first carrier must make the information available
to the second carrier as soon as practicable after the request is
made.
(5) In this clause:
ITU(T) Recommendations means the E500, E600 and E700 series
of recommendations dealing with quality of service,
telecommunications network management and traffic engineering
promulgated by the International Telecommunication Union, being
recommendations in force on:
(a) 1 July 1997; or
(b) such later date (if any) as is specified in the regulations.
26 Security procedures
(1) A carrier (the first carrier) is not required to give another carrier
(the second carrier) information, or access to information, under
clause 21, 22, 23, 24 or 25 unless the second carrier has in place
security procedures:
(a) agreed between the first carrier and the second carrier; or
(b) failing agreement—determined in writing by the ACCC.
(2) For the purposes of subclause (1), security procedures are
procedures designed to protect the confidentiality of information.
27 Terms and conditions of compliance
(1) The first carrier (within the meaning of clause 21, 22, 23, 24 or 25)
must comply with a requirement imposed on the first carrier by
that clause on such terms and conditions as are:
(a) agreed between the following parties:
(i) the first carrier;
(ii) the second carrier (within the meaning of that clause);
or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
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If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
(2) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(3) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(4) Subclause (3) does not, by implication, limit subclause (2).
(5) A determination made in an arbitration under this clause must not
be inconsistent with a Ministerial pricing determination in force
under clause 28.
27A Code relating to access to information
(1) The ACCC may, by legislative instrument, make a Code setting out
conditions that are to be complied with in relation to the provision
of information, or access to information, under clause 21, 22, 23,
24 or 25.
(2) A carrier must comply with the Code.
(3) This clause does not, by implication, limit a power conferred by or
under this Act to make an instrument.
(4) This clause does not, by implication, limit the matters that may be
dealt with by codes or standards referred to in Part 6.
(5) Subclauses (3) and (4) do not, by implication, limit
subsection 33(3B) of the Acts Interpretation Act 1901.
28 Ministerial pricing determinations
(1) The Minister may, by legislative instrument, make a determination
setting out principles dealing with price-related terms and
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conditions relating to an obligation imposed by clause 21, 22, 23,
24 or 25. The determination is to be known as a Ministerial
pricing determination.
(3) In this clause:
price-related terms and conditions means terms and conditions
relating to price or a method of ascertaining price.
29 Consultation about reconfiguration etc.
(1) This clause applies to a carrier (the first carrier) if the first carrier
supplies carriage services to another carrier (the second carrier).
(2) The first carrier must, if requested to do so by the second carrier,
consult with the second carrier before modifying or reconfiguring
the first carrier’s telecommunications network.
(3) The first carrier is not required to comply with subclause (2) unless
the modification or reconfiguration has a bearing on the second
carrier’s:
(a) telecommunications network planning activities; or
(b) telecommunications network maintenance activities; or
(c) telecommunications network reconfiguration activities.
(4) The first carrier must comply with the requirement set out in
subclause (2) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the first carrier;
(ii) the second carrier; or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
(5) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
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(6) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(7) Subclause (6) does not, by implication, limit subclause (5).
29A Code relating to consultation
(1) The ACCC may, by legislative instrument, make a Code setting out
conditions that are to be complied with in relation to consultations
under clause 29.
(2) The Code may specify the manner and form in which a
consultation is to occur.
(3) Subclause (2) does not, by implication, limit subclause (1).
(4) A carrier must comply with the Code.
(5) This clause does not, by implication, limit a power conferred by or
under this Act to make an instrument.
(6) This clause does not, by implication, limit the matters that may be
dealt with by codes or standards referred to in Part 6.
(7) Subclauses (5) and (6) do not, by implication, limit
subsection 33(3B) of the Acts Interpretation Act 1901.
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Part 5—Access to telecommunications transmission
towers and to underground facilities
30 Simplified outline
The following is a simplified outline of this Part:
• Carriers must provide other carriers with access to:
(a) telecommunications transmission towers; and
(b) the sites of telecommunications transmission
towers; and
(c) underground facilities that are designed to hold
lines.
31 Definitions
In this Part:
eligible underground facility means an underground facility that is
used, installed ready to be used, or intended to be used, to hold
lines.
NBN corporation has the same meaning as in section 577BA.
site means:
(a) land; or
(b) a building on land; or
(c) a structure on land.
telecommunications transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
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(d) a similar structure;
used to supply a carriage service by means of
radiocommunications.
32 Extended meaning of access
(1) For the purposes of this Part, giving access to a tower includes
replacing the tower with another tower located on the same site and
giving access to the replacement tower.
(2) For the purposes of this Part, giving access to a site on which is
situated a tower includes replacing the tower with another tower
located on the site.
33 Access to telecommunications transmission towers
(1) A carrier (the first carrier) must, if requested to do so by another
carrier (the second carrier), give the second carrier access to a
telecommunications transmission tower owned or operated by the
first carrier.
(2) The first carrier is not required to comply with subclause (1)
unless:
(a) the access is provided for the sole purpose of enabling the
second carrier to install a facility used, or for use, in
connection with the supply of a carriage service by means of
radiocommunications; and
(b) the second carrier gives the first carrier reasonable notice that
the second carrier requires the access.
(3) The first carrier is not required to comply with subclause (1) in
relation to a particular telecommunications transmission tower if
there is in force a written certificate issued by the ACCC stating
that, in the ACCC’s opinion, compliance with subclause (1) in
relation to that tower is not technically feasible.
(4) In determining whether compliance with subclause (1) in relation
to a tower is technically feasible, the ACCC must have regard to:
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(a) whether compliance is likely to result in significant
difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat
to the health or safety of persons who operate, or work on,
the tower; and
(c) if compliance is likely to have a result referred to in
paragraph (a) or (b)—whether there are practicable means of
avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a
facility situated on the tower; and
(ii) making alterations to the tower; and
(d) such other matters (if any) as the ACCC considers relevant.
(4A) Before issuing a certificate under subclause (3), the ACCC may
consult the ACMA.
(5) If the ACCC receives a request to make a decision about the issue
of a certificate under subclause (3), the ACCC must use its best
endeavours to make that decision within 10 business days after the
request was made.
(6) Subclause (1) does not impose an obligation to the extent (if any)
to which the imposition of the obligation would have any of the
following effects:
(a) depriving any person of a right under a contract that was in
force at the time the request was made;
(b) preventing Telstra from complying with an undertaking in
force under section 577A, 577C or 577E;
(c) if a final migration plan is in force—requiring Telstra to
engage in conduct in connection with matters covered by the
final migration plan.
(7) If, at the time the request was made:
(a) one or more provisions (the contingent provisions) of a
contract have not come into force because:
(i) the contingent provisions are subject to a condition
precedent; and
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(ii) the condition precedent has not been satisfied; and
(b) there is a possibility that the condition precedent could
become satisfied; and
(c) assuming that the condition precedent had been satisfied:
(i) the contingent provisions would come into force; and
(ii) the person would have a right under the contingent
provisions;
paragraph (6)(a) has effect, in relation to the contract, as if, at the
time the request was made:
(d) the contract was in force; and
(e) the person had the right under the contract.
(8) For the purposes of subclause (1), if:
(a) there is an agreement in force between Telstra and an NBN
corporation; and
(b) the agreement relates to the NBN corporation’s access to a
telecommunications transmission tower owned or operated
by Telstra; and
(c) apart from this clause, the agreement would result in the
NBN corporation being the operator of the
telecommunications transmission tower;
the NBN corporation is taken not to be the operator of the
telecommunications transmission tower.
34 Access to sites of telecommunications transmission towers
(1) A carrier (the first carrier) must, if requested to do so by another
carrier (the second carrier), give the second carrier access to a site
if:
(a) either:
(i) the site is owned, occupied or controlled by the first
carrier; or
(ii) the first carrier has a right (whether conditional or
unconditional) to use the site; and
(b) there is situated on the site a telecommunications
transmission tower owned or operated by the first carrier.
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(2) The first carrier is not required to comply with subclause (1)
unless:
(a) the access is provided for the sole purpose of enabling the
second carrier to install a facility used, or for use, in
connection with the supply of a carriage service by means of
radiocommunications; and
(b) the second carrier gives the first carrier reasonable notice that
the second carrier requires the access.
(3) The first carrier is not required to comply with subclause (1) in
relation to a particular site if there is in force a written certificate
issued by the ACCC stating that, in the ACCC’s opinion,
compliance with subclause (1) in relation to that site is not
technically feasible.
(4) In determining whether compliance with subclause (1) in relation
to a site is technically feasible, the ACCC must have regard to:
(a) whether compliance is likely to result in significant
difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat
to the health or safety of persons who operate, or work on, a
facility situated on the site; and
(c) if compliance is likely to have a result referred to in
paragraph (a) or (b)—whether there are practicable means of
avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a
facility situated on the site; and
(ii) making alterations to a facility situated on the site; and
(d) such other matters (if any) as the ACCC considers relevant.
(4A) Before issuing a certificate under subclause (3), the ACCC may
consult the ACMA.
(5) If the ACCC receives a request to make a decision about the issue
of a certificate under subclause (3), the ACCC must use its best
endeavours to make that decision within 10 business days after the
request was made.
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(6) Subclause (1) does not impose an obligation to the extent (if any)
to which the imposition of the obligation would have any of the
following effects:
(a) depriving any person of a right under a contract that was in
force at the time the request was made;
(b) preventing Telstra from complying with an undertaking in
force under section 577A, 577C or 577E;
(c) if a final migration plan is in force—requiring Telstra to
engage in conduct in connection with matters covered by the
final migration plan.
(7) If, at the time the request was made:
(a) one or more provisions (the contingent provisions) of a
contract have not come into force because:
(i) the contingent provisions are subject to a condition
precedent; and
(ii) the condition precedent has not been satisfied; and
(b) there is a possibility that the condition precedent could
become satisfied; and
(c) assuming that the condition precedent had been satisfied:
(i) the contingent provisions would come into force; and
(ii) the person would have a right under the contingent
provisions;
paragraph (6)(a) has effect, in relation to the contract, as if, at the
time the request was made:
(d) the contract was in force; and
(e) the person had the right under the contract.
(8) For the purposes of subclause (1), if:
(a) there is an agreement in force between Telstra and an NBN
corporation; and
(b) the agreement relates to the NBN corporation’s access to the
site of a telecommunications transmission tower, where:
(i) the site is owned, operated or controlled by Telstra; or
(ii) Telstra has a right (whether conditional or
unconditional) to use the site; and
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(c) apart from this clause, the agreement would result in the
NBN corporation:
(i) being the occupier or controller of the site; or
(ii) having a right (whether conditional or unconditional) to
use the site;
the NBN corporation is taken:
(d) not to be the occupier or controller of the site; and
(e) not to have a right (whether conditional or unconditional) to
use the site.
35 Access to eligible underground facilities
(1) A carrier (the first carrier) must, if requested to do so by another
carrier (the second carrier), give the second carrier access to an
eligible underground facility owned or operated by the first carrier.
(2) The first carrier is not required to comply with subclause (1)
unless:
(a) the access is provided for the sole purpose of enabling the
second carrier to install a line used, or for use, in connection
with the supply of a carriage service; and
(b) the second carrier gives the first carrier reasonable notice that
the second carrier requires the access.
(3) The first carrier is not required to comply with subclause (1) in
relation to a particular eligible underground facility if there is in
force a written certificate issued by the ACCC stating that, in the
ACCC’s opinion, compliance with subclause (1) in relation to that
facility is not technically feasible.
(4) In determining whether compliance with subclause (1) in relation
to an eligible underground facility is technically feasible, the
ACCC must have regard to:
(a) whether compliance is likely to result in significant
difficulties of a technical or engineering nature; and
(b) whether compliance is likely to result in a significant threat
to the health or safety of persons who operate, or work on,
the eligible underground facility; and
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(c) if compliance is likely to have a result referred to in
paragraph (a) or (b)—whether there are practicable means of
avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of
the eligible underground facility; and
(ii) making alterations to the eligible underground facility;
and
(d) such other matters (if any) as the ACCC considers relevant.
(4A) Before issuing a certificate under subclause (3), the ACCC may
consult the ACMA.
(5) If the ACCC receives a request to make a decision about the issue
of a certificate under subclause (3), the ACCC must use its best
endeavours to make that decision within 10 business days after the
request was made.
(6) Subclause (1) does not impose an obligation to the extent (if any)
to which the imposition of the obligation would have any of the
following effects:
(a) depriving any person of a right under a contract that was in
force at the time the request was made;
(b) preventing Telstra from complying with an undertaking in
force under section 577A, 577C or 577E;
(c) if a final migration plan is in force—requiring Telstra to
engage in conduct in connection with matters covered by the
final migration plan.
(7) If, at the time the request was made:
(a) one or more provisions (the contingent provisions) of a
contract have not come into force because:
(i) the contingent provisions are subject to a condition
precedent; and
(ii) the condition precedent has not been satisfied; and
(b) there is a possibility that the condition precedent could
become satisfied; and
(c) assuming that the condition precedent had been satisfied:
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(i) the contingent provisions would come into force; and
(ii) the person would have a right under the contingent
provisions;
paragraph (6)(a) has effect, in relation to the contract, as if, at the
time the request was made:
(d) the contract was in force; and
(e) the person had the right under the contract.
(8) For the purposes of subclause (1), if:
(a) there is an agreement in force between Telstra and an NBN
corporation; and
(b) the agreement relates to the NBN corporation’s access to an
eligible underground facility owned or operated by Telstra;
and
(c) apart from this clause, the agreement would result in the
NBN corporation being the operator of the eligible
underground facility;
the NBN corporation is taken not to be the operator of the eligible
underground facility.
36 Terms and conditions of access
(1) The first carrier (within the meaning of clause 33) must comply
with subclause 33(1) on such terms and conditions as are:
(a) agreed between the following parties:
(i) the first carrier;
(ii) the second carrier (within the meaning of that clause);
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.
(2) The first carrier (within the meaning of clause 34) must comply
with subclause 34(1) on such terms and conditions as are:
(a) agreed between the following parties:
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(i) the first carrier;
(ii) the second carrier (within the meaning of that clause);
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:
(a) agreed between the following parties:
(i) the first carrier;
(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.
(4) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(5) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(6) Subclause (5) does not, by implication, limit subclause (4).
(7) An arbitrator must not make a determination under this clause if
the determination would have the effect of:
(a) preventing Telstra from complying with an undertaking in
force under section 577A, 577C or 577E; or
(b) if a final migration plan is in force—requiring Telstra to
engage in conduct in connection with matters covered by the
final migration plan.
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(8) If:
(a) an agreement mentioned in paragraph (1)(a), (2)(a) or (3)(a)
is in force; and
(b) the agreement is in writing;
a determination under this clause has no effect to the extent to
which it is inconsistent with the agreement.
37 Code relating to access
(1) The ACCC may, by legislative instrument, make a Code setting out
conditions that are to be complied with in relation to the provision
of access under this Part.
(2) A carrier must comply with the Code.
(3) This clause does not, by implication, limit a power conferred by or
under this Act to make an instrument.
(4) This clause does not, by implication, limit the matters that may be
dealt with by codes or standards referred to in Part 6.
(5) Subclauses (3) and (4) do not, by implication, limit
subsection 33(3B) of the Acts Interpretation Act 1901.
38 Industry co-operation about sharing of sites and eligible
underground facilities
A carrier, in planning the provision of future carriage services,
must co-operate with other carriers to share sites and eligible
underground facilities.
39 This Part does not limit Part 3 of this Schedule
This Part does not, by implication, limit Part 3 of this Schedule.
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Part 6—Inspection of facilities etc.
40 Simplified outline
The following is a simplified outline of this Part:
• Carriers must keep records about their designated overhead
lines, telecommunications transmission towers and
underground facilities.
• Carriers must inspect their facilities regularly.
• Carriers must investigate their facilities if there are reasonable
grounds to suspect that the facilities are likely to endanger:
(a) the health or safety of persons; or
(b) property.
• Carriers must take any remedial action that is reasonably
required following such an inspection or investigation.
41 Records relating to underground facilities
(1) If a carrier owns or operates designated overhead lines, the carrier
must keep and maintain records of the kind and location of those
lines.
(2) If a carrier owns or operates telecommunications transmission
towers, the carrier must keep and maintain records of the kind and
location of those towers.
(3) If a carrier owns or operates underground facilities, the carrier
must keep and maintain records of:
(a) the kind and location of those facilities; and
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(b) if any of those facilities is an eligible underground facility—
the capacity of that facility to hold further lines.
(4) A carrier must not, in purported compliance with subclause (1), (2)
or (3), make a record of any matter or thing in such a way that it
does not correctly record the matter or thing.
(5) In this clause:
designated overhead line has the same meaning as in Schedule 3.
eligible underground facility means an underground facility that is
used, installed ready to be used, or intended to be used, to hold
lines.
telecommunications transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar structure;
used to supply a carriage service by means of
radiocommunications.
42 Regular inspection of facilities
(1) If a facility is owned or operated by a carrier, the carrier must
inspect that facility regularly.
(2) In determining the regularity of inspections required by
subclause (1), regard must be had to good engineering practice.
43 Prompt investigation of dangerous facilities
If:
(a) a facility is owned or operated by a carrier; and
(b) the carrier has reasonable grounds to suspect that the
condition of the facility is likely to endanger:
(i) the health or safety of persons; or
(ii) property;
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the carrier must investigate promptly the condition of the facility.
44 Remedial action
(1) A carrier must take any remedial action that is reasonably required
following an inspection under clause 42.
(2) A carrier must take any remedial action that is reasonably required
following an investigation under clause 43.
(3) A carrier must comply with subclause (1) or (2) as soon as
practicable after the carrier becomes aware of the need to take the
remedial action concerned.
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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 means:
(a) an active declared service within the meaning of
section 152AR of the Competition and Consumer Act 2010;
or
(b) a declared service (within the meaning of
subsection 152AL(8A) of the Competition and Consumer Act
2010) that an NBN corporation supplies (whether to itself or
to other persons); or
(c) a declared service within the meaning of
subsection 152AL(8D) or (8E) of the Competition and
Consumer Act 2010.
Note: Subsections 152AL(8A), (8D) and (8E) of the Competition and
Consumer Act 2010 deal with services supplied by an NBN
corporation.
designated interconnection service has the meaning given by
clause 47.
eligible service has the same meaning as in section 152AL of the
Competition and Consumer Act 2010.
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46 Carriers must obtain designated interconnection services from
carriage service providers for the purpose of ensuring
any-to-any connectivity
(1) If:
(a) a carrier owns, or supplies a carriage service over, a
telecommunications network (the carrier’s
telecommunications network); and
(b) a carriage service provider supplies a carriage service over a
telecommunications network (the carriage service provider’s
telecommunications network); and
(c) any of the following subparagraphs applies:
(i) the carriage service provider’s telecommunications
network is interconnected with the carrier’s
telecommunications network;
(ii) the carriage service provider’s telecommunications
network is to be interconnected with the carrier’s
telecommunications network;
(iii) the carriage service provider is seeking to have the
carriage service provider’s telecommunications network
interconnected with the carrier’s telecommunications
network; and
(d) the carriage service provider requests the carrier to obtain
from the carriage service provider a designated
interconnection service for the purpose of ensuring that each
end-user who is:
(i) connected to the carrier’s telecommunications network;
and
(ii) supplied with a carriage service that involves
communication between end-users;
is able to communicate, by means of that carriage service,
with an end-user who is connected to the carriage service
provider’s telecommunications network;
the carrier must obtain the designated interconnection service from
the carriage service provider.
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(2) The designated interconnection service is to be obtained on such
terms and conditions as are:
(a) agreed between the carrier and the carriage service provider;
or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
47 Designated interconnection services
(1) The Minister may, by written instrument, declare that a specified
eligible service is a designated interconnection service for the
purposes of this Part.
(2) A declaration under subclause (1) has effect accordingly.
(3) Before making a declaration under subclause (1) in relation to a
service that is not an active declared service, the Minister must, by
writing, request the ACCC to give a written report about whether
the proposed declaration would promote the achievement of the
objective of any-to-any connectivity (as defined by
subsection 152AB(8) of the Competition and Consumer Act 2010).
(4) The ACCC must give the report to the Minister within 30 days
after receiving the request.
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(5) In deciding whether to make the declaration, the Minister must
have regard to:
(a) the ACCC’s report; and
(b) such other matters (if any) as the Minister considers relevant.
(6) A declaration under subclause (1) is a legislative instrument.
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Introduction Division 1
Clause 68
Part 9—Functional separation of Telstra
Division 1—Introduction
68 Simplified outline
The following is a simplified outline of this Part:
• Telstra must prepare a draft functional separation undertaking.
• A final functional separation undertaking is a draft functional separation undertaking that has been approved by
the Minister.
• Telstra must comply with a final functional separation undertaking.
• However, Telstra is not required to prepare a draft functional separation undertaking if an undertaking about structural
separation is in force under section 577A.
69 Definitions
In this Part:
business unit means a part of Telstra.
declared network service has the meaning given by clause 70.
eligible service has the same meaning as in section 152AL of the
Competition and Consumer Act 2010.
equivalence means:
(a) equivalence in relation to terms and conditions relating to
price or a method of ascertaining price; and
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(b) equivalence in relation to other terms and conditions.
functional includes organisational.
functional separation principles means the principles set out in
clause 74.
functional separation requirements determination means a
determination under clause 75.
quarter means a period of 3 months beginning on 1 January,
1 April, 1 July or 1 October.
regulated service has the meaning given by clause 71.
retail business unit means a business unit by which Telstra deals
with its retail customers.
supply, in relation to a service, includes supply by Telstra of the
service to itself.
wholesale/network business unit means the business unit of
Telstra:
(a) that supplies the following:
(i) fault detection, handling and rectification;
(ii) service activation and provisioning;
(iii) declared network services;
to Telstra’s retail business units, and Telstra’s wholesale
customers, in relation to eligible services; and
(b) by which Telstra deals with its wholesale customers.
70 Declared network services
For the purposes of this Part, a declared network service is a
service specified in a legislative instrument made by the Minister
for the purposes of this clause.
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71 Regulated services
(1) For the purposes of this Part, a regulated service is a declared
service within the meaning of Part XIC of the Competition and
Consumer Act 2010.
(2) Subclause (1) has effect subject to subclause (3).
(3) The Minister may, by legislative instrument, determine that a
specified service is not a regulated service for the purposes of this
Part.
(4) The Minister may, by legislative instrument, determine that a
specified eligible service is a regulated service for the purposes of
this Part.
72 Notional contracts
For the purposes of this Part:
(a) a notional contract (however described) between any of
Telstra’s business units is to be treated as if it were an actual
contract; and
(b) any terms and conditions (whether or not relating to price or
a method of ascertaining price) in such a notional contract are
to be treated as if they were actual terms and conditions.
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Clause 73
Division 2—Functional separation undertaking
73 Contents of draft or final functional separation undertaking
(1) A draft or final functional separation undertaking must:
(a) comply with the functional separation principles; and
(b) contain provisions requiring Telstra to establish and maintain
a committee to be known as the Oversight and Equivalence
Board; and
(c) contain provisions requiring Telstra to require the Oversight
and Equivalence Board:
(i) within a specified period after the end of each quarter
during which a final functional separation undertaking
is in force, to prepare a report about the extent (if any)
to which Telstra complied with the undertaking during
that quarter; and
(ii) to give a copy of the report to the ACCC and to
Telstra’s board of directors; and
(d) comply with such requirements (if any) as are specified in a
functional separation requirements determination.
Note 1: For the functional separation principles, see clause 74.
Note 2: For the functional separation requirements determination, see
clause 75.
(2) For the purposes of subparagraph (1)(c)(i), if a final functional
separation undertaking is in force throughout a part, but not the
whole, of a particular quarter, that part is taken to be a quarter in its
own right.
(3) If a final functional separation undertaking provides for the ACCC
to perform functions or exercise powers in relation to the
undertaking, the ACCC may perform those functions, and exercise
those powers, in accordance with the undertaking.
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74 Functional separation principles
(1) The functional separation principles are as follows:
(a) the principle that there should be equivalence in relation to
the supply by Telstra of regulated services to:
(i) Telstra’s wholesale customers; and
(ii) Telstra’s retail business units;
(b) the principle that Telstra should maintain:
(i) one or more retail business units; and
(ii) a wholesale/network business unit;
(c) the principle that Telstra should maintain arm’s length
functional separation between:
(i) its wholesale/network business unit; and
(ii) its retail business units;
(d) the principle that Telstra should have systems, procedures
and practices that relate to:
(i) compliance with a final functional separation
undertaking; and
(ii) monitoring of, and reporting on, compliance with a final
functional separation undertaking; and
(iii) the development of performance measures relating to
compliance with a final functional separation
undertaking; and
(iv) independent audit, and other checks, of compliance with
a final functional separation undertaking;
(e) the principle that Telstra’s wholesale/network business unit
should not consult Telstra’s retail business units about:
(i) proposed services to be supplied by Telstra’s
wholesale/network business unit; or
(ii) proposed developments in connection with services
supplied by Telstra’s wholesale/network business unit;
unless Telstra’s wholesale/network business unit also
consults Telstra’s wholesale customers at the same time and
in the same manner.
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(2) In determining the principle of equivalence covered by
paragraph (1)(a), regard must be had to whether:
(a) the terms and conditions relating to price or a method of
ascertaining price; and
(b) other terms and conditions;
on which Telstra supplies regulated services to its wholesale
customers are no less favourable than the terms and conditions on
which Telstra supplies those services to its retail business units.
(3) Subclause (2) does not limit the matters to which regard may be
had.
(4) To avoid doubt, this clause does not affect the meaning of anything
in Part 33.
75 Functional separation requirements determination
(1) The Minister may make a written determination (a functional
separation requirements determination) specifying requirements
to be complied with by a draft or final functional separation
undertaking.
(2) A functional separation requirements determination may deal with
the manner in which the functional separation principles are to be
implemented.
(3) A functional separation requirements determination may deal with
the manner in which a requirement set out in paragraph 73(1)(b) or
(c) is to be met.
Note: Clause 73 deals with the contents of a draft or final functional
separation undertaking.
(4) Subclauses (2) and (3) do not limit subclause (1).
(4A) Before making or varying a functional separation requirements
determination, the Minister must:
(a) cause to be published on the Department’s website a notice:
(i) setting out the determination or variation; and
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(ii) inviting persons to make submissions to the Minister
about the determination or variation within 14 days after
the notice is published; and
(b) give the ACCC a copy of the notice; and
(c) consider any submissions received within the 14-day period
mentioned in paragraph (a); and
(d) ask the ACCC to give advice to the Minister, within 28 days
after the publication of the notice, about the determination or
variation; and
(e) have regard to any advice given by the ACCC.
(4B) Subclause (4A) does not, by implication, prevent the Minister from
asking the ACCC to give the Minister additional advice about a
matter arising under this clause.
(5) The Minister must ensure that a functional separation requirements
determination comes into force within 90 days after the
commencement of this clause.
(5A) Subclause (5) does not apply if, before the end of the period
applicable under subclause (5):
(a) the following conditions are satisfied:
(i) an undertaking given by Telstra is in force under
section 577A;
(ii) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(iii) in accordance with the undertaking, Telstra has given
the ACCC a draft migration plan;
(iv) the ACCC has approved the draft migration plan under
section 577BD, 577BDA, 577BDB or 577BDC; or
(b) both:
(i) an undertaking given by Telstra is in force under
section 577A; and
(ii) the undertaking does not require Telstra to give the
ACCC a draft migration plan.
Note: Section 577A deals with undertakings about structural separation.
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(5B) The Minister may, by writing, extend or further extend the 90-day
period referred to in subclause (5) so long as the extension, or the
total of the extensions, does not exceed 18 months.
(5C) The Minister must not make an instrument under subclause (5B)
unless:
(a) Telstra satisfies the Minister that Telstra is preparing an
undertaking under section 577A; or
(b) both:
(i) Telstra has given the ACCC an undertaking under
section 577A; and
(ii) the ACCC has not decided whether to accept the
undertaking; or
(c) the following conditions are satisfied:
(i) Telstra has given the ACCC an undertaking under
section 577A;
(ii) the ACCC has decided to accept the undertaking;
(iii) that decision is expressed to be subject to the occurrence
of one or more specified events within a specified
period;
(iv) the undertaking is not in force;
(v) that period has not ended; or
(d) the following conditions are satisfied:
(i) an undertaking given by Telstra is in force under
section 577A;
(ii) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(iii) Telstra satisfies the Minister that Telstra is preparing a
draft migration plan to be given to the ACCC in
accordance with the undertaking; or
(e) the following conditions are satisfied:
(i) an undertaking given by Telstra is in force under
section 577A;
(ii) the undertaking requires Telstra to give the ACCC a
draft migration plan;
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(iii) Telstra has given the ACCC a draft migration plan in
accordance with the undertaking;
(iv) the ACCC has not decided whether to approve the draft
migration plan under section 577BD, 577BDA,
577BDB or 577BDC.
Note: Section 577A deals with undertakings about structural separation.
(5D) The Minister must cause a copy of an instrument under
subclause (5B) to be tabled in each House of the Parliament within
15 sitting days of that House after making the instrument.
(5E) If:
(a) before the end of the period applicable under subclause (5),
the ACCC accepts an undertaking given by Telstra under
section 577A; and
(b) the decision to accept the undertaking is expressed to be
subject to the occurrence of one of more specified events
within a specified period (the post-acceptance period) after
the undertaking is accepted; and
(c) the post-acceptance period ends after the end of the period
applicable under subclause (5); and
(d) the undertaking does not come into force before the end of
the post-acceptance period;
then:
(e) subclause (5) does not apply; and
(f) the Minister must ensure that a functional separation
requirements determination comes into force within 90 days
after the end of the post-acceptance period.
Note: Section 577A deals with undertakings about structural separation.
(5EA) If:
(a) before the end of the period applicable under subclause (5),
the ACCC accepts an undertaking given by Telstra under
section 577A; and
(b) the decision to accept the undertaking is expressed to be
subject to the occurrence of one of more specified events
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within a specified period (the post-acceptance period) after
the undertaking is accepted; and
(c) the post-acceptance period ends after the end of the period
applicable under subclause (5); and
(d) the undertaking comes into force before the end of the
post-acceptance period; and
(e) the undertaking requires Telstra to give the ACCC a draft
migration plan; and
(f) a final migration plan does not come into force before the
end of the post-acceptance period;
then:
(g) subclause (5) does not apply; and
(h) the Minister must ensure that a functional separation
requirements determination comes into force within 90 days
after the end of the post-acceptance period.
Note: Section 577A deals with undertakings about structural separation.
(5EB) Subclause (5) does not apply if:
(a) before the end of the period applicable under subclause (5),
the ACCC accepts an undertaking given by Telstra under
section 577A; and
(b) the decision to accept the undertaking is expressed to be
subject to the occurrence of one of more specified events
within a specified period (the post-acceptance period) after
the undertaking is accepted; and
(c) the post-acceptance period ends after the end of the period
applicable under subclause (5); and
(d) the undertaking comes into force before the end of the
post-acceptance period; and
(e) the undertaking does not require Telstra to give the ACCC a
draft migration plan.
Note: Section 577A deals with undertakings about structural separation.
(5EC) Subclause (5) does not apply if:
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(a) before the end of the period applicable under subclause (5),
the ACCC accepts an undertaking given by Telstra under
section 577A; and
(b) the decision to accept the undertaking is expressed to be
subject to the occurrence of one of more specified events
within a specified period (the post-acceptance period) after
the undertaking is accepted; and
(c) the post-acceptance period ends after the end of the period
applicable under subclause (5); and
(d) the undertaking comes into force before the end of the
post-acceptance period; and
(e) the undertaking requires Telstra to give the ACCC a draft
migration plan; and
(f) a final migration plan has come into force before the end of
the post-acceptance period.
Note: Section 577A deals with undertakings about structural separation.
(5F) The Minister is not required to observe any requirements of
procedural fairness in relation to the making of an instrument under
subclause (5B).
(5G) The Minister does not have a duty to consider whether to make an
instrument under subclause (5B), whether at the request of a person
or in any other circumstances.
(6) A determination under subclause (1) is not a legislative instrument.
(7) An instrument under subclause (5B) is not a legislative instrument.
76 Draft functional separation undertaking to be given to Minister
(1) Telstra must give the Minister a draft functional separation
undertaking:
(a) within 90 days after the first functional separation
requirements determination comes into force; or
(b) if a longer period is specified in an instrument under
subclause (3)—within that longer period.
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(2) However, subclause (1) does not apply if:
(a) the following conditions are satisfied:
(i) an undertaking given by Telstra is in force under
section 577A;
(ii) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(iii) in accordance with the undertaking, Telstra has given
the ACCC a draft migration plan;
(iv) the ACCC has approved the draft migration plan under
section 577BD, 577BDA, 577BDB or 577BDC; or
(b) both:
(i) an undertaking given by Telstra is in force under
section 577A; and
(ii) the undertaking does not require Telstra to give the
ACCC a draft migration plan.
Note: Section 577A deals with undertakings about structural separation.
(3) The Minister may, by writing, specify a period for the purposes of
paragraph (1)(b).
(4) The Minister must not specify a period under subclause (3) unless:
(a) Telstra satisfies the Minister that Telstra is preparing an
undertaking under section 577A; or
(b) both:
(i) Telstra has given the ACCC an undertaking under
section 577A; and
(ii) the ACCC has not decided whether to accept the
undertaking; or
(c) the following conditions are satisfied:
(i) Telstra has given the ACCC an undertaking under
section 577A;
(ii) the ACCC has decided to accept the undertaking;
(iii) that decision is expressed to be subject to the occurrence
of one or more specified events within a specified
period;
(iv) the undertaking is not in force;
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(v) that period has not ended; or
(d) the following conditions are satisfied:
(i) an undertaking given by Telstra is in force under
section 577A;
(ii) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(iii) Telstra satisfies the Minister that Telstra is preparing a
draft migration plan to be given to the ACCC in
accordance with the undertaking; or
(e) the following conditions are satisfied:
(i) an undertaking given by Telstra is in force under
section 577A;
(ii) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(iii) Telstra has given the ACCC a draft migration plan in
accordance with the undertaking;
(iv) the ACCC has not decided whether to approve the draft
migration plan under section 577BD, 577BDA,
577BDB or 577BDC.
Note: Section 577A deals with undertakings about structural separation.
(5) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a
power conferred on the Minister by subclause (3). However, the
Minister must not revoke a subclause (3) instrument.
(6) A period specified in a subclause (3) instrument may be a period
ascertained wholly or partly by reference to the occurrence of a
specified event.
(6A) The Minister is not required to observe any requirements of
procedural fairness in relation to the making of a subclause (3)
instrument.
(7) The Minister does not have a duty to consider whether to exercise
the power to make a subclause (3) instrument, whether he or she is
requested to do so by Telstra or by any other person, or in any
other circumstances.
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Division 2 Functional separation undertaking
Clause 77
(8) The Minister must cause a copy of an instrument under
subclause (3) to be published on the Department’s website.
(9) An instrument under subclause (3) is not a legislative instrument.
77 Approval of draft functional separation undertaking by Minister
(1) This clause applies if Telstra gives the Minister a draft functional
separation undertaking (the original undertaking).
(2) The Minister must, by writing:
(a) approve the original undertaking; or
(b) both:
(i) vary the original undertaking; and
(ii) approve the original undertaking as varied; or
(c) both:
(i) determine that Telstra is taken to have given the
Minister another draft functional separation undertaking
(the replacement undertaking) in the terms specified in
the determination, instead of the original undertaking;
and
(ii) approve the replacement undertaking.
Consultation
(3) Before making a decision under subclause (2), the Minister must:
(a) cause to be published on the Department’s website a notice:
(i) setting out the original undertaking; and
(ii) inviting persons to make submissions to the Minister
about the original undertaking within 14 days after the
notice is published; and
(b) give the ACCC a copy of the notice; and
(c) cause to be published on the Department’s website a copy of
each submission received within the 14-day period
mentioned in paragraph (a); and
(d) consider any submissions received within the 14-day period
mentioned in paragraph (a); and
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Clause 77
(e) ask the ACCC to give advice to the Minister, within 44 days
after the notice is published, about the original undertaking;
and
(f) have regard to any advice given by the ACCC.
Consultation—variation of original undertaking
(4) Before making a decision under paragraph (2)(b) to approve the
original undertaking as varied, the Minister must:
(a) give Telstra a notice:
(i) setting out the original undertaking as proposed to be
varied; and
(ii) inviting Telstra to make submissions to the Minister,
within 14 days after the notice is given, about the
original undertaking as proposed to be varied; and
(b) consider any submissions received from Telstra within the
14-day period mentioned in paragraph (a).
Consultation—replacement undertaking
(5) Before making a decision under paragraph (2)(c) to approve the
replacement undertaking, the Minister must:
(a) give Telstra a notice:
(i) setting out the proposed replacement undertaking; and
(ii) inviting Telstra to make submissions to the Minister
about the proposed replacement undertaking within 14
days after the notice is given; and
(b) consider any submissions received from Telstra within the
14-day period mentioned in paragraph (a).
Advice by the ACCC
(6) Subclause (3) does not, by implication, prevent the Minister from
asking the ACCC to give the Minister additional advice about a
matter arising under this clause.
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Clause 78
Notification of decision
(7) As soon as practicable after making a decision under subclause (2),
the Minister must notify Telstra in writing of the decision.
Instrument is not a legislative instrument
(8) An instrument made under subclause (2) is not a legislative
instrument.
78 Time limit for making an approval decision
(1) This clause applies if Telstra gives the Minister a draft functional
separation undertaking (the original undertaking).
(2) The Minister must use his or her best endeavours to make a
decision under subclause 77(2) in relation to the original
undertaking within 6 months after the original undertaking was
given to the Minister.
79 Effect of approval
(1) If the Minister approves a draft functional separation undertaking
under subclause 77(2), the undertaking becomes a final functional
separation undertaking.
(2) A final functional separation undertaking comes into force on the
day after notice of the relevant decision is given to Telstra in
accordance with subclause 77(7).
(3) A final functional separation undertaking may not be withdrawn.
Undertaking is not a legislative instrument
(4) A final functional separation undertaking is not a legislative
instrument.
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Clause 80
80 Variation of final functional separation undertaking
(1) This clause applies if a final functional separation undertaking is in
force.
Variation
(2) The Minister may, in writing, vary the final functional separation
undertaking:
(a) at the request of Telstra or another person; or
(b) on the Minister’s own initiative.
(3) The Minister does not have a duty to consider whether to exercise
the power to vary a final functional separation undertaking,
whether he or she is requested to do so by Telstra or by any other
person, or in any other circumstances.
Consultation
(4) Before varying a final functional separation undertaking, the
Minister must:
(a) cause to be published on the Department’s website a notice:
(i) setting out the proposed variation; and
(ii) inviting persons to make submissions to the Minister
about the proposed variation within 14 days after the
notice is published; and
(b) give the ACCC a copy of the notice; and
(c) cause to be published on the Department’s website a copy of
each submission received within the 14-day period
mentioned in paragraph (a); and
(d) consider any submissions received within the 14-day period
mentioned in paragraph (a); and
(e) ask the ACCC to give advice to the Minister, within 44 days
after the notice is published, about the proposed variation;
and
(f) have regard to any advice given by the ACCC.
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Clause 80
Minor variation
(5) Subclause (4) does not apply to a proposed variation if the
variation is of a minor nature.
(6) If the proposed variation:
(a) is of a minor nature; and
(b) is not made at the request of Telstra;
then, before making the proposed variation, the Minister must:
(c) give Telstra a notice:
(i) setting out the proposed variation; and
(ii) inviting Telstra to make submissions to the Minister
about the proposed variation within 14 days after the
notice is given; and
(d) consider any submissions received from Telstra within that
14-day period.
Advice by the ACCC
(7) Subclause (4) does not, by implication, prevent the Minister from
asking the ACCC to give the Minister additional advice about a
matter arising under this clause.
Notification of variation
(8) As soon as practicable after varying a final functional separation
undertaking, the Minister must notify Telstra in writing of the
variation.
When variation comes into force
(9) A variation of a final functional separation undertaking comes into
force on the day after the notice of the variation is given to Telstra
in accordance with subclause (8).
Variation is not a legislative instrument
(10) A variation of a final functional separation undertaking is not a
legislative instrument.
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Clause 81
81 Publication of final functional separation undertaking
(1) As soon as practicable after a final functional separation
undertaking comes into force, Telstra must make a copy of the
undertaking available on Telstra’s website.
(2) As soon as practicable after a variation of a final functional
separation undertaking comes into force, Telstra must make a copy
of the varied final functional separation undertaking available on
Telstra’s website.
82 Compliance with final functional separation undertaking
(1) If a final functional separation undertaking is in force, Telstra must
comply with the undertaking.
(2) However, subclause (1) does not apply if an undertaking given by
Telstra is in force under section 577A.
Note: Section 577A deals with undertakings about structural separation.
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Part 10 Control and use by Telstra of certain spectrum licences
Division 1 Introduction
Clause 83
Part 10—Control and use by Telstra of certain
spectrum licences
Division 1—Introduction
83 Simplified outline
The following is a simplified outline of this Part:
• If the excluded spectrum regime applies to Telstra, and a spectrum licence relates to a designated part of the spectrum,
Telstra must not be in a position to exercise control of the
licence unless the following undertakings given by Telstra
are in force:
(a) an undertaking about structural separation;
(b) an undertaking about hybrid fibre-coaxial
networks;
(c) an undertaking about subscription television
broadcasting licences.
• However, the Minister may exempt Telstra from the requirement to have an undertaking about hybrid
fibre-coaxial networks or subscription television
broadcasting licences if the Minister is satisfied that
Telstra’s undertaking about structural separation is sufficient
to address concerns about the degree of Telstra’s power in
telecommunications markets.
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Control and use by Telstra of certain spectrum licences Division 2
Clause 84
Division 2—Control and use by Telstra of certain spectrum
licences
84 Control by Telstra of certain spectrum licences
(1) If:
(a) the excluded spectrum regime applies to Telstra; and
(b) a spectrum licence relates to a designated part of the
spectrum;
Telstra must not be in a position to exercise control of the licence.
Note 1: For excluded spectrum regime, see section 577GA.
Note 2: For when Telstra is in a position to exercise control of a spectrum
licence, see clause 88.
(2) However, the rule in subclause (1) does not apply if:
(a) both:
(i) an undertaking given by Telstra is in force under
section 577A; and
(ii) the undertaking is covered by subclause (3); and
(b) either:
(i) an undertaking given by Telstra is in force under
section 577C; or
(ii) a declaration is in force under subsection 577J(3); and
(c) either:
(i) an undertaking given by Telstra is in force under
section 577E; or
(ii) a declaration is in force under subsection 577J(5).
Note 1: Section 577A deals with undertakings about structural separation.
Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial
networks.
Note 3: Section 577E deals with undertakings about subscription television
broadcasting licences.
(3) This subclause covers a section 577A undertaking if:
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Division 2 Control and use by Telstra of certain spectrum licences
Clause 85
(a) the following conditions are satisfied:
(i) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(ii) in accordance with the undertaking, Telstra has given
the ACCC a draft migration plan;
(iii) the ACCC has approved the draft migration plan under
section 577BD, 577BDA, 577BDB or 577BDC; or
(b) the undertaking does not require Telstra to give the ACCC a
draft migration plan.
85 Use by Telstra of certain spectrum licences
(1) If:
(a) the excluded spectrum regime applies to Telstra; and
(b) a spectrum licence relates to a designated part of the
spectrum;
Telstra must not supply a carriage service using a
radiocommunications device the operation of which is authorised
under the licence.
Note: For excluded spectrum regime, see section 577GA.
(2) However, the rule in subclause (1) does not apply if:
(a) both:
(i) an undertaking given by Telstra is in force under
section 577A; and
(ii) the undertaking is covered by subclause (3); and
(b) either:
(i) an undertaking given by Telstra is in force under
section 577C; or
(ii) a declaration is in force under subsection 577J(3); and
(c) either:
(i) an undertaking given by Telstra is in force under
section 577E; or
(ii) a declaration is in force under subsection 577J(5).
Note 1: Section 577A deals with undertakings about structural separation.
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Clause 85
Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial
networks.
Note 3: Section 577E deals with undertakings about subscription television
broadcasting licences.
(3) This subclause covers a section 577A undertaking if:
(a) the following conditions are satisfied:
(i) the undertaking requires Telstra to give the ACCC a
draft migration plan;
(ii) in accordance with the undertaking, Telstra has given
the ACCC a draft migration plan;
(iii) the ACCC has approved the draft migration plan under
section 577BD, 577BDA, 577BDB or 577BDC; or
(b) the undertaking does not require Telstra to give the ACCC a
draft migration plan.
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Schedule 1 Standard carrier licence conditions
Part 10 Control and use by Telstra of certain spectrum licences
Division 3 Other provisions
Clause 86
Division 3—Other provisions
86 Associate
(1) In this Part, an associate of Telstra in relation to control of a
spectrum licence is:
(a) a partner of Telstra; or
(b) if Telstra or another person who is an associate of Telstra
under another paragraph receives benefits or is capable of
benefiting under a trust—the trustee of the trust; or
(c) a person (whether a company or not) who:
(i) acts, or is accustomed to act; or
(ii) under a contract or an arrangement or understanding
(whether formal or informal) is intended or expected to
act;
in accordance with the directions, instructions or wishes of,
or in concert with:
(iii) Telstra; or
(iv) Telstra and another person who is an associate of
Telstra under another paragraph; or
(d) another company if:
(i) the other company is a related body corporate of Telstra
for the purposes of the Corporations Act 2001; or
(ii) Telstra, or Telstra and another person who is an
associate of Telstra under another paragraph, are in a
position to exercise control of the other company.
(2) However, persons are not associates of each other if the ACCC is
satisfied that:
(a) they do not act together in any relevant dealings relating to
the spectrum licence; and
(b) neither of them is in a position to exert influence over the
business dealings of the other in relation to the spectrum
licence.
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Other provisions Division 3
Clause 87
87 Control
In this Part, control includes control as a result of, or by means of,
trusts, agreements, arrangements, understandings and practices,
whether or not having legal or equitable force and whether or not
based on legal or equitable rights.
88 When Telstra is in a position to exercise control of a spectrum
licence
(1) For the purposes of this Part, Telstra is in a position to exercise
control of a spectrum licence if:
(a) Telstra is the licensee; or
(b) Telstra, either alone or together with an associate of Telstra,
is in a position to exercise control of the spectrum licensee;
or
(c) Telstra, either alone or together with an associate of Telstra,
is in a position to exercise (whether directly or indirectly)
control of the selection of radiocommunications devices
authorised to operate under the licence; or
(d) Telstra, either alone or together with an associate of Telstra,
is in a position to exercise (whether directly or indirectly)
control of a significant proportion of the operations of
radiocommunications devices authorised to operate under the
licence; or
(e) Telstra, either alone or together with an associate of Telstra,
is in a position to:
(i) veto any action taken by the board of directors of the
licensee; or
(ii) appoint or secure the appointment of, or veto the
appointment of, at least half of the board of directors of
the licensee; or
(iii) exercise, in any other manner, whether directly or
indirectly, direction or restraint over any substantial
issue affecting the management or affairs of the
licensee; or
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Division 3 Other provisions
Clause 88
(f) the licensee or more than 50% of its directors:
(i) act, or are accustomed to act; or
(ii) under a contract or an arrangement or understanding
(whether formal or informal) are intended or expected to
act;
in accordance with the directions, instructions or wishes of,
or in concert with, Telstra or of Telstra and an associate of
Telstra acting together or of the directors of Telstra.
(2) An employee of a licensee is not, except through an association
with another person, to be regarded as being in a position to
exercise control of a spectrum licence under subclause (1) purely
because of being an employee.
(3) More than one person may be in a position to exercise control of a
spectrum licence.
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Standard service provider rules Schedule 2
Compliance with this Act Part 1
Clause 1
Schedule 2—Standard service provider rules Note: See section 98.
Part 1—Compliance with this Act
1 Compliance with this Act
(1) A service provider must comply with this Act.
(2) In this clause:
this Act includes the Telecommunications (Consumer Protection
and Service Standards) Act 1999 and regulations under that Act
and Chapter 5 of the Telecommunications (Interception and
Access) Act 1979.
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Schedule 2 Standard service provider rules
Part 2 Operator services
Clause 2
Part 2—Operator services
2 Simplified outline
The following is a simplified outline of this Part:
• Certain operator services must be provided to end-users of
standard telephone services.
3 Scope of Part
This Part applies to the following operator services:
(a) services for dealing with faults and service difficulties;
(b) services of a kind specified in the regulations.
4 Operator services must be provided to end-users of a standard
telephone service
(1) A carriage service provider who supplies a standard telephone
service must make operator services available to each end-user of
that standard telephone service.
(2) The provider may do this by:
(a) providing the operator services itself; or
(b) arranging with another person for the provision of the
operator services.
5 Access to end-users of other carriage service providers
(1) If:
(a) a carriage service provider (the first provider) who supplies a
standard telephone service itself provides a particular kind of
operator services to end-users of its standard telephone
service; and
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Clause 5
(b) another carriage service provider (the second provider) who
supplies a standard telephone service does not itself provide
that kind of operator services to particular end-users of its
standard telephone service; and
(c) the second provider requests the first provider to enter into an
agreement for the first provider to provide that kind of
operator services to those end-users of the second provider’s
standard telephone service;
the first provider must comply with the request.
(2) The operator services are to be provided to the end-users of the
second provider’s standard telephone service in accordance with
the request and on such terms and conditions as are:
(a) agreed between the first provider and the second provider; or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
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Schedule 2 Standard service provider rules
Part 3 Directory assistance services
Clause 6
Part 3—Directory assistance services
6 Simplified outline
The following is a simplified outline of this Part:
• Directory assistance services must be made available to
end-users of standard telephone services.
7 Directory assistance services must be provided to end-users
(1) A carriage service provider who supplies a standard telephone
service must make directory assistance services available to each
end-user of the service.
(2) The provider may do this by:
(a) providing the directory assistance services itself; or
(b) arranging with another person for the provision of the
directory assistance services.
8 Access by end-users of other carriage service providers
(1) If:
(a) a carriage service provider (the first provider) who supplies a
standard telephone service itself provides directory assistance
services to end-users of its standard telephone service; and
(b) another carriage service provider (the second provider) who
supplies a standard telephone service does not itself provide
directory assistance services to particular end-users of its
standard telephone service; and
(c) the second provider requests the first provider to enter into an
agreement for the first provider to provide directory
assistance services to those end-users of the second
provider’s standard telephone service;
the first provider must comply with the request.
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Clause 8
(2) The directory assistance services are to be provided to the
end-users of the second provider’s standard telephone service in
accordance with the request and on such terms and conditions as
are:
(a) agreed between the first provider and the second provider; or
(b) failing agreement, determined by an arbitrator appointed by
the parties.
If the parties fail to agree on the appointment of an arbitrator, the
ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the
conduct of an arbitration under this clause.
(4) The regulations may provide that, for the purposes of a particular
arbitration conducted by the ACCC under this clause, the ACCC
may be constituted by a single member, or a specified number of
members, of the ACCC. For each such arbitration, that member or
those members are to be nominated in writing by the Chairperson
of the ACCC.
(5) Subclause (4) does not, by implication, limit subclause (3).
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Schedule 2 Standard service provider rules
Part 4 Integrated public number database
Clause 9
Part 4—Integrated public number database
9 Simplified outline
The following is a simplified outline of this Part:
• If a person or association is under an obligation to provide and
maintain an integrated public number database, carriage
service providers must give the person or association
information in connection with the fulfilment of that
obligation.
10 Carriage service providers must give information to Telstra
(1) This clause applies if Telstra is obliged by a condition of a carrier
licence to provide and maintain an integrated public number
database.
(2) If:
(a) a carriage service provider supplies a carriage service to an
end-user; and
(b) the end-user has a public number;
the carriage service provider must give Telstra such information as
Telstra reasonably requires in connection with Telstra’s fulfilment
of that obligation.
(3) In this clause:
number has the same meaning as in Division 2 of Part 22.
public number means a number specified in the numbering plan as
mentioned in subsection 455(3).
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Clause 11
11 Carriage service providers must give information to another
person or association
(1) This clause applies if a person or association is obliged by
section 472 to provide and maintain an integrated public number
database.
(2) If:
(a) a carriage service provider supplies a carriage service to an
end-user; and
(b) the end-user has a public number;
the carriage service provider must give the person or association
such information as the person or association reasonably requires
in connection with the person’s or association’s fulfilment of that
obligation.
(3) In this clause:
number has the same meaning as in Division 2 of Part 22.
public number means a number specified in the numbering plan as
mentioned in subsection 455(3).
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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
(1) This clause applies to a carriage service provider who supplies a
standard telephone service.
(2) The provider must provide itemised billing for calls made using
such a service. The provider may do this by:
(a) providing the itemised billing itself; or
(b) arranging with another person for the provision of the
itemised billing.
(3) The rule set out in subclause (2) does not apply in relation to calls
made using a particular service if the customer chooses not to have
itemised billing for calls made using that service.
(4) The rule set out in subclause (2) does not apply to designated local
calls unless the customer requests the provider to provide itemised
billing in relation to those calls.
(5) For the purposes of the application of this clause to a carriage
service provider who supplies a standard telephone service to a
customer, a designated local call is a call that:
(a) is made using that service; and
(b) is made between points in the applicable zone in relation to
the provider and in relation to the customer; and
(c) is not an exempt call (as defined by subclause (6)).
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Clause 13
(6) For the purposes of subclause (5), a call is an exempt call if:
(a) the call involves the use of a public mobile
telecommunications service (whether by the party who
originated the call or by any other party to the caln( � or
(b) the call involves the use of a satellite service.
(7) A reference in this clause to the applicable zone is a reference to
the applicable zone for the purposes of Part 4 of the
Telecommunications (Consumer Protection and Service Standards)
Act 1999.
(8) For the purposes of this clause, a call is regarded as an untimed
local call if, and only if, the call is an eligible local call for the
purposes of Part 4 of the Telecommunications (Consumer
Protection and Service Standards) Act 1999.
(9) In this clause:
itemised billing, in relation to calls of a particular kind, means the
provision to a customer of a bill that:
(a) if there is in force a written determination made by the
ACMA relating to that kind of service—shows such details
as are specified in the determination; or
(b) in any other case—shows, for each call of that kind that is
not regarded as an untimed local call, the following details:
(i) the date on which the call was made;
(ii) the number to which the call was made;
(iii) the duration of the call;
(iv) the charge applicable to the call;
and complies with a determination in force under clause 15.
satellite service means a carriage service, where customer
equipment used in connection with the supply of the service
communicates directly with a satellite-based facility.
(10) A determination under paragraph (a) of the definition of itemised
billing in subclause (9) is a legislative instrument.
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Part 5 Itemised billing
Clause 14
14 Exemptions from itemised billing requirements
(1) The ACMA may, by notice in the Gazette, declare that a specified
carriage service provider is exempt from the requirement set out in
subclause 13(2) in so far as that requirement applies in relation to
specified customers. The declaration has effect accordingly.
Note: Providers or customers may be specified by name, by inclusion in a
particular class or in any other way.
(2) In deciding whether a provider should be exempt from the
requirement set out in subclause 13(2), the ACMA must have
regard to:
(a) the technical feasibility of complying with the requirement
set out in that subclause; and
(b) any plans by the provider to install a capability to provide
itemised billing to those customers.
(3) Subclause (2) does not, by implication, limit the matters to which
the ACMA may have regard.
15 Details that are not to be specified in an itemised bill
(1) The ACMA may, by written instrument, determine that specified
details must not be shown in an itemised bill provided by a carriage
service provider to a customer.
(2) In making a determination under subclause (1), the ACMA must
have regard to the Australian Privacy Principles. This subclause
does not, by implication, limit the matters to which the ACMA is
to have regard.
(3) A carriage service provider must comply with a determination
under subclause (1).
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Priority assistance Part 6
Clause 16
Part 6—Priority assistance
16 Simplified outline
The following is a simplified outline of this Part:
• This Part deals with priority assistance for people with life-threatening medical conditions.
• A carriage service provider must comply with the priority assistance industry code.
• If a carriage service provider receives an inquiry from a prospective residential customer about the supply of a
standard telephone service, and the provider does not offer
priority assistance, the provider must:
(a) inform the prospective residential customer that the
provider does not offer priority assistance in
connection with the service; and
(b) inform the prospective residential customer of the
names of one or more carriage service providers
from whom the prospective residential customer
can obtain priority assistance.
17 Priority assistance industry code
For the purposes of this Part, the priority assistance industry code
is:
(a) the code that is:
(i) entitled Priority Assistance for Life Threatening
Medical Conditions; and
(ii) registered under Part 6; or
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Clause 18
(b) if that code is replaced by another code registered under
Part 6—the replacement code.
18 Compliance with the priority assistance industry code
A carriage service provider must comply with the priority
assistance industry code to the extent (if any) to which the code is
applicable to the provider.
19 Information for prospective residential customers of a carriage
service provider who does not offer priority assistance
Scope
(1) This clause applies to a carriage service provider if:
(a) the provider receives an inquiry from a prospective
residential customer about the supply of a standard telephone
service; and
(b) the provider does not offer priority assistance in connection
with the service.
Requirement
(2) The provider must:
(a) inform the prospective residential customer that the provider
does not offer priority assistance in connection with the
service; and
(b) inform the prospective residential customer of the names of
one or more carriage service providers from whom the
prospective residential customer can obtain priority
assistance in connection with a standard telephone service.
Definition
(3) In this clause:
priority assistance has the same meaning as in the priority
assistance industry code.
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Clause 20
20 Requirements for Telstra
This Part does not impose a requirement on Telstra if clause 19 of
the Carrier Licence Conditions (Telstra Corporation Limited)
Declaration 1997 is in force.
Note: Clause 19 of the Carrier Licence Conditions (Telstra Corporation
Limited) Declaration 1997 is about Telstra’s priority assistance
obligations.
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Schedule 3 Carriers’ powers and immunities
Part 1 General provisions
Division 1 Simplified outline and definitions
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:
• A carrier may enter on land and exercise any of the following
powers:
(a) the power to inspect the land to determine whether
the land is suitable for the carrier’s purposes;
(b) the power to install a facility on the land;
(c) the power to maintain a facility that is situated on
the land.
• The power to install a facility may only be exercised if:
(a) the carrier holds a facility installation permit; or
(b) the facility is a low-impact facility; or
(c) the facility is a temporary facility for use by, or on
behalf of, a defence organisation for defence
purposes; or
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(d) the installation is carried out before 1 July 2000 for
the sole purpose of connecting a building to a
network that was in existence on 30 June 1997.
• A facility installation permit will only be issued in relation to
a facility if:
(a) the carrier has made reasonable efforts to negotiate
in good faith with the relevant proprietors and
administrative authorities; and
(b) in a case where the facility is a designated
overhead line—each relevant administrative
authority has approved the installation of the line;
and
(c) the telecommunications network to which the
facility relates is or will be of national significance;
and
(d) the facility is an important part of the
telecommunications network to which the facility
relates; and
(e) either the greater part of the infrastructure of the
telecommunications network to which the facility
relates has already been installed or relevant
administrative authorities are reasonably likely to
approve the installation of the greater part of the
infrastructure of the telecommunications network
to which the facility relates; and
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(f) the advantages that are likely to be derived from
the operation of the facility in the context of the
telecommunications network to which the facility
relates outweigh any form of degradation of the
environment that is likely to result from the
installation of the facility.
• In exercising powers under this Part, a carrier must comply
with certain conditions, including:
(a) doing as little damage as practicable;
(b) acting in accordance with good engineering
practice;
(c) complying with recognised industry standards;
(d) complying with conditions specified in the
regulations;
(e) complying with conditions specified in a
Ministerial Code of Practice;
(f) complying with conditions specified in a facility
installation permit;
(g) giving notice to the owner of land.
2 Definitions
In this Part:
Aboriginal person means a person of the Aboriginal race of
Australia.
defence organisation means:
(a) the Defence Department; or
(b) the Australian Defence Force; or
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(c) an organisation of a foreign country, so far as the
organisation:
(i) has functions corresponding to functions of, or of a part
of, the Defence Department or the Australian Defence
Force; and
(ii) is authorised by the Commonwealth to operate or train
in Australia or an external Territory; or
(d) a part of such an organisation or body.
designated overhead line has the meaning given by clause 3.
ecological community has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
ecosystem means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment
interacting as a functional unit.
enter on land includes enter on a public place.
environment has the same meaning as in the Environment
Protection and Biodiversity Conservation Act 1999.
Environment Secretary means the Secretary of the Department
responsible for the administration of the Environment Protection
and Biodiversity Conservation Act 1999.
facility installation permit means a permit issued under clause 25.
high-demand holiday period means:
(a) a period of a single day; or
(b) a period of 2 or more consecutive days;
where that day, or each of those days, as the case may be, is:
(c) a public holiday, or a public school holiday, in any State or
internal Territory; or
(d) a Saturday or a Sunday of a weekend immediately preceding
a Monday that is a public holiday, or public school holiday,
in any State or internal Territory; or
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(e) a Saturday or a Sunday of a weekend next following a Friday
that is a public holiday, or public school holiday, in any State
or internal Territory.
installation, in relation to a facility, includes:
(a) the construction of the facility on, over or under any land;
and
(b) the attachment of the facility to any building or other
structure; and
(c) any activity that is ancillary or incidental to the installation of
the facility (for this purpose, installation includes an activity
covered by paragraph (a) or (b)).
international agreement means:
(a) a convention to which Australia is a party; or
(b) an agreement or arrangement between Australia and a foreign
country;
and includes, for example, an agreement, arrangement or
understanding between a Minister and an official or authority of a
foreign country.
land includes submerged land (but does not include submerged
land that is beneath Australian waters within the meaning of
Schedule 3A).
listed international agreement means an international agreement
specified in the regulations.
public inquiry, in relation to a facility installation permit, means a
public inquiry under Part 25 about whether the permit should be
issued and, if so, the conditions (if any) that should be specified in
the permit.
public land means land that:
(a) is the property of:
(i) the Commonwealth, a State or a Territory; or
(ii) a local government body; or
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(iii) an authority of the Commonwealth or of a State or
Territory; and
(b) is a public place.
public place includes a place to which members of the public have
ready access.
public utility means a body that provides to the public:
(a) reticulated products or services, such as electricity, gas,
water, sewerage or drainage; or
(b) carriage services (other than carriage services supplied by a
carriage service provider); or
(c) transport services; or
(d) a product or service of a kind that is similar to a product or
service covered by paragraph (a), (b) or (c).
threatened ecological community means an ecological community
that is included in the list of threatened ecological communities
kept under Division 1 of Part 13 of the Environment Protection
and Biodiversity Conservation Act 1999.
threatened species means a species that is included in one of the
following categories of the list of threatened species kept under
Division 1 of Part 13 of the Environment Protection and
Biodiversity Conservation Act 1999:
(a) extinct in the wild;
(b) critically endangered;
(c) endangered;
(d) vulnerable.
Torres Strait Islander means a descendant of an indigenous
inhabitant of the Torres Strait Islands.
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Clause 3
3 Designated overhead line
A reference in this Part to a designated overhead line is a reference
to a line:
(a) that is suspended above the surface of:
(i) land (other than submerged land); or
(ii) a river, lake, tidal inlet, bay, estuary, harbour or other
body of water; and
(b) the maximum external cross-section of any part of which
exceeds:
(i) 13 mm; or
(ii) if another distance is specified in the regulations—that
other distance.
4 Extension to a tower to be treated as the installation of a facility
(1) For the purposes of the application of this Part to the installation of
facilities, if:
(a) a tower is a facility; and
(b) the tower is, or is to be, extended;
then:
(c) the carrying out of the extension is to be treated as the
carrying out of the installation of the facility; and
(d) the extension is to be treated as a facility in its own right.
(2) To avoid doubt, a reference in this clause to a tower does not
include a reference to an antenna.
(3) In this clause:
tower means a tower, pole or mast.
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Clause 5
Division 2—Inspection of land
5 Inspection of land
(1) A carrier may, for the purposes of determining whether any land is
suitable for its purposes:
(a) enter on, and inspect, the land; and
(b) do anything on the land that is necessary or desirable for that
purpose, including, for example:
(i) making surveys, taking levels, sinking bores, taking
samples, digging pits and examining the soil; and
(ii) felling and lopping trees and clearing and removing
other vegetation and undergrowth; and
(iii) closing, diverting or narrowing a road or bridge; and
(iv) installing a facility in, over or under a road or bridge;
and
(v) altering the position of a water, sewerage or gas main or
pipe; and
(vi) altering the position of an electricity cable or wire.
(2) A carrier may, for the purpose of surveying or obtaining
information in relation to any land that, in the carrier’s opinion, is
or may be suitable for its purposes:
(a) enter on any land; and
(b) do anything on the entered land that is necessary or desirable
for that purpose, including, for example:
(i) making surveys and taking levels; and
(ii) felling and lopping trees and clearing and removing
other vegetation and undergrowth; and
(iii) closing, diverting or narrowing a road or bridge; and
(iv) installing a facility in, over or under a road or bridge;
and
(v) altering the position of a water, sewerage or gas main or
pipe; and
(vi) altering the position of an electricity cable or wire.
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Clause 5
(3) A reference in this Part to engaging in activities under this Division
includes a reference to exercising powers under this Division.
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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:
(a) the carrier is authorised to do so by a facility installation
permit; or
(b) the facility is a low-impact facility (as defined by subclause (3));
or
(c) the facility is a temporary facility for use by, or on behalf of,
a defence organisation for defence purposes.
Note: If the installation of a facility is not authorised by this clause, the
installation may require the approval of an administrative authority
under a law of a State or Territory.
(2) If subclause (1) authorises a carrier to carry out a particular
activity, the carrier may, for purposes in connection with the
carrying out of that activity:
(a) enter on, and occupy, any land; and
(b) on, over or under the land, do anything necessary or desirable
for those purposes, including, for example:
(i) constructing, erecting and placing any plant, machinery,
equipment and goods; and
(ii) felling and lopping trees and clearing and removing
other vegetation and undergrowth; and
(iii) making cuttings and excavations; and
(iv) restoring the surface of the land and, for that purpose,
removing and disposing of soil, vegetation and other
material; and
(v) erecting temporary workshops, sheds and other
buildings; and
(vi) levelling the surface of the land and making roads.
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(3) The Minister may, by legislative instrument, determine that a
specified facility is a low-impact facility for the purposes of this
clause. The determination has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
(4) A designated overhead line must not be specified in an instrument
under subclause (3).
(4A) A submarine cable (within the meaning of Schedule 3A) must not
be specified in an instrument under subclause (3).
(5) A tower must not be specified in an instrument under subclause (3)
unless:
(a) both:
(i) the tower is attached to a building; and
(ii) the height of the tower does not exceed 5 metres; or
(b) the following conditions are satisfied:
(i) the tower is a temporary facility that is installed to
minimise disruption to the supply of a carriage service
that might result from the maintenance of another
facility;
(ii) in a case where the tower is installed in a rural area
(within the meaning of the instrument)—the height of
the tower does not exceed 30 meters or the height of the
other facility, whichever is the higher;
(iii) in a case where the tower is not installed in a rural area
(within the meaning of the instrument)—the height of
the tower does not exceed 30 metres;
(iv) in a case where it is practicable to achieve the purpose
mentioned in subparagraph (i) by installing the tower on
the land on which the other facility is located—the
tower is installed on that land;
(v) in a case where subparagraph (iv) does not apply, but it
is practicable to achieve the purpose mentioned in
subparagraph (i) by installing the tower on public
land—the tower is installed on public land;
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(vi) in a case where neither subparagraph (iv) nor (v)
applies—the tower is installed in the vicinity of the
other facility; or
(c) the following conditions are satisfied:
(i) the tower is a temporary facility that is installed to
minimise disruption to the supply of a carriage service
that might result from carrying out the replacement of
another facility;
(ii) in a case where the tower is installed in a rural area
(within the meaning of the instrument)—the height of
the tower does not exceed 30 meters or the height of the
other facility, whichever is the higher;
(iii) in a case where the tower is not installed in a rural area
(within the meaning of the instrument)—the height of
the tower does not exceed 30 metres;
(iv) in a case where it is practicable to achieve the purpose
mentioned in subparagraph (i) by installing the tower on
the land on which the other facility is located—the
tower is installed on that land;
(v) in a case where subparagraph (iv) does not apply, but it
is practicable to achieve the purpose mentioned in
subparagraph (i) by installing the tower on public
land—the tower is installed on public land;
(vi) in a case where neither subparagraph (iv) nor (v)
applies—the tower is installed in the vicinity of the
other facility; or
(d) the following conditions are satisfied:
(i) the tower is a temporary facility that is installed to
provide additional capacity to supply carriage services
to persons who are attending an event at a venue;
(ii) the height of the tower does not exceed 30 metres;
(iii) in a case where it is practicable to achieve the purpose
mentioned in subparagraph (i) by installing the tower on
the land on which the venue is located—the tower is
installed on that land;
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(iv) in a case where subparagraph (iii) does not apply, but it
is practicable to achieve the purpose mentioned in
subparagraph (i) by installing the tower on public
land—the tower is installed on public land;
(v) in a case where neither subparagraph (iii) nor (iv)
applies—the tower is installed in the vicinity of the
venue; or
(e) the following conditions are satisfied:
(i) the tower is a temporary facility that is installed to
provide additional capacity to supply carriage services
to persons who are attending any or all of 2 or more
events at a venue;
(ii) the intervals between those events are not longer than
28 days;
(iii) the height of the tower does not exceed 30 metres;
(iv) in a case where it is practicable to achieve the purpose
mentioned in subparagraph (i) by installing the tower on
the land on which the venue is located—the tower is
installed on that land;
(v) in a case where subparagraph (iv) does not apply, but it
is practicable to achieve the purpose mentioned in
subparagraph (i) by installing the tower on public
land—the tower is installed on public land;
(vi) in a case where neither subparagraph (iv) nor (v)
applies—the tower is installed in the vicinity of the
venue; or
(f) the following conditions are satisfied:
(i) the tower is a temporary facility installed to provide
additional capacity to supply carriage services to
persons who are physically present in a particular area
during a high-demand holiday period;
(ii) the height of the tower does not exceed 30 metres;
(iii) the tower is installed on public land; or
(g) the tower is a temporary facility that is installed wholly or
partly to provide capacity to supply carriage services to one
or more emergency services organisations (within the
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meaning of the instrument) so that those organisations can
deal with an emergency or natural disaster.
(5A) For the purposes of paragraph (5)(b), maintenance has the same
meaning as in clause 7.
(5B) For the purposes of paragraphs (5)(d) and (e), each of the following
is an example of an event:
(a) a sporting event;
(b) a musical event;
(c) a cultural event.
(5C) For the purposes of paragraphs (5)(b), (c), (d), (e) and (f), the
height of a tower or facility is the distance between:
(a) the top of the tower or facility; and
(b) ground level.
(6) To avoid doubt, a reference in subclause (5) to a tower does not
include a reference to an antenna.
(7) An extension to a tower must not be specified in an instrument
under subclause (3) unless:
(a) the height of the extension does not exceed 5 metres; and
(b) there have been no previous extensions to the tower.
For this purpose, tower has the same meaning as in clause 4.
(8) Paragraphs (1)(a) and (c) do not, by implication, limit
subclause (3).
(9) A reference in this Part to engaging in activities under this Division
includes a reference to exercising powers under this Division.
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Clause 7
Division 4—Maintenance of facilities
7 Maintenance of facilities
(1) A carrier may, at any time, maintain a facility.
(2) A carrier may do anything necessary or desirable for the purpose of
exercising powers under subclause (1), including (but not limited
to):
(a) entering on, and occupying, land; and
(b) removing, or erecting a gate in, any fence.
(3) A reference in this clause to the maintenance of a facility (the
original facility) includes a reference to:
(a) the alteration, removal or repair of the original facility; and
(b) the provisioning of the original facility with material or with
information (whether in electronic form or otherwise); and
(c) ensuring the proper functioning of the original facility; and
(d) the replacement of the whole or a part of the original facility
in its original location, where the conditions specified in
subclause (5) are satisfied; and
(e) the installation of an additional facility in the same location
as the original facility, where the conditions specified in
subclause (6) are satisfied; and
(f) in a case where any tree, undergrowth or vegetation
obstructs, or is likely to obstruct, the operation of the original
facility—the cutting down or lopping of the tree, or the
clearing or removal of the undergrowth or vegetation, as the
case requires.
(3A) A reference in this clause to the maintenance of a facility (the
original facility) includes a reference to the installation of a
temporary facility (other than a tower within the meaning of
subclause 6(5)), where the following conditions are satisfied:
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(a) the temporary facility is installed to minimise disruption to
the supply of a carriage service that might result from the
maintenance of the original facility;
(b) in a case where it is practicable to achieve the purpose
mentioned in paragraph (a) by installing the temporary
facility on the land on which the original facility is located—
the temporary facility is installed on that land;
(c) in a case where paragraph (b) does not apply, but it is
practicable to achieve the purpose mentioned in paragraph (a)
by installing the temporary facility on public land—the
temporary facility is installed on public land;
(d) in a case where neither paragraph (b) nor (c) applies—the
temporary facility is installed in the vicinity of the original
facility.
(4) A reference in this clause to the maintenance of a facility does not
include a reference to the extension of a tower. For this purpose,
tower has the same meaning as in clause 4.
(5) For the purposes of paragraph (3)(d), the following conditions are
specified:
(a) the levels of noise that are likely to result from the operation
of the replacement facility are less than or equal to the levels
of noise that resulted from the operation of the original
facility;
(b) in a case where the original facility is a tower:
(i) the height of the replacement facility does not exceed
the height of the original facility; and
(ii) the volume of the replacement facility does not exceed
the volume of the original facility;
(c) in a case where the facility is not a tower:
(i) the volume of the replacement facility does not exceed
the volume of the original facility; or
(ii) the replacement facility is located inside a
fully-enclosed building, the original facility was located
inside the building and the building is not modified
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Clause 7
externally as a result of the replacement of the original
facility; or
(iii) the replacement facility is located inside a duct, pit,
hole, tunnel or underground conduit;
(d) such other conditions (if any) as are specified in the
regulations.
(6) For the purposes of paragraph (3)(e), the following conditions are
specified:
(a) the combined levels of noise that are likely to result from the
operation of the additional facility and the original facility are
less than or equal to the levels of noise that resulted from the
operation of the original facility;
(b) either:
(i) the additional facility is located inside a fully-enclosed
building, the original facility is located inside the
building and the building is not modified externally as a
result of the installation of the additional facility; or
(ii) the additional facility is located inside a duct, pit, hole,
tunnel or underground conduit;
(c) such other conditions (if any) as are specified in the
regulations.
(7) For the purposes of paragraphs (5)(a), (b) and (c) and (6)(a), (b)
and (c), trivial variations are to be disregarded.
(8) For the purposes of subclauses (5) and (6):
(a) the measurement of the height of a tower is not to include
any antenna extending from the top of the tower; and
(b) the volume of a facility is the apparent volume of the
materials that:
(i) constitute the facility; and
(ii) are visible from a point outside the facility; and
(c) a structure that makes a facility inside the structure unable to
be seen from any point outside the structure is to be treated as
if it were a fully-enclosed building.
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(9) A reference in this Part to engaging in activities under this Division
includes a reference to exercising powers under this Division.
(10) In this clause (other than subclause (4)):
tower means a tower, pole or mast.
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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.
8A Carrier to remove temporary facilities
(1) If:
(a) a carrier installs a low-impact facility under Division 3; and
(b) the installation is covered by paragraph 6(5)(b);
the carrier must remove the facility within 28 days after the
completion of the maintenance mentioned in that paragraph.
(2) If:
(a) a carrier installs a low-impact facility under Division 3; and
(b) the installation is covered by paragraph 6(5)(c);
the carrier must remove the facility within 28 days after the
completion of the replacement mentioned in that paragraph.
(3) If:
(a) a carrier installs a low-impact facility under Division 3; and
(b) the installation is covered by paragraph 6(5)(d);
the carrier must remove the facility within 28 days after the end of
the event mentioned in that paragraph.
(4) If:
(a) a carrier installs a low-impact facility under Division 3; and
(b) the installation is covered by paragraph 6(5)(e);
the carrier must remove the facility within 28 days after the end of
the last of the events mentioned in that paragraph.
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(5) If:
(a) a carrier installs a low-impact facility under Division 3; and
(b) the installation is covered by paragraph 6(5)(g);
the carrier must remove the facility within 28 days after the facility
ceases to be needed to provide capacity to supply carriage services
to one or more emergency services organisations (within the
meaning of that paragraph) so that those organisations can deal
with an emergency or natural disaster.
(6) If:
(a) a carrier installs a facility under Division 4; and
(b) the installation is covered by subclause 7(3A);
the carrier must remove the facility within 28 days after the
completion of the maintenance mentioned in paragraph 7(3A)(a).
(7) For the purposes of this clause, low-impact facility has the same
meaning as in clause 6.
8B Low-impact facility installed at or near a venue—annual limit
(1) If:
(a) a carrier installs one or more low-impact facilities at a
particular place under Division 3; and
(b) those installations are covered by paragraph 6(5)(d) or (e);
the carrier must ensure that the total number of days in a calendar
year on which those facilities remain at that place does not exceed
183.
(2) For the purposes of this clause, low-impact facilities has the same
meaning as in clause 6.
8C Low-impact facility installed to provide additional capacity
during a high-demand holiday period—annual limit
(1) If:
(a) a carrier installs one or more low-impact facilities at a
particular place under Division 3; and
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(b) the installation is covered by paragraph 6(5)(f);
the carrier must ensure that the total number of days in a calendar
year on which those facilities remain at that place does not exceed
90.
(2) For the purposes of this clause, low-impact facilities has the same
meaning as in clause 6.
9 Carrier to restore land—general
(1) If a carrier engages in an activity under Division 2, 3 or 4 in
relation to any land, the carrier must take all reasonable steps to
ensure that the land is restored to a condition that is similar to its
condition before the activity began.
(2) The carrier must take all reasonable steps to ensure that the
restoration begins within 10 business days after the completion of
the first-mentioned activity.
(3) The rule in subclause (2) does not apply if the carrier agrees with:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner—the
occupier;
to commence restoration at a time after the end of that period of 10
business days.
9A Carrier to restore land—removal of temporary facilities
(1) If:
(a) a carrier installs a low-impact facility under Division 3 on
particular land; and
(b) the installation of the facility is covered by paragraph 6(5)(b),
(c), (d), (e), (f) or (g); and
(c) the carrier removes the facility;
the carrier must take all reasonable steps to ensure that the land is
restored to a condition that is similar to its condition before the
installation began.
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(2) If:
(a) a carrier installs a facility under Division 4 on particular land;
and
(b) the installation of the facility is covered by subclause 7(3A);
and
(c) the carrier removes the facility;
the carrier must take all reasonable steps to ensure that the land is
restored to a condition that is similar to its condition before the
installation began.
(3) If the installation of the facility is covered by paragraph 6(5)(b),
(c), (d), (e), (f) or (g), the carrier must take all reasonable steps to
ensure that the restoration begins within 10 business days after the
removal of the facility.
(4) If the installation of the facility is covered by subclause 7(3A), the
carrier must take all reasonable steps to ensure that the restoration
begins within 10 business days after the removal of the facility.
(5) The rule in subclause (3) or (4) does not apply if the carrier agrees
with:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner—the
occupier;
to commence restoration at a time after the end of that period of 10
business days.
(6) For the purposes of this clause, low-impact facility has the same
meaning as in clause 6.
10 Management of activities
A carrier must, in connection with carrying out an activity covered
by Division 2, 3 or 4, take all reasonable steps:
(a) to act in accordance with good engineering practice; and
(b) to protect the safety of persons and property; and
(c) to ensure that the activity interferes as little as practicable
with:
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(i) the operations of a public utility; and
(ii) public roads and paths; and
(iii) the movement of traffic; and
(iv) the use of land; and
(d) to protect the environment.
11 Agreements with public utilities
(1) A carrier must make reasonable efforts to enter into an agreement
with a public utility that makes provision for the manner in which
the carrier will engage in an activity that is:
(a) covered by Division 2, 3 or 4; and
(b) likely to affect the operations of the utility.
(2) A carrier must comply with an agreement in force under
subclause (1).
12 Compliance with industry standards
If a carrier engages in an activity covered by Division 2, 3 or 4, the
carrier must do so in accordance with any standard that:
(a) relates to the activity; and
(b) is recognised by the ACMA as a standard for use in that
industry; and
(c) is likely to reduce a risk to the safety of the public if the
carrier complies with the standard.
13 Compliance with international agreements
If a carrier engages in an activity covered by Division 2, 3 or 4, the
carrier must do so in a manner that is consistent with Australia’s
obligations under a listed international agreement that is relevant to
the activity.
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14 Conditions specified in the regulations
If a carrier engages, or proposes to engage, in an activity covered
by Division 2, 3 or 4, the carrier must comply with any conditions
that are specified in the regulations.
15 Conditions specified in a Ministerial Code of Practice
(1) The Minister may, by legislative instrument, make a Code of
Practice setting out conditions that are to be complied with by
carriers in relation to any or all of the activities covered by
Division 2, 3 or 4 (other than activities covered by a facility
installation permit) or by Part 3 of Schedule 3A.
(2) A carrier must comply with the Code of Practice.
(3) The following are examples of conditions that may be set out in the
Code of Practice:
(a) a condition requiring carriers to undertake assessments, or
further assessments, of the environmental impact of the
activity concerned;
(b) a condition requiring carriers to consult a particular person or
body in relation to the activity concerned;
(c) a condition requiring carriers to obtain the approval of a
particular person or body in relation to the activity
concerned.
(4) This clause does not, by implication, limit a power conferred by or
under this Act to make an instrument.
(5) This clause does not, by implication, limit the matters that may be
dealt with by codes or standards referred to in Part 6.
(6) Subclauses (4) and (5) do not, by implication, limit
subsection 33(3B) of the Acts Interpretation Act 1901.
16 Conditions to which a facility installation permit is subject
If:
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(a) a carrier engages, or proposes to engage, in an activity
covered by Division 3; and
(b) that activity is or will be authorised by a facility installation
permit; and
(c) the facility installation permit is subject to one or more
conditions;
the carrier must comply with those conditions.
17 Notice to owner of land—general
(1) Before engaging in an activity under Division 2, 3 or 4 in relation
to any land, a carrier must give written notice of its intention to do
so to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner—the
occupier.
(2) The notice must specify the purpose for which the carrier intends
to engage in the activity.
(3) The notice under subclause (1) must contain a statement to the
effect that, if a person suffers financial loss or damage in relation
to property because of anything done by a carrier in engaging in
the activity, compensation may be payable under clause 42.
(4) The notice must be given at least 10 business days before the
carrier begins to engage in the activity.
(4A) Despite subclause (4), the notice need be given only 2 business
days before the carrier begins to engage in an activity authorised
by Division 2 (which deals with inspection) that:
(a) is not inconsistent with Australia’s obligations under a listed
international agreement; and
(b) could not have an effect described in one or more of
subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this
Schedule; and
(c) will not have an adverse effect on a streetscape or other
landscape; and
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(d) will not have an impact on a place, area or thing described in
paragraph 27(7)(c) or (d) of this Schedule.
(5) A person may waive the person’s right to be given a notice under
subclause (1).
(6) Subclause (1) does not apply if:
(a) the carrier intends to engage in activities under Division 2
(which deals with inspection of land), 3 (which deals with
installation of facilities) or 4 (which deals with maintenance);
and
(b) those activities need to be carried out without delay in order
to protect:
(i) the integrity of a telecommunications network or a
facility; or
(ii) the health or safety of persons; or
(iii) the environment; or
(iv) property; or
(v) the maintenance of an adequate level of service.
(6A) Subclause (1) does not apply if:
(a) the carrier intends to engage in an activity under Division 2,
3 or 4 in relation to the installation, proposed installation or
maintenance of a temporary defence facility; and
(b) the carrier considers that compliance with subclause (1) is
impracticable in the circumstances.
(6B) For the purposes of this clause, a temporary defence facility is a
facility of the kind that is mentioned in paragraph 6(1)(c) of this
Schedule.
(7) Subclause (1) does not apply if the carrier intends to engage in an
activity under Division 2 (which deals with inspection) in relation
to land that is a public place and the activity:
(a) is not inconsistent with Australia’s obligations under a listed
international agreement; and
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(b) could not have an effect described in one or more of
subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this
Schedule; and
(c) will not have an adverse effect on a streetscape or other
landscape; and
(d) will not have an impact on a place, area or thing described in
paragraph 27(7)(c) or (d) of this Schedule.
(8) Subclause (1) does not apply if:
(a) the carrier intends to install a low-impact facility under
Division 3; and
(b) the installation of the facility is covered by paragraph 6(5)(g).
(9) For the purposes of this clause, low-impact facility has the same
meaning as in clause 6.
18 Notice to owner of land—lopping of trees etc.
(1) At least 10 business days before engaging in any of the following
activities under Division 2, 3 or 4:
(a) cutting down or lopping a tree on private land;
(b) clearing or removing undergrowth or vegetation on private
land;
a carrier must give:
(c) the owner of the land; and
(d) if the land is occupied by a person other than the owner—the
occupier;
a written notice requesting that the tree be cut down or lopped, or
that the undergrowth or vegetation be cleared, as the case may be,
in the manner, and within the period, specified in the notice.
(2) The carrier may only engage in those activities if the request is not
complied with.
(3) A person may waive the person’s right to be given a notice under
subclause (1).
(3A) Subclauses (1) and (2) do not apply if:
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(a) the carrier intends to engage in an activity under Division 2,
3 or 4 in relation to the installation, proposed installation or
maintenance of a temporary defence facility; and
(b) the carrier considers that compliance with subclause (1) is
impracticable in the circumstances.
(3B) For the purposes of this clause, a temporary defence facility is a
facility of the kind mentioned in paragraph 6(1)(c) of this
Schedule.
(4) Subclauses (1) and (2) do not apply if:
(a) the carrier intends to engage in activities under Division 2
(which deals with inspection of land), 3 (which deals with
installation of facilities) or 4 (which deals with maintenance);
and
(b) those activities need to be carried out without delay in order
to protect:
(i) the integrity of a telecommunications network or a
facility; or
(ii) the health or safety of persons; or
(iii) the environment; or
(iv) property; or
(v) the maintenance of an adequate level of service.
19 Notice to roads authorities, utilities etc.
(1) At least 10 business days before engaging in any of the following
activities under Division 3 or 4:
(a) closing, diverting or narrowing a road or bridge;
(b) installing a facility on, over or under a road or bridge;
(c) altering the position of a water, sewerage or gas main or pipe;
(d) altering the position of an electricity cable or wire;
a carrier must give written notice of its intention to do so to the
person or authority responsible for the care and management of the
road, bridge, main, pipe, cable or wire.
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(2) A person or authority may waive the person’s or authority’s right
to be given a notice under subclause (1).
(2A) Subclause (1) does not apply if:
(a) the carrier intends to engage in an activity under Division 2,
3 or 4 in relation to the installation, proposed installation or
maintenance of a temporary defence facility; and
(b) the carrier considers that compliance with subclause (1) is
impracticable in the circumstances.
(2B) For the purposes of this clause, a temporary defence facility is a
facility of the kind mentioned in paragraph 6(1)(c) of this
Schedule.
(3) Subclause (1) does not apply if:
(a) the carrier intends to engage in activities under Division 2
(which deals with inspection of land), 3 (which deals with
installation of facilities) or 4 (which deals with maintenance);
and
(b) those activities need to be carried out without delay in order
to protect:
(i) the integrity of a telecommunications network or a
facility; or
(ii) the health or safety of persons; or
(iii) the environment; or
(iv) property; or
(v) the maintenance of an adequate level of service.
20 Roads etc. to remain open for passage
If a carrier engages in an activity covered by Division 3, the carrier
must ensure that a facility installed over a road, bridge, path or
navigable water is installed in a way that will allow reasonable
passage by persons, vehicles and vessels.
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Division 6—Facility installation permits
21 Application for facility installation permit
(1) A carrier may apply to the ACMA for a permit authorising the
carrier to carry out the installation of one or more facilities.
(2) The permit is called a facility installation permit.
22 Form of application
An application must be:
(a) in writing; and
(b) in accordance with the form approved in writing by the
ACMA.
23 Application to be accompanied by charge
An application for a facility installation permit must be
accompanied by the charge (if any) fixed by a determination under
section 60 of the Australian Communications and Media Authority
Act 2005 in relation to so much of the ACMA’s expenses in
connection with dealing with the application as do not relate to the
conduct of a public inquiry in relation to the permit.
24 Withdrawal of application
This Division does not prevent the withdrawal of an application
and the submission of a fresh application.
25 Issue of facility installation permit
(1) After considering the application, the ACMA may issue a facility
installation permit authorising the applicant to carry out the
installation of any or all of the facilities specified in the
application.
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(2) The ACMA must not issue a facility installation permit unless the
ACMA has held a public inquiry in relation to the permit.
(3) The ACMA may decide to refuse to issue a facility installation
permit without holding a public inquiry in relation to the permit.
Note: An example of the operation of this subclause would be a case where
the application does not disclose grounds on which the ACMA could
issue the permit.
(4) If the ACMA decides to refuse to issue a facility installation
permit, it must give the applicant a written notice setting out the
decision.
(5) Clause 23 does not prevent a charge from being fixed by a
determination under section 60 of the Australian Communications
and Media Authority Act 2005 in relation to the holding of a public
inquiry in relation to a permit.
26 Deemed refusal of facility installation permit
(1) If:
(a) the ACMA receives an application for a facility installation
permit; and
(b) 10 business days pass and the ACMA has neither:
(i) notified the applicant in writing that the ACMA has
decided to refuse to issue the permit; nor
(ii) notified the applicant in writing that the ACMA has
decided to hold a public inquiry in relation to the
permit;
the ACMA is taken, at the end of that period of 10 business days,
to have decided to refuse to issue the permit.
(2) If:
(a) the ACMA receives an application for a facility installation
permit; and
(b) 65 business days pass and the ACMA has neither:
(i) notified the applicant in writing that the ACMA has
decided to refuse to issue the permit; nor
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(ii) notified the applicant in writing that the ACMA has
decided to issue the permit;
the ACMA is taken, at the end of that period of 65 business days,
to have decided to refuse to issue the permit.
(3) The ACMA may, by written instrument, determine that
subclause (2) has effect, in relation to a specified application for a
facility installation permit, as if a reference in that subclause to 65
business days were a reference to such greater number of business
days, not exceeding 85 business days, as is specified in the
determination. The determination has effect accordingly.
(4) In determining the validity of any action taken by the ACMA
under Part 25 in relation to the holding of a public inquiry in
relation to in a permit, regard must be had to the ACMA’s need to
act with sufficient speed to meet the time limit imposed by
subclause (2).
27 Criteria for issue of facility installation permit
Criteria
(1) The ACMA must not issue a facility installation permit that
authorises a carrier to carry out the installation of one or more
facilities unless the ACMA is satisfied that:
(a) the telecommunications network to which the facilities relate
is, or is likely to be, of national significance; and
(b) the facilities are, or are likely to be, an important part of the
telecommunications network to which the facilities relate;
and
(c) any of the following conditions is satisfied:
(i) the greater part of the infrastructure of the
telecommunications network to which the facilities
relate has already been installed;
(ii) the greater part of the infrastructure of the
telecommunications network to which the facilities
relate has not been installed but each administrative
authority whose approval was required or would, apart
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from Division 3, be required, for the installation of the
greater part of the infrastructure of the network has
given, or is reasonably likely to give, such approval;
(iii) no part of the infrastructure of the telecommunications
network to which the facilities relate has been installed,
but each administrative authority whose approval was
required or would, apart from Division 3, be required,
for the installation of the greater part of the
infrastructure of the network has given, or is reasonably
likely to give, such an approval; and
(d) the advantages that are likely to be derived from the
operation of the facilities in the context of the
telecommunications network to which the facilities relate
outweigh any form of degradation of the environment that is
likely to result from the installation of the facilities; and
(e) in a case where none of the facilities consists of a designated
overhead line—the conditions set out in subclause (2) are
satisfied; and
(f) in a case where any of the facilities consists of a designated
overhead line—all the conditions set out in subclause (2A)
are satisfied; and
(g) where the facility is proposed to be located near a community
sensitive site, including residential areas, childcare centres,
schools, aged care centres, hospitals, playgrounds and
regional icons:
(i) the community has been fully consulted, and wherever
possible, has agreed to the facility; and
(ii) alternative less sensitive sites have been considered; and
(iv) efforts have been made to minimise electromagnetic
radiation exposure to the public.
Conditions relating to facilities other than designated overhead
lines
(2) For the purposes of paragraph (1)(e), the following conditions are
specified:
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(a) the carrier has made reasonable efforts to negotiate in good
faith with:
(i) each proprietor whose approval is required, or would,
apart from Division 3, be required, for carrying out the
installation; and
(ii) each administrative authority whose approval is
required, or would, apart from Division 3, be required,
for carrying out the installation; and
(b) one of the following subparagraphs applies:
(i) at least one approval that is referred to in
subparagraph (a)(i) has not been obtained within 20
business days after the beginning of the negotiations
concerned;
(ii) at least one approval that is referred to in
subparagraph (a)(ii) has not been obtained within 6
months after the beginning of the negotiations
concerned;
(iii) at least one approval that is referred to in paragraph (a)
has been refused.
Conditions relating to facilities consisting of designated overhead
lines
(2A) For the purposes of paragraph (1)(f), the following conditions are
specified:
(a) the carrier has made reasonable efforts to negotiate in good
faith with each proprietor whose approval is required, or
would, apart from Division 3, be required, for carrying out
the installation; and
(b) at least one of those approvals has not been obtained within
20 business days after the beginning of the negotiations
concerned; and
(c) each administrative authority whose approval is required, or
would, apart from Division 3, be required, for the installation
of the line has given such an approval.
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Networks of national significance
(3) In determining the matter set out in paragraph (1)(a), the ACMA
must have regard to the following:
(a) the geographical reach of the network;
(b) the number of customers connected, or likely to be
connected, to the network;
(c) the importance of the network to the national economy;
(d) such other matters (if any) as the ACMA considers relevant.
When facilities are an important part of a network
(4) In determining the matter set out in paragraph (1)(b), the ACMA
must have regard to at least one of the following:
(a) the technical importance of the facilities in the context of the
telecommunications network to which the facilities relate;
(b) the economic importance of the facilities in the context of the
telecommunications network to which the facilities relate;
(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:
(a) the extent to which the installation of the facilities is likely to
promote the long-term interests of end-users of carriage
services or of services supplied by means of carriage
services;
(b) the impact of the installation, maintenance or operation of the
facilities on the environment;
(c) the objective of facilitating the timely supply of efficient,
modern and cost-effective carriage services to the public;
(d) any relevant technical and/or economic aspects of the
installation, maintenance or operation of the facilities in the
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context of the telecommunications network to which the
facilities relate;
(e) whether the installation of the facilities contributes to:
(i) the fulfilment by the applicant of the universal service
obligation; or
(ii) the compliance by the applicant with the obligations
under a contract entered into under section 14 of the
Telecommunications (Consumer Protection and Service
Standards) Act 1999 for a purpose relating to the
achievement of a policy objective set out in
paragraph 13(1)(a) or (b) of that Act; or
(iii) the compliance by the applicant with the terms and
conditions of a grant made under section 14 of the
Telecommunications (Consumer Protection and Service
Standards) Act 1999 for a purpose relating to the
achievement of a policy objective set out in
paragraph 13(1)(a) or (b) of that Act;
(f) whether the installation of the facilities involves co-location
with one or more other facilities;
(g) whether the installation of the facilities facilitates
co-location, or future co-location, with one or more other
facilities;
(h) such other matters (if any) as the ACMA considers relevant.
Long-term interests of end-users
(6) For the purposes of this clause, the question whether a particular
thing promotes the long-term interests of end-users of carriage
services or of services supplied by means of carriage services is to
be determined in the same manner as that question is determined
for the purposes of Part XIC of the Competition and Consumer Act
2010.
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Environmental impact
(7) In determining the matter set out in paragraph (5)(b), the ACMA
must have regard to the following:
(a) whether the installation, maintenance or operation of the
facilities:
(i) is inconsistent with Australia’s obligations under a
listed international agreement; or
(ii) could threaten with extinction, or significantly impede
the recovery of, a threatened species; or
(iii) could put a species of flora or fauna at risk of becoming
a threatened species; or
(iv) could have an adverse effect on a threatened species of
flora or fauna; or
(v) could damage the whole or a part of a habitat of a
threatened species of flora or fauna; or
(vi) could damage the whole or a part of a place, or an
ecological community, that is essential to the continuing
existence of a threatened species of flora or fauna; or
(vii) could threaten with extinction, or significantly impede
the recovery of, a threatened ecological community; or
(viii) could have an adverse effect on a threatened ecological
community; or
(ix) could damage the whole or a part of the habitat of a
threatened ecological community; or
(x) could have an adverse effect on a listed migratory
species (as defined in the Environment Protection and
Biodiversity Conservation Act 1999); or
(xi) will have or is likely to have a significant impact on the
environment in a Commonwealth marine area (as
defined in the Environment Protection and Biodiversity
Conservation Act 1999); or
(xii) will have or is likely to have a significant impact on the
environment on Commonwealth land (as defined in the
Environment Protection and Biodiversity Conservation
Act 1999);
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(b) the visual effect of the facilities on streetscapes and other
landscapes;
(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
(iii) registered under a law of a State or Territory relating to
heritage conservation; or
(iv) of particular significance to Aboriginal persons, or
Torres Strait Islanders, in accordance with their
traditions;
(e) such other matters (if any) as the ACMA considers relevant.
Deemed approvals by administrative authorities
(8) The ACMA may, by written instrument, determine that this clause
has the effect it would have if it were assumed that a specified
administrative authority had given a specified approval for the
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installation of one or more specified facilities. The determination
has effect accordingly.
Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.
Definitions
(9) In this clause:
administrative authority means:
(a) the holder of an office; or
(b) an authority of a State or a Territory; or
(c) a local government body;
performing administrative functions under a law of a State or a
Territory.
approval means an approval or permission (however described).
negotiations includes:
(a) the submission of an application for approval; and
(b) pursuing an application for approval.
proprietor means an owner or occupier of land.
review, in relation to a refusal to give an approval, means a review
on the merits (in other words, a review that is not based on the
grounds that the refusal is contrary to law).
telecommunications network includes a proposed
telecommunications network.
28 Special provisions relating to environmental matters
(1) Chapters 2 and 4 and Divisions 1 to 4 (inclusive) of Part 13 of the
Environment Protection and Biodiversity Conservation Act 1999
do not apply to:
(a) the performance of a function, or the exercise of a power,
conferred on the ACMA by this Division; or
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(b) an action (as defined in that Act) authorised by a facility
installation permit.
(2) Before issuing a facility installation permit, the ACMA must
consult the Environment Secretary.
(5) In this clause:
this Division includes:
(a) Part 25, to the extent that that Part relates to the holding of a
public inquiry in relation to a permit; and
(b) Part 29, to the extent that that Part relates to this Division.
29 Consultation with the ACCC
Before making a decision to issue, or to refuse to issue, a facility
installation permit, the ACMA must consult the ACCC.
30 Facility installation permit has effect subject to this Act
(1) A facility installation permit has effect subject to this Act.
(2) In this clause:
this Act includes the Telecommunications (Consumer Protection
and Service Standards) Act 1999 and regulations under that Act.
31 Duration of facility installation permit
(1) A facility installation permit comes into force when it is issued and
remains in force until the end of the period specified in the permit.
(2) However, the ACMA may, by written notice given to the holder of
a facility installation permit, extend the period specified in the
permit if the ACMA is satisfied that the extension is warranted
because of special circumstances.
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32 Conditions of facility installation permit
(1) A facility installation permit is subject to such conditions as are
specified in the permit.
(2) A condition of a facility installation permit may restrict, limit or
prevent the carrying out of, an activity under Division 3. This
subclause does not, by implication, limit subclause (1).
(3) The following are examples of conditions to which a facility
installation permit may be subject:
(a) a condition requiring the holder to undertake an assessment,
or a further assessment, of the environmental impact of the
installation of the facility concerned;
(b) a condition requiring the holder to consult a particular person
or body in relation to the installation of the facility
concerned;
(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
(1) The ACMA may, by written notice given to the holder of a facility
installation permit, cancel the permit.
(2) In deciding whether to cancel the permit, the ACMA may have
regard to:
(a) any contravention of Division 5; and
(b) any matter which the ACMA was entitled to have regard in
deciding whether to issue a permit.
(3) Subclause (2) does not, by implication, limit the matters to which
the ACMA may have regard.
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35 Review of decisions by Administrative Appeals Tribunal
(1) Applications may be made to the Administrative Appeals Tribunal
for review of a decision of the ACMA under clause 25 or 26 to
refuse to issue a facility installation permit if the ACMA has not
held a public inquiry in relation to the permit.
(2) If the ACMA:
(a) makes a decision of a kind covered by subclause (1); and
(b) gives to the person or persons whose interests are affected by
the decision written notice of the making of the decision;
that notice is to include a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for review of the
decision.
(3) A failure to comply with subclause (2) does not affect the validity
of a decision.
(4) In this clause:
decision has the same meaning as in the Administrative Appeals
Tribunal Act 1975.
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Division 7—Exemptions from State and Territory laws
36 Activities not generally exempt from State and Territory laws
(1) Divisions 2, 3 and 4 do not operate so as to authorise an activity to
the extent that the carrying out of the activity would be inconsistent
with the provisions of a law of a State or Territory.
(2) The rule set out in subclause (1) has effect subject to any
exemptions that are applicable under clause 37.
37 Exemption from State and Territory laws
(1) This clause applies to an activity carried on by a carrier if the
activity is authorised by Division 2, 3 or 4.
(2) The carrier may engage in the activity despite a law of a State or
Territory about:
(a) the assessment of the environmental effects of engaging in
the activity; or
(b) the protection of places or items of significance to Australia’s
natural or cultural heritage; or
(c) town planning; or
(d) the planning, design, siting, construction, alteration or
removal of a structure; or
(e) the powers and functions of a local government body; or
(f) the use of land; or
(g) tenancy; or
(h) the supply of fuel or power, including the supply and
distribution of extra-low voltage power systems; or
(i) a matter specified in the regulations.
(3) Paragraph (2)(b) does not apply to a law in so far as the law
provides for the protection of places or items of significance to the
cultural heritage of Aboriginal persons or Torres Strait Islanders.
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(4) Paragraph (2)(h) does not apply to a law in so far as the law deals
with the supply of electricity at a voltage that exceeds that used for
ordinary commercial or domestic requirements.
38 Concurrent operation of State and Territory laws
It is the intention of the Parliament that, if clause 37 entitles a
carrier to engage in activities despite particular laws of a State or
Territory, nothing in this Division is to affect the operation of any
other law of a State or Territory, so far as that other law is capable
of operating concurrently with this Act.
39 Liability to taxation not affected
This Division does not affect the liability of a carrier to taxation
under a law of a State or Territory.
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Division 8—Miscellaneous
41 Guidelines
(1) In performing a function, or exercising a power, conferred on the
ACMA by this Part, the ACMA must have regard to:
(a) any guidelines in force under subclause (2); and
(b) such other matters as the ACMA considers relevant.
(2) The ACMA may, by written instrument, formulate guidelines for
the purposes of subclause (1).
42 Compensation
(1) If a person suffers financial loss or damage because of anything
done by a carrier under Division 2, 3 or 4 in relation to:
(a) any property owned by the person; or
(b) any property in which the person has an interest;
there is payable to the person by the carrier such reasonable
amount of compensation:
(c) as is agreed between them; or
(d) failing agreement—as is determined by a court of competent
jurisdiction.
(2) Compensation payable under subclause (1) includes, without
limitation, compensation in relation to:
(a) damage of a temporary character as well as of a permanent
character; and
(b) the taking of sand, soil, stone, gravel, timber, water and other
things.
(3) In this clause:
court of competent jurisdiction, in relation to property, means:
(a) the Federal Court; or
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(b) the Supreme Court of the State or Territory in which the
property is situated or was situated at the time of the relevant
loss or damage; or
(c) an inferior court that has jurisdiction:
(i) for the recovery of debts up to an amount not less than
the amount of compensation claimed by the person; and
(ii) in relation to the locality in which the property, or part
of the property, is situated or was situated at the time of
the relevant loss or damage.
inferior court means:
(a) a County Court, District Court or local Court of a State or
Territory; or
(b) a court of summary jurisdiction exercising civil jurisdiction.
43 Power extends to carrier’s employees etc.
If, under a provision of Division 2, 3 or 4, a carrier is empowered
to:
(a) enter on land; or
(b) inspect land; or
(c) occupy land; or
(d) do anything else on, over or under land;
the provision also empowers:
(e) an employee of the carrier; or
(f) a person acting for the carrier under a contract; or
(g) an employee of a person referred to in paragraph (f);
to do that thing.
44 State and Territory laws that discriminate against carriers and
users of carriage services
(1) The following provisions have effect:
(a) a law of a State or Territory has no effect to the extent to
which the law discriminates, or would have the effect
(whether direct or indirect) of discriminating, against a
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particular carrier, against a particular class of carriers, or
against carriers generally;
(b) without limiting paragraph (a), a person is not entitled to a
right, privilege, immunity or benefit, and must not exercise a
power, under a law of a State or Territory to the extent to
which the law discriminates, or would have the effect
(whether direct or indirect) of discriminating, against a
particular carrier, against a particular class of carriers, or
against carriers generally;
(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.
(2) The following provisions have effect:
(a) a law of a State or Territory has no effect to the extent to
which the law discriminates, or would have the effect
(whether direct or indirect) of discriminating, against a
particular eligible user, against a particular class of eligible
users, or against eligible users generally;
(b) without limiting paragraph (a), a person is not entitled to a
right, privilege, immunity or benefit, and must not exercise a
power, under a law of a State or Territory to the extent to
which the law discriminates, or would have the effect
(whether direct or indirect) of discriminating, against a
particular eligible user, against a particular class of eligible
users, or against eligible users generally;
(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 eligible user, against a particular class of eligible
users, or against eligible users generally.
(3) For the purposes of this clause, if a carriage service is, or is
proposed to be, supplied to a person by means of a controlled
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network, or a controlled facility, of a carrier, the person is an
eligible user.
(4) The Minister may, by legislative instrument, exempt a specified
law of a State or Territory from subclause (1).
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
(5) The Minister may, by legislative instrument, exempt a specified
law of a State or Territory from subclause (2).
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
(6) An exemption under subclause (4) or (5) may be unconditional or
subject to such conditions (if any) as are specified in the
exemption.
Note: The following are examples of a law of a State or Territory:
(a) a provision of a State or Territory Act;
(b) a provision of a legislative instrument made under a State or Territory Act.
45 State and Territory laws may confer powers and immunities on
carriers
It is the intention of the Parliament that this Part is not to be
construed as preventing a law of a State or Territory from
conferring powers or immunities on carriers, so long as that law is
capable of operating concurrently with this Act.
46 ACMA may limit tort liability in relation to the supply of certain
carriage services
(1) The ACMA may, by legislative instrument, impose limits on
amounts recoverable in tort in relation to acts done, or omissions
made, in relation to the supply of specified carriage services.
Note: For specification by class, see subsection 13(3) of the Legislation Act
2003.
(2) An instrument under subclause (1) has effect accordingly.
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(3) A limit imposed by an instrument under subclause (1) may be
expressed to apply in relation to:
(a) the total of the amounts that can be recovered in relation to a
single event; or
(b) the total of the amounts that can be recovered by a particular
plaintiff in relation to a single event.
(4) An instrument under subclause (1) may impose a limit expressed
as:
(a) a dollar amount; or
(b) a method of calculating an amount.
(5) Subclauses (3) and (4) do not, by implication, limit subclause (1).
(6) This clause does not apply to a cause of action under Part 5 of the
Telecommunications (Consumer Protection and Service Standards)
Act 1999 (which deals with the customer service guarantee).
(7) This clause does not apply to a cause of action under clause 42
(which deals with compensation for loss or damage resulting from
a carrier’s activities under Division 2, 3 or 4).
47 Ownership of facilities
Unless the circumstances indicate otherwise, a facility, or a part of
a facility, that is supplied, installed, maintained or operated by a
carrier remains the property of its owner:
(a) in any case—whether or not it has become (either in whole or
in part), a fixture; and
(b) in the case of a network unit—whether or not a nominated
carrier declaration is in force in relation to the network unit.
48 ACMA may inform the public about designated overhead lines,
telecommunications transmission towers and
underground facilities
(1) The ACMA may inform members of the public about the kinds and
location of:
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(a) designated overhead lines; and
(b) telecommunications transmission towers; and
(c) underground facilities.
(2) In performing the function conferred on the ACMA by
subclause (1), the ACMA must have regard to the following
matters:
(a) if:
(i) the ACMA is satisfied that a body or association
represents carriers; and
(ii) the body or association has given the ACMA a written
statement setting out the body’s or association’s views
about how the ACMA should perform that function;
the views set out in the statement;
(b) the legitimate business interests of carriers;
(c) the objective of safeguarding national security;
(d) the privacy of end-users of carriage services supplied by
means of the lines, towers or facilities concerned.
(3) Subclause (2) does not, by implication, limit the matters to which
the ACMA may have regard.
(4) Clauses 40 and 41 do not apply to the function conferred on the
ACMA by subclause (1).
(5) In this clause:
telecommunications transmission tower means:
(a) a tower; or
(b) a pole; or
(c) a mast; or
(d) a similar structure;
used to supply a carriage service by means of
radiocommunications.
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50 Monitoring of progress in relation to placing facilities
underground
The ACMA is to monitor, and report to the Minister on, progress in
relation to the implementation of efforts to place facilities
underground.
51 Removal of certain overhead lines
(1) If:
(a) an overhead line (the eligible overhead line) is attached to a
pole (the first pole); and
(b) the eligible overhead line, or a portion of the eligible
overhead line, is suspended between the first pole and
another pole (the second pole); and
(c) the installation of the eligible overhead line was or is
authorised by:
(i) this Act; or
(ii) section 116 of the Telecommunications Act 1991; or
(iii) Division 3 of Part 7 of the Telecommunications Act
1991; or
(iv) a repealed law of the Commonwealth; and
(d) there is also attached to the first pole one or more other
overhead cables, where at least one of the other overhead
cables is a non-communications cable; and
(e) each of the non-communications cables is permanently
removed (either simultaneously or over a period) and is not
replaced;
the owner of the eligible overhead line must, within 6 months after
the completion of the last of the removals referred to in
paragraph (e), permanently remove so much of the eligible
overhead line as is suspended between the first pole and the second
pole.
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(2) If:
(a) there is a local government body for the area in which the
first pole is situated; and
(b) there is no prescribed administrative authority for the State or
Territory in which the first pole is situated;
the local government body may, by writing:
(c) exempt the owner of the eligible overhead line from
compliance with subclause (1) in relation to the first pole; or
(d) extend the period of 6 months mentioned in subclause (1) for
the purposes of the application of subclause (1) to the owner
of the eligible overhead line and to the first pole.
(3) If there is a prescribed administrative authority for the State or
Territory in which the first pole is situated, the prescribed
administrative authority may, by writing:
(a) exempt the owner of the eligible overhead line from
compliance with subclause (1) in relation to the first pole; or
(b) extend the period of 6 months mentioned in subclause (1) for
the purposes of the application of subclause (1) to the owner
of the eligible overhead line and to the first pole.
(4) If:
(a) there is no local government body for the area in which the
first pole is situated; and
(b) there is no prescribed administrative authority for the State or
Territory in which the first pole is situated;
the regulations may make provision for and in relation to:
(c) the exemption of the owner of the eligible overhead line from
compliance with subclause (1) in relation to the first pole;
and
(d) the extension of the period of 6 months mentioned in
subclause (1) for the purposes of the application of
subclause (1) to the owner of the eligible overhead line and
to the first pole.
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(5) Regulations made for the purposes of subclause (4) may make
provision with respect to a matter by conferring a power on the
ACMA.
(6) This clause does not prevent 2 or more instruments under
subclause (2) or (3) from being combined in the same document.
(7) In this clause:
administrative authority means:
(a) the holder of an office; or
(b) an authority of a State or a Territory;
that performs administrative functions under a law of a State or a
Territory.
line includes a disused line.
non-communications cable means an overhead cable (other than a
line).
overhead cable means a wire or cable that is suspended above the
surface of:
(a) land (other than submerged land); or
(b) a river, lake, tidal inlet, bay, estuary, harbour or other body of
water.
overhead line means a line that is suspended above the surface of:
(a) land (other than submerged land); or
(b) a river, lake, tidal inlet, bay, estuary, harbour or other body of
water.
prescribed administrative authority, in relation to a State or a
Territory, means an administrative authority that:
(a) performs administrative functions under a law of the State or
the Territory; and
(b) is specified in the regulations.
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General provisions Part 1
Miscellaneous Division 8
Clause 52
52 Commonwealth laws not displaced
Divisions 2, 3 and 4 do not authorise a carrier to engage in an
activity contrary to the requirements of another law of the
Commonwealth.
53 Subdivider to pay for necessary alterations
If:
(a) it becomes necessary, in the opinion of a carrier, because of
the subdivision of any land, to remove, or alter the position
of, a facility on, over or under the land; and
(b) the carrier incurs costs in connection with anything
reasonably done in connection with the removal or alteration;
the person who subdivided the land is liable to pay to the carrier so
much of those costs as is reasonable, and that amount may be
recovered in a court of competent jurisdiction as a debt due to the
carrier.
54 Service of notices
(1) If:
(a) a carrier is unable, after diligent inquiry, to find out who
owns particular land; or
(b) a carrier is unable to serve a notice under this Part on the
owner of land either personally or by post;
the carrier may serve a notice under this Part on the owner of the
land by publishing a copy of the notice in a newspaper circulating
in a district in which the land is situated and:
(c) if the land is occupied—serving a copy of the notice on the
occupier; or
(d) if the land is not occupied—attaching, if practicable, a copy
of the notice to a conspicuous part of the land.
(2) If a carrier is unable, after diligent inquiry, to find out:
(a) whether particular land is occupied; or
(b) who occupies particular land;
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Part 1 General provisions
Division 8 Miscellaneous
Clause 54
the carrier may treat the land as unoccupied land.
(3) If a carrier is unable to serve a notice under this Part on the
occupier of land either personally or by post, the carrier may serve
a notice under this Part on the occupier by:
(a) publishing a copy of the notice in a newspaper circulating in
a district in which the land is situated; and
(b) attaching, if practicable, a copy of the notice to a conspicuous
part of the land.
(4) This clause does not affect the operation of any other law of the
Commonwealth, or of any law of a State or Territory, that
authorises the service of a document otherwise than as provided in
this clause.
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Transitional provisions Part 2
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:
(a) the standards applicable to:
(i) the design; or
(ii) the manner of the construction;
of a building, structure or facility; or
(b) the approval of the construction of a building, structure or
facility; or
(c) the occupancy, or use, of a building, structure or facility; or
(d) the alteration or demolition of a building, structure or facility;
does not apply to a building, structure or facility that is owned or
operated by a carrier to the extent that the construction, alteration
or demolition of the building, structure or facility was or is
authorised by:
(e) section 116 of the Telecommunications Act 1991; or
(f) Division 3 of Part 7 of the Telecommunications Act 1991; or
(g) a repealed law of the Commonwealth.
61 Existing buildings, structures and facilities—application of the
common law
A rule of the common law that relates to trespass does not apply to
the continued existence of a building, structure or facility that is
owned or operated by a carrier to the extent that the construction or
alteration of the building, structure or facility was or is authorised
by:
(a) section 116 of the Telecommunications Act 1991; or
(b) Division 3 of Part 7 of the Telecommunications Act 1991; or
(c) a repealed law of the Commonwealth.
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Part 3 Compensation for acquisition of property
Clause 62
Part 3—Compensation for acquisition of property
62 Compensation for acquisition of property
(1) If:
(a) either of the following would result in an acquisition of
property from a person:
(i) anything done by a carrier under, or because of, this
Schedule;
(ii) the existence of rights conferred on a carrier under, or
because of, this Schedule in relation to a building,
structure or facility owned or operated by the carrier;
and
(b) the acquisition of property would not be valid, apart from this
clause, because a particular person had not been
compensated;
the carrier must pay that person:
(c) a reasonable amount of compensation agreed on between the
person and the carrier; or
(d) failing agreement—a reasonable amount of compensation
determined by a court of competent jurisdiction.
(2) In assessing compensation payable under this clause arising out of
an event, the following must be taken into account:
(a) any compensation obtained by the person as a result of an
agreement between the person and the carrier otherwise than
under this clause but arising out of the same event;
(b) any damages or compensation recovered by the person from
the carrier, or other remedy given, in a proceeding begun
otherwise than under this clause but arising out of the same
event.
(3) This clause does not limit the operation of clause 42.
(4) In this clause:
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acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
63 Application of this Part
This Part applies in relation to:
(a) anything done by a carrier under, or because of, this Schedule
after the commencement of Schedule 2 to the
Telecommunications and Other Legislation Amendment
(Protection of Submarine Cables and Other Measures) Act
2005; and
(b) the existence of rights:
(i) in relation to a building, structure or facility owned or
operated by a carrier; and
(ii) that are conferred on a carrier under, or because of, this
Schedule on or after the commencement of Schedule 2
to the Telecommunications and Other Legislation
Amendment (Protection of Submarine Cables and Other
Measures) Act 2005.
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Schedule 3A Protection of submarine cables
Part 1 Preliminary
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:
• This Schedule regulates the installation of certain submarine
cables that are connected to places in Australia.
• The ACMA may declare protection zones in relation to
submarine cables. In a protection zone, certain activities are
prohibited and restrictions may be imposed on other activities.
• Carriers who intend to install certain submarine cables in
certain Australian waters must apply for a permit to do so
from the ACMA.
2 Definitions
(1) In this Schedule, unless the contrary intention appears:
Aboriginal person means a person of the Aboriginal race of
Australia.
advisory committee means an advisory committee established by
section 58 of the Australian Communications and Media Authority
Act 2005.
Attorney-General’s Department means the Department
administered by the Attorney-General.
Australia, when used in a geographical sense, includes all of the
external Territories.
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Note: Australia has a different meaning in this Schedule from the meaning it
has elsewhere in this Act.
Australian national means:
(a) an Australian citizen; or
(b) a body corporate established by, or under, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(c) the Commonwealth; or
(d) a State; or
(e) a Territory.
Australian ship means a ship other than a foreign ship.
Australian waters means:
(a) the waters of the territorial sea of Australia; and
(b) the waters of the exclusive economic zone of Australia; and
(c) the sea above that part of the continental shelf of Australia
that is beyond the limits of the exclusive economic zone.
Note: Australia, when used in this definition, includes all of the external
territories.
business day means a day on which the ACMA is open for
business in both:
(a) Victoria; and
(b) the Australian Capital Territory.
cetacean has the same meaning as in the Environment Protection
and Biodiversity Conservation Act 1999.
coastal waters:
(a) of a State, means that part of the sea that is included in the
coastal waters of the State within the meaning of the Coastal
Waters (State Powers) Act 1980; and
(b) of the Northern Territory, means that part of the sea that is
included in the coastal waters of the Territory within the
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meaning of the Coastal Waters (Northern Territory Powers)
Act 1980.
Commonwealth marine area has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
Commonwealth regulatory approval, in relation to the installation
of a submarine cable or cables, means an approval (however
described) that:
(a) relates to the installation of the cable or cables; and
(b) is required under:
(i) the Environment Protection and Biodiversity
Conservation Act 1999; or
(ii) any other law of the Commonwealth (other than this
Schedule).
conduct means an act, an omission to perform an act or a state of
affairs.
declared Ramsar wetland has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
declared World Heritage property has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
domestic submarine cable means that part of a line link (within the
meaning of section 30):
(a) that is laid on or beneath the seabed that lies beneath
Australian waters; and
(b) that is laid for purposes that include connecting a place in
Australia with another place in Australia (whether or not the
cable is laid via a place outside Australia); and
(c) that is connected to a place in Australia;
and includes any device attached to that part of the line link, if the
device is used in or in connection with the line link, but does not
include an international submarine cable.
Note 1: Any part of a line link that is laid elsewhere than on or beneath the
Australian seabed, and any device attached to such part of a line link,
is not a domestic submarine cable for the purposes of this Schedule.
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Note 2: See also subclause (3).
ecological character has the same meaning as in the Environment
Protection and Biodiversity Conservation Act 1999.
ecological community has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
engage in conduct means to do an act or omit to do an act.
environment has the same meaning as in the Environment
Protection and Biodiversity Conservation Act 1999.
Environment Secretary means the Secretary of the Department
administered by the Minister who is for the time being responsible
for administering the Environment Protection and Biodiversity
Conservation Act 1999.
foreign national means a person who is not an Australian national.
foreign ship has the same meaning as in the Customs Act 1901.
installation, in relation to a submarine cable, includes:
(a) the laying of the cable on or beneath the seabed; and
(b) the attachment of the cable to any other cable or thing; and
(c) any activity that is ancillary or incidental to the installation of
the cable (for this purpose, installation includes an activity
covered by paragraph (a) or (b)).
international agreement means:
(a) a convention to which Australia is a party; or
(b) an agreement or arrangement between Australia and a foreign
country;
and includes, for example, an agreement, arrangement or
understanding between a Minister and an official or authority of a
foreign country.
international submarine cable means that part of a line link
(within the meaning of section 30):
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(a) that is laid on or beneath the seabed that lies beneath
Australian waters; and
(b) that is laid for purposes that include connecting a place in
Australia with a place outside Australia (whether or not the
cable is laid via another place in Australia); and
(c) that is connected to a place in Australia;
and includes any device attached to that part of the line link, if the
device is used in or in connection with the line link.
Note 1: Any part of a line link that is laid elsewhere than on or beneath the
Australian seabed, and any device attached to such part of a line link,
is not an international submarine cable for the purposes of this
Schedule.
Note 2: See also subclause (4).
listed international agreement means any of the following:
(a) an agreement that is a listed international agreement for the
purposes of Schedule 3;
(b) an international agreement specified in regulations made for
the purposes of this definition.
listed marine species has the same meaning as in the Environment
Protection and Biodiversity Conservation Act 1999.
listed migratory species has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
listed threatened species has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
National Heritage List has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
National Heritage value has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999.
non-protection zone installation permit means a permit under
Division 3 of Part 3 of this Schedule.
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protection zone means a protection zone declared by the ACMA
under clause 4.
protection zone installation permit means a permit under
Division 2 of Part 3 of this Schedule.
security has the same meaning as in the Australian Security
Intelligence Organisation Act 1979.
ship means any kind of vessel used in navigation by water,
however propelled or moved.
submarine cable means:
(a) a domestic submarine cable; or
(b) an international submarine cable.
Note: See also subclause (5).
threatened ecological community means an ecological community
that is included in the list of threatened ecological communities
kept under Division 1 of Part 13 of the Environment Protection
and Biodiversity Conservation Act 1999.
threatened species means a species that is included in one of the
following categories of the list of threatened species kept under
Division 1 of Part 13 of the Environment Protection and
Biodiversity Conservation Act 1999:
(a) extinct in the wild;
(b) critically endangered;
(c) endangered;
(d) vulnerable.
Torres Strait Islander means a descendant of an indigenous
inhabitant of the Torres Strait Islands.
world heritage values has the same meaning as in the Environment
Protection and Biodiversity Conservation Act 1999.
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(2) A reference in this Schedule to the location of a submarine cable
includes, in relation to a submarine cable that is not yet installed, a
reference to the proposed location of the submarine cable.
(3) A reference in this Schedule to a domestic submarine cable
includes a reference to a part of a domestic submarine cable.
(4) A reference in this Schedule to an international submarine cable
includes a reference to a part of an international submarine cable.
(5) A reference in this Schedule to a submarine cable includes a
reference to a part of a submarine cable.
2A Extension to offshore areas
Section 11 has effect, in relation to this Schedule, as if the
reference in paragraph (1)(b) of that section to each of the eligible
Territories were a reference to each of the external Territories.
2B Submarine cable installed in a protection zone
For the purposes of this Schedule, in determining whether a
submarine cable is in, or is installed in, a protection zone, it is
immaterial whether the cable is the cable, or any of the cables, in
relation to which the protection zone was declared.
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Protection zones Part 2
Simplified outline Division 1
Clause 3
Part 2—Protection zones
Division 1—Simplified outline
3 Simplified outline
The following is a simplified outline of this Part:
• The ACMA may declare a protection zone in relation to a
submarine cable installed in Australian waters.
• The ACMA must consult with an advisory committee, with
the Environment Secretary and with the public before it
declares a protection zone.
• Certain activities are prohibited in the zone and restrictions
may be imposed on other activities in the zone.
• It is an offence for a person to damage a submarine cable in a
protection zone, to engage in an activity that is prohibited in a
protection zone, or to contravene any restrictions imposed on
an activity in a protection zone.
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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
(1) The ACMA may, by legislative instrument, declare a protection
zone in relation to one or more submarine cables, or one or more
submarine cables that are proposed to be installed, in Australian
waters.
(1A) The ACMA must not declare a protection zone in relation to one or
more domestic submarine cables, or one or more domestic
submarine cables that are proposed to be installed, unless:
(a) the cable or cables are specified in the regulations; or
(b) the route or routes of the proposed cable or cables are
specified in the regulations.
(2) Before the ACMA declares a protection zone, the ACMA must
comply with Subdivision B.
Note: Subdivision B requires the ACMA to develop a proposal for the
protection zone and to consult about the proposal, and to satisfy other
prerequisites.
5 Declaration on ACMA’s initiative or in response to request
A declaration of a protection zone may be made:
(a) on the ACMA’s own initiative; or
(b) at the request of a person.
6 Response to a request to declare a protection zone
ACMA decides to develop a proposal
(1) If:
(a) a person requests the ACMA to declare a protection zone;
and
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(b) the ACMA decides to develop a proposal for a protection
zone in response to the request;
the ACMA must give the person a copy of its proposal.
ACMA decides not to develop a proposal
(2) If:
(a) a person requests the ACMA to declare a protection zone;
and
(b) the ACMA decides not to develop a proposal for a protection
zone in response to the request;
the ACMA must notify the person in writing of the ACMA’s
decision and the reasons for the decision.
7 Decision not to declare a requested protection zone or to declare a
different protection zone
No declaration
(1) If:
(a) a person requests the ACMA to declare a protection zone;
and
(b) the ACMA develops a proposal for the protection zone in
response to the request; and
(c) the ACMA decides not to declare the protection zone;
the ACMA must notify the person in writing of the ACMA’s
decision and the reasons for the decision.
Declaration different from request
(2) If:
(a) a person requests the ACMA to declare a protection zone;
and
(b) the ACMA develops a proposal for the protection zone in
response to the request; and
(c) the ACMA declares a protection zone that is different from
the requested protection zone;
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the ACMA must give the person a copy of the declaration, together
with a written statement setting out the ACMA’s reasons for
declaring a protection zone that is different from the requested
protection zone.
8 Location of submarine cable to be specified in declaration
(1) A declaration of a protection zone:
(a) must specify a nominal location for the cable or cables in all
Australian waters in which the cable is installed; and
(b) must not specify a location for the cable or cables outside
Australian waters.
(2) The location must be expressed in geographic coordinates and
must include the geodetic datum to which the coordinates refer.
9 Area of a protection zone
Area is as set out in this clause unless declaration specifies
otherwise
(1) Unless the ACMA specifies otherwise in the declaration of a
protection zone, the protection zone in relation to:
(a) one submarine cable—is the area set out in subclause (2); and
(b) more than one submarine cable—is the area set out in
subclause (4).
Protection zone in relation to only one submarine cable
(2) The protection zone in relation to one submarine cable:
(a) consists of so much of the following as is Australian waters:
(i) the area within 1,852 metres either side of the points on
the surface of the sea above the nominal location of the
cable; and
(ii) the waters beneath that area; and
(b) the seabed and subsoil beneath that area.
Note: If a cable leaves one area of Australian waters and subsequently enters
another area of Australian waters, subclause (2) has the effect that the
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protection zone in relation to that cable covers both areas of
Australian waters.
(3) A declaration of a protection zone in relation to one submarine
cable has no effect to the extent that it covers an area outside the
area described in subclause (2).
Protection zone in relation to more than one submarine cable
(4) The protection zone in relation to more than one submarine cable:
(a) consists of so much of the following as is Australian waters:
(i) the area between the nominal location of the cables; and
(ii) the area within 1,852 metres from the outside edge of
the points on the surface of the sea above the nominal
location of each of the two outermost cables; and
(iii) the waters beneath those areas; and
(b) the seabed and subsoil beneath those areas.
Note: If a cable leaves one area of Australian waters and subsequently enters
another area of Australian waters, subclause (4) has the effect that the
protection zone in relation to that cable covers both areas of
Australian waters.
(5) A declaration of a protection zone in relation to more than one
submarine cable has no effect to the extent that it covers an area
outside the area described in subclause (4).
Nominal location
(6) In this clause:
nominal location, of a submarine cable or cables, means the
nominal location specified in the declaration of the protection zone
in relation to the cable or cables.
10 Prohibited activities
(1) A declaration of a protection zone may specify activities that are
prohibited in the protection zone.
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(2) If a declaration of a protection zone does not specify activities that
are prohibited in the protection zone, the activities specified in
subclause (4) are prohibited.
(3) An activity which is specified in a declaration of a protection zone
must be an activity that is covered by subclause (4).
(4) This subclause covers the following activities:
(a) the use of:
(i) trawl gear that is designed to work on or near the seabed
(for example, a demersal trawn( � or
(ii) a net anchored to the seabed and kept upright by floats
(for example, a demersal gillnet); or
(iii) a fishing line that is designed to catch fish at or near the
seabed (for example, a demersal line); or
(iv) a dredge; or
(v) a pot or trap; or
(vi) a squid jig; or
(vii) a seine; or
(viii) a structure moored to the seabed with the primary
function of attracting fish for capture (for example, a
fish aggregating device);
(b) towing, operating, or suspending from a ship:
(i) any item mentioned in paragraph (a); or
(ii) a net, line, rope, chain or any other thing used in
connection with fishing operations;
(c) lowering, raising or suspending an anchor from a ship;
(d) sand mining;
(e) exploring for or exploiting resources (other than marine
species);
(f) mining or the use of mining techniques;
(g) any activity that involves a serious risk that an object will
connect with the seabed, if a connection between the object
and a submarine cable would be capable of damaging the
cable;
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(h) an activity specified in the regulations, being an activity that,
if done near a submarine cable, would involve a serious risk
of damaging the cable.
(5) However, subclause (4) does not cover an activity if:
(a) the activity is carried on by, or on behalf of, a person who
owns or operates a submarine cable in the protection zone;
and
(b) the activity consists of the maintenance or repair of the
submarine cable.
11 Restricted activities
(1) A declaration of a protection zone may specify restrictions that are
imposed in the protection zone on activities in the protection zone.
(2) An activity on which restrictions are imposed must be an activity
that is covered by subclause (3).
(3) This subclause covers the following activities:
(a) the use of:
(i) a net that is above the seabed at all times; or
(ii) lures or baits attached to a line towed behind a ship;
(b) towing, operating, or suspending from a ship:
(i) any item mentioned in paragraph (a); or
(ii) a net, line, rope, chain or any other thing used in
connection with fishing operations;
(c) fishing using a line;
(d) installing, maintaining or removing an electricity cable, an oil
or gas pipeline, any like cables or pipelines and any
associated equipment;
(e) constructing, maintaining or removing an installation for the
use of ships;
(f) constructing or maintaining navigational aids;
(g) any activity that involves a risk that an object will connect
with the seabed, if a connection between the object and a
submarine cable would be capable of damaging the cable;
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(h) an activity specified in the regulations, being an activity that,
if done near a submarine cable, could involve a risk of
damaging the cable.
(4) However, subclause (3) does not cover an activity if:
(a) the activity is carried on by, or on behalf of, a person who
owns or operates a submarine cable in the protection zone;
and
(b) the activity consists of the maintenance or repair of the
submarine cable.
12 Conditions
(1) A declaration of a protection zone may be subject to any conditions
that the ACMA considers appropriate.
(2) Those conditions must be specified in the declaration.
13 When a declaration takes effect
(1) A declaration of a protection zone takes effect at the time specified
by the ACMA.
(2) If a declaration relates only to a submarine cable or cables that are
not yet installed, the ACMA must not specify a time before the
time that the ACMA is satisfied that installation of the cable or
cables will begin.
14 Duration of declaration
(1) A declaration of a protection zone continues in effect until the
ACMA revokes it.
(2) To avoid doubt, a declaration continues in effect even if the
submarine cable or cables in the protection zone have ceased to
operate.
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Subdivision B—Prerequisites to declaration of a protection
zone
15 ACMA to develop a proposal for a protection zone
(1) Before the ACMA declares a protection zone in relation to one or
more submarine cables, or one or more submarine cables that are
proposed to be installed, the ACMA must develop a proposal for
the protection zone.
(2) The proposal must include:
(a) the nominal location of the submarine cable or cables in
Australian waters; and
(b) if the area of the proposed protection zone is different from
the area under clause 9—details of the location and
dimensions of the proposed protection zone; and
(c) details of the activities to be prohibited in the proposed
protection zone; and
(d) details of the restrictions that are to be imposed on activities
in the proposed protection zone.
(3) A proposal developed under subsection (1) is not a legislative
instrument.
16 ACMA to refer proposal to advisory committee
(1) The ACMA must refer a proposal developed under clause 15 to an
advisory committee.
Note: See clause 49 for requirements that relate to advisory committees.
(2) The advisory committee may make recommendations in relation to
the proposal.
(3) If the advisory committee does not make recommendations in
relation to the proposal, the committee must give the ACMA a
statement setting out the opinion of each committee member in
relation to the proposal.
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17 ACMA to publish proposal etc.
Scope
(1) This clause applies to a proposal developed under clause 15.
Publication
(2) The ACMA must:
(a) publish the proposal on the ACMA’s website; and
(b) invite public submissions on the proposal.
Provision of copy of proposal
(3) If a person requests the ACMA to give the person a copy of the
proposal, the ACMA must give the person a copy of the proposal
within 2 business days after the day on which the ACMA received
the request.
(4) However, subclause (3) does not apply if the ACMA has:
(a) declared the protection zone to which the proposal relates; or
(b) decided not to declare the protection zone to which the
proposal relates.
(5) If the person requests that a copy of the proposal be given in
electronic form, the ACMA may give the copy in electronic form.
(6) The ACMA is not entitled to impose a charge for giving the person
a copy of the proposal.
17A ACMA to publish summary of proposal
Scope
(1) This clause applies to a proposal developed under clause 15.
Publication
(2) The ACMA must:
(a) prepare a summary of the proposal; and
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(b) publish the summary:
(i) in the Gazette; and
(ii) on the ACMA’s website; and
(iii) in a newspaper circulating generally in each State, the
Australian Capital Territory and the Northern Territory;
and
(iv) if an external Territory is affected by the proposal—in a
newspaper circulating generally in the external
Territory.
(3) The summary of the proposal must include information about how
people can:
(a) access the proposal on the ACMA’s website; and
(b) request a copy of the proposal under subclause 17(3).
18 Cable must be a submarine cable of national significance
(1) The ACMA must not declare a protection zone in relation to one or
more submarine cables unless the ACMA is satisfied that the cable,
or each cable, is or will be a cable of national significance.
(2) For the purposes of subclause (1) if:
(a) a cable is specified in regulations made for the purposes of
subclause 4(1A); or
(b) a route of a cable is specified in regulations made for the
purposes of subclause 4(1A);
the cable is taken to be of national significance.
19 Consultation with Environment Secretary
(1) The ACMA must not declare a protection zone in relation to one or
more submarine cables unless the ACMA has consulted with the
Environment Secretary in relation to the proposal for the protection
zone.
(2) The ACMA must have regard to any advice or recommendations
provided by the Environment Secretary in relation to the proposal.
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20 Matters the ACMA must have regard to
In deciding whether to declare a protection zone in relation to one
or more submarine cables, the ACMA must have regard to:
(a) the recommendations or statement of opinions of the
advisory committee that considered the proposal for the
protection zone; and
(b) any submissions received from the public about the proposal
for the protection zone; and
(c) the objective of facilitating the supply of efficient, modern
and cost-effective carriage services to the public; and
(d) if the proposed protection zone relates to a submarine cable
that is not yet installed—the impact of the installation on the
environment; and
(e) if the proposed protection zone relates to a submarine cable
that is not yet installed—any relevant technical and economic
aspects of the installation; and
(f) if the proposed protection zone relates to a submarine cable
that is not yet installed—whether the submarine cable is to be
co-located with an existing submarine cable or cables; and
(g) if the proposed protection zone relates to a submarine cable
that is not yet installed—the economic and social benefits
that are likely to result from the installation of the cable; and
(h) any other matters that the ACMA considers relevant.
21 Environment and heritage considerations
For the purposes of paragraph 20(d) of this Schedule, the ACMA
must have regard to:
(a) whether the installation, maintenance or operation of the
submarine cable:
(i) is inconsistent with Australia’s obligations under a
listed international agreement; or
(ii) could have an adverse effect on a listed threatened
species or threatened ecological community, or impede
the recovery of a listed threatened species or threatened
ecological community; or
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(iii) could have an adverse effect on a listed marine species;
or
(iv) could have an adverse effect on the environment,
including the environment within a Commonwealth
marine area; or
(v) could have an adverse effect on cetaceans; or
(vi) could have an adverse effect on a listed migratory
species; or
(vii) could have an adverse effect on the National Heritage
values of a place included in the National Heritage List;
or
(viii) could have an adverse effect on the ecological character
of a declared Ramsar wetland; or
(ix) could have an adverse effect on the world heritage
values of a declared World Heritage property; or
(x) could have an adverse effect on a place that Australia is
required to protect by the terms of a listed international
agreement; or
(xi) could have an adverse effect on an area that, under the
law of the Commonwealth, a State or a Territory, is
reserved wholly or principally for marine conservation
purposes (however described); or
(xii) could have an adverse effect on an area that, under a law
of the Commonwealth, a State or a Territory, is
protected from significant environmental disturbance;
and
(b) whether the submarine cable is to be installed at or near an
area or thing that is of particular significance to Aboriginal
persons, or Torres Strait Islanders, in accordance with their
traditions; and
(c) such other matters (if any) as the ACMA considers relevant.
22 Deadline for final decision about protection zone
If the ACMA publishes a proposal for a protection zone under
clause 17, the ACMA’s decision whether or not to declare the
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protection zone must be made as soon as practicable, and in any
event within 12 months, after the day on which the proposal was
published.
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Clause 23
Division 3—Varying or revoking a declaration of a
protection zone
Subdivision A—Variation or revocation
23 ACMA may vary or revoke a declaration of a protection zone
(1) The ACMA may, by legislative instrument, vary or revoke a
declaration of a protection zone.
Note: Clause 48 requires a carrier to notify the ACMA if a submarine cable
ceases to be used.
(2) Before the ACMA varies or revokes a declaration of a protection
zone, the ACMA must comply with Subdivision B.
Note: Subdivision B requires the ACMA to develop a variation or
revocation proposal and to consult about the proposal.
24 Variation or revocation on ACMA’s initiative or in response to
request
A variation or revocation of a declaration of a protection zone may
be made:
(a) on the ACMA’s own initiative; or
(b) at the request of a person.
25 ACMA to notify affected carrier of request to vary or revoke a
declaration
If a person requests the ACMA to vary or revoke a declaration of a
protection zone, the ACMA must, as soon as practicable, give
details of the request to each carrier who is responsible for a
submarine cable or cables in the protection zone.
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26 Response to a request to vary or revoke a declaration
ACMA decides to develop a variation or revocation proposal
(1) If:
(a) a person requests the ACMA to vary or revoke a declaration
of a protection zone; and
(b) the ACMA decides to develop a variation or revocation
proposal in response to the request;
the ACMA must:
(c) give the person a copy of its proposal; and
(d) if the proposal differs from what the person requested—
notify the person in writing of the reasons for the difference.
ACMA decides not to develop a variation or revocation proposal
(2) If:
(a) a person requests the ACMA to vary or revoke a declaration
of a protection zone; and
(b) the ACMA decides not to develop a proposal to vary or
revoke a declaration of a protection zone in response to the
request;
the ACMA must notify the person in writing of the ACMA’s
decision and the reasons for the decision.
27 Decision not to vary or revoke a declaration after a request to do
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:
(a) decides not to vary or revoke the declaration; or
(b) decides to vary the declaration in a way different from that
requested; or
(c) decides to vary the declaration when revocation was
requested; or
(d) decides to revoke the declaration when variation was
requested;
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the ACMA must notify the person in writing of the ACMA’s
decision and the reasons for the decision.
28 When a variation or revocation takes effect
A variation or revocation of a declaration of a protection zone
takes effect at the time specified by the ACMA.
29 Protection zone as varied must not exceed permitted area
Subclauses 9(3) and (5) (about the area of a protection zone)
continue to apply in relation to a declaration of a protection zone
that is varied under this Division.
Subdivision B—Prerequisites to variation or revocation of
declaration
30 ACMA to develop a variation or revocation proposal
(1) Before the ACMA varies or revokes a declaration of a protection
zone, the ACMA must develop a proposal to vary or revoke the
declaration.
(2) A proposal developed under subsection (1) is not a legislative
instrument.
31 ACMA to refer proposal to advisory committee
(1) The ACMA must refer a proposal developed under clause 30 to an
advisory committee.
Note: See clause 49 for requirements that relate to advisory committees.
(2) The advisory committee may make recommendations in relation to
the proposal.
(3) If the advisory committee does not make recommendations in
relation to the proposal, the committee must give the ACMA a
statement setting out the opinion of each committee member in
relation to the proposal.
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32 ACMA to publish proposal etc.
Scope
(1) This clause applies to a proposal developed under clause 30.
Publication
(2) The ACMA must:
(a) publish the proposal on the ACMA’s website; and
(b) invite public submissions on the proposal.
Provision of copy of proposal
(3) If a person requests the ACMA to give the person a copy of the
proposal, the ACMA must give the person a copy of the proposal
within 2 business days after the day on which the ACMA received
the request.
(4) However, subclause (3) does not apply if the ACMA has:
(a) made the variation or revocation to which the proposal
relates; or
(b) decided not to make the variation or revocation to which the
proposal relates.
(5) If the person requests that a copy of the proposal be given in
electronic form, the ACMA may give the copy in electronic form.
(6) The ACMA is not entitled to impose a charge for giving the person
a copy of the proposal.
32A ACMA to publish summary of proposal
Scope
(1) This clause applies to a proposal developed under clause 30.
Summary
(2) The ACMA must:
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(a) prepare a summary of the proposal; and
(b) publish the summary:
(i) in the Gazette; and
(ii) on the ACMA’s website; and
(iii) in a newspaper circulating generally in each State, the
Australian Capital Territory and the Northern Territory;
and
(iv) if an external Territory is affected by the proposal—in a
newspaper circulating generally in the external
Territory.
(3) If the summary under subclause (2) relates to a proposal to vary a
declaration of a protection zone, the summary must include:
(a) the name of the protection zone; and
(b) details of the location and dimensions of the protection zone
as proposed to be varied; and
(c) details of the location and dimensions of the protection zone
as it exists before the variation; and
(d) an outline of the reasons for the variation; and
(e) information about how people can:
(i) access the proposal on the ACMA’s website; and
(ii) request a copy of the proposal under subclause 32(3).
(4) If the summary under subclause (2) relates to a proposal to revoke
a declaration of a protected zone, the summary must include:
(a) the name of the protection zone; and
(b) details of the location and dimensions of the protection zone;
and
(c) an outline of the reasons for the revocation; and
(d) information about how people can:
(i) access the proposal on the ACMA’s website; and
(ii) request a copy of the proposal under subclause 32(3).
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33 Consultation with Environment Secretary
(1) The ACMA must not vary or revoke a declaration of a protection
zone unless the ACMA has consulted with the Environment
Secretary in relation to the proposal to vary or revoke the
declaration.
(2) The ACMA must have regard to any advice or recommendations
provided by the Environment Secretary in relation to the proposal.
34 Matters the ACMA must have regard to
In deciding whether to vary or revoke a declaration of a protection
zone, the ACMA must have regard to:
(a) the recommendations or statement of opinions of the
advisory committee that considered the variation or
revocation proposal; and
(b) any submissions received from the public about the variation
or revocation proposal; and
(c) the legitimate commercial interests of:
(i) the owner of each submarine cable in the protection
zone; and
(ii) if the carrier responsible for a cable in the protection
zone is not the owner of the cable—that carrier; and
(d) any other matters that the ACMA considers relevant.
35 Deadline for final decision about varying or revoking a protection
zone
If the ACMA publishes a proposal to vary or revoke a declaration
of a protection zone under clause 32, the ACMA must decide
whether to vary or revoke the declaration within 180 days after the
day on which the proposal was published.
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Division 4—Offences in relation to a protection zone
Subdivision A—Damaging a submarine cable
36 Damaging a submarine cable
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in damage to a submarine cable; and
(c) the cable is in a protection zone.
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
37 Negligently damaging a submarine cable
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in damage to a submarine cable; and
(c) the person is negligent as to the fact that the conduct results
in that damage; and
(d) the cable is in a protection zone.
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
(2) Strict liability applies to paragraph (1)(d).
Note: For strict liability, see section 6.1 of the Criminal Code.
38 Defence to offences of damaging a submarine cable
Subclauses 36(1) and 37(1) do not apply if:
(a) the conduct that resulted in damage to the submarine cable
was necessary to save a life or a ship; or
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(b) the conduct that resulted in damage to the submarine cable
was necessary to prevent pollution; or
(c) the defendant took all reasonable steps to avoid causing
damage to the submarine cable; or
(d) the defendant is the carrier who owns or operates the
submarine cable; or
(e) when the conduct occurred, the defendant was acting on
behalf of the carrier who owns or operates the submarine
cable.
Note: The defendant bears an evidential burden in relation to the matters in
this clause. See subsection 13.3(3) of the Criminal Code.
39 Master or owner of ship used in offence of damaging a submarine
cable
(1) A person (the first person) commits an offence if:
(a) the first person is the owner or master of a ship; and
(b) the first person permits another person to use the ship; and
(c) the other person commits an offence against clause 36; and
(d) the ship is used in the commission of the offence and the first
person is reckless as to that fact.
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Subdivision B—Engaging in prohibited or restricted activities
40 Engaging in prohibited or restricted activities
A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct occurs in a protection zone; and
(c) the conduct:
(i) is prohibited in the protection zone; or
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(ii) contravenes a restriction imposed on an activity in the
protection zone; and
(d) the conduct is not engaged in by the carrier who owns or
operates the cable, or a person acting on behalf of such a
carrier, for the purpose of maintaining or repairing a
submarine cable for which the carrier is responsible; and
(e) the conduct is not engaged in by a carrier who holds a
protection zone installation permit, or a person acting on such
a carrier’s behalf, in, or in the course of, the installation of a
submarine cable in accordance with the permit.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
41 Aggravated offence of engaging in prohibited or restricted
activities
A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct occurs in a protection zone; and
(c) the conduct:
(i) is prohibited in the protection zone; or
(ii) contravenes a restriction imposed on an activity in the
protection zone; and
(d) the person engages in the conduct with the intention of
making a commercial gain; and
(e) the conduct is not engaged in by the carrier who owns or
operates the cable, or a person acting on behalf of such a
carrier, for the purpose of maintaining or repairing a
submarine cable for which the carrier is responsible; and
(f) the conduct is not engaged in by a carrier who holds a
protection zone installation permit, or a person acting on such
a carrier’s behalf, in, or in the course of, the installation of a
submarine cable in accordance with the permit.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
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42 Defences to offences of engaging in prohibited or restricted
activities
Clauses 40 and 41 do not apply if:
(a) the conduct was necessary to save a life or ship; or
(b) the conduct was necessary to prevent pollution; or
(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:
(a) the arbiter of fact is not satisfied that the defendant engaged
in the activity with the intention of making a commercial
gain; and
(b) the arbiter of fact is otherwise satisfied that the defendant has
committed an offence against clause 40;
the arbiter may find the defendant not guilty of the offence against
clause 41 but guilty of an offence against clause 40, so long as the
defendant has been accorded procedural fairness in relation to that
finding of guilt.
44 Master or owner of ship used in offence of engaging in prohibited
or restricted activities
(1) A person (the first person) commits an offence if:
(a) the first person is the owner or master of a ship; and
(b) the first person permits another person to use the ship; and
(c) the other person commits an offence against clause 40 or 41;
and
(d) the ship is used in the commission of the offence and the first
person is reckless as to that fact.
Penalty:
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(a) if the other person committed an offence against clause 40—
imprisonment for 5 years or 300 penalty units, or both; or
(b) if the other person committed an offence against clause 41—
imprisonment for 7 years or 420 penalty units, or both.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Subdivision C—Foreign nationals and foreign ships
44A Foreign nationals and foreign ships
Foreign nationals—no involvement of ship
(1) This Division does not apply to anything done, or omitted to be
done, if:
(a) the thing is done, or omitted to be done, by a foreign
national; and
(b) the thing is done, or omitted to be done in, on, or beneath the
seabed that lies beneath, either or both of the following:
(i) the waters of the exclusive economic zone of Australia;
(ii) the sea above that part of the continental shelf of
Australia that is beyond the limits of the exclusive
economic zone; and
(c) the thing done, or omitted to be done, does not involve a
ship;
unless the thing done, or omitted to be done, touches, concerns,
arises out of or is connected with:
(d) the exploration of the continental shelf of Australia; or
(e) the exploitation of the resources of the continental shelf of
Australia (including the exploitation of the resources of the
waters of the exclusive economic zone); or
(f) the operations of artificial islands, installations or structures
that are under Australia’s jurisdiction.
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Foreign nationals—involvement of foreign ship
(2) This Division does not apply to anything done, or omitted to be
done, if:
(a) the thing is done, or omitted to be done, by a foreign
national; and
(b) the thing is done, or omitted to be done, in either or both of
the following:
(i) the waters of the exclusive economic zone of Australia;
(ii) the sea above that part of the continental shelf of
Australia that is beyond the limits of the exclusive
economic zone; and
(c) the thing done, or omitted to be done, involves a foreign ship;
unless the thing done, or omitted to be done, touches, concerns,
arises out of or is connected with:
(d) the exploration of the continental shelf of Australia; or
(e) the exploitation of the resources of the continental shelf of
Australia (including the exploitation of the resources of the
waters of the exclusive economic zone); or
(f) the operations of artificial islands, installations or structures
that are under Australia’s jurisdiction.
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Division 5—Miscellaneous
45 Person may claim damages
(1) A person who suffers, directly or indirectly, loss or damage:
(a) because a submarine cable in a protection zone is damaged
by conduct of another person; or
(b) because another person engages in conduct that is prohibited
in a protection zone; or
(c) because another person engages in conduct that contravenes a
restriction imposed on an activity in a protection zone;
may recover the amount of the loss or damage:
(d) against that other person; or
(e) against any person involved in the contravention (whether or
not a person is convicted of an offence in respect of the
contravention).
(2) An action under subclause (1) may be commenced at any time
within 6 years after the day on which the cause of action that
relates to the conduct accrued.
(3) A reference in subclause (1) to a person who is involved in a
contravention is a reference to a person who has:
(a) aided, abetted, counselled or procured the contravention; or
(b) induced, whether by threats or promises or otherwise, the
contravention; or
(c) been in any way, directly or indirectly, knowingly concerned
in, or party to, the contravention; or
(d) conspired with others to effect the contravention.
(4) Jurisdiction is conferred on the Federal Court in any matter arising
under this clause in respect of which a civil proceeding is instituted
under this clause.
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46 Indemnity for loss of anchor etc.
(1) If:
(a) after all reasonable precautionary measures have been taken,
an anchor, a net or any other fishing gear belonging to a ship
is sacrificed in order to avoid damaging a submarine cable in
a protection zone; and
(b) at the time the sacrifice is made, no person on board the ship
is engaging in conduct:
(i) that is prohibited in the protection zone; or
(ii) that contravenes a restriction imposed on an activity in
the protection zone;
the owner of the ship is entitled to be indemnified for that loss by
the carrier responsible for the submarine cable.
(2) Jurisdiction is conferred on the Federal Court in any matter arising
under this clause in respect of which a civil proceeding is instituted
under this clause.
47 ACMA to notify relevant authorities of declaration, variation etc.
of protection zone
(1) If the ACMA declares a protection zone under clause 4, or varies
or revokes a declaration under clause 23, the ACMA must notify
the authorities mentioned in subclause (2) as soon as practicable of
the details of the ACMA’s decision to declare the protection zone
or vary or revoke the declaration.
(2) The authorities are the following:
(aa) the Department administered by the Minister administering
Part XII of the Customs Act 1901;
(ab) the Australian Defence Force;
(ac) the Australian Federal Police;
(a) the Australian Fisheries Management Authority;
(b) that part of the Defence Department known as the Australian
Hydrographic Office;
(c) the Australian Maritime Safety Authority;
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(d) the authority administering the business carried on at a port
or ports of a State or the Northern Territory, if the port or
ports are directly affected by the declaration;
(e) the National Offshore Petroleum Safety and Environmental
Management Authority;
(f) the National Offshore Petroleum Titles Administrator;
(g) an authority that is:
(i) established by or under a law of the Commonwealth, a
State or a Territory; and
(ii) specified in an instrument in force under subclause (3).
(3) The Minister may, by legislative instrument, specify one or more
authorities for the purposes of subparagraph (2)(g)(ii).
48 Notice if carrier decommissions a submarine cable
If:
(a) a declaration of a protection zone in relation to a submarine
cable has effect; and
(b) the cable ceases to be in use (other than temporarily);
the carrier who is responsible for the cable must notify the ACMA
in writing of the cessation, as soon as practicable after the cessation
happens.
49 Composition of advisory committee
(1) An advisory committee established for the purposes of clause 16 or
31 must have no more than 12 members.
(2) Without limiting the persons who may be appointed as members of
an advisory committee established for the purposes of clause 16 or
31, the ACMA may appoint persons who, in the opinion of the
ACMA, represent the concerns of any of the following:
(a) the Commonwealth;
(b) an interested State;
(c) an interested authority or instrumentality of the
Commonwealth or a State;
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(d) an interested industry;
(e) an interested group.
(3) In this clause:
interested, in relation to a State, authority, instrumentality, industry
or group, means having concerns or interests that are affected by
the proposal that the committee is to consider, or that are likely to
be so affected should the ACMA declare the protection zone
proposed in the proposal.
State includes the Northern Territory.
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Part 3—Permits to install submarine cables
Division 1—Simplified outline
50 Simplified outline
The following is a simplified outline of this Part:
• A carrier may apply to the ACMA to install a submarine cable
in a protection zone.
• A carrier may apply to the ACMA to install an international
submarine cable in both:
(a) a protection zone; and
(b) Australian waters that are not in a protection zone
and that are not coastal waters.
• A carrier may apply to the ACMA to install an international
submarine cable in Australian waters that are not in a
protection zone and that are not coastal waters.
• There is a streamlined process for applications for permits to
install submarine cables in protection zones. Also, a carrier
who installs a submarine cable in a protection zone in
accordance with a permit is exempt from certain State and
Territory laws.
• It is an offence for a person to install an international
submarine cable without a permit in a protection zone, or in
Australian waters that are not in a protection zone and that are
not coastal waters.
• It is an offence for a person to install a domestic submarine
cable without a permit in a protection zone.
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• It is also an offence for a person who holds a permit to breach
a condition of the permit.
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Division 2—Protection zone installation permits
51 Application for a protection zone installation permit
(1) A carrier may apply to the ACMA for a permit (a protection zone
installation permit) to:
(a) install one or more submarine cables in a protection zone; or
(b) install a single international submarine cable in both:
(i) a protection zone; and
(ii) Australian waters that are not in a protection zone and
that are not coastal waters of a State or the Northern
Territory; or
(c) install each of 2 or more international submarine cables in
both:
(i) a protection zone; and
(ii) Australian waters that are not in a protection zone and
that are not coastal waters of a State or the Northern
Territory.
(2) It is immaterial whether the cable or cables specified in the
application are the cable or cables in relation to which the
protection zone was declared.
52 Form of application etc.
(1) An application must be:
(a) in writing; and
(b) in the form approved in writing by the ACMA.
(2) The approved form must require the application to set out:
(a) the proposed route or routes, in Australian waters, of the
submarine cable or cables specified in the application; and
(b) information about the ownership and control of the
submarine cable or cables specified in the application; and
(c) any other relevant information.
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(3) For the purposes of subclause (2), control includes control as a
result of, or by means of, trusts, agreements, arrangements,
understandings and practices:
(a) whether or not having legal or equitable force; and
(b) whether or not based on legal or equitable rights; and
(c) whether or not capable of being exercised indirectly through
one or more interposed companies, partnerships or trusts.
53 Application to be accompanied by charge
An application must be accompanied by the charge (if any)
imposed on the application by a determination under section 60 of
the Australian Communications and Media Authority Act 2005.
54 Withdrawal of application
This Division does not prevent the withdrawal of an application
and the submission of a fresh application.
54A Notification of change of circumstances
(1) If:
(a) an application is pending; and
(b) the applicant becomes aware of a change of circumstances
relating to information set out in the application;
the applicant must:
(c) notify the change to the ACMA; and
(d) do so as soon as practicable.
(2) After considering the notification, the ACMA must decide whether
or not the change should be treated as a material change in
circumstances for the purposes of clause 58.
Note: Clause 58 deals with the timing of the ACMA’s decision on the
application.
(3) The ACMA must:
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(a) notify the applicant in writing of the ACMA’s decision under
subclause (2); and
(b) do so within 2 business days after the day on which the
decision is made.
55 Further information
(1) The ACMA may request the applicant to give the ACMA further
information about the application.
(2) The ACMA may refuse to consider the application until the
applicant gives the ACMA the information.
55A Consultation
(1) Before making a decision on the application for a protection zone
installation permit, the ACMA must consult:
(a) the Secretary of the Attorney-General’s Department; and
(aa) the Home Affairs Secretary; and
(b) any other persons the ACMA considers relevant.
(2) Within 2 business days after the day on which the ACMA received
the application, the ACMA must give each of the Secretaries
mentioned in paragraphs (1)(a) and (aa) a copy of the application.
(3) Within 15 business days after the day on which a Secretary
receives a copy of the application, that Secretary must:
(a) give a written notice to the ACMA stating that, while the
notice remains in force, the ACMA must not grant the
permit; or
(b) make a submission to the ACMA; or
(c) give a written notice to the ACMA stating that he or she does
not require any further consultation about the application.
Notice to the ACMA under paragraph (3)(a)
(4) The ACMA must not grant the permit while a notice is in force
under paragraph (3)(a).
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(5) Unless sooner revoked, a notice under paragraph (3)(a) remains in
force during the period specified in the notice.
(6) The period specified under subclause (5) must not be longer than 3
months.
(7) A Secretary who gives a notice under paragraph (3)(a) may, by
written notice given to the ACMA, extend, or further extend, the
period referred to in subclause (5), so long as the extension, or
further extension, does not result in the notice under
paragraph (3)(a) being in force for longer than 12 months.
(8) A Secretary who gives a notice under paragraph (3)(a) may revoke
the notice by giving the ACMA a further written notice.
(9) Within 2 business days after the day on which the ACMA received
a notice under paragraph (3)(a) or subclause (7), the ACMA must
give the applicant a copy of the notice.
Submission to the ACMA
(10) If a notice under paragraph (3)(a) is in force, the Secretary who
gave the notice may make a submission to the ACMA.
(11) A submission to the ACMA under paragraph (3)(b) or
subclause (10) may include:
(a) recommendations about the conditions that should be
specified in the permit under paragraph 58A(1)(d) or (e) of
this Schedule; or
(b) such other matters (if any) as the Secretary making the
submission considers relevant.
Notice to the ACMA under paragraph (3)(c)
(12) A notice under paragraph (3)(c) cannot be revoked.
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56 Grant or refusal of permit
Grant
(1) After considering the application, the ACMA may:
(a) if the application is covered by paragraph 51(1)(a) of this
Schedule—grant the applicant a protection zone installation
permit authorising the installation, in the protection zone, of
the submarine cable or cables specified in the application; or
(b) if the application is covered by paragraph 51(1)(b) of this
Schedule—grant the applicant a protection zone installation
permit authorising the installation, in both:
(i) the protection zone; and
(ii) Australian waters that are not in a protection zone and
that are not coastal waters of a State or the Northern
Territory;
of the international submarine cable specified in the
application; or
(c) if the application is covered by paragraph 51(1)(c) of this
Schedule—grant the applicant a protection zone installation
permit authorising the installation, in both:
(i) the protection zone; and
(ii) Australian waters that are not in a protection zone and
that are not coastal waters of a State or the Northern
Territory;
of each of the international submarine cables specified in the
application.
Refusal
(3) After considering the application, the ACMA may refuse to grant a
protection zone installation permit.
(4) If the ACMA refuses to grant the permit, it must notify the
applicant in writing of the ACMA’s decision and the reasons for
the decision.
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57 Matters to which the ACMA must have regard in making a
decision about a permit
In deciding whether to grant a protection zone installation permit,
the ACMA must have regard to:
(a) if the Secretary of the Attorney-General’s Department or the
Home Affairs Secretary makes a submission to the ACMA
under clause 55A—that submission; and
(b) any other matters that the ACMA considers relevant.
57A Refusal of permit—security
(1) If the Home Affairs Minister, after consulting the Prime Minister
and the Minister administering this Act, considers that the grant of
a protection zone installation permit to a particular carrier would be
prejudicial to security, the Home Affairs Minister may give a
written direction to the ACMA not to grant a protection zone
installation permit to the carrier.
(2) The ACMA must comply with a direction under subclause (1).
(3) While a direction is in force under this clause:
(a) the ACMA cannot reconsider a non-compulsory refusal to
grant a protection zone installation permit to the carrier; and
(b) the Administrative Appeals Tribunal cannot consider an
application for review of a non-compulsory refusal to grant a
protection zone installation permit to the carrier.
(4) If an application for a protection zone installation permit is pending
at the time when the Home Affairs Minister gives a direction to the
ACMA under this clause, then the application lapses.
(5) In this clause:
non-compulsory refusal means a refusal to grant a protection zone
installation permit, other than a refusal that is required by this
clause.
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58 Timing of decision on application
Further information requested
(1) If:
(a) a carrier applies for a protection zone installation permit; and
(b) the ACMA requests the applicant to give the ACMA further
information under subclause 55(1) in relation to the
application;
the ACMA must take all reasonable steps to ensure that a decision
is made on the application within:
(c) 25 business days; or
(d) if the ACMA, by written notice given to the applicant,
specifies a greater number of business days (not exceeding
35 business days)—that number of business days;
after the day on which the applicant gave the ACMA the
information.
No further information requested
(2) If:
(a) a carrier applies for a protection zone installation permit; and
(b) the ACMA does not request the applicant to give the ACMA
further information under subclause 55(1) in relation to the
application;
the ACMA must take all reasonable steps to ensure that a decision
is made on the application within:
(c) 25 business days; or
(d) if the ACMA, by written notice given to the applicant,
specifies a greater number of business days (not exceeding
35 business days)—that number of business days;
after the day on which the application was made.
Extension for change in circumstances relating to application
(3) If:
(a) a carrier applies for a protection zone installation permit; and
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(b) the carrier notifies the ACMA of a change in circumstances
under subclause 54A(1); and
(c) the ACMA decides under subclause 54A(2) that the change
should not be treated as a material change in circumstances
for the purposes of this clause;
the number of business days referred to in subclause (1) or (2) of
this clause is extended by 5 business days.
(4) If:
(a) a carrier applies for a protection zone installation permit; and
(b) the carrier notifies the ACMA of a change in circumstances
under subclause 54A(1); and
(c) the ACMA decides under subclause 54A(2) that the change
should be treated as a material change in circumstances for
the purposes of this clause;
the number of business days referred to in subclause (1) or (2) of
this clause is extended by:
(d) 25 business days; or
(e) if the ACMA, by written notice given to the applicant,
specifies a greater number of business days (not exceeding
35 business days)—that number of business days.
Extension where notice preventing grant of permit is in force
(5) If:
(a) a carrier applies for a protection zone installation permit; and
(b) the Secretary of the Attorney-General’s Department or the
Home Affairs Secretary gives a notice to the ACMA under
paragraph 55A(3)(a) of this Schedule in relation to the
application;
the number of business days referred to in subclause (1) or (2) of
this clause is extended by one business day for each business day
in the period during which the notice remains in force.
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58A Conditions of permit
(1) A protection zone installation permit held by a carrier is subject to
the following conditions:
(a) a condition that so much of the relevant cable or cables as is
installed in a protection zone must be installed within:
(i) 75 metres of the route or routes specified by the ACMA
in the permit; or
(ii) if the ACMA specifies another distance in the permit—
that distance of the route or routes specified by the
ACMA in the permit;
(b) if the permit is covered by paragraph 56(1)(b) or (c) of this
Schedule—a condition that so much of the relevant cable or
cables as is installed in Australian waters that:
(i) are not in a protection zone; and
(ii) are not coastal waters of a State or the Northern
Territory;
must be installed within:
(iii) 926 metres of the route or routes specified by the
ACMA in the permit; or
(iv) if the ACMA specifies another distance in the permit—
that distance of the route or routes specified by the
ACMA in the permit;
(c) a condition that the carrier, or a person acting on behalf of the
carrier, must not install the relevant cable or cables unless all
Commonwealth regulatory approvals have been obtained for
the installation;
(d) such conditions (if any) in relation to security as the ACMA
specifies in the permit;
(e) such conditions (if any) in relation to the installation of the
relevant cable or cables as the ACMA specifies in the permit.
Variation of conditions
(2) The ACMA may, by written notice given to the holder of a
protection zone installation permit:
(a) vary a condition covered by paragraph (1)(a) or (b) by:
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(i) specifying a distance; or
(ii) varying a distance; or
(b) vary a condition covered by paragraph (1)(d) or (e).
59 Duration of permit
A protection zone installation permit is in force for a period of 18
months from the day the permit is granted.
60 Surrender of permit
The holder of a protection zone installation permit may, at any
time, surrender the permit by written notice given to the ACMA.
61 Extension of permit
(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.
(2) The holder must give the ACMA reasons for requesting to extend
the duration of the permit.
(3) If the ACMA refuses the application, the ACMA must give the
holder written notice of the ACMA’s decision and the reasons for
the decision.
62 Suspension or cancellation of permit
(1) The ACMA may suspend or cancel a protection zone installation
permit by written notice to the holder of the permit, if the ACMA
is satisfied that:
(a) the holder has breached a condition to which the permit is
subject; or
(b) the holder has not complied with a condition of the Code of
Practice in force under clause 15 of Schedule 3 that applies to
the installation of submarine cables.
(2) Before a permit is suspended or cancelled under subclause (1):
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(a) the ACMA must give the holder 30 days’ written notice of
the ACMA’s intention to suspend or cancel the permit and
the ground or grounds on which the ACMA intends to do so;
and
(b) the ACMA must give the holder an opportunity to submit to
the ACMA any matters that the holder wishes the ACMA to
take into account in deciding whether to suspend or cancel
the permit; and
(c) the ACMA must take into account any matters submitted by
the holder under paragraph (b) and any action taken by the
holder to address the ACMA’s concerns or to prevent the
recurrence of similar circumstances.
63 Exemption from State and Territory laws
(1) This clause applies to the installation of a submarine cable in
accordance with a protection zone installation permit.
(2) A carrier may install, or cause to be installed, a cable despite a law
of a State or Territory about:
(a) the assessment of the environmental effects of engaging in
the activity; or
(b) the protection of places or items of significance to Australia’s
natural or cultural heritage; or
(c) the powers and functions of a local government body; or
(d) the supply of fuel or power, including the supply and
distribution of extra-low voltage power systems; or
(e) a matter specified in the regulations.
(3) Paragraph (2)(b) does not apply to a law in so far as the law
provides for the protection of places or items of significance to the
cultural heritage of Aboriginal persons or Torres Strait Islanders.
(4) Paragraph 2(d) does not apply to a law in so far as the law deals
with the supply of electricity at a voltage that exceeds that used for
ordinary commercial or domestic requirements.
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(5) If subclause (2) entitles a person to engage in activities despite
particular laws of a State or Territory, nothing in this clause affects
the operation of any other law of a State or Territory, so far as that
other law is capable of operating concurrently.
(6) This clause does not affect the liability of a carrier to taxation
under a law of a State or Territory.
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Division 3—Non-protection zone installation permits
64 Application for a permit to install an international submarine
cable in Australian waters (otherwise than in a protection
zone or coastal waters)
A carrier may apply to the ACMA for a permit to install one or
more international submarine cables in Australian waters that are
not in a protection zone and that are not coastal waters of a State or
the Northern Territory (a non-protection zone installation permit).
65 Form of application etc.
(1) An application must be:
(a) in writing; and
(b) in the form approved in writing by the ACMA.
(2) The approved form must require the application to set out:
(a) the proposed route or routes, in Australian waters, of the
submarine cable or cables specified in the application; and
(b) information about the ownership and control of the
submarine cable or cables specified in the application; and
(c) any other relevant information.
(3) For the purposes of subclause (2), control includes control as a
result of, or by means of, trusts, agreements, arrangements,
understandings and practices:
(a) whether or not having legal or equitable force; and
(b) whether or not based on legal or equitable rights; and
(c) whether or not capable of being exercised indirectly through
one or more interposed companies, partnerships or trusts.
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66 Application to be accompanied by charge
An application must be accompanied by the charge (if any)
imposed on the application by a determination under section 60 of
the Australian Communications and Media Authority Act 2005.
67 Withdrawal of application
This Division does not prevent the withdrawal of an application
and the submission of a fresh application.
67A Notification of change of circumstances
(1) If:
(a) an application is pending; and
(b) the applicant becomes aware of a change of circumstances
relating to information set out in the application;
the applicant must:
(c) notify the change to the ACMA; and
(d) do so as soon as practicable.
(2) After considering the notification, the ACMA must decide whether
or not the change should be treated as a material change in
circumstances for the purposes of clause 73.
Note: Clause 73 deals with the timing of the ACMA’s decision on the
application.
(3) The ACMA must:
(a) notify the applicant in writing of the ACMA’s decision under
subclause (2); and
(b) do so within 2 business days after the day on which the
decision is made.
68 Further information
(1) The ACMA may request the applicant to give the ACMA, within
the period specified in the request, further information about the
application.
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(2) The ACMA may refuse to consider the application until the
applicant gives the ACMA the information.
69 Grant or refusal of permit
Grant
(1) After considering the application, the ACMA may grant the
applicant a non-protection zone installation permit authorising the
installation, in Australian waters that are not in a protection zone
and that are not coastal waters of a State or the Northern Territory,
of the submarine cable or cables specified in the application.
Refusal
(3) After considering the application, the ACMA may refuse to grant a
non-protection zone installation permit.
(4) If the ACMA refuses to grant the permit, it must notify the
applicant in writing of the ACMA’s decision and the reasons for
the decision.
70 Consultation
(1) Before making a decision on the application for a non-protection
zone installation permit, the ACMA must consult:
(a) the Secretary of the Attorney-General’s Department; and
(aa) the Home Affairs Secretary; and
(b) any other persons the ACMA considers relevant.
(2) Within 2 business days after the day on which the ACMA received
the application, the ACMA must give each of the Secretaries
mentioned in paragraphs (1)(a) and (aa) a copy of the application.
(3) Within 15 business days after the day on which a Secretary
receives a copy of the application, that Secretary must:
(a) give a written notice to the ACMA stating that, while the
notice remains in force, the ACMA must not grant the
permit; or
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(b) make a submission to the ACMA; or
(c) give a written notice to the ACMA stating that he or she does
not require any further consultation about the application.
Notice to the ACMA under paragraph (3)(a)
(4) The ACMA must not grant the permit while a notice is in force
under paragraph (3)(a).
(5) Unless sooner revoked, a notice under paragraph (3)(a) remains in
force during the period specified in the notice.
(6) The period specified under subclause (5) must not be longer than 3
months.
(7) A Secretary who gives a notice under paragraph (3)(a) may, by
written notice given to the ACMA, extend, or further extend, the
period referred to in subclause (5), so long as the extension, or
further extension, does not result in the notice under
paragraph (3)(a) being in force for longer than 12 months.
(8) A Secretary who gives a notice under paragraph (3)(a) may revoke
the notice by giving the ACMA a further written notice.
(9) Within 2 business days after the day on which the ACMA received
a notice under paragraph (3)(a) or subclause (7), the ACMA must
give the applicant a copy of the notice.
Submission to the ACMA
(10) If a notice under paragraph (3)(a) is in force, the Secretary who
gave the notice may make a submission to the ACMA.
(11) A written submission to the ACMA under paragraph (3)(b) or
subclause (10) may include:
(a) recommendations about the conditions that should be
specified in the permit under paragraph 73A(1)(c) or (d) of
this Schedule; or
(b) such other matters (if any) as the Secretary making the
submission considers relevant.
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Clause 71
Notice to the ACMA under paragraph (3)(c)
(12) A notice under paragraph (3)(c) cannot be revoked.
71 Matters to which the ACMA must have regard in making a
decision about a permit
In deciding whether to grant a non-protection zone installation
permit, the ACMA must have regard to:
(a) the objective of facilitating the supply of efficient, modern
and cost-effective carriage services to the public; and
(aa) if the Secretary of the Attorney-General’s Department or the
Home Affairs Secretary makes a submission to the ACMA
under clause 70—that submission; and
(c) any relevant technical and economic aspects of the
installation; and
(d) whether the installation involves co-location of the
submarine cable or cables to which the application relates
with one or more other submarine cables; and
(e) any other matters that the ACMA considers relevant.
72A Refusal of permit—security
(1) If the Home Affairs Minister, after consulting the Prime Minister
and the Minister administering this Act, considers that the grant of
a non-protection zone installation permit to a particular carrier
would be prejudicial to security, the Home Affairs Minister may
give a written direction to the ACMA not to grant a non-protection
zone installation permit to the carrier.
(2) The ACMA must comply with a direction under subclause (1).
(3) While a direction is in force under this clause:
(a) the ACMA cannot reconsider a non-compulsory refusal to
grant a non-protection zone installation permit to the carrier;
and
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(b) the Administrative Appeals Tribunal cannot consider an
application for review of a non-compulsory refusal to grant a
non-protection zone installation permit to the carrier.
(4) If an application for a non-protection zone installation permit is
pending at the time when the Home Affairs Minister gives a
direction to the ACMA under this clause, then the application
lapses.
(5) In this clause:
non-compulsory refusal means a refusal to grant a non-protection
zone installation permit, other than a refusal that is required by this
clause.
73 Timing of decision on application
Further information requested
(1) If:
(a) a carrier applies for a non-protection zone installation permit;
and
(b) the ACMA requests the applicant to give the ACMA further
information under subclause 68(1) in relation to the
application;
the ACMA must take all reasonable steps to ensure that a decision
is made on the application within:
(c) 60 business days; or
(d) if the ACMA, by written notice given to the applicant,
specifies a greater number of business days (not exceeding
90 business days)—that number of business days;
after the day on which the applicant gave the ACMA the
information.
No further information requested
(2) If:
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Clause 73
(a) a carrier applies for a non-protection zone installation permit;
and
(b) the ACMA does not request the applicant to give the ACMA
further information under subclause 68(1) in relation to the
application;
the ACMA must take all reasonable steps to ensure that a decision
is made on the application within:
(c) 60 business days; or
(d) if the ACMA, by written notice given to the applicant,
specifies a greater number of business days (not exceeding
90 business days)—that number of business days;
after the day on which the application was made.
Extension for change in circumstances relating to application
(3) If:
(a) a carrier applies for a non-protection zone installation permit;
and
(b) the carrier notifies the ACMA of a change in circumstances
under subclause 67A(1); and
(c) the ACMA decides under subclause 67A(2) that the change
should not be treated as a material change in circumstances
for the purposes of this clause;
the number of business days referred to in subclause (1) or (2) of
this clause is extended by 5 business days.
(4) If:
(a) a carrier applies for a non-protection zone installation permit;
and
(b) the carrier notifies the ACMA of a change in circumstances
under subclause 67A(1); and
(c) the ACMA decides under subclause 67A(2) that the change
should be treated as a material change in circumstances for
the purposes of this clause;
the number of business days referred to in subclause (1) or (2) of
this clause is extended by:
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(d) 60 business days; or
(e) if the ACMA, by written notice given to the applicant,
specifies a greater number of business days (not exceeding
90 business days)—that number of business days.
Extension where notice preventing grant of permit is in force
(5) If:
(a) a carrier applies for a non-protection zone installation permit;
and
(b) the Secretary of the Attorney-General’s Department or the
Home Affairs Secretary gives a notice to the ACMA under
paragraph 70(3)(a) of this Schedule in relation to the
application;
the number of business days referred to in subclause (1) or (2) of
this clause is extended by one business day for each business day
in the period during which the notice remains in force.
73A Conditions of permit
(1) A non-protection zone installation permit held by a carrier is
subject to the following conditions:
(a) a condition that the relevant cable or cables must be installed
within:
(i) 926 metres of the route or routes specified by the
ACMA in the permit; or
(ii) if the ACMA specifies another distance in the permit—
that distance of the route or routes specified by the
ACMA in the permit;
(b) a condition that the carrier, or a person acting on behalf of the
carrier, must not install the relevant cable or cables unless all
Commonwealth regulatory approvals have been obtained for
the installation;
(c) such conditions (if any) in relation to security as the ACMA
specifies in the permit;
(d) such conditions (if any) in relation to the installation of the
relevant cable or cables as the ACMA specifies in the permit.
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Clause 74
Variation of conditions
(2) The ACMA may, by written notice given to the holder of a
non-protection zone installation permit:
(a) vary a condition covered by paragraph (1)(a) by:
(i) specifying a distance; or
(ii) varying a distance; or
(b) vary a condition covered by paragraph (1)(c) or (d).
74 Duration of permit
A non-protection zone installation permit is in force for a period of
18 months from the day the permit is granted.
75 Surrender of permit
The holder of a non-protection zone installation permit may, at any
time, surrender the permit by written notice given to the ACMA.
76 Extension of permit
(1) Before a non-protection zone installation permit expires, the holder
of the permit may apply to the ACMA to extend the duration of the
permit for a further 180 days.
(2) The holder must give the ACMA reasons for requesting to extend
the duration of the permit.
(3) If the ACMA refuses the application, the ACMA must give the
holder written notice of the ACMA’s decision and the reasons for
the decision.
77 Suspension or cancellation of permit
(1) The ACMA may suspend or cancel a non-protection zone
installation permit by written notice to the holder of the permit, if
the ACMA is satisfied that:
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(a) the holder has breached a condition to which the permit is
subject; or
(b) the holder has not complied with a condition of the Code of
Practice in force under clause 15 of Schedule 3 that applies to
the installation of submarine cables.
(2) Before a permit is suspended or cancelled under subclause (1):
(a) the ACMA must give the holder 30 days’ written notice of
the ACMA’s intention to suspend or cancel the permit and
the ground or grounds on which the ACMA intends to do so;
and
(b) the ACMA must give the holder an opportunity to submit to
the ACMA any matters that the holder wishes the ACMA to
take into account in deciding whether to suspend or cancel
the permit; and
(c) the ACMA must take into account any matters submitted by
the holder under paragraph (b) and any action taken by the
holder to address the ACMA’s concerns or to prevent the
recurrence of similar circumstances.
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Conditions applicable to the installation of submarine cables Division 4
Clause 78
Division 4—Conditions applicable to the installation of
submarine cables
78 Application of this Division
(1) This Division applies to the installation of an international
submarine cable:
(a) in a protection zone; or
(b) in Australian waters, other than coastal waters of a State or
Territory;
by or on behalf of a carrier.
Note: A Code of Practice made under subclause 15(1) of Schedule 3 may
impose conditions in addition to the conditions imposed in this
Division.
(2) This Division applies to the installation of a domestic submarine
cable in a protection zone by, or on behalf of, a carrier.
Note: A Code of Practice made under subclause 15(1) of Schedule 3 may
impose conditions in addition to the conditions imposed in this
Division.
79 Installation to do as little damage as practicable
The carrier must ensure that all reasonable steps are taken to ensure
that the installation causes as little detriment and inconvenience,
and as little damage, as is practicable.
80 Management of installation activities
The carrier must ensure that all reasonable steps are taken:
(a) to act in accordance with good engineering practice; and
(b) to protect the safety of persons and property; and
(c) to protect the environment.
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Clause 81
81 Compliance with industry standards
The carrier must ensure that the installation is done in accordance
with any standard that:
(a) relates to installation; and
(b) is recognised by the ACMA as a standard for use in the
telecommunications industry; and
(c) is likely to reduce a risk to the safety of the public if the
carrier complies with the standard.
82 Compliance with international agreements
The carrier must ensure that the installation is done in a manner
that is consistent with Australia’s obligations under a listed
international agreement that is relevant to the installation.
83 Conditions specified in the regulations
The carrier must ensure that the installation complies with any
conditions that are specified in the regulations.
83A Attorney-General’s consent required for certain enforcement
proceedings
(1) An application for an injunction under section 564 must not be
made without the written consent of the Attorney-General if:
(a) the injunction is in relation to a contravention by a carrier of
the carrier licence condition set out in Part 1 of Schedule 1 in
so far as that condition relates to this Division; and
(b) the carrier is a foreign national; and
(c) the contravention occurred, is occurring, or is to occur,
outside Australia; and
(d) the contravention did not involve an Australian ship.
(2) A proceeding for the recovery of a pecuniary penalty under
section 571 must not be instituted without the written consent of
the Attorney-General if:
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(a) the proceeding is in respect of a contravention by a carrier of
the carrier licence condition set out in Part 1 of Schedule 1 in
so far as that condition relates to this Division; and
(b) the carrier is a foreign national; and
(c) the contravention occurred outside Australia; and
(d) the contravention did not involve an Australian ship.
(3) In deciding whether to consent under subclause (1) or (2), the
Attorney-General must have regard to the obligations of Australia
under international law, including obligations under any agreement
between:
(a) Australia; and
(b) another country or countries.
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Division 5 Offences in relation to installation of submarine cables
Clause 84
Division 5—Offences in relation to installation of
submarine cables
84 Installing an international submarine cable without a permit
(1) A person commits an offence if:
(a) the person installs, or causes to be installed, an international
submarine cable; and
(b) the cable is installed:
(i) in Australian waters that are not in a protection zone and
that are not coastal waters of a State or the Northern
Territory; or
(ii) in a protection zone; and
(c) the person does not have a permit under this Part authorising
the installation of the cable in the place in which it is
installed.
Penalty: 200 penalty units.
(2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Subclause (1) does not apply to a person who installs an
international submarine cable on behalf of a carrier, if the carrier
has a permit authorising the installation of the cable.
Note: The defendant bears an evidential burden in relation to the matters in
subclause (3). See subsection 13.3(3) of the Criminal Code.
84A Installing a domestic submarine cable without a permit
(1) A person commits an offence if:
(a) the person installs, or causes to be installed, a domestic
submarine cable; and
(b) the cable is installed in a protection zone; and
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(c) the person does not have a permit under this Part authorising
the installation of the cable in the place in which it is
installed.
Penalty: 200 penalty units.
(2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Subclause (1) does not apply to a person who installs a domestic
submarine cable on behalf of a carrier, if the carrier has a permit
authorising the installation of the cable.
Note: The defendant bears an evidential burden in relation to the matters in
subclause (3). See subsection 13.3(3) of the Criminal Code.
(4) Subclause (1) does not apply to a domestic submarine cable that a
person installed, or began to install, before the commencement of
this clause.
Note: The defendant bears an evidential burden in relation to the matters in
subclause (4). See subsection 13.3(3) of the Criminal Code.
85 Breaching conditions of a permit
(1) A carrier commits an offence if:
(a) the carrier holds a permit under this Part authorising the
installation of a submarine cable; and
(b) the carrier, or a person acting on behalf of the carrier,
engages in conduct; and
(c) the conduct breaches a condition of the permit.
Penalty: 100 penalty units.
(2) A proceeding for an offence committed by a person against
subclause (1) must not be commenced without the written consent
of the Attorney-General if:
(a) the person is a foreign national; and
(b) the offence involved an act or omission outside Australia;
and
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(c) the offence did not involve an Australian ship.
(3) In deciding whether to consent under subclause (2), the
Attorney-General must have regard to the obligations of Australia
under international law, including obligations under any agreement
between:
(a) Australia; and
(b) another country or countries.
86 Failing to comply with ACMA direction to remove an unlawfully
installed international submarine cable
(1) The ACMA may direct a carrier to remove an international
submarine cable if:
(a) the carrier installed the submarine cable, or caused it to be
installed, in a protection zone or in Australian waters without
a permit under this Part authorising the installation; or
(b) the carrier is installing the submarine cable, or causing it be
installed, in a protection zone or in Australian waters without
a permit under this Part authorising the installation.
(2) A carrier who does not comply with a direction under subclause (1)
commits an offence.
Penalty: 200 penalty units.
(3) The ACMA must not give a direction to a carrier under
subclause (1) in relation to an international submarine cable that
the carrier installed, or began to install, before the commencement
of this Schedule.
86A Failing to comply with ACMA direction to remove an
unlawfully installed domestic submarine cable
(1) The ACMA may direct a carrier to remove a domestic submarine
cable if:
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Clause 86A
(a) the carrier installed the submarine cable, or caused it to be
installed, in a protection zone without a permit under this
Part authorising the installation; or
(b) the carrier is installing the submarine cable, or causing it to
be installed, in a protection zone without a permit under this
Part authorising the installation.
(2) A carrier who does not comply with a direction under subclause (1)
commits an offence.
Penalty: 200 penalty units.
(3) The ACMA must not give a direction to a carrier under
subclause (1) in relation to a domestic submarine cable that the
carrier installed, or began to install, before the commencement of
this clause.
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Schedule 3A Protection of submarine cables
Part 4 Compensation
Clause 87
Part 4—Compensation
87 Compensation
(1) If a person suffers financial loss or damage because of anything
done by a carrier under this Schedule in relation to:
(a) any property owned by the person; or
(b) any property in which the person has an interest;
there is payable to the person by the carrier such reasonable
amount of compensation;
(c) as is agreed between them; or
(d) failing agreement—as is determined by a court of competent
jurisdiction.
(2) Compensation payable under subclause (1) includes, without
limitation, compensation in relation to:
(a) damage of a temporary character as well as of a permanent
character; and
(b) the taking of sand, soil, water and other things.
(3) In this clause:
court of competent jurisdiction, in relation to property, includes
the Federal Court.
88 Compensation for acquisition of property
(1) If:
(a) either of the following would result in an acquisition of
property from a person:
(i) anything done by a carrier under, or because of, this
Schedule;
(ii) the existence of rights conferred on a carrier under, or
because of, this Schedule in relation to a submarine
cable; and
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Clause 88
(b) the acquisition of property would not be valid, apart from this
section, because a particular person had not been
compensated;
the carrier must pay that person:
(c) a reasonable amount of compensation agreed on between the
person and the carrier; or
(d) failing agreement—a reasonable amount of compensation
determined by a court of competent jurisdiction.
(2) In assessing compensation payable under this clause arising out of
an event, the following must be taken into account:
(a) any compensation obtained by the person as a result of an
agreement between the person and the carrier otherwise than
under this clause but arising out of the same event;
(b) any damages or compensation recovered by the person from
the carrier, or other remedy given, in a proceeding begun
otherwise than under this clause but arising out of the same
event.
(3) This clause does not limit the operation of clause 87.
(4) In this clause:
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
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Part 5 Miscellaneous
Clause 89
Part 5—Miscellaneous
89 Delegation by the Secretary of the Attorney-General’s
Department
(1) The Secretary of the Attorney-General’s Department may, by
writing, delegate any or all of his or her powers under this
Schedule to an SES employee, or acting SES employee, in the
Attorney-General’s Department.
(2) A delegate must comply with any directions of the Secretary of the
Attorney-General’s Department.
90 Delegation by the Home Affairs Secretary
(1) The Home Affairs Secretary may, by writing, delegate any or all of
his or her powers under this Schedule to an SES employee, or
acting SES employee, in the Home Affairs Department.
(2) A delegate must comply with any directions of the Home Affairs
Secretary.
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Reviewable decisions of the ACMA Schedule 4
Decisions that may be subject to reconsideration by the ACMA Part 1
Clause 1
Schedule 4—Reviewable decisions of the
ACMA Note: See sections 555 and 556.
Part 1—Decisions that may be subject to
reconsideration by the ACMA
1 Reviewable decisions of the ACMA
The following kinds of decisions are specified for the purposes of
section 555:
(a) a decision under section 56, 58 or 59 to refuse to grant a
carrier licence (other than a decision made in compliance
with section 56A or 58A);
(b) a decision under section 69 to:
(i) give or vary a direction; or
(ii) refuse to revoke a direction;
(c) a decision under section 72 to cancel a carrier licence;
(d) a decision of a kind referred to in subsection 73(6) (which
deals with remission of late payment penalty);
(e) a decision under section 81 to refuse to make a nominated
carrier declaration;
(f) a decision under section 83 to revoke a nominated carrier
declaration;
(g) a decision of a kind referred to in subsection 99(5) (which
deals with decisions under service provider determinations);
(h) a decision under section 102 to:
(i) give or vary a direction; or
(ii) refuse to revoke a direction;
(i) a decision under section 117 to refuse to register a code;
(j) a decision under section 121 to:
(i) give or vary a direction; or
(ii) refuse to revoke a direction;
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Part 1 Decisions that may be subject to reconsideration by the ACMA
Clause 1
(ja) a decision of a kind referred to in subsection 70(3) (which
deals with remission of late payment penalty) of the
Telecommunications (Consumer Protection and Service
Standards) Act 1999;
(k) a decision under section 129 of the Telecommunications
(Consumer Protection and Service Standards) Act 1999 to
refuse to make a declaration;
(l) a decision under section 130 of the Telecommunications
(Consumer Protection and Service Standards) Act 1999 to
give a direction;
(ma) a decision under the integrated public number database
scheme to refuse to grant a person an authorisation;
(mb) a decision under the integrated public number database
scheme to impose conditions on the grant of an authorisation;
(mc) a decision under the integrated public number database
scheme to vary or revoke an authorisation;
(md) a decision under the integrated public number database
scheme specified in an instrument under section 295Q;
(n) a decision under section 352 to refuse to make a declaration;
(o) a decision under section 356 to refuse to make a declaration;
(p) a decision under section 394 to refuse to issue a connection
permit;
(q) a decision to make a declaration under section 397 (which
deals with duration of connection permits);
(r) a decision under paragraph 398(1)(c) or subsection 398(3) to
specify, impose, vary or revoke a condition of a connection
permit;
(s) a decision under section 402 to cancel a connection permit;
(t) a decision under section 427 to refuse to grant a cabling
licence;
(u) a decision under section 432 to specify, impose, vary or
revoke a condition of a cabling licence;
(v) a decision under section 438 to cancel a cabling licence;
(w) a decision of a kind referred to in subsection 468(6) (which
deals with remission of late payment penalty);
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Decisions that may be subject to reconsideration by the ACMA Part 1
Clause 1
(x) a decision under subsection 468(10) (which deals with the
withdrawal of numbers);
(xa) a decision under clause 5 of Schedule 1 to refuse to issue an
exemption certificate;
(xb) a decision under clause 5 of Schedule 1 to cancel an
exemption certificate;
(y) a decision under clause 34 of Schedule 3 to cancel a facility
installation permit;
(za) a decision under clause 56 of Schedule 3A to refuse to grant
a protection zone installation permit, where none of the
reasons for the decision relate to security (within the meaning
of that Schedule);
(zaa) a decision under clause 58A of Schedule 3A to:
(i) specify a condition in a protection zone installation
permit (other than a condition specified under
paragraph 58A(1)(d) of Schedule 3A); or
(ii) vary a condition of a protection zone installation permit
(other than a condition specified under
paragraph 58A(1)(d) of Schedule 3A);
(zb) a decision under clause 61 of Schedule 3A to refuse to extend
the duration of a protection zone installation permit;
(zc) a decision under clause 62 of Schedule 3A to suspend or
cancel a protection zone installation permit;
(zd) a decision under clause 69 of Schedule 3A to refuse to grant
a non-protection zone installation permit, where none of the
reasons for the decision relate to security (within the meaning
of that Schedule);
(zda) a decision under clause 73A of Schedule 3A to:
(i) specify a condition in a non-protection zone installation
permit (other than a condition specified under
paragraph 73A(1)(c) of Schedule 3A); or
(ii) vary a condition of a non-protection zone installation
permit (other than a condition specified under
paragraph 73A(1)(c) of Schedule 3A);
(ze) a decision under clause 76 of Schedule 3A to refuse to extend
the duration of a non-protection zone installation permit;
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Schedule 4 Reviewable decisions of the ACMA
Part 1 Decisions that may be subject to reconsideration by the ACMA
Clause 1
(zf) a decision under clause 77 of Schedule 3A to suspend or
cancel a non-protection zone installation permit.
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Reviewable decisions of the ACMA Schedule 4
Decisions to which section 556 does not apply Part 2
Clause 2
Part 2—Decisions to which section 556 does not
apply
2 Decisions to which section 556 does not apply
The following kinds of decisions are specified for the purposes of
subsection 556(1):
(a) a decision under section 56 or 58 to refuse to grant a carrier
licence;
(b) a decision under section 427 to refuse to grant a cabling
licence;
(c) a decision under subsection 432(3) to impose, vary or revoke
a condition of a cabling licence, being a decision on an
application made under paragraph 433(1)(b).
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Telecommunications Act 47, 1997 22 Apr s 41–51, 56–85, 98–495,
1997 1997 507–576, 579–588, 590–
593 and Sch 1–4: 1 July
1997 (s 2(3))
s 52–55: 5 June 1997 (s
2(2))
Remainder: 22 Apr 1997
(s 2(1))
Telecommunications
(Transitional Provisions
and Consequential
Amendments) Act 1997
59, 1997 3 May 1997 Sch 4 (items 1, 2): 1 Jan
1998 (s 2(4))
—
Australian National
Railways Commission
Sale Act 1997
96, 1997 30 June
1997
Sch 4 (items 18–20): 1
Nov 2000 (s 2(5) and
gaz 2000, No S562)
—
Telecommunications 200, 1997 16 Dec Sch 1 and Sch 2 Sch 1 (item 11)
Legislation Amendment 1997 (items 1–27): 16 Dec and Sch 2 (item 9)
Act 1997 1997 (s 2(1))
as amended by
Statute Law Revision 63, 2002 3 July 2002 Sch 2 (item 31): 16 Dec —
Act 2002 1997 (s 2(1) item 60)
Telecommunications 4, 1998 26 Mar Schedule 1 (item 4): 23 ss. 4 and 5
Amendment Act 1998 1998 Apr 1998
Remainder: Royal
Assent
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Social Security
Legislation Amendment
(Youth Allowance
Consequential and
Related Measures) Act
1998
45, 1998 17 June
1998
Sch 13 (item 49): 1 July
1998 (s 2(1))
—
Financial Sector Reform
(Consequential
Amendments) Act 1998
48, 1998 29 June
1998
Sch 1 (item 193): 1 July
1998 (s 2(2))
—
Telecommunications
Amendment Act (No. 2)
1998
119, 1998 11 Dec
1998
11 Dec 1998 —
Telecommunications 42, 1999 11 June Sch 1: 11 June 1999 (s Sch 1 (item 5)
Laws Amendment 1999 2(1))
(Universal Service Cap)
Act 1999
Telecommunications 52, 1999 5 July 1999 Sch 1 (items 1–5): 5 July Sch 3 (items 77–
Legislation Amendment 1999 (s 2(1)) 82) and Sch 4
Act 1999 Sch 2 and Sch 3 (items 21–29)
(items 9–64, 77–82): 2
Aug 1999 (s 2(3), (4))
Sch 4 (items 1–16, 21–
29): 1 July 1999 (s 2(6))
Environmental Reform
(Consequential
Provisions) Act 1999
92, 1999 16 July
1999
Sch 2 (items 14–21),
Sch 3 (items 56, 57),
Sch 4 (items 74, 75),
Sch 6 (items 5–8) and
Sch 7 (items 21–31):
16 July 2000 (s 2(1))
Sch 2 (items 19,
21), Sch 6
(items 6, 8) and
Sch 7 (items 25,
28, 31)
Public Employment 146, 1999 11 Nov Sch 1 (items 916, 917): 5 —
(Consequential and 1999 Dec 1999 (s 2(1), (2))
Transitional)
Amendment Act 1999
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Australian Security
Intelligence Organisation
Legislation Amendment
Act 1999
161, 1999 10 Dec
1999
Sch 3 (items 58–61): 10
Dec 1999 (s 2(2))
—
Broadcasting Services
Amendment Act (No. 1)
1999
197, 1999 23 Dec
1999
Sch 3 (items 12, 13): 23
Dec 1999 (s 2(1))
—
Telecommunications 142, 2000 29 Nov Sch 3 (items 1–5): 1 July Sch 4
(Consumer Protection 2000 2000 (s 2(2))
and Service Standards) Sch 4: 29 Nov 2000
Amendment Act (No. 2) (s 2(1))
2000
Telecommunications
Legislation Amendment
Act 2000
152, 2000 21 Dec
2000
Sch 1: 21 Dec 2000 (s 2) —
Privacy Amendment
(Private Sector) Act
2000
155, 2000 21 Dec
2000
Sch 2 (items 4–19): 21
Dec 2001 (s 2(1))
—
Communications and the
Arts Legislation
Amendment
(Application of Criminal
Code) Act 2001
5, 2001 20 Mar
2001
s 4 and Sch 1
(items 101–162):
24 May 2001 (s 2(1)(a))
s 4
Communications and the
Arts Legislation
Amendment Act 2001
46, 2001 5 June 2001 s 5 and Sch 1 (items 6,
7): 5 June 2001 (s 2)
s 5
Corporations (Repeals, 55, 2001 28 June s 4–14 and Sch 3 s 4–14
Consequentials and 2001 (items 511, 512): 15 July
Transitionals) Act 2001 2001 (s 2(1), (3))
Statute Law Revision 63, 2002 3 July 2002 Sch 1 (item 33): 1 July —
Act 2002 1999 (s 2(1) item 27)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Australian Crime 125, 2002 10 Dec Sch 2 (items 188, 189): 1 —
Commission 2002 Jan 2003 (s 2(1) item 6)
Establishment Act 2002
Telecommunications 140, 2002 19 Dec Sch 1: 19 Dec 2002 (s 2) Sch 1 (items 6,
Competition Act 2002 2002 15C, 15D, 24)
Australian Heritage 86, 2003 23 Sept Schedules 1 and 2: 1 Jan —
Council (Consequential 2003 2004 (see s. 2(1) and
and Transitional Gazette 2003, No.
Provisions) Act 2003 GN47)
Remainder: Royal
Assent
Communications 108, 2003 24 Oct Schedule 1 (items 25– Sch. 1 (item 48)
Legislation Amendment 2003 48): 21 Nov 2003
Act (No. 3) 2003
Communications 114, 2003 27 Nov Schedule 2: 27 Mar 2003 —
Legislation Amendment 2003 Remainder: 28 Nov 2003
Act (No. 1) 2003
Spam (Consequential 130, 2003 12 Dec Schedule 1 (items 42– Sch. 1 (items 40,
Amendments) Act 2003 2003 87): 10 Apr 2004 (see s. 41)
2(1))
Remainder: Royal
Assent
Designs (Consequential
Amendments) Act 2003
148, 2003 17 Dec
2003
Sch 1 and 2: 17 June
2004 (s 2(1) item 2)
Remainder: 17 Dec 2003
—
Communications
Legislation Amendment
Act (No. 1) 2004
35, 2004 20 Apr
2004
21 Apr 2004 —
US Free Trade
Agreement
Implementation Act
2004
120, 2004 16 Aug
2004
Schedule 9 (item 192): 1
Jan 2005
—
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Financial Framework 8, 2005 22 Feb s. 4 and Schedule 1 s. 4
Legislation Amendment 2005 (items 427, 428): Royal
Act 2005 Assent
Australian 45, 2005 1 Apr 2005 Sch 1 (items 127–160), Sch 4
Communications and Sch 2 and Sch 4: 1 July
Media Authority 2005 (s 2(1) items 2, 3,
(Consequential and 10)
Transitional Provisions)
Act 2005
as amended by
Omnibus Repeal Day 109, 2014 16 Oct Sch 2 (items 177–181): —
(Autumn 2014) Act 2014 17 Oct 2014 (s 2(1)
2014 item 2)
Telecommunications and
Other Legislation
Amendment (Protection
of Submarine Cables and
Other Measures) Act
2005
104, 2005 23 Aug
2005
Sch 1 (items 2–105): 20
Sept 2005 (s 2(1)
items 2, 3)
Sch 2: 24 Aug 2005 (s
2(1) item 4)
—
Telecommunications
Legislation Amendment
(Future Proofing and
Other Measures) Act
2005
117, 2005 23 Sept
2005
Schedule 3: 23 Mar 2006 —
Telecommunications 119, 2005 23 Sept Schedules 1, 3, 8, 10 and Sch. 1 (item 2),
Legislation Amendment 2005 13: 24 Sept 2005 Sch. 2 (item 3)
(Competition and Schedule 2: 21 Oct 2005 and Sch. 3
Consumer Issues) Act Schedule 11 (items 1–7): (item 4)
2005 1 Jan 2006 (see
F2005L04117)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Offshore Petroleum
(Repeals and
Consequential
Amendments) Act 2006
17, 2006 29 Mar
2006
Schedule 2 (items 108–
111): 1 July 2008 (see s.
2(1) and F2008L02273)
—
Telecommunications
(Interception)
Amendment Act 2006
40, 2006 3 May 2006 Schedule 1 (items 24A–
24G): 13 June 2006 (see
F2006L01623)
—
Law Enforcement
Integrity Commissioner
(Consequential
Amendments) Act 2006
86, 2006 30 June
2006
Schedule 1 (items 73–
75): 30 Dec 2006
—
Do Not Call Register
(Consequential
Amendments) Act 2006
89, 2006 30 June
2006
Schedule 1 (items 42–
73): 31 May 2007 (see s.
2(1) and F2007L01114)
Remainder: Royal
Assent
—
Telecommunications 155, 2006 8 Dec 2006 Sch 1: 15 May 2007 Sch 1 (item 12)
Amendment (Integrated (s 2(1) item 2)
Public Number
Database) Act 2006
Communications 124, 2007 20 July Sch 1 (items 96–99): —
Legislation Amendment 2007 20 Jan 2008 (s 2(1)
(Content Services) Act item 2)
2007 Sch 2 (item 2): 20 July
2008 (s 2(1) item 4)
Telecommunications 177, 2007 28 Sept Sch 1 (items 16–54, 57– Sch 1 (items 57–
(Interception and 2007 68): 1 Nov 2007 (s 2(1) 68)
Access) Amendment Act item 2)
2007
Telecommunications 22, 2008 26 May 27 May 2008 (s 2) —
Legislation Amendment 2008
(National Broadband
Network) Act 2008
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Offshore Petroleum
Amendment
(Greenhouse Gas
Storage) Act 2008
117, 2008 21 Nov
2008
Sch 3 (item 59): 22 Nov
2008 (s 2(1) item 4)
—
Telecommunications
Amendment (Integrated
Public Number
Database) Act 2009
16, 2009 26 Mar
2009
27 Mar 2009 (s 2) —
Statute Stocktake
(Regulatory and Other
Laws) Act 2009
111, 2009 16 Nov
2009
Sch 1 (items 51–54):
17 Nov 2009 (s 2)
—
Statute Law Revision
Act 2010
8, 2010 1 Mar 2010 Sch 5 (items 112–122,
137(a), (c)): 1 Mar 2010
(s 2(1) items 37, 38)
—
Do Not Call Register
Legislation Amendment
Act 2010
46, 2010 18 May
2010
Sch 1 (items 95–140):
30 May 2010 (s 2(1)
item 2)
—
Freedom of Information 51, 2010 31 May Sch 5 (items 59–75) and Sch 7
Amendment (Reform) 2010 Sch 7: 1 Nov 2010
Act 2010 (s 2(1) item 7)
Trade Practices 103, 2010 13 July Sch 6 (items 1, 105– —
Amendment (Australian 2010 138): 1 Jan 2011 (s 2(1)
Consumer Law) Act items 3, 5)
(No. 2) 2010
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Telecommunications
Legislation Amendment
(Competition and
Consumer Safeguards)
Act 2010
140, 2010 15 Dec
2010
Sch 1 (items 1A, 241–
244, 251–253): 16 Dec
2010 (s 2(1) items 1A, 8,
11, 12)
Sch 1 (items 6–31, 70–
113, 199–201, 246–250):
1 Jan 2011 (s 2(1)
items 2, 5, 10)
Sch 1 (items 41–56):
awaiting commencement
(s 2(1) item 3)
Sch 1 (items 60–64,
64A, 64B, 65): 6 Mar
2012 (s 2(1) item 4)
Sch 1 (item 245): 15 Mar
2011 (s 2(1) item 9)
Sch 1 (items 199–
201, 244, 250)
Statute Law Revision
Act 2011
5, 2011 22 Mar
2011
Sch 5 (items 211, 212),
Sch 6 (items 107–115,
137) and Sch 7
(items 131–134): 19 Apr
2011 (s 2(1) items 13,
17, 18)
—
Telecommunications
Legislation Amendment
(National Broadband
Network Measures—
Access Arrangements)
Act 2011
23, 2011 12 Apr
2011
Sch 1 (items 1–24, 84):
13 Apr 2011 (s 2(1)
items 2, 3)
Sch 1 (items 85–88):
12 Apr 2012 (s 2(1)
item 4)
—
Acts Interpretation 46, 2011 27 June Sch 2 (items 1114–1136) Sch 3 (items 10,
Amendment Act 2011 2011 and Sch 3 (items 10, 11): 11)
27 Dec 2011 (s 2(1)
items 11, 12)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Telecommunications
Legislation Amendment
(Fibre Deployment) Act
2011
107, 2011 26 Sept
2011
Sch 1 (items 1–15):
27 Sept 2011
Sch 1 (item 16): 27 Sept
2011 (s 2(1) items 2, 3)
Remainder: 26 Sept
2011 (s 2(1) item 1)
—
Telecommunications
Legislation Amendment
(Universal Service
Reform) Act 2012
44, 2012 16 Apr
2012
Sch 1 (items 7–55):
1 July 2012 (s 2(1)
item 2)
—
Cybercrime Legislation 120, 2012 12 Sept Sch 1 (item 1) and Sch 2 Sch 2
Amendment Act 2012 2012 (items 28–31, 51(1), 52, (items 51(1), 52,
54–56): 10 Oct 2012 (s 56)
2(1) item 2)
Statute Law Revision 136, 2012 22 Sept Sch 1 (item 121): 22 —
Act 2012 2012 Sept 2012 (s 2(1) item 2)
Australian Charities and 169, 2012 3 Dec 2012 Sch 2 (items 211–214): —
Not-for-profits 3 Dec 2012 (s 2(1)
Commission item 7)
(Consequential and
Transitional) Act 2012
Privacy Amendment
(Enhancing Privacy
Protection) Act 2012
197, 2012 12 Dec
2012
Sch 5 (items 84–96,
136–145) and Sch 6
(items 15–19): 12 Mar
2014 (s 2(1) items 3, 19)
Sch 6 (item 1): 12 Dec
2012 (s 2(1) item 16)
Sch 6 (items 1,
15–19)
Statute Law Revision
Act 2013
103, 2013 29 June
2013
Sch 3 (items 198–282,
343) and Sch 4
(items 44–47): 29 June
2013 (s 2(1) item 16
Sch 3 (item 343)
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Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Telecommunications
Legislation Amendment
(Consumer Protection)
Act 2014
3, 2014 28 Feb
2014
Sch 1 (items 8–30):
1 Mar 2014 (s 2(1)
item 2)
Sch 1 (item 33): 12 Mar
2014 (s 2(1) item 4)
—
Statute Law Revision
Act (No. 1) 2014
31, 2014 27 May
2014
Sch 1 (item 70), Sch 4
(item 55) and Sch 8
(item 42): 24 June 2014
(s 2(1) items 2, 9)
—
Telecommunications 33, 2014 27 May Sch 1 (items 4–101): Sch 1 (items 89–
Legislation Amendment 2014 28 May 2014 (s 2(1) 101)
(Submarine Cable item 2)
Protection) Act 2014
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Public Governance, 62, 2014 30 June Sch 12 (items 189, 190) Sch 14
Performance and 2014 and Sch 14: 1 July 2014
Accountability (s 2(1) items 6, 14)
(Consequential and
Transitional Provisions)
Act 2014
as amended by
Public Governance 36, 2015 13 Apr Sch 2 (items 7–9) and Sch 7
and Resources 2015 Sch 7: 14 Apr 2015 (s 2)
Legislation
Amendment Act
(No. 1) 2015
as amended by
Acts and 126, 2015 10 Sept Sch 1 (item 486): 5 Mar —
Instruments 2015 2016 (s 2(1) item 2)
(Framework
Reform)
(Consequential
Provisions) Act
2015
Acts and Instruments 126, 2015 10 Sept Sch 1 (item 495): 5 Mar —
(Framework Reform) 2015 2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Omnibus Repeal Day 109, 2014 16 Oct Sch 2 (items 25–44, 105, Sch 2 (items 39–
(Autumn 2014) Act 2014 2014 146–153, 162–165, 243– 41 and 162–165)
245): 17 Oct 2014 (s
2(1) item 2)
Statute Law Revision 5, 2015 25 Feb Sch 5 (item 7): 25 Mar —
Act (No. 1) 2015 2015 2015 (s 2(1) item 10)
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Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Acts and Instruments 10, 2015 5 Mar 2015 Sch 1 (items 163, 166– Sch 1 (items 166–
(Framework Reform) 179) and Sch 3 179) and Sch 3
Act 2015 (items 325–336, 348, (items 348, 349)
349): 5 Mar 2016 (s 2(1)
item 2)
as amended by
Acts and Instruments 126, 2015 10 Sept Sch 3 (item 1): 5 Mar —
(Framework Reform) 2015 2016 (s 2(1) item 8)
(Consequential
Provisions) Act 2015
Enhancing Online Safety 25, 2015 24 Mar Sch 2 (items 16–27) and Sch 3
for Children 2015 Sch 3: 1 July 2015 (s
(Consequential 2(1) items 4, 5, 6)
Amendments) Act 2015
Telecommunications 38, 2015 13 Apr Sch 1 (items 14–61): Sch 6 (items 10–
Legislation Amendment 2015 1 July 2015 (s 2(1) 12)
(Deregulation) Act 2015 item 3)
Sch 4 (items 1–34) and
Sch 6 (items 1–12): 14
Apr 2015 (s 2(1) item 6)
Telecommunications
(Interception and
Access) Amendment
(Data Retention) Act
2015
39, 2015 13 Apr
2015
Sch 1 (items 2–4, 7):
13 Oct 2015 (s 2(1)
item 2)
Sch 1 (item 8–12):
13 Apr 2015 (s 2(1)
items 1, 3)
Sch 1 (items 7–
12)
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Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Customs and Other
Legislation Amendment
(Australian Border
Force) Act 2015
as amended by
Australian Border
Force Amendment
(Protected
Information) Act 2017
41, 2015
115, 2017
20 May
2015
30 Oct
2017
Sch 5 (items 160, 161)
and Sch 9: 1 July 2015
(s 2(1) items 2, 7)
Sch 1 (item 26): 1 July
2015 (s 2(1) item 2)
Sch 5 (item 161)
and Sch 9
—
Norfolk Island
Legislation Amendment
Act 2015
as amended by
Territories Legislation
Amendment Act 2016
59, 2015
33, 2016
26 May
2015
23 Mar
2016
Sch 2 (items 343, 344):
1 July 2016 (s 2(1)
item 5)
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
item 6)
Sch 2: 24 Mar 2016
(s 2(1) item 2)
Sch 2 (items 356–
396)
—
Acts and Instruments 126, 2015 10 Sept Sch 1 (items 604–620): 5 —
(Framework Reform) 2015 Mar 2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Statute Law Revision 145, 2015 12 Nov Sch 1 (item 16): 10 Dec —
Act (No. 2) 2015 2015 2015 (s 2(1) item 2)
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb
2016
Sch 4 (items 1, 307–
311): 10 Mar 2016
(s 2(1) item 6)
—
Territories Legislation
Amendment Act 2016
33, 2016 23 Mar
2016
Sch 5 (items 86, 87):
1 July 2016 (s 2(1)
item 7)
—
Enhancing Online Safety 51, 2017 22 June Sch 1 (items 38–48, 51): Sch 1 (items 48,
for Children Amendment 2017 23 June 2017 (s 2(1) 51)
Act 2017 item 1)
Telecommunications Act 1997
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Telecommunications and
Other Legislation
Amendment Act 2017
111, 2017 18 Sept
2017
Sch 1 (items 1–29, 35):
18 Sept 2018 (s 2(1)
item 2)
Sch 1 (item 35)
as amended by
Home Affairs and
Integrity Agencies
Legislation
Amendment Act 2018
31, 2018 9 May 2018 Sch 2 (item 283): 18
Sept 2018 (s 2(1) item 6)
Sch 2 (item 284):
11 May 2018 (s 2(1)
item 7)
Sch 2 (item 284)
Defence Legislation 117, 2017 30 Oct Sch 3 (item 16): 31 Oct —
Amendment (2017 2017 2017 (s 2(1) item 8)
Measures No. 1) Act
2017
Intelligence Services 25, 2018 11 Apr Sch 1 (items 93, 94, Sch 1 (items 100–
Amendment 2018 100–108): 1 July 2018 108)
(Establishment of the (s 2(1) item 2)
Australian Signals
Directorate) Act 2018
Home Affairs and
Integrity Agencies
Legislation Amendment
Act 2018
31, 2018 9 May 2018 Sch 2 (items 188–223,
284): 11 May 2018
(s 2(1) items 3, 7)
Sch 2 (items 252–282):
18 Sept 2018 (s 2(1)
item 6)
Sch 2 (items 223,
284)
Crimes Legislation
Amendment
(International Crime
Cooperation and Other
Measures) Act 2018
34, 2018 22 May
2018
Sch 1 (items 213–215):
22 Nov 2018 (s 2(1)
item 2)
Sch 1 (item 215)
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Endnotes
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Telecommunications and
Other Legislation
Amendment (Assistance
and Access) Act 2018
148, 2018 8 Dec 2018 Sch 1 (items 5–7B) and
Sch 2 (item 119A): 9
Dec 2018 (s 2(1) items 2,
4)
Sch 1 (item 8): awaiting
commencement (s 2(1)
item 3)
—
Telecommunications
Legislation Amendment
Act 2019
6, 2019 1 Mar 2019 Sch 2: 2 Mar 2019 (s
2(1) item 1)
—
Telecommunications Act 1997
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Part 1
s. 2 .................................................am. No. 5, 2001
s. 3 .................................................am. No. 130, 2003; No. 89, 2006; No. 111, 2009; Nos. 46, 103 and
140, 2010; No. 44, 2012
s. 5 .................................................am. No. 52, 1999; No. 5, 2001; No. 140, 2002; No. 130, 2003; No. 45,
2005; Nos. 40 and 89, 2006; No. 177, 2007; No. 46, 2010; No 109,
2014; No 38, 2015; No 111, 2017
s. 6 .................................................am. No. 52, 1999; No. 5, 2001; No. 119, 2005; No. 177, 2007; No 109,
2014
s 7 ..................................................am No 200, 1997; No 4, 1998; No 52, 1999; No 161, 1999; No 142,
2000; No 125, 2002; No 130, 2003; No 35, 2004; No 45, 2005; No 86,
2006; No 89, 2006; No 155, 2006; No 124, 2007; No 177, 2007; No 22,
2008; No 111, 2009; No 8, 2010; No 46, 2010; No 103, 2010; No 140,
2010; No 5, 2011; No 23, 2011; No 107, 2011; No 44, 2012; No 169,
2012; No 31, 2014; No 62, 2014 No 109, 2014; No 38, 2015; No 39,
2015; No 111, 2017; No 31, 2018; No 148, 2018
s. 7A...............................................ad. No. 200, 1997
rep. No. 177, 2007
s 8 ..................................................am No 59, 2015
s 10 ................................................am No 33, 2016
s. 11 ...............................................am. No. 17, 2006; No. 117, 2008; No. 46, 2011
s. 11A.............................................ad. No. 5, 2001
s 15 ................................................am No 103, 2013
s. 17 ...............................................rep. No. 52, 1999
s. 19 ...............................................am. No. 45, 2005; No. 44, 2012
s. 22 ...............................................am. No. 4, 1998; No. 107, 2011; No 38, 2015
s. 23 ...............................................am. No. 45, 1998; No. 55, 2001; No 103, 2013
Part 2
Division 2
s. 27 ...............................................am. No. 55, 2001
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 29 ................................................am No 103, 2013
Division 3
s. 30 ...............................................am. No. 4, 1998
s 31 ................................................am No 103, 2013
Division 4
s 40 ................................................am No 103, 2013
Part 3
Division 1
s. 41 ...............................................am. No. 45, 2005
Division 2
s. 42 ...............................................am. No. 5, 2001; No 4, 2016
s. 43 ...............................................am No 4, 2016
s 44 ................................................am No 103, 2013
s. 45 ...............................................am. No. 5, 2011
s. 46 ...............................................am. No. 161, 1999; No 25, 2018
s. 47 ...............................................am. No. 96, 1997
s. 48 ...............................................am. No. 197, 1999
s 51 ................................................am No 103, 2013
Division 3
s. 52 ...............................................am. No. 45, 2005
s. 53 ...............................................am. No. 45, 2005
s. 53A.............................................ad. No. 35, 2004
am. No. 45, 2005; No. 177, 2007
s. 55 ...............................................am. No. 35, 2004; No. 45, 2005
s. 56 ...............................................am. No. 45, 2005
s. 56A.............................................ad. No. 35, 2004
am. No. 45, 2005; No. 177, 2007
s. 57 ...............................................am. No. 52, 1999; No. 44, 2012; No 38, 2015
s. 58 ...............................................am. No. 45, 2005; No. 44, 2012; No 38, 2015
s. 58A.............................................ad. No. 35, 2004
am. No. 45, 2005; No 31, 2018
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 59 ...............................................rs. No. 35, 2004
am. No. 45, 2005; No. 177, 2007
s. 60 ...............................................am. No. 45, 2005
s. 61 ...............................................am. No. 119, 2005; No. 140, 2010 (Sch 1 items 41, 42)
s. 61A.............................................ad. No. 119, 2005
am. No. 103, 2010
rep. No. 140, 2010
s. 62 ...............................................am. No. 103, 2010
s. 62A.............................................ad. No. 140, 2010
s. 62B.............................................ad. No. 140, 2010
s. 62C.............................................ad. No. 140, 2010
s. 62D.............................................ad. No. 23, 2011
s. 62E.............................................ad. No. 23, 2011
s 63 ................................................am No 10, 2015
s. 66 ...............................................rep. No. 142, 2000
s. 67 ...............................................am. No. 52, 1999; No. 44, 2012; No 38, 2015
s. 69 ...............................................am. Nos. 45 and 119, 2005; No 103, 2010; No 140, 2010 (Sch 1
item 44); No. 23, 2011; No 126, 2015
s. 69AA..........................................ad. No. 140, 2010
s. 69A.............................................ad. No. 119, 2005
rep. No. 140, 2010
s. 69B.............................................ad. No. 119, 2005
am. No. 103, 2010
rep. No. 140, 2010
s. 70 ...............................................am. Nos. 45 and 119, 2005; No 103, 2010; No 140, 2010 (Sch 1
items 47–49); No. 23, 2011
s. 71 ...............................................am. No. 45, 2005
s. 72 ...............................................am. No. 45, 2005; No. 44, 2012; No 38, 2015
s. 73 ...............................................am. Nos. 8 and 45, 2005; No 103, 2013
s. 73A.............................................ad. No. 35, 2004
am. No. 45, 2005
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 74 ...............................................am. No. 45, 2005
Division 4
s. 77 ...............................................am. No. 45, 2005
s. 78 ...............................................am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015
s. 79 ...............................................am. No. 45, 2005
s. 80 ...............................................am. No. 45, 2005
s. 81 ...............................................am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015
s. 81A.............................................ad. No. 4, 1998
am. No. 52, 1999; No. 44, 2012; No 38, 2015
s. 82 ...............................................am. No. 45, 2005
s. 83 ...............................................am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015
Division 5
s. 84 ...............................................am. No. 45, 2005
Part 4
Division 3
s 87 ................................................am No 46, 2011; No 103, 2013; No 126, 2015
s 88 ................................................am No 103, 2013
s. 90 ...............................................am. No. 5, 2011
s. 91 ...............................................am. No. 161, 1999; No 25, 2018
s. 92 ...............................................am. No. 96, 1997
s. 93 ...............................................am. No. 197, 1999
s 95 ................................................am No 46, 2011; No 103, 2013; No 126, 2015
s 96 ................................................am No 46, 2011; No 103, 2013; No 126, 2015
Division 5
s. 98 ...............................................am. Nos. 103 and 140, 2010; No. 23, 2011
s. 99 ...............................................am. No. 45, 2005; No 103, 2013
s 100 ..............................................am No 103, 2013
s. 102 .............................................am. No. 45 and 119, 2005; No. 103 and 140, 2010; No. 23, 2011; No
126, 2015
s. 103 .............................................am. No. 45, 2005; Nos. 103 and 140, 2010; No. 23, 2011
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 5
s. 104 .............................................am. No. 200, 1997; No. 45, 2005; No. 140, 2010 (Sch 1 item 50)
s 105 ..............................................am No 200, 1997; No 52, 1999; No 142, 2000; No 45, 2005; No 111,
2009; No 44, 2012; No 31, 2014; No 38, 2015; No 39, 2015; No 111,
2017
s. 105A...........................................ad. No. 200, 1997
am. No. 45, 2005
s 105B............................................ad No 140, 2010
s. 105C...........................................ad. No. 140, 2010
Part 6
Division 1
s. 106 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No 38,
2015
Division 2
s. 108A...........................................ad. No. 130, 2003
am No 31, 2014
s. 108B...........................................ad. No. 130, 2003
s. 109 .............................................am. No. 130, 2003
s. 109A...........................................ad. No. 130, 2003
rep No 38, 2015
s. 109B...........................................ad. No. 89, 2006
s. 109C...........................................ad. No. 46, 2010
s. 110 .............................................am. No. 130, 2003; No. 45, 2005; No. 23, 2011
s. 110A...........................................ad. No. 130, 2003
rep No 38, 2015
am. No. 45, 2005
s. 110B...........................................ad. No. 89, 2006
s. 110C...........................................ad. No. 46, 2010
s. 111A...........................................ad. No. 130, 2003
rep No 38, 2015
s. 111AA........................................ad. No. 89, 2006
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 111AB ........................................ad. No. 46, 2010
s. 111B...........................................ad. No. 130, 2003
Division 3
s. 112 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos. 46 and 140,
2010; No 38, 2015
s. 113 .............................................am. No. 130, 2003; No. 89, 2006; Nos. 8 and 46, 2010; No. 23, 2011;
No 38, 2015
s. 115 .............................................am. No. 130, 2003; No. 120, 2004; No. 23, 2011
s. 116A...........................................ad. No. 155, 2000
am No 197, 2012
Division 4
s. 117 .............................................am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos.
46 and 51, 2010; No 197, 2012; No 3, 2014; No 38, 2015
s. 118 .............................................am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos.
46 and 51, 2010; No. 23, 2011; No 197, 2012; No 38, 2015
s. 119 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No 38,
2015
s 119A............................................ad No 3, 2014
am No 3, 2014; No 38, 2015
s 119B............................................ad No 3, 2014
s. 120 .............................................am. No. 155, 2000; No. 45, 2005; No 3, 2014
s. 121 .............................................am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89,
2006; Nos. 46 and 51, 2010; No 197, 2012; No 38, 2015; No 126, 2015
s. 122 .............................................am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89,
2006; Nos. 46 and 51, 2010; No 197, 2012; No 38, 2015
s. 122A...........................................ad. No. 155, 2000
am. No. 45, 2005
Division 5
s. 123 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No. 136,
2012; No 103, 2013; No 38, 2015
s. 124 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No 103,
2013; No 38, 2015
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 125 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No 103,
2013; No 38, 2015
s. 125AA........................................ad. No. 140, 2010
am. No. 23, 2011
s. 125A...........................................ad. No. 89, 2006
s. 125B...........................................ad. No. 46, 2010
s. 126 .............................................am. No. 45, 2005
s 127 ..............................................am No 45, 2005
rep No 5, 2015
s. 128 .............................................am. No. 130, 2003; No. 89, 2006; No. 46, 2010; No 38, 2015
s. 129 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No 38,
2015
s. 130 .............................................am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46,
2010; No. 51, 2010; No 197, 2012; No 103, 2013; No 38, 2015
s. 131 .............................................am. No. 45, 2005; No 103, 2013
s. 132 .............................................am. No. 45, 2005
s. 133 .............................................am. No. 45, 2005; No. 89, 2006; No. 46, 2010
s. 134 .............................................am. No. 155, 2000; No. 45, 2005; No. 51, 2010; No 197, 2012
s. 135 .............................................am. No. 45, 2005
s. 135A...........................................ad. No. 89, 2006
am. No. 46, 2010
Division 6
s. 136 .............................................am. No. 155, 2000; No. 45, 2005; No 3, 2014
Division 6A
Division 6A heading ......................am No 3, 2014
Division 6A....................................ad. No. 117, 2005
s. 136A...........................................ad. No. 117, 2005
am No 3, 2014
s. 136B...........................................ad. No. 117, 2005
am No 3, 2014; No 126, 2015
s. 136C...........................................ad. No. 117, 2005
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 3, 2014; No 126, 2015
s. 136D...........................................ad. No. 117, 2005
s. 136E ...........................................ad. No. 117, 2005
am No 3, 2014; No 126, 2015
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
s. 139 .............................................rep. No. 52, 1999
ad. No. 89, 2006
am. No. 46, 2010
Part 7
Part 7..............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 140 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 141 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 141A...........................................ad. No. 23, 2011
s. 141B...........................................ad. No. 23, 2011
s. 141C...........................................ad. No. 23, 2011
s. 141D...........................................ad. No. 23, 2011
s. 141E ...........................................ad. No. 23, 2011
s. 141F ...........................................ad. No. 23, 2011
s. 141G...........................................ad. No. 23, 2011
Part 7A...........................................ad. No. 4, 1998
rep. No. 52, 1999
Part 8
Part 8..............................................rep. No. 52, 1999
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
ad. No. 23, 2011
Division 1
s. 142 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 142A...........................................ad. No. 23, 2011
Division 2
s. 143 .............................................rep. No. 4, 1998
ad. No. 23, 2011
s. 144 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 145 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 146 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 147 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 148 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 149 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 150 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 151 .............................................rep. No. 52, 1999
ad. No. 23, 2011
Division 3
s. 152 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 153 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 154 .............................................rep. No. 52, 1999
ad. No. 23, 2011
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 155 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 156 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 157 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 158 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 159 .............................................rep. No. 52, 1999
ad. No. 23, 2011
s. 160 .............................................rep. No. 52, 1999
ad. No. 23, 2011
ss. 161–182 ....................................rep. No. 52, 1999
s. 183 .............................................am. No. 42, 1999
rep. No. 52, 1999
s. 184 .............................................rep. No. 52, 1999
ss. 185, 186 ....................................am. No. 42, 1999
rep. No. 52, 1999
ss. 187–210 ....................................rep. No. 52, 1999
ss. 211, 212 ....................................rs. No. 59, 1997
rep. No. 52, 1999
ss. 213–218 ....................................rep. No. 52, 1999
s. 219 .............................................am. No. 48, 1998
rep. No. 52, 1999
ss. 220, 221 ....................................rep. No. 52, 1999
ss. 221A–221I................................ad. No. 4, 1998
rep. No. 52, 1999
ss. 222–231 ....................................rep. No. 52, 1999
Part 9..............................................rep. No. 52, 1999
ss. 232–243 ....................................rep. No. 52, 1999
Part 10............................................rep. No. 52, 1999
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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
s. 275B...........................................ad. No. 16, 2009
am No 31, 2018
s. 275C...........................................ad. No. 16, 2009
s. 275D...........................................ad. No. 16, 2009
am No 31, 2018
s. 275E ...........................................ad. No. 16, 2009
Division 2
s. 276 .............................................am. No. 5, 2001; No. 177, 2007; No 4, 2016
s. 277 .............................................am. No. 5, 2001; No. 177, 2007; No 4, 2016
s. 278 .............................................am. No. 5, 2001; No. 177, 2007; No 4, 2016
Division 3
Subdivision A
s 280 ..............................................am No 86, 2006; No 177, 2007; No 39, 2015
s 281 ..............................................am No 39, 2015
s. 282 .............................................am. No. 125, 2002; No. 35, 2004; No. 45, 2005; No. 86, 2006
rep. No. 177, 2007
s. 283 .............................................am. No. 161, 1999
rep. No. 177, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 284 ..............................................am No 45, 2005; No 44, 2012; No 25, 2015; No 38, 2015; No 51, 2017
s. 285 .............................................am. No. 155, 2006; No. 169, 2012
s. 285A...........................................ad. No. 16, 2009
s. 291 .............................................am. No. 124, 2007
s. 291A...........................................ad. No. 16, 2009
s. 294 .............................................am. No. 177, 2007
Subdivision B
s. 295 .............................................am. No. 177, 2007
Division 3A
Division 3A....................................ad. No. 155, 2006
Subdivision A
s. 295A...........................................ad. No. 155, 2006
s. 295B...........................................ad. No. 155, 2006
s. 295C...........................................ad. No. 155, 2006
s. 295D...........................................ad. No. 155, 2006
s. 295E ...........................................ad. No. 155, 2006
s. 295F ...........................................ad. No. 155, 2006
s. 295G...........................................ad. No. 155, 2006
s. 295H...........................................ad. No. 155, 2006
s. 295J............................................ad. No. 155, 2006
s. 295K...........................................ad. No. 155, 2006
s. 295L ...........................................ad. No. 155, 2006
s. 295M..........................................ad. No. 155, 2006
am. No. 51, 2010
Subdivision B
s. 295P ...........................................ad. No. 155, 2006
Subdivision C
s. 295N...........................................ad. No. 155, 2006
s. 295Q...........................................ad. No. 155, 2006
s. 295R...........................................ad. No. 155, 2006
Telecommunications Act
s. 295S ...........................................ad. No. 155, 2006
1997
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 295T ...........................................ad. No. 155, 2006
Subdivision D
s. 295U...........................................ad. No. 155, 2006
am No 62, 2014
Division 3B
Division 3B....................................ad. No. 16, 2009
s. 295ZA ........................................ad. No. 16, 2009
s. 295ZD ........................................ad. No. 16, 2009
s. 295V...........................................ad. No. 16, 2009
s. 295W..........................................ad. No. 16, 2009
s. 295X...........................................ad. No. 16, 2009
s. 295Y...........................................ad. No. 16, 2009
am No 31, 2018
s. 295Z ...........................................ad. No. 16, 2009
s. 295ZB ........................................ad. No. 16, 2009
am No 31, 2018
s. 295ZC ........................................ad. No. 16, 2009
am. No. 51, 2010
am No 31, 2018
s. 295ZE.........................................ad. No. 16, 2009
Division 4
s. 298 .............................................rep. No. 177, 2007
s 299 ..............................................am No 45, 2005; No 44, 2012; No 25, 2015; No 38, 2015; No 51, 2017
s. 299A...........................................ad. No. 155, 2006
s. 302A...........................................ad. No. 16, 2009
s. 303 .............................................am. No. 5, 2001; No 4, 2016
s. 303A...........................................ad. No. 155, 2000
Division 4A
Division 4A....................................ad. No. 155, 2000
s. 303B...........................................ad. No. 155, 2000
am No 197, 2012
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 303C...........................................ad. No. 155, 2000
am No 197, 2012
Division 5
s. 305 .............................................rs. No. 177, 2007
am. No. 120, 2012
s. 306 .............................................am. No. 5, 2001; No. 177, 2007; No. 16, 2009; No. 120, 2012; No 4,
2016
s. 306A...........................................ad. No. 177, 2007
am. No. 120, 2012
s. 307 .............................................am. No. 5, 2001; No. 177, 2007; No 4, 2016
s. 308 .............................................am. No. 45, 2005; No. 177, 2007
s. 309 .............................................am. No. 177, 2007; No. 51, 2010
Part 14
Division 1
Division 1 heading.........................ad No 111, 2017
s. 311 .............................................am. No. 45, 2005; No 111, 2017; No 31, 2018
Division 2
Division 2 heading.........................ad No 111, 2017
s. 312 .............................................am. No. 45, 2005
s 313 ..............................................am No 200, 1997; No 35, 2004; No 45, 2005; No 40, 2006; No 177,
2007; No 120, 2012; No 111, 2017; No 34, 2018; No 148, 2018
s 314 ..............................................am No 200, 1997; No 45, 2005; No 177, 2007; No 39, 2015
Division 3
Division 3 ......................................ad No 111, 2017
Subdivision A
s. 314A...........................................ad. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
ad No 111, 2017
s 314B............................................ad No 111, 2017
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Subdivision B
s 314C............................................ad No 111, 2017
s 314D............................................ad No 111, 2017
s 314E ............................................ad No 111, 2017
Division 4
Division 4 heading.........................ad No 111, 2017
s. 315 .............................................am. No. 46, 2001
Division 5
Division 5 heading.........................am No 31, 2018
Division 5 ......................................ad No 111, 2017
s 315A............................................ad No 111, 2017
am No 31, 2018
s 315B............................................ad No 111, 2017
am No 31, 2018
Division 6
Division 6 heading.........................am No 31, 2018
Division 6 ......................................ad No 111, 2017
s 315C............................................ad No 111, 2017
am No 31, 2018
s 315D............................................ad No 111, 2017
s 315E ............................................ad No 111, 2017
am No 31, 2018
s 315F ............................................ad No 111, 2017
am No 31, 2018
s 315G............................................ad No 111, 2017
am No 31, 2018
Division 7
Division 7 ......................................ad No 111, 2017
s 315H............................................ad No 111, 2017
Division 8
Division 8 ......................................ad No 111, 2017
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 315J.............................................ad No 111, 2017
am No 31, 2018
Division 8A
Division 8A....................................ad No 111, 2017
s 315K............................................ad No 111, 2017
am No 31, 2018
Division 9
Division 9 heading.........................ad No 111, 2017
Part 15
Part 15............................................rs. No. 200, 1997
rep. No. 177, 2007
ad No 148, 2018
Division 1
s. 317 .............................................rs. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
s 317A............................................ad No 148, 2018
s 317B............................................ad No 148, 2018
s 317C............................................ad No 148, 2018
s 317D............................................ad No 148, 2018
s 317E ............................................ad No 148, 2018
s 317F ............................................ad No 148, 2018
Division 2
s 317G............................................ad No 148, 2018
s 317H............................................ad No 148, 2018
s 317HAA......................................ad No 148, 2018
s 317HAB ......................................ad No 148, 2018
s 317HA.........................................ad No 148, 2018
s 317J.............................................ad No 148, 2018
s 317JAA .......................................ad No 148, 2018
s 317JA..........................................ad No 148, 2018
Telecommunications Act 1997
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 317JB ..........................................ad No 148, 2018
s 317JC ..........................................ad No 148, 2018
s 317K............................................ad No 148, 2018
Division 3
s 317L............................................ad No 148, 2018
s 317LA .........................................ad No 148, 2018
s 317M...........................................ad No 148, 2018
s 317MAA .....................................ad No 148, 2018
s 317MAB .....................................ad No 148, 2018
s 317MA ........................................ad No 148, 2018
s 317N............................................ad No 148, 2018
s 317P ............................................ad No 148, 2018
s 317PA .........................................ad No 148, 2018
s 317Q............................................ad No 148, 2018
s 317R............................................ad No 148, 2018
s 317RA.........................................ad No 148, 2018
Division 4
s 317S ............................................ad No 148, 2018
s 317T............................................ad No 148, 2018
s 317TAAA....................................ad No 148, 2018
s 317TAA ......................................ad No 148, 2018
s 317TAB.......................................ad No 148, 2018
s 317TA .........................................ad No 148, 2018
s 317U............................................ad No 148, 2018
s 317V............................................ad No 148, 2018
s 317W...........................................ad No 148, 2018
s 317WA........................................ad No 148, 2018
s 317X............................................ad No 148, 2018
s 317XA.........................................ad No 148, 2018
s 317Y............................................ad No 148, 2018
s 317YA.........................................ad No 148, 2018
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 317Z............................................ad No 148, 2018
s 317ZAA ......................................ad No 148, 2018
Division 5
s 317ZA .........................................ad No 148, 2018
s 317ZB .........................................ad No 148, 2018
s 317ZC .........................................ad No 148, 2018
am No 148, 2018
s 317ZD .........................................ad No 148, 2018
am No 148, 2018
s 317ZE..........................................ad No 148, 2018
am No 148, 2018
Division 6
s 317ZF..........................................ad No 148, 2018
s 317ZFA.......................................ad No 148, 2018
Division 7
s 317ZG .........................................ad No 148, 2018
s 317ZGA ......................................ad No 148, 2018
s 317ZH .........................................ad No 148, 2018
Division 8
s 317ZJ...........................................ad No 148, 2018
s 317ZK .........................................ad No 148, 2018
s 317ZKA ......................................ad No 148, 2018
s 317ZL..........................................ad No 148, 2018
s 317ZM.........................................ad No 148, 2018
s 317ZN .........................................ad No 148, 2018
s 317ZP..........................................ad No 148, 2018
s 317ZQ .........................................ad No 148, 2018
s 317ZR .........................................ad No 148, 2018
s 317ZRA.......................................ad No 148, 2018
s 317ZRB.......................................ad No 148, 2018
s 317ZS..........................................ad No 148, 2018
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 317ZT..........................................ad No 148, 2018
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
s. 327 .............................................rs. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
s. 328 .............................................rs. No. 200, 1997
rep. No. 177, 2007
s. 329 .............................................rs. No. 200, 1997
am. No. 35, 2004; No. 45, 2005
rep. No. 177, 2007
s. 330 .............................................rs. No. 200, 1997; No. 35, 2004
am. No. 45, 2005
rep. No. 177, 2007
s. 331 .............................................rs. No. 200, 1997
am. No. 35, 2004; No. 45, 2005
rep. No. 177, 2007
s. 332 .............................................rs. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
s. 332A...........................................ad. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
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
ss. 332G, 332H ..............................ad. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
s 332J.............................................ad. No. 200, 1997
rep. No. 177, 2007
s 332K............................................ad No 200, 1997
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
s. 332Q...........................................ad. No. 200, 1997
am. No. 45, 2005
rep. No. 177, 2007
s. 332R...........................................ad. No. 200, 1997
rep. No. 177, 2007
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Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 16
Division 1
s. 334 .............................................am. No. 5, 2011
Division 2
s. 335 .............................................am. No. 45, 2005; No. 5, 2011
Division 3
s. 338 .............................................am. No. 45, 2005; No. 5, 2011
s. 339 .............................................am. No. 45, 2005
s. 341 .............................................am. No. 45, 2005
s. 342 .............................................am. No. 45, 2005
s. 343 .............................................am. No. 45, 2005
Division 4
s. 346A...........................................ad. No. 46, 2001
Division 5
s. 347 .............................................am. No. 146, 1999; No. 5, 2011
Part 17
s. 348 .............................................am. No. 140, 2002; No. 45, 2005; No 38, 2015
s. 349 .............................................am. No. 140, 2002; No. 45, 2005; No 103, 2013; No 38, 2015
s. 350 .............................................am. No. 200, 1997
s. 350A...........................................ad. No. 140, 2002
am. No. 103, 2010
s. 352 .............................................am. No. 140, 2002; No. 45, 2005; No 38, 2015
s. 353 .............................................am. No. 45, 2005
Part 18
s. 355 .............................................am. No. 45, 2005; No 103, 2013
s. 356 .............................................am. No. 45, 2005
Part 19............................................rep No 10, 2014
s 357 ..............................................rep No 109, 2014
s 358 ..............................................rep No 109, 2014
s 359 ..............................................rep No 109, 2014
s 360 ..............................................rep No 109, 2014
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s 361 ..............................................rep No 109, 2014
s. 362 .............................................am. No. 52, 1999
rep No 109, 2014
s 363 ..............................................rep No 109, 2014
Part 20
Division 3
s. 367 .............................................am. No. 45, 2005; No. 103, 2010; No 103, 2013
s. 371 .............................................am. No. 45, 2005
Part 20A
Part 20A.........................................ad. No. 107, 2011
Division 1
s. 372A...........................................ad. No. 107, 2011
Division 2
s. 372B...........................................ad. No. 107, 2011
am No 126, 2015
s. 372C...........................................ad. No. 107, 2011
am No 126, 2015
Subdivision A
s. 372F ...........................................ad. No. 107, 2011
Subdivision B
Subdivision C
Subdivision D
s. 372D...........................................ad. No. 107, 2011
Division 3
s. 372E ...........................................ad. No. 107, 2011
s. 372G...........................................ad. No. 107, 2011
s. 372H...........................................ad. No. 107, 2011
s. 372J............................................ad. No. 107, 2011
s. 372JA .........................................ad. No. 107, 2011
s. 372K...........................................ad. No. 107, 2011
am No 126, 2015
Telecommunications Act 1997
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 4
s. 372L ...........................................ad. No. 107, 2011
s. 372M..........................................ad. No. 107, 2011
s. 372N...........................................ad. No. 107, 2011
am No 126, 2015
s. 372P ...........................................ad. No. 107, 2011
s. 372S ...........................................ad. No. 107, 2011
s. 372ZA ........................................ad. No. 107, 2011
s. 372NA........................................ad. No. 107, 2011
Division 5
Division 6
s. 372Q...........................................ad. No. 107, 2011
s. 372R...........................................ad. No. 107, 2011
s. 372T ...........................................ad. No. 107, 2011
s. 372U...........................................ad. No. 107, 2011
s. 372V...........................................ad. No. 107, 2011
s. 372W..........................................ad. No. 107, 2011
s. 372X...........................................ad. No. 107, 2011
s. 372Y...........................................ad. No. 107, 2011
s. 372Z ...........................................ad. No. 107, 2011
s. 372ZB ........................................ad. No. 107, 2011
s. 372ZC ........................................ad. No. 107, 2011
rep. No. 107, 2011
s. 372ZD ........................................ad. No. 107, 2011
s. 372ZE.........................................ad. No. 107, 2011
rep. No. 107, 2011
Part 21
Division 1
s. 373 .............................................am. No. 45, 2005; No. 23, 2011
Division 3
s. 376 .............................................am. No. 45, 2005; No. 107, 2011; No 10, 2015
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 376A...........................................ad. No. 107, 2011
s. 377 .............................................am. No. 63, 2002; No. 45, 2005; No. 46, 2011
s. 378 .............................................am. No. 63, 2002; No. 45, 2005; No. 46, 2011
s. 379 .............................................am. No. 45, 2005
Division 4
s. 380 .............................................am. No. 45, 2005; No 10, 2015
s. 381 .............................................am. No. 63, 2002; No. 35, 2004; No. 45, 2005; No. 46, 2011
s. 382 .............................................am. No. 63, 2002; No. 35, 2004; No. 45, 2005; No. 46, 2011
Division 5
s. 384 .............................................am. No. 45, 2005; No. 103, 2010;No. 23, 2011; No 10, 2015
s. 385 .............................................am. No. 63, 2002; No. 45, 2005; No. 46, 2011
s. 386 .............................................am. No. 63, 2002; No. 45, 2005; No. 46, 2011
s. 387 .............................................am. No. 45, 2005
s. 389 .............................................am. No. 103, 2010
Division 5A
Division 5A....................................ad. No. 23, 2011
s. 389A...........................................ad. No. 23, 2011
s. 389B...........................................ad. No. 23, 2011
Division 6
Subdivision A
s. 390 .............................................am. No. 45, 2005
s. 391 .............................................am. No. 45, 2005
s. 392 .............................................am. No. 45, 2005
s. 393 .............................................am. No. 45, 2005
s. 394 .............................................am. No. 45, 2005
s. 395 .............................................am. No. 52, 1999
s. 396 .............................................am. No. 45, 2005
s. 397 .............................................am. No. 45, 2005
s. 398 .............................................am. No. 45, 2005; No 103, 2013
s. 399 .............................................rs. No. 5, 2001
am No 108, 2003; No 4, 2016
Telecommunications Act 1997
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 400 .............................................am. No. 45, 2005
s. 401 .............................................am. No. 45, 2005
s. 402 .............................................am. No. 45, 2005
s. 403 .............................................am. No. 45, 2005
Subdivision B
s. 404 .............................................am. No. 45, 2005; No 103, 2013
s. 405 .............................................am. No. 63, 2002; No. 45, 2005; No. 46, 2011
Division 7
s. 406A...........................................ad. No. 200, 1997
s. 407 .............................................am. No. 200, 1997; No. 45, 2005; No 103, 2013
s. 408 .............................................am. No. 200, 1997; No. 45, 2005
s. 409 .............................................am. No. 45, 2005
s. 410 .............................................am. No. 45, 2005
s. 411 .............................................am. No. 5, 2001; No. 108, 2003; No 4, 2016
s. 412 .............................................am. No. 5, 2001; No 4, 2016
s. 413 .............................................am. No. 200, 1997; No. 5, 2001; No. 108, 2003; No 4, 2016
s. 414 .............................................am. No. 5, 2001; No. 108, 2003; No 4, 2016
s. 415 .............................................am. No. 5, 2001; No. 108, 2003; No. 45, 2005; No 4, 2016
s. 416 .............................................am. No. 5, 2001; No. 108, 2003; No 4, 2016
Division 8
s. 417 .............................................am. No. 5, 2001; No. 108, 2003; No. 148, 2003; No. 45, 2005; No 103,
2013; No 4, 2016
Division 9
s. 419 .............................................am. No. 45, 2005; No 10, 2015
s. 420 .............................................am. No. 5, 2001; No. 108, 2003; No 4, 2016
s. 421 .............................................am. No. 5, 2001; No. 108, 2003; No. 45, 2005; No 103, 2013; No 4,
2016
s. 422 .............................................am. No. 63, 2002; No. 45, 2005; No. 46, 2011
s. 423 .............................................am. No. 45, 2005
s. 424 .............................................am. No. 45, 2005
s. 425 .............................................am. No. 45, 2005
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 426 .............................................am. No. 45, 2005
s. 427 .............................................am. No. 45, 2005
s. 428 .............................................am. No. 45, 2005
s. 429 .............................................am. No. 45, 2005
s. 430 .............................................am. No. 52, 1999
s. 432 .............................................am. No. 45, 2005; No 103, 2013
s. 433 .............................................am. No. 45, 2005
s. 434 .............................................rs. No. 5, 2001
am No. 108, 2003; No 4, 2016
s. 435 .............................................am. No. 45, 2005
s. 436 .............................................am. No. 45, 2005
s. 437 .............................................am. No. 45, 2005
s. 438 .............................................am. No. 45, 2005
s. 439 .............................................am. No. 45, 2005; No 103, 2013
s. 440 .............................................am. No. 45, 2005; No. 107, 2011
s. 441 .............................................am. No. 45, 2005
s. 442 .............................................am. No. 45, 2005
Division 10
s. 446 .............................................am. No. 45, 2005
s. 447 .............................................am. No. 45, 2005
Division 11
s. 450 .............................................am. No. 45, 2005; No 109, 2014; No 10, 2015
s. 451 .............................................am. No. 45, 2005
rep No 109, 2014
s. 452 .............................................am. No. 5, 2001; No 4, 2016
Division 13
Division 13 ....................................ad. No. 108, 2003
s. 453A...........................................ad. No. 108, 2003
Part 22
Division 1
s. 454 .............................................am. No. 45, 2005
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 2
Subdivision A
s. 455 .............................................am. No. 52, 1999; No. 45, 2005; No 103, 2013
s. 457 .............................................am. No. 45, 2005
s. 458 .............................................am. No. 200, 1997; No. 45, 2005; No. 103, 2010
s. 459 .............................................am. No. 45, 2005
s. 460 .............................................am. Nos. 45 and 119, 2005; No 109, 2014; No 126, 2015
s. 461 .............................................am. No. 45, 2005
s 462 ..............................................am No 103, 2013
Subdivision B
s. 463 .............................................am. No. 45, 2005; No 109, 2014
s. 464 .............................................am. No. 45, 2005; No 109, 2014
Subdivision C
s. 465 .............................................am. No. 45, 2005
s. 466 .............................................am. No. 45, 2005
s. 467 .............................................am. No. 45, 2005
s. 468 .............................................am. Nos. 8 and 45, 2005; No 103, 2013
s. 469 .............................................am. No. 45, 2005
s. 471 .............................................am. No. 5, 2011
s 472 ..............................................am No 103, 2013
Division 3
s. 474 .............................................am. No. 152, 2000; No. 45, 2005
s. 475 .............................................am. No. 152, 2000; No. 5, 2001; No. 45, 2005; No 103, 2013; No 4,
2016
s. 476 .............................................am. No. 152, 2000; No. 5, 2001; No. 45, 2005; No 103, 2013; No 4,
2016
s. 477 .............................................am. No. 45, 2005
Part 23
s. 480 .............................................am. No. 52, 1999
rep No 109, 2014
s. 480A...........................................ad. No. 52, 1999
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
am. No. 45, 2005; No 103, 2013
rep No 109, 2014
s. 481 .............................................am. No. 45, 2005
rep No 109, 2014
s. 483 .............................................am. No. 103, 2010
Part 24A
Part 24A.........................................ad. No. 104, 2005
s. 484A...........................................ad. No. 104, 2005
Part 25
Division 1
s. 485 .............................................am. No. 45, 2005
Division 2
Division 2 heading.........................am. No. 45, 2005
s. 486 .............................................am. No. 45, 2005
s. 487 .............................................am. No. 45, 2005
s. 488 .............................................am. No. 45, 2005
s. 489 .............................................am. No. 45, 2005
s. 490 .............................................am. No. 45, 2005
s. 491 .............................................am. No. 45, 2005
s. 492 .............................................am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44,
2012; No 38, 2015
s. 493 .............................................am. No. 5, 2001; No. 45, 2005; No 4, 2016
s. 494 .............................................am. No. 5, 2001; No. 45, 2005; No 4, 2016
s. 495 .............................................am. No. 45, 2005
Division 3
s. 502 .............................................am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38,
2015
s. 503 .............................................am. No. 5, 2001; No 4, 2016
s. 504 .............................................am. No. 5, 2001; No 4, 2016
s. 505A...........................................ad. No. 140, 2010
s. 505B...........................................ad. No. 140, 2010
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 506 .............................................am. No. 103, 2010
Part 26
s. 507 .............................................am. No. 45, 2005
s. 508 .............................................am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44,
2012; No 38, 2015
s. 509 .............................................am. No. 45, 2005; No. 89, 2006; No. 46, 2010
s. 510 .............................................am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44,
2012; No 38, 2015
s. 511 .............................................am. No. 45, 2005
s. 512 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44, 2012; No 38,
2015
s. 513 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44, 2012; No 38,
2015
s. 514 .............................................am. No. 45, 2005
s. 515 .............................................am. No. 45, 2005
s. 515A...........................................ad. No. 89, 2006
am. Nos. 46 and 51, 2010
s. 516 .............................................am. No. 45, 2005
s. 517 .............................................am. No. 45, 2005
s. 518 .............................................am. No. 130, 2003; No. 45, 2005; No. 89, 2006
s. 519 .............................................am. No. 45, 2005
Part 27
Part 27 heading ..............................am. No. 45, 2005
Division 1
s. 520 .............................................am. No. 45, 2005
Division 2
s. 521 .............................................am. No. 5, 2001; No. 45, 2005
s. 522 .............................................am. No. 5, 2001; No. 45, 2005; No 4, 2016
s. 523 .............................................am. No. 45, 2005
s. 524 .............................................am. No. 5, 2001
s. 525 .............................................am. No. 5, 2001
s. 526 .............................................rep. No. 5, 2001
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 527 .............................................am. No. 45, 2005
s. 528 .............................................am. No. 45, 2005
Division 3
s. 529 .............................................am. No. 52, 1999; No. 45, 2005; No. 140, 2010
s. 531 .............................................am. No. 5, 2001; No 4, 2016
Part 27A.........................................ad. No. 22, 2008
rep No 109, 2014
Division 1 ......................................ad. No. 22, 2008
rep No 109, 2014
s. 531A...........................................ad. No. 22, 2008
rep No 109, 2014
s. 531B...........................................ad. No. 22, 2008
rep No 109, 2014
s. 531C...........................................ad. No. 22, 2008
am. No. 8, 2010; No. 46, 2011
rep No 109, 2014
s. 531D...........................................ad. No. 22, 2008
am. No. 8, 2010
rep No 109, 2014
s. 531E ...........................................ad. No. 22, 2008
rep No 109, 2014
Division 2 ......................................ad. No. 22, 2008
rep No 109, 2014
s. 531F ...........................................ad. No. 22, 2008
(1) exp 27 May 2009 (see s 531F(3))
(2) exp 27 May 2009 (see s 531F(3))
rep No 109, 2014
Division 3 ......................................ad. No. 22, 2008
rep No 109, 2014
s. 531G...........................................ad. No. 22, 2008
Telecommunications Act
(2)(e) exp 27 May 2009 (see s 531G(3))
1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
253
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
(3A)(e) exp 27 May 2009 (see s 531G(3B))
rep No 109, 2014
s. 531H...........................................ad. No. 22, 2008
rep No 109, 2014
s. 531J............................................ad. No. 22, 2008
rep No 109, 2014
s. 531K...........................................ad. No. 22, 2008
rep No 109, 2014
s. 531L ...........................................ad. No. 22, 2008
rep No 109, 2014
s. 531M..........................................ad. No. 22, 2008
am. No. 46, 2011
rep No 109, 2014
s. 531N...........................................ad. No. 22, 2008
am. No. 46, 2011
rep No 109, 2014
s. 531P ...........................................ad. No. 22, 2008
rep No 109, 2014
s. 531Q...........................................ad. No. 22, 2008
rep No 109, 2014
Part 28
Division 1
Division 1 heading.........................rs. No. 130, 2003
s. 532 .............................................am. No. 130, 2003
s. 532A...........................................ad. No. 130, 2003
Division 2
s. 533 .............................................am. No. 45, 2005
s. 534 .............................................am. No. 5, 2001; No. 45, 2005
Division 3
Division 3 heading.........................rs. No. 130, 2003
s. 535 .............................................am. No. 5, 2001; No. 130, 2003
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
254
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 537 .............................................am. No. 130, 2003
Division 4
Division 4 heading.........................rs. No. 130, 2003
s. 541A...........................................ad. No. 130, 2003
s. 542 .............................................am. No. 5, 2001; No. 130, 2003
s. 544 .............................................am. No. 5, 2001; No. 130, 2003
s. 545 .............................................am. No. 5, 2001
s. 546 .............................................am. No. 52, 1999; No. 130, 2003; No. 45, 2005
Division 5A
Division 5A....................................ad. No. 130, 2003
s. 547A...........................................ad. No. 130, 2003
s. 547B...........................................ad. No. 130, 2003
s. 547C...........................................ad. No. 130, 2003
s. 547D...........................................ad. No. 130, 2003
s. 547E ...........................................ad. No. 130, 2003
s. 547F ...........................................ad. No. 130, 2003
s. 547G...........................................ad. No. 130, 2003
s. 547H...........................................ad. No. 130, 2003
Division 5B
Division 5B....................................ad. No. 130, 2003
s. 547J............................................ad. No. 130, 2003
am No 4, 2016
Division 6
s. 548 .............................................am. No. 5, 2001
s. 549 .............................................am. No. 5, 2001; No. 130, 2003; No 4, 2016
s. 550 .............................................am. No. 130, 2003
Division 7
s. 551 .............................................am. No. 52, 1999; No. 5, 2001; No. 44, 2012; No 38, 2015
s. 552 .............................................am. No. 45, 2005
Division 8
s. 553 .............................................am. No. 52, 1999; No. 5, 2001
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
255
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 29
s. 554 .............................................am. No. 45, 2005
s. 555 .............................................am. No. 45, 2005
s. 556 .............................................am. No. 45, 2005
s. 557 .............................................am. No. 45, 2005
s. 558 .............................................am. No. 45, 2005
s. 559 .............................................am. No. 45, 2005
s. 560 .............................................am. No. 45, 2005
s. 562 .............................................am. No. 45, 2005
Part 30
s. 563 .............................................am. No. 52, 1999; No. 44, 2012; No 38, 2015
s. 564 .............................................am. No. 52, 1999; No. 45, 2005; No 103 2010; No 140, 2010 (Sch 1
items 52, 53); No. 23, 2011; No. 44, 2012; No 38, 2015; No 111, 2017;
No 31, 2018
Part 31
s 570 ..............................................am No 52, 1999; No 89, 2006; No 44, 2012; No 38, 2015; No 148,
2018
s. 571 .............................................am. No. 52, 1999; No. 45, 2005; No 103, 2010; 140, 2010 (Sch 1
items 54, 55); No. 23, 2011; No 111, 2017; No 31, 2018
Part 31A
Part 31A.........................................ad. No. 119, 2005
s. 572A...........................................ad. No. 119, 2005
am No 111, 2017; No 31, 2018
s. 572B...........................................ad. No. 119, 2005
am. No. 89, 2006; No. 8, 2010; No. 44, 2012; No 38, 2015; No 111,
2017; No 31, 2018
s. 572C...........................................ad. No. 119, 2005
am No 111, 2017; No 31, 2018
Part 31B
Part 31B.........................................ad. No. 140, 2010
s. 572D...........................................ad. No. 140, 2010
s. 572E ...........................................ad. No. 140, 2010
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
256
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
am. No. 23, 2011; No. 44, 2012; No 38, 2015
s. 572F ...........................................ad. No. 140, 2010
s. 572G...........................................ad. No. 140, 2010
s. 572H...........................................ad. No. 140, 2010
s. 572J............................................ad. No. 140, 2010
s. 572K...........................................ad. No. 140, 2010
s. 572L ...........................................ad. No. 140, 2010
s. 572M..........................................ad. No. 140, 2010
am No 126, 2015
s. 572N...........................................ad. No. 140, 2010
Part 32
s. 574 .............................................am. No. 5, 2001
s. 574A...........................................ad. No. 52, 1999
am. No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38, 2015
s. 576 .............................................am. No. 5, 2001
Part 33
Part 33............................................rep. No. 5, 2001
ad. No. 140, 2010
Division 1
s. 577 .............................................am. No. 52, 1999
rep. No. 5, 2001
ad. No. 140, 2010
Division 2
Subdivision A
s. 577A...........................................ad. No. 140, 2010
s. 577AA........................................ad. No. 140, 2010
s. 577AB ........................................ad. No. 140, 2010
s. 577AC ........................................ad. No. 140, 2010
s. 577AD........................................ad. No. 140, 2010
s. 577B...........................................ad. No. 140, 2010
s. 577BA........................................ad. No. 140, 2010
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
257
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
am. No. 23, 2011
Subdivision B
s. 577BB ........................................ad. No. 140, 2010
s. 577BC ........................................ad. No. 140, 2010
am. No. 23, 2011
s. 577BDA .....................................ad. No. 140, 2010
s. 577CB ........................................ad. No. 140, 2010
s. 577CC ........................................ad. No. 140, 2010
s. 577EA ........................................ad. No. 140, 2010
s. 577ED ........................................ad. No. 140, 2010
s. 577F ...........................................ad. No. 140, 2010
s. 577BD........................................ad. No. 140, 2010
s. 577BDB .....................................ad. No. 140, 2010
s. 577BDC .....................................ad. No. 140, 2010
s. 577BE ........................................ad. No. 140, 2010
s. 577BF.........................................ad. No. 140, 2010
Division 3
s. 577C...........................................ad. No. 140, 2010
s. 577CA........................................ad. No. 140, 2010
s. 577CD........................................ad. No. 140, 2010
s. 577D...........................................ad. No. 140, 2010
Division 4
s. 577E ...........................................ad. No. 140, 2010
s. 577EB ........................................ad. No. 140, 2010
s. 577EC ........................................ad. No. 140, 2010
Division 5
s. 577G...........................................ad. No. 140, 2010
Division 6
s. 577GA........................................ad. No. 140, 2010
s. 577H...........................................ad. No. 140, 2010
s. 577J............................................ad. No. 140, 2010
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
258
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 577K...........................................ad. No. 140, 2010
s. 577L ...........................................ad. No. 140, 2010
Division 7
s. 577M..........................................ad. No. 140, 2010
s. 577N...........................................ad. No. 140, 2010
s. 577P ...........................................ad. No. 140, 2010
s. 577Q...........................................ad. No. 140, 2010
s. 578 .............................................am. No. 52, 1999
rep. No. 5, 2001
Part 34
Part 34 heading ..............................rs. No. 35, 2004
am. No. 45, 2005
rs No 25, 2015
s 579 ..............................................am No 45, 2005; No 25, 2015; No 51, 2017
s. 580 .............................................am. No. 45, 2005
s 581 ..............................................am No 35, 2004; No 45, 2005; No 25, 2015; No 51, 2017; No 111,
2017; No 31, 2018
Part 35
s. 582 .............................................am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38,
2015
s. 583 .............................................am. No. 52, 1999; No. 44, 2012; No 38, 2015
s. 585 .............................................am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38,
2015
s. 586 .............................................am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38,
2015
s. 587 .............................................am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44,
2012; No 38, 2015
s. 588 .............................................am. No. 52, 1999; No. 44, 2012; No 38, 2015
s. 589 .............................................am. No. 140, 2002; No. 130, 2003; No. 89, 2006; No. 103, 2010;
No. 44, 2012; No 10, 2015; No 38, 2015
s. 590 .............................................am. No. 52, 1999
s. 591 .............................................am. No. 52, 1999; No. 130, 2003; No. 89, 2006
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
259
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
s. 592 .............................................am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38,
2015; No 59, 2015
Schedule 1
Part 1
c. 1 .................................................am. No. 52, 1999; No. 177, 2007; No. 44, 2012; No 38, 2015
Part 2..............................................rep. No. 119, 2005
cc. 2, 3 ...........................................rep. No. 119, 2005
c. 4 .................................................am. No. 200, 1997; No. 45, 2005
rep. No. 119, 2005
c. 5 .................................................am. No. 140, 2002; No. 45, 2005
rep. No. 119, 2005
cc. 6, 7 ...........................................rep. No. 119, 2005
cc. 8, 9 ...........................................am. No. 200, 1997
rep. No. 119, 2005
c. 10 ...............................................rep. No. 119, 2005
c. 11 ...............................................rs. No. 200, 1997
rep. No. 119, 2005
cc. 12–15........................................rep. No. 119, 2005
Part 3
c. 17 ...............................................am. Nos. 103 and 140, 2010
c. 18 ...............................................am. No. 140, 2010
c 19 ................................................am No 103, 2013
Part 4
c. 21 ...............................................am. No. 140, 2002
c. 22 ...............................................am. No. 140, 2002
c. 23 ...............................................am. No. 140, 2002
c. 24 ...............................................am. No. 140, 2002
c. 27A ............................................ad. No. 52, 1999
am No 103, 2013
c 28 ................................................am No 103, 2013
c. 29A ............................................ad. No. 52, 1999
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
260
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 103, 2013
Part 5
c. 31 ...............................................am. No. 140, 2010; No. 46, 2011
c. 33 ...............................................am. No. 45, 2005; No. 140, 2010
c. 34 ...............................................am. No. 45, 2005; No. 140, 2010
c. 35 ...............................................am. No. 45, 2005; No. 140, 2010
c. 36 ...............................................am. No. 140, 2010
c 37 ................................................am No 103, 2013
Part 7
Part 7..............................................ad. No. 119, 2005
c. 44A ............................................ad. No. 119, 2005
c. 45 ...............................................ad. No. 119, 2005
am. No. 103, 2010; No. 23, 2011
c. 46 ...............................................ad. No. 119, 2005
c. 47 ...............................................ad. No. 119, 2005
am. No. 103, 2010; No 126, 2015
Part 8..............................................ad. No. 119, 2005
rep. No. 140, 2010
cc. 48, 49........................................ad. No. 119, 2005
rep. No. 140, 2010
c. 50 ...............................................ad. No. 119, 2005
am. No. 103, 2010
rep. No. 140, 2010
c. 50A ............................................ad. No. 119, 2005
am. No. 103, 2010
rep. No. 140, 2010
cc. 50B, 50C ................................ ad. No. 119, 2005
rep. No. 140, 2010
c. 51 ...............................................ad. No. 119, 2005
am. No. 8, 2010
rep. No. 140, 2010
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
261
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 52 ...............................................ad. No. 119, 2005
rep. No. 140, 2010
c. 53 ...............................................ad. No. 119, 2005
am. No. 8, 2010
rep. No. 140, 2010
cc. 54–56........................................ad. No. 119, 2005
rep. No. 140, 2010
c. 56A ............................................ad. No. 119, 2005
rep. No. 140, 2010
cc. 57, 58........................................ad. No. 119, 2005
am. No. 8, 2010
rep. No. 140, 2010
cc. 59–65........................................ad. No. 119, 2005
rep. No. 140, 2010
c. 66 ...............................................ad. No. 119, 2005
am. No. 8, 2010
rep. No. 140, 2010
Part 9
Part 9..............................................ad. No. 140, 2010
Division 1
c. 68 ...............................................ad. No. 140, 2010
c. 69 ...............................................ad. No. 140, 2010
c. 70 ...............................................ad. No. 140, 2010
c. 71 ...............................................ad. No. 140, 2010
c. 72 ...............................................ad. No. 140, 2010
Division 2
c. 73 ...............................................ad. No. 140, 2010
c. 74 ...............................................ad. No. 140, 2010
c. 75 ...............................................ad. No. 140, 2010
c. 76 ...............................................ad. No. 140, 2010
c. 77 ...............................................ad. No. 140, 2010
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
262
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 78 ...............................................ad. No. 140, 2010
c. 79 ...............................................ad. No. 140, 2010
c. 80 ...............................................ad. No. 140, 2010
c. 81 ...............................................ad. No. 140, 2010
c. 82 ...............................................ad. No. 140, 2010
Part 10
Part 10............................................ad. No. 140, 2010
Division 1
c. 83 ...............................................ad. No. 140, 2010
Division 2
c. 84 ...............................................ad. No. 140, 2010
c. 85 ...............................................ad. No. 140, 2010
Division 3
c. 86 ...............................................ad. No. 140, 2010
c. 87 ...............................................ad. No. 140, 2010
c. 88 ...............................................ad. No. 140, 2010
Schedule 2
Part 1
c. 1 .................................................am. No. 52, 1999; No. 177, 2007; No. 44, 2012; No 38, 2015
Part 5
c. 13 ...............................................am. No. 52, 1999; No. 45, 2005; No 103, 2013
c. 14 ...............................................am. No. 45, 2005
c. 15 ...............................................am. No. 155, 2000; No. 45, 2005; No 197, 2012
Part 6
Part 6..............................................ad. No. 140, 2010
c. 16 ...............................................ad. No. 140, 2010
c. 17 ...............................................ad. No. 140, 2010
c. 18 ...............................................ad. No. 140, 2010
c. 19 ...............................................ad. No. 140, 2010
c. 20 ...............................................ad. No. 140, 2010
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
263
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
Schedule 3
Part 1
Division 1
c 2 ..................................................am No 92, 1999; No 104, 2005; No 5, 2011; No 46, 2011; No 6, 2019
Division 2
c. 5 .................................................am. No. 200, 1997
Division 3
c 6 ..................................................am No 104, 2005; No 46, 2011; No 103, 2013; No 126, 2015; No 6,
2019
ed C92
Division 4
c 7 ..................................................am No 6, 2019
Division 5
c 8A ...............................................ad No 6, 2019
c 8B................................................ad No 6, 2019
c 8C................................................ad No 6, 2019
c 9 ..................................................am No 6, 2019
c 9A ...............................................ad No 6, 2019
c. 12 ...............................................am. No. 45, 2005
c. 15 ...............................................am. No. 104, 2005; No 103, 2013
c 17 ................................................am No 200, 1997; No 92, 1999; No 6, 2019
c. 18 ...............................................am. No. 200, 1997
c. 19 ...............................................am. No. 200, 1997
Division 6
c. 21 ...............................................am. No. 45, 2005
c. 22 ...............................................am. No. 45, 2005
c. 23 ...............................................am. No. 45, 2005
c. 25 ...............................................am. No. 45, 2005
c. 26 ...............................................am. No. 45, 2005
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
264
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 27 ...............................................am. No. 200, 1997; No. 92, 1999; Nos. 86 and 114, 2003; No. 45,
2005; No. 103, 2010; No. 46, 2011; No. 44, 2012; No 109, 2014; No
38, 2015
c. 28 ...............................................am. No. 92, 1999; No. 86, 2003; No. 45, 2005
c. 29 ...............................................am. No. 45, 2005
c. 30 ...............................................am. No. 52, 1999
c. 31 ...............................................am. No. 45, 2005
c. 33 ...............................................am. No. 45, 2005
c. 34 ...............................................am. No. 45, 2005
c. 35 ...............................................am. No. 45, 2005
Division 8
c. 40 ...............................................rep. No. 114, 2003
c. 41 ...............................................am. No. 45, 2005
c 44 ................................................am No 46, 2011; No 103, 2013; No 126, 2015
c 46 ................................................am No 52, 1999; No 45, 2005; No 46, 2011; No 103, 2013; No 126,
2015
c. 48 ...............................................am. No. 45, 2005
c 49 ................................................rep No 103, 2013
c. 50 ...............................................am. No. 45, 2005
c. 51 ...............................................am. No. 45, 2005
c. 55 ...............................................am. No. 119, 1998; No. 92, 1999; No. 45, 2005
rep No 109, 2014
Part 2
cc. 56–59........................................rep. No. 45, 2005
Part 3
Part 3..............................................ad. No. 104, 2005
c. 62 ...............................................ad. No. 104, 2005
c. 63 ...............................................ad. No. 104, 2005
Schedule 3A
Schedule 3A...................................ad. No. 104, 2005
Part 1
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
265
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 1 .................................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 2 .................................................ad. No. 104, 2005
am. No. 104, 2005; No. 46, 2011; No 33, 2014
c 2A ...............................................ad No 33, 2014
c 2B................................................ad No 33, 2014
Part 2
Division 1
c. 3 .................................................ad. No. 104, 2005
am. No. 104, 2005
Division 2
Subdivision A
c. 4 .................................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 5 .................................................ad. No. 104, 2005
am. No. 104, 2005
c. 6 .................................................ad. No. 104, 2005
am. No. 104, 2005
c. 7 .................................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 8 .................................................ad. No. 104, 2005
c. 9 .................................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 10 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 11 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 12 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 13 ...............................................ad. No. 104, 2005
am. No. 104, 2005
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
266
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 14 ...............................................ad. No. 104, 2005
am. No. 104, 2005
Subdivision B
c. 15 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 16 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 17 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No. 8, 2010
rs No 33, 2014
c 17A .............................................ad No 33, 2014
c. 18 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 19 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 20 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 21 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 22 ...............................................ad. No. 104, 2005
am. No. 104, 2005
Division 3
Subdivision A
c. 23 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 24 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 25 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 26 ...............................................ad. No. 104, 2005
am. No. 104, 2005
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
267
Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 27 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 28 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 29 ...............................................ad. No. 104, 2005
Subdivision B
c. 30 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 31 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 32 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No. 8, 2010
rs No 33, 2014
c 32A .............................................ad No 33, 2014
c. 33 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 34 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 35 ...............................................ad. No. 104, 2005
am. No. 104, 2005
Division 4
Subdivision A
c. 36 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 37 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 38 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 39 ...............................................ad. No. 104, 2005
am No 33, 2014
Subdivision B
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 40 ...............................................ad. No. 104, 2005
c. 41 ...............................................ad. No. 104, 2005
c. 42 ...............................................ad. No. 104, 2005
c. 43 ...............................................ad. No. 104, 2005
c. 44 ...............................................ad. No. 104, 2005
am No 33, 2014
Subdivision C
Subdivision C ................................ad No 33, 2014
c 44A .............................................ad No 33, 2014
Division 5
c. 45 ...............................................ad. No. 104, 2005
c. 46 ...............................................ad. No. 104, 2005
c. 47 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014; No 41, 2015; No. 117, 2017
c. 48 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 49 ...............................................ad. No. 104, 2005
am. No. 104, 2005
Part 3
Division 1
c. 50 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
Division 2
c. 51 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rs No 33, 2014
c. 52 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 53 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 54 ...............................................ad. No. 104, 2005
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c 54A .............................................ad No 33, 2014
c. 55 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c 55A .............................................ad No 33, 2014
am No 31, 2018
c. 56 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 57 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rs No 33, 2014
am No 31, 2018
c 57A .............................................ad No 33, 2014
am No 31, 2018
c. 58 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rs No 33, 2014
am No 31, 2018
c 58A .............................................ad No 33, 2014
c. 59 ...............................................ad. No. 104, 2005
c. 60 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 61 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 62 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 63 ...............................................ad. No. 104, 2005
Division 3
c. 64 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 65 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
Telecommunications Act 1997
Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 66 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 67 ...............................................ad. No. 104, 2005
c 67A .............................................ad No 33, 2014
c. 68 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 69 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c. 70 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rs No 33, 2014
am No 31, 2018
c. 71 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014; No 31, 2018
c. 72 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rep No 33, 2014
c 72A .............................................ad No 33, 2014
am No 31, 2018
c. 73 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rs No 33, 2014
am No 31, 2018
c 73A .............................................ad No 33, 2014
c. 74 ...............................................ad. No. 104, 2005
c. 75 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 76 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 77 ...............................................ad. No. 104, 2005
am. No. 104, 2005
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Compilation No. 92 Compilation date: 2/3/19 Registered: 12/3/19
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Authorised Version C2019C00104 registered 12/03/2019
Endnotes
Endnote 4—Amendment history
Provision affected How affected
Division 4
c. 78 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 70 ...............................................ad. No. 104, 2005
c. 80 ...............................................ad. No. 104, 2005
c. 81 ...............................................ad. No. 104, 2005
am. No. 104, 2005
c. 82 ...............................................ad. No. 104, 2005
c. 83 ...............................................ad. No. 104, 2005
c 83A .............................................ad No 33, 2014
Division 5
c. 84 ...............................................ad. No. 104, 2005
am No 33, 2014
c 84A .............................................ad No 33, 2014
c. 85 ...............................................ad. No. 104, 2005
am No 33, 2014
c. 86 ...............................................ad. No. 104, 2005
am. No. 104, 2005; No 33, 2014
c 86A .............................................ad No 33, 2014
Part 4
c. 87 ...............................................ad. No. 104, 2005
c. 88 ...............................................ad. No. 104, 2005
Part 5
c. 89 ...............................................ad. No. 104, 2005
am. No. 104, 2005
rs No 33, 2014
c 90 ................................................ad No 31, 2018
Schedule 4
Schedule 4 heading ........................am No 45, 2005
Part 1
Part 1 heading ................................am No 45, 2005
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
c. 1 .................................................am. No. 52, 1999; No. 142, 2000; No. 140, 2002; No. 35, 2004; No 45,
2005; No. 104, 2005; No. 155, 2006; No. 44, 2012; No 33 and 109,
2014; No 38, 2015; No 145, 2015
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Endnotes
Endnote 5—Editorial changes
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial
change(s) were made under the Legislation Act 2003.
Subparagraph 6(5)(e)(vi) of Schedule 3
Kind of editorial change
Changes to grammar, syntax or the use of conjuctives or disjunctives
Details of editorial change
Schedule 2 item 2 of the Telecommunications Legislation Amendment Act 2019
instructs to repeal paragraphs 6(5)(a) and (b) of Schedule 3 and substitute
paragraphs 6(5)(a) to (g).
In the substituted paragraphs, the subparagraphs that contain an em rule begin
with the words “in a case where”. Subparagraph 6(5)(e)(vi) contains an em rule
but does not begin with the words “in a case where”.
This compilation was editorially changed to insert the words “in a case where”
at the beginning of subparagraph 6(5)(e)(vi) to correct the syntax.
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