Telecommunications Act 1997 (consolidated as of June 23, 2017), Australia, WIPO Lex

Telecommunications Act 1997 (consolidated as of 23 June 2017)

Prepared by the Office of Parliamentary Counsel, Canberra

Telecommunications Act 1997

No. 47, 1997

Compilation No. 85

Compilation date: 23 June 2017

Includes amendments up to: Act No. 51, 2017

Registered: 30 June 2017

This compilation is in 2 volumes

Volume 1: sections 1–594

Volume 2: Schedules

Endnotes

Each volume has its own contents

Authorised Version C2017C00179 registered 30/06/2017

About this compilation

This compilation

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

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

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

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

law.

Uncommenced amendments

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

compiled law. Any uncommenced amendments affecting the law are accessible

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

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

underlined in the endnotes. For more information on any uncommenced

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

law.

Application, saving and transitional provisions for provisions and

amendments

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

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

compilation, details are included in the endnotes.

Editorial changes

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

the endnotes.

Modifications

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

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

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

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

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

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

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 i

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

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

Authorised Version C2017C00179 registered 30/06/2017

ii Telecommunications Act 1997

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

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

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

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

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

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

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

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

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

46 Carriers must obtain designated interconnection services

from carriage service providers for the purpose of ensuring

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

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

Part 9—Functional separation of Telstra 33

Division 1—Introduction 33

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

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

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

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

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

Division 2—Functional separation undertaking 36

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

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

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

76 Draft functional separation undertaking to be given to

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

77 Approval of draft functional separation undertaking by

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

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

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

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

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

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

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 iii

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

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

Authorised Version C2017C00179 registered 30/06/2017

iv Telecommunications Act 1997

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

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

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

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

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

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

19 Information for prospective residential customers of a

carriage service provider who does not offer priority

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

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

Schedule 3—Carriers’ powers and immunities 72

Part 1—General provisions 72

Division 1—Simplified outline and definitions 72

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

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

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

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

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

Division 2—Inspection of land 78

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

Division 3—Installation of facilities 80

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

Division 4—Maintenance of facilities 82

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

Division 5—Conditions relating to the carrying out of authorised

activities 85

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

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

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

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

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

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

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

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

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

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

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 v

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

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

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

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

Division 6—Facility installation permits 93

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Division 7—Exemptions from State and Territory laws 106

36 Activities not generally exempt from State and Territory

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

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

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

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

Division 8—Miscellaneous 108

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

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

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

44 State and Territory laws that discriminate against carriers

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

45 State and Territory laws may confer powers and immunities

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

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

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

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

48 ACMA may inform the public about designated overhead

lines, telecommunications transmission towers and

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

Authorised Version C2017C00179 registered 30/06/2017

vi Telecommunications Act 1997

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

50 Monitoring of progress in relation to placing facilities

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

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

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

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

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

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

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

61 Existing buildings, structures and facilities—application of

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

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

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

Schedule 3A—Protection of submarine cables 122

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

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

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

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

Part 2—Protection zones 129

Division 1—Simplified outline 129

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

Division 2—Declaration of protection zones 130

Subdivision A—Declarations 130

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

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

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

7 Decision not to declare a requested protection zone or to

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

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

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

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

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

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

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

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 vii

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

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

Subdivision B—Prerequisites to declaration of a protection zone 137

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

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

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

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

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

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

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

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

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

Division 3—Varying or revoking a declaration of a protection

zone 143

Subdivision A—Variation or revocation 143

23 ACMA may vary or revoke a declaration of a protection

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

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

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

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

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

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

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

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

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

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

Subdivision B—Prerequisites to variation or revocation of

declaration 145

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

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

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

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

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

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

35 Deadline for final decision about varying or revoking a

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

Division 4—Offences in relation to a protection zone 149

Subdivision A—Damaging a submarine cable 149

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

Authorised Version C2017C00179 registered 30/06/2017

viii Telecommunications Act 1997

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

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

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

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

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

Subdivision B—Engaging in prohibited or restricted activities 150

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

41 Aggravated offence of engaging in prohibited or restricted

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

42 Defences to offences of engaging in prohibited or restricted

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

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

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

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

Subdivision C—Foreign nationals and foreign ships 153

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

Division 5—Miscellaneous 155

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

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

47 ACMA to notify relevant authorities of declaration, variation

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

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

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

Part 3—Permits to install submarine cables 159

Division 1—Simplified outline 159

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

Division 2—Protection zone installation permits 161

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

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

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

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

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

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

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

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

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

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

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

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

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 ix

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

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

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

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

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

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

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

Division 3—Non-protection zone installation permits 173

64 Application for a permit to install an international submarine

cable in Australian waters (otherwise than in a protection

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Division 4—Conditions applicable to the installation of

submarine cables 183

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

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

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

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

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

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

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

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

Division 5—Offences in relation to installation of submarine

cables 186

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

Authorised Version C2017C00179 registered 30/06/2017

x Telecommunications Act 1997

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

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

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

86 Failing to comply with ACMA direction to remove an

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

86A Failing to comply with ACMA direction to remove an

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

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

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

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

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

Schedule 4—Reviewable decisions of the ACMA 193

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

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

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

Endnotes 198

Endnote 1—About the endnotes 198

Endnote 2—Abbreviation key 200

Endnote 3—Legislation history 201

Endnote 4—Amendment history 218

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Compliance with this Act Part 1

Clause 1

Telecommunications Act 1997 1

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 3 Access to supplementary facilities

Clause 16

2 Telecommunications Act 1997

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

Part 3—Access to supplementary facilities

16 Simplified outline

The following is a simplified outline of this Part:

• Carriers must provide other carriers with access to facilities

for the purpose of enabling the other carriers to:

(a) provide competitive facilities and competitive

carriage services; or

(b) establish their own facilities.

17 Access to supplementary facilities

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

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

facilities owned or operated by the first carrier.

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

unless:

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

second carrier:

(i) to provide competitive facilities and competitive

carriage services; or

(ii) to establish its own facilities; and

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

the second carrier requires the access; and

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

cabling or customer equipment—the facilities:

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

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to supplementary facilities Part 3

Clause 17

Telecommunications Act 1997 3

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

(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;

engage in conduct in connection with matters covered by the

final migration plan.

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

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

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

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

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

become satisfied; and

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

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

provisions;

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

time the request was made:

(d) the contract was in force; and

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

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

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

whether compliance with the request will promote the long-term

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

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 3 Access to supplementary facilities

Clause 18

4 Telecommunications Act 1997

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

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

Competition and Consumer Act 2010.

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

be had.

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

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

corporation; and

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

facilities owned or operated by Telstra; and

NBN corporation being the operator of the facilities;

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

facilities.

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

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

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

located; or

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

telecommunications network owned or operated by a carrier.

(6) In this clause:

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

18 Terms and conditions of access

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

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

(a) agreed between the following parties:

(i) the first carrier;

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

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

the parties.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to supplementary facilities Part 3

Clause 19

Telecommunications Act 1997 5

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

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).

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 3 Access to supplementary facilities

Clause 19

6 Telecommunications Act 1997

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to network information Part 4

Clause 20

Telecommunications Act 1997 7

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 4 Access to network information

Clause 22

8 Telecommunications Act 1997

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

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;

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to network information Part 4

Clause 24

Telecommunications Act 1997 9

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

(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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 4 Access to network information

Clause 25

10 Telecommunications Act 1997

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

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

made.

25 Access to quality of service information etc.

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

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

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

provide the second carrier with timely and detailed information

relating to:

(a) conditions affecting the quality of service experienced by

customers of the second carrier; and

(b) localisation of telecommunications network conditions

affecting traffic offered by the second carrier to the first

carrier’s telecommunications network; and

in which telecommunications network calls have failed; and

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

each of the first carrier’s telecommunications networks which

contribute to a level of uncompleted calls, affecting the

second carrier’s offered traffic, beyond the threshold agreed

by the first carrier and the second carrier and consistent with

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

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

of unsuccessful call ratios across the first carrier’s

telecommunications network, categorised by cause of call

failure and including separate identification of

telecommunications network difficulties and congestion; and

(f) telecommunications network control actions taken by the

first carrier which would affect the completion success rate of

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

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

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

the second carrier’s request is reasonable.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to network information Part 4

Clause 26

Telecommunications Act 1997 11

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

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

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

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

made.

(5) In this clause:

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

of recommendations dealing with quality of service,

telecommunications network management and traffic engineering

promulgated by the International Telecommunication Union, being

recommendations in force on:

(a) 1 July 1997; or

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

26 Security procedures

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

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

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

security procedures:

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

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

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

procedures designed to protect the confidentiality of information.

27 Terms and conditions of compliance

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

must comply with a requirement imposed on the first carrier by

that clause on such terms and conditions as are:

(a) agreed between the following parties:

(i) the first carrier;

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

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

the parties.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 4 Access to network information

Clause 27A

12 Telecommunications Act 1997

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

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

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to network information Part 4

Clause 29

Telecommunications Act 1997 13

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

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

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

pricing determination.

(3) In this clause:

price-related terms and conditions means terms and conditions

relating to price or a method of ascertaining price.

29 Consultation about reconfiguration etc.

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

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

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

consult with the second carrier before modifying or reconfiguring

the first carrier’s telecommunications network.

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

the modification or reconfiguration has a bearing on the second

carrier’s:

(a) telecommunications network planning activities; or

(b) telecommunications network maintenance activities; or

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

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

(a) agreed between the following parties:

(i) the first carrier;

(ii) the second carrier; or

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

the parties.

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

ACCC is to be the arbitrator.

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

conduct of an arbitration under this clause.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 4 Access to network information

Clause 29A

14 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to telecommunications transmission towers and to underground facilities Part 5

Clause 30

Telecommunications Act 1997 15

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

Part 5—Access to telecommunications transmission

towers and to underground facilities

30 Simplified outline

The following is a simplified outline of this Part:

• Carriers must provide other carriers with access to:

(a) telecommunications transmission towers; and

(b) the sites of telecommunications transmission

towers; and

lines.

31 Definitions

In this Part:

eligible underground facility means an underground facility that is

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

lines.

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

site means:

(a) land; or

(b) a building on land; or

telecommunications transmission tower means:

(a) a tower; or

(b) a pole; or

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 5 Access to telecommunications transmission towers and to underground facilities

Clause 32

16 Telecommunications Act 1997

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

(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:

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to telecommunications transmission towers and to underground facilities Part 5

Clause 33

Telecommunications Act 1997 17

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

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

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

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

the tower; and

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

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

(i) changing the configuration or operating parameters of a

facility situated on the tower; and

(ii) making alterations to the tower; and

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

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

consult the ACMA.

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

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

endeavours to make that decision within 10 business days after the

request was made.

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

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

following effects:

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

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

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

engage in conduct in connection with matters covered by the

final migration plan.

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

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

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 5 Access to telecommunications transmission towers and to underground facilities

Clause 34

18 Telecommunications Act 1997

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

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

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

become satisfied; and

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

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

provisions;

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

time the request was made:

(d) the contract was in force; and

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

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

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

corporation; and

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

telecommunications transmission tower owned or operated

by Telstra; and

NBN corporation being the operator of the

telecommunications transmission tower;

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

telecommunications transmission tower.

34 Access to sites of telecommunications transmission towers

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

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

if:

(a) either:

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

carrier; or

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

unconditional) to use the site; and

(b) there is situated on the site a telecommunications

transmission tower owned or operated by the first carrier.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to telecommunications transmission towers and to underground facilities Part 5

Clause 34

Telecommunications Act 1997 19

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

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

unless:

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

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

connection with the supply of a carriage service by means of

radiocommunications; and

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

the second carrier requires the access.

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

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

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

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

technically feasible.

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

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

(a) whether compliance is likely to result in significant

difficulties of a technical or engineering nature; and

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

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

facility situated on the site; and

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

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

(i) changing the configuration or operating parameters of a

facility situated on the site; and

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

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

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

consult the ACMA.

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

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

endeavours to make that decision within 10 business days after the

request was made.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 5 Access to telecommunications transmission towers and to underground facilities

Clause 34

20 Telecommunications Act 1997

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

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

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

following effects:

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

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

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

engage in conduct in connection with matters covered by the

final migration plan.

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

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

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

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

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

become satisfied; and

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

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

provisions;

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

time the request was made:

(d) the contract was in force; and

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

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

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

corporation; and

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

site of a telecommunications transmission tower, where:

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

(ii) Telstra has a right (whether conditional or

unconditional) to use the site; and

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to telecommunications transmission towers and to underground facilities Part 5

Clause 35

Telecommunications Act 1997 21

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

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 5 Access to telecommunications transmission towers and to underground facilities

Clause 35

22 Telecommunications Act 1997

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

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

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

(i) changing the configuration or operating parameters of

the eligible underground facility; and

(ii) making alterations to the eligible underground facility;

and

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

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

consult the ACMA.

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

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

endeavours to make that decision within 10 business days after the

request was made.

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

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

following effects:

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

force at the time the request was made;

(b) preventing Telstra from complying with an undertaking in

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

engage in conduct in connection with matters covered by the

final migration plan.

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

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

contract have not come into force because:

(i) the contingent provisions are subject to a condition

precedent; and

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

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

become satisfied; and

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to telecommunications transmission towers and to underground facilities Part 5

Clause 36

Telecommunications Act 1997 23

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

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

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

provisions;

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

time the request was made:

(d) the contract was in force; and

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

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

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

corporation; and

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

eligible underground facility owned or operated by Telstra;

and

NBN corporation being the operator of the eligible

underground facility;

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

underground facility.

36 Terms and conditions of access

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

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

(a) agreed between the following parties:

(i) the first carrier;

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

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

the parties.

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

ACCC is to be the arbitrator.

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

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

(a) agreed between the following parties:

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 5 Access to telecommunications transmission towers and to underground facilities

Clause 36

24 Telecommunications Act 1997

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

(i) the first carrier;

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

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

the parties.

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

ACCC is to be the arbitrator.

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

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

(a) agreed between the following parties:

(i) the first carrier;

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

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

the parties.

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

ACCC is to be the arbitrator.

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

conduct of an arbitration under this clause.

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

arbitration conducted by the ACCC under this clause, the ACCC

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

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

those members are to be nominated in writing by the Chairperson

of the ACCC.

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

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

the determination would have the effect of:

(a) preventing Telstra from complying with an undertaking in

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

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

engage in conduct in connection with matters covered by the

final migration plan.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Access to telecommunications transmission towers and to underground facilities Part 5

Clause 37

Telecommunications Act 1997 25

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 6 Inspection of facilities etc.

Clause 40

26 Telecommunications Act 1997

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

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

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Inspection of facilities etc. Part 6

Clause 42

Telecommunications Act 1997 27

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

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

the capacity of that facility to hold further lines.

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

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

does not correctly record the matter or thing.

(5) In this clause:

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

eligible underground facility means an underground facility that is

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

lines.

telecommunications transmission tower means:

(a) a tower; or

(b) a pole; or

(d) a similar structure;

used to supply a carriage service by means of

radiocommunications.

42 Regular inspection of facilities

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

inspect that facility regularly.

(2) In determining the regularity of inspections required by

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

43 Prompt investigation of dangerous facilities

If:

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

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

condition of the facility is likely to endanger:

(i) the health or safety of persons; or

(ii) property;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 6 Inspection of facilities etc.

Clause 44

28 Telecommunications Act 1997

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Any-to-any connectivity Part 7

Clause 44A

Telecommunications Act 1997 29

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

Part 7—Any-to-any connectivity

44A Simplified outline

The following is a simplified outline of this Part:

• If a carriage service provider’s telecommunications network is

interconnected with a carrier’s telecommunications network,

the carrier must obtain a designated interconnection service

from the carriage service provider for the purpose of ensuring

any-to-any connectivity.

45 Definitions

In this Part:

active declared service means:

(a) an active declared service within the meaning of

section 152AR of the Competition and Consumer Act 2010;

(b) a declared service (within the meaning of

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

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

to other persons); or

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

Consumer Act 2010.

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

Consumer Act 2010 deal with services supplied by an NBN

corporation.

designated interconnection service has the meaning given by

clause 47.

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

Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 7 Any-to-any connectivity

Clause 46

30 Telecommunications Act 1997

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

46 Carriers must obtain designated interconnection services from

carriage service providers for the purpose of ensuring

any-to-any connectivity

(1) If:

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

telecommunications network (the carrier’s

telecommunications network); and

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

telecommunications network (the carriage service provider’s

telecommunications network); and

(i) the carriage service provider’s telecommunications

network is interconnected with the carrier’s

telecommunications network;

(ii) the carriage service provider’s telecommunications

network is to be interconnected with the carrier’s

telecommunications network;

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

carriage service provider’s telecommunications network

interconnected with the carrier’s telecommunications

network; and

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

from the carriage service provider a designated

interconnection service for the purpose of ensuring that each

end-user who is:

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

and

(ii) supplied with a carriage service that involves

communication between end-users;

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

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

provider’s telecommunications network;

the carrier must obtain the designated interconnection service from

the carriage service provider.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Any-to-any connectivity Part 7

Clause 47

Telecommunications Act 1997 31

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

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

terms and conditions as are:

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

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

the parties.

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

ACCC is to be the arbitrator.

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

conduct of an arbitration under this clause.

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

arbitration conducted by the ACCC under this clause, the ACCC

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

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

those members are to be nominated in writing by the Chairperson

of the ACCC.

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

47 Designated interconnection services

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

eligible service is a designated interconnection service for the

purposes of this Part.

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

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

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

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

the proposed declaration would promote the achievement of the

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

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

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

after receiving the request.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 7 Any-to-any connectivity

Clause 47

32 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Introduction Division 1

Clause 68

Telecommunications Act 1997 33

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

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 1 Introduction

Clause 70

34 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Introduction Division 1

Clause 71

Telecommunications Act 1997 35

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 73

36 Telecommunications Act 1997

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

Division 2—Functional separation undertaking

73 Contents of draft or final functional separation undertaking

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

(a) comply with the functional separation principles; and

(b) contain provisions requiring Telstra to establish and maintain

a committee to be known as the Oversight and Equivalence

Board; and

and Equivalence Board:

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

during which a final functional separation undertaking

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

to which Telstra complied with the undertaking during

that quarter; and

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

Telstra’s board of directors; and

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

functional separation requirements determination.

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

Note 2: For the functional separation requirements determination, see

clause 75.

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

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

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

own right.

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

to perform functions or exercise powers in relation to the

undertaking, the ACCC may perform those functions, and exercise

those powers, in accordance with the undertaking.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 74

Telecommunications Act 1997 37

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

74 Functional separation principles

(1) The functional separation principles are as follows:

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

the supply by Telstra of regulated services to:

(i) Telstra’s wholesale customers; and

(ii) Telstra’s retail business units;

(b) the principle that Telstra should maintain:

(i) one or more retail business units; and

(ii) a wholesale/network business unit;

functional separation between:

(i) its wholesale/network business unit; and

(ii) its retail business units;

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

and practices that relate to:

(i) compliance with a final functional separation

undertaking; and

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

functional separation undertaking; and

(iii) the development of performance measures relating to

compliance with a final functional separation

undertaking; and

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

a final functional separation undertaking;

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

should not consult Telstra’s retail business units about:

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

wholesale/network business unit; or

(ii) proposed developments in connection with services

supplied by Telstra’s wholesale/network business unit;

unless Telstra’s wholesale/network business unit also

consults Telstra’s wholesale customers at the same time and

in the same manner.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 75

38 Telecommunications Act 1997

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

(2) In determining the principle of equivalence covered by

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

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

ascertaining price; and

(b) other terms and conditions;

on which Telstra supplies regulated services to its wholesale

customers are no less favourable than the terms and conditions on

which Telstra supplies those services to its retail business units.

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

had.

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

in Part 33.

75 Functional separation requirements determination

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

separation requirements determination) specifying requirements

to be complied with by a draft or final functional separation

undertaking.

(2) A functional separation requirements determination may deal with

the manner in which the functional separation principles are to be

implemented.

(3) A functional separation requirements determination may deal with

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

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

separation undertaking.

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

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

determination, the Minister must:

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

(i) setting out the determination or variation; and

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 75

Telecommunications Act 1997 39

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

(ii) inviting persons to make submissions to the Minister

about the determination or variation within 14 days after

the notice is published; and

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

mentioned in paragraph (a); and

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

after the publication of the notice, about the determination or

variation; and

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

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

asking the ACCC to give the Minister additional advice about a

matter arising under this clause.

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

determination comes into force within 90 days after the

commencement of this clause.

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

applicable under subclause (5):

(a) the following conditions are satisfied:

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

section 577A;

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

draft migration plan;

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

the ACCC a draft migration plan;

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

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

(b) both:

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

section 577A; and

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

ACCC a draft migration plan.

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 75

40 Telecommunications Act 1997

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

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

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

total of the extensions, does not exceed 18 months.

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

unless:

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

undertaking under section 577A; or

(b) both:

(i) Telstra has given the ACCC an undertaking under

section 577A; and

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

undertaking; or

(i) Telstra has given the ACCC an undertaking under

section 577A;

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

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

of one or more specified events within a specified

period;

(iv) the undertaking is not in force;

(v) that period has not ended; or

(d) the following conditions are satisfied:

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

section 577A;

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

draft migration plan;

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

draft migration plan to be given to the ACCC in

accordance with the undertaking; or

(e) the following conditions are satisfied:

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

section 577A;

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

draft migration plan;

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 75

Telecommunications Act 1997 41

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

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

accordance with the undertaking;

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

migration plan under section 577BD, 577BDA,

577BDB or 577BDC.

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

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

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

15 sitting days of that House after making the instrument.

(5E) If:

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

the ACCC accepts an undertaking given by Telstra under

section 577A; and

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

subject to the occurrence of one of more specified events

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

the undertaking is accepted; and

applicable under subclause (5); and

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

the post-acceptance period;

then:

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

(f) the Minister must ensure that a functional separation

requirements determination comes into force within 90 days

after the end of the post-acceptance period.

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

(5EA) If:

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

the ACCC accepts an undertaking given by Telstra under

section 577A; and

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

subject to the occurrence of one of more specified events

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 75

42 Telecommunications Act 1997

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

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

the undertaking is accepted; and

applicable under subclause (5); and

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

post-acceptance period; and

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

migration plan; and

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

end of the post-acceptance period;

then:

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

(h) the Minister must ensure that a functional separation

requirements determination comes into force within 90 days

after the end of the post-acceptance period.

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

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

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

the ACCC accepts an undertaking given by Telstra under

section 577A; and

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

subject to the occurrence of one of more specified events

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

the undertaking is accepted; and

applicable under subclause (5); and

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

post-acceptance period; and

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

draft migration plan.

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

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

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 76

Telecommunications Act 1997 43

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

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

the ACCC accepts an undertaking given by Telstra under

section 577A; and

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

subject to the occurrence of one of more specified events

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

the undertaking is accepted; and

applicable under subclause (5); and

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

post-acceptance period; and

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

migration plan; and

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

the post-acceptance period.

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

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

procedural fairness in relation to the making of an instrument under

subclause (5B).

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

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

or in any other circumstances.

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

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

76 Draft functional separation undertaking to be given to Minister

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

undertaking:

(a) within 90 days after the first functional separation

requirements determination comes into force; or

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

subclause (3)—within that longer period.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 76

44 Telecommunications Act 1997

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

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

(a) the following conditions are satisfied:

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

section 577A;

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

draft migration plan;

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

the ACCC a draft migration plan;

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

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

(b) both:

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

section 577A; and

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

ACCC a draft migration plan.

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

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

paragraph (1)(b).

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

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

undertaking under section 577A; or

(b) both:

(i) Telstra has given the ACCC an undertaking under

section 577A; and

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

undertaking; or

(i) Telstra has given the ACCC an undertaking under

section 577A;

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

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

of one or more specified events within a specified

period;

(iv) the undertaking is not in force;

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 76

Telecommunications Act 1997 45

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 77

46 Telecommunications Act 1997

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

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

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

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

77 Approval of draft functional separation undertaking by Minister

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

separation undertaking (the original undertaking).

(2) The Minister must, by writing:

(a) approve the original undertaking; or

(b) both:

(i) vary the original undertaking; and

(ii) approve the original undertaking as varied; or

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

Minister another draft functional separation undertaking

(the replacement undertaking) in the terms specified in

the determination, instead of the original undertaking;

and

(ii) approve the replacement undertaking.

Consultation

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

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

(i) setting out the original undertaking; and

(ii) inviting persons to make submissions to the Minister

about the original undertaking within 14 days after the

notice is published; and

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

each submission received within the 14-day period

mentioned in paragraph (a); and

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

mentioned in paragraph (a); and

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 77

Telecommunications Act 1997 47

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 78

48 Telecommunications Act 1997

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

Notification of decision

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

the Minister must notify Telstra in writing of the decision.

Instrument is not a legislative instrument

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

instrument.

78 Time limit for making an approval decision

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

separation undertaking (the original undertaking).

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

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

undertaking within 6 months after the original undertaking was

given to the Minister.

79 Effect of approval

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

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

separation undertaking.

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

day after notice of the relevant decision is given to Telstra in

accordance with subclause 77(7).

(3) A final functional separation undertaking may not be withdrawn.

Undertaking is not a legislative instrument

(4) A final functional separation undertaking is not a legislative

instrument.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 80

Telecommunications Act 1997 49

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

80 Variation of final functional separation undertaking

(1) This clause applies if a final functional separation undertaking is in

force.

Variation

(2) The Minister may, in writing, vary the final functional separation

undertaking:

(a) at the request of Telstra or another person; or

(b) on the Minister’s own initiative.

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

the power to vary a final functional separation undertaking,

whether he or she is requested to do so by Telstra or by any other

person, or in any other circumstances.

Consultation

(4) Before varying a final functional separation undertaking, the

Minister must:

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

(i) setting out the proposed variation; and

(ii) inviting persons to make submissions to the Minister

about the proposed variation within 14 days after the

notice is published; and

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

each submission received within the 14-day period

mentioned in paragraph (a); and

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

mentioned in paragraph (a); and

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

after the notice is published, about the proposed variation;

and

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 9 Functional separation of Telstra

Division 2 Functional separation undertaking

Clause 80

50 Telecommunications Act 1997

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

Minor variation

(5) Subclause (4) does not apply to a proposed variation if the

variation is of a minor nature.

(6) If the proposed variation:

(a) is of a minor nature; and

(b) is not made at the request of Telstra;

then, before making the proposed variation, the Minister must:

(i) setting out the proposed variation; and

(ii) inviting Telstra to make submissions to the Minister

about the proposed variation within 14 days after the

notice is given; and

(d) consider any submissions received from Telstra within that

14-day period.

Advice by the ACCC

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

asking the ACCC to give the Minister additional advice about a

matter arising under this clause.

Notification of variation

(8) As soon as practicable after varying a final functional separation

undertaking, the Minister must notify Telstra in writing of the

variation.

When variation comes into force

(9) A variation of a final functional separation undertaking comes into

force on the day after the notice of the variation is given to Telstra

in accordance with subclause (8).

Variation is not a legislative instrument

(10) A variation of a final functional separation undertaking is not a

legislative instrument.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Functional separation of Telstra Part 9

Functional separation undertaking Division 2

Clause 81

Telecommunications Act 1997 51

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

81 Publication of final functional separation undertaking

(1) As soon as practicable after a final functional separation

undertaking comes into force, Telstra must make a copy of the

undertaking available on Telstra’s website.

(2) As soon as practicable after a variation of a final functional

separation undertaking comes into force, Telstra must make a copy

of the varied final functional separation undertaking available on

Telstra’s website.

82 Compliance with final functional separation undertaking

(1) If a final functional separation undertaking is in force, Telstra must

comply with the undertaking.

(2) However, subclause (1) does not apply if an undertaking given by

Telstra is in force under section 577A.

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 10 Control and use by Telstra of certain spectrum licences

Division 1 Introduction

Clause 83

52 Telecommunications Act 1997

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

Part 10—Control and use by Telstra of certain

spectrum licences

Division 1—Introduction

83 Simplified outline

The following is a simplified outline of this Part:

• If the excluded spectrum regime applies to Telstra, and a spectrum licence relates to a designated part of the spectrum,

Telstra must not be in a position to exercise control of the

licence unless the following undertakings given by Telstra

are in force:

(a) an undertaking about structural separation;

(b) an undertaking about hybrid fibre-coaxial

networks;

broadcasting licences.

• However, the Minister may exempt Telstra from the requirement to have an undertaking about hybrid

fibre-coaxial networks or subscription television

broadcasting licences if the Minister is satisfied that

Telstra’s undertaking about structural separation is sufficient

to address concerns about the degree of Telstra’s power in

telecommunications markets.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Control and use by Telstra of certain spectrum licences Part 10

Control and use by Telstra of certain spectrum licences Division 2

Clause 84

Telecommunications Act 1997 53

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

Division 2—Control and use by Telstra of certain spectrum

licences

84 Control by Telstra of certain spectrum licences

(1) If:

(a) the excluded spectrum regime applies to Telstra; and

(b) a spectrum licence relates to a designated part of the

spectrum;

Telstra must not be in a position to exercise control of the licence.

Note 1: For excluded spectrum regime, see section 577GA.

Note 2: For when Telstra is in a position to exercise control of a spectrum

licence, see clause 88.

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

(a) both:

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

section 577A; and

(ii) the undertaking is covered by subclause (3); and

(b) either:

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

section 577C; or

(ii) a declaration is in force under subsection 577J(3); and

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

section 577E; or

(ii) a declaration is in force under subsection 577J(5).

Note 1: Section 577A deals with undertakings about structural separation.

Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial

networks.

Note 3: Section 577E deals with undertakings about subscription television

broadcasting licences.

(3) This subclause covers a section 577A undertaking if:

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 10 Control and use by Telstra of certain spectrum licences

Division 2 Control and use by Telstra of certain spectrum licences

Clause 85

54 Telecommunications Act 1997

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

(a) the following conditions are satisfied:

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

draft migration plan;

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

the ACCC a draft migration plan;

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

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

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

draft migration plan.

85 Use by Telstra of certain spectrum licences

(1) If:

(a) the excluded spectrum regime applies to Telstra; and

(b) a spectrum licence relates to a designated part of the

spectrum;

Telstra must not supply a carriage service using a

radiocommunications device the operation of which is authorised

under the licence.

Note: For excluded spectrum regime, see section 577GA.

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

(a) both:

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

section 577A; and

(ii) the undertaking is covered by subclause (3); and

(b) either:

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

section 577C; or

(ii) a declaration is in force under subsection 577J(3); and

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

section 577E; or

(ii) a declaration is in force under subsection 577J(5).

Note 1: Section 577A deals with undertakings about structural separation.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Control and use by Telstra of certain spectrum licences Part 10

Control and use by Telstra of certain spectrum licences Division 2

Clause 85

Telecommunications Act 1997 55

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

Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial

networks.

Note 3: Section 577E deals with undertakings about subscription television

broadcasting licences.

(3) This subclause covers a section 577A undertaking if:

(a) the following conditions are satisfied:

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

draft migration plan;

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

the ACCC a draft migration plan;

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

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

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

draft migration plan.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 10 Control and use by Telstra of certain spectrum licences

Division 3 Other provisions

Clause 86

56 Telecommunications Act 1997

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

Division 3—Other provisions

86 Associate

(1) In this Part, an associate of Telstra in relation to control of a

spectrum licence is:

(a) a partner of Telstra; or

(b) if Telstra or another person who is an associate of Telstra

under another paragraph receives benefits or is capable of

benefiting under a trust—the trustee of the trust; or

(i) acts, or is accustomed to act; or

(ii) under a contract or an arrangement or understanding

(whether formal or informal) is intended or expected to

act;

in accordance with the directions, instructions or wishes of,

or in concert with:

(iii) Telstra; or

(iv) Telstra and another person who is an associate of

Telstra under another paragraph; or

(d) another company if:

(i) the other company is a related body corporate of Telstra

for the purposes of the Corporations Act 2001; or

(ii) Telstra, or Telstra and another person who is an

associate of Telstra under another paragraph, are in a

position to exercise control of the other company.

(2) However, persons are not associates of each other if the ACCC is

satisfied that:

(a) they do not act together in any relevant dealings relating to

the spectrum licence; and

(b) neither of them is in a position to exert influence over the

business dealings of the other in relation to the spectrum

licence.

Authorised Version C2017C00179 registered 30/06/2017

Standard carrier licence conditions Schedule 1

Control and use by Telstra of certain spectrum licences Part 10

Other provisions Division 3

Clause 87

Telecommunications Act 1997 57

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

87 Control

In this Part, control includes control as a result of, or by means of,

trusts, agreements, arrangements, understandings and practices,

whether or not having legal or equitable force and whether or not

based on legal or equitable rights.

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

licence

(1) For the purposes of this Part, Telstra is in a position to exercise

control of a spectrum licence if:

(a) Telstra is the licensee; or

(b) Telstra, either alone or together with an associate of Telstra,

is in a position to exercise control of the spectrum licensee;

is in a position to exercise (whether directly or indirectly)

control of the selection of radiocommunications devices

authorised to operate under the licence; or

(d) Telstra, either alone or together with an associate of Telstra,

is in a position to exercise (whether directly or indirectly)

control of a significant proportion of the operations of

radiocommunications devices authorised to operate under the

licence; or

(e) Telstra, either alone or together with an associate of Telstra,

is in a position to:

(i) veto any action taken by the board of directors of the

licensee; or

(ii) appoint or secure the appointment of, or veto the

appointment of, at least half of the board of directors of

the licensee; or

(iii) exercise, in any other manner, whether directly or

indirectly, direction or restraint over any substantial

issue affecting the management or affairs of the

licensee; or

Authorised Version C2017C00179 registered 30/06/2017

Schedule 1 Standard carrier licence conditions

Part 10 Control and use by Telstra of certain spectrum licences

Division 3 Other provisions

Clause 88

58 Telecommunications Act 1997

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

(f) the licensee or more than 50% of its directors:

(i) act, or are accustomed to act; or

(ii) under a contract or an arrangement or understanding

(whether formal or informal) are intended or expected to

act;

in accordance with the directions, instructions or wishes of,

or in concert with, Telstra or of Telstra and an associate of

Telstra acting together or of the directors of Telstra.

(2) An employee of a licensee is not, except through an association

with another person, to be regarded as being in a position to

exercise control of a spectrum licence under subclause (1) purely

because of being an employee.

(3) More than one person may be in a position to exercise control of a

spectrum licence.

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Compliance with this Act Part 1

Clause 1

Telecommunications Act 1997 59

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

Schedule 2—Standard service provider rules Note: See section 98.

Part 1—Compliance with this Act

1 Compliance with this Act

(1) A service provider must comply with this Act.

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act

and Chapter 5 of the Telecommunications (Interception and

Access) Act 1979.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 2 Standard service provider rules

Part 2 Operator services

Clause 2

60 Telecommunications Act 1997

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

Part 2—Operator services

2 Simplified outline

The following is a simplified outline of this Part:

• Certain operator services must be provided to end-users of

standard telephone services.

3 Scope of Part

This Part applies to the following operator services:

(a) services for dealing with faults and service difficulties;

(b) services of a kind specified in the regulations.

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

telephone service

(1) A carriage service provider who supplies a standard telephone

service must make operator services available to each end-user of

that standard telephone service.

(2) The provider may do this by:

(a) providing the operator services itself; or

(b) arranging with another person for the provision of the

operator services.

5 Access to end-users of other carriage service providers

(1) If:

(a) a carriage service provider (the first provider) who supplies a

standard telephone service itself provides a particular kind of

operator services to end-users of its standard telephone

service; and

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Operator services Part 2

Clause 5

Telecommunications Act 1997 61

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

(b) another carriage service provider (the second provider) who

supplies a standard telephone service does not itself provide

that kind of operator services to particular end-users of its

standard telephone service; and

agreement for the first provider to provide that kind of

operator services to those end-users of the second provider’s

standard telephone service;

the first provider must comply with the request.

(2) The operator services are to be provided to the end-users of the

second provider’s standard telephone service in accordance with

the request and on such terms and conditions as are:

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

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

the parties.

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

ACCC is to be the arbitrator.

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

conduct of an arbitration under this clause.

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

arbitration conducted by the ACCC under this clause, the ACCC

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

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

those members are to be nominated in writing by the Chairperson

of the ACCC.

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 2 Standard service provider rules

Part 3 Directory assistance services

Clause 6

62 Telecommunications Act 1997

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

Part 3—Directory assistance services

6 Simplified outline

The following is a simplified outline of this Part:

• Directory assistance services must be made available to

end-users of standard telephone services.

7 Directory assistance services must be provided to end-users

(1) A carriage service provider who supplies a standard telephone

service must make directory assistance services available to each

end-user of the service.

(2) The provider may do this by:

(a) providing the directory assistance services itself; or

(b) arranging with another person for the provision of the

directory assistance services.

8 Access by end-users of other carriage service providers

(1) If:

(a) a carriage service provider (the first provider) who supplies a

standard telephone service itself provides directory assistance

services to end-users of its standard telephone service; and

(b) another carriage service provider (the second provider) who

supplies a standard telephone service does not itself provide

directory assistance services to particular end-users of its

standard telephone service; and

agreement for the first provider to provide directory

assistance services to those end-users of the second

provider’s standard telephone service;

the first provider must comply with the request.

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Directory assistance services Part 3

Clause 8

Telecommunications Act 1997 63

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

(2) The directory assistance services are to be provided to the

end-users of the second provider’s standard telephone service in

accordance with the request and on such terms and conditions as

are:

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

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

the parties.

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

ACCC is to be the arbitrator.

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

conduct of an arbitration under this clause.

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

arbitration conducted by the ACCC under this clause, the ACCC

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

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

those members are to be nominated in writing by the Chairperson

of the ACCC.

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

Authorised Version C2017C00179 registered 30/06/2017

Schedule 2 Standard service provider rules

Part 4 Integrated public number database

Clause 9

64 Telecommunications Act 1997

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

Part 4—Integrated public number database

9 Simplified outline

The following is a simplified outline of this Part:

• If a person or association is under an obligation to provide and

maintain an integrated public number database, carriage

service providers must give the person or association

information in connection with the fulfilment of that

obligation.

10 Carriage service providers must give information to Telstra

(1) This clause applies if Telstra is obliged by a condition of a carrier

licence to provide and maintain an integrated public number

database.

(2) If:

(a) a carriage service provider supplies a carriage service to an

end-user; and

(b) the end-user has a public number;

the carriage service provider must give Telstra such information as

Telstra reasonably requires in connection with Telstra’s fulfilment

of that obligation.

(3) In this clause:

number has the same meaning as in Division 2 of Part 22.

public number means a number specified in the numbering plan as

mentioned in subsection 455(3).

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Integrated public number database Part 4

Clause 11

Telecommunications Act 1997 65

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

11 Carriage service providers must give information to another

person or association

(1) This clause applies if a person or association is obliged by

section 472 to provide and maintain an integrated public number

database.

(2) If:

(a) a carriage service provider supplies a carriage service to an

end-user; and

(b) the end-user has a public number;

the carriage service provider must give the person or association

such information as the person or association reasonably requires

in connection with the person’s or association’s fulfilment of that

obligation.

(3) In this clause:

number has the same meaning as in Division 2 of Part 22.

public number means a number specified in the numbering plan as

mentioned in subsection 455(3).

Authorised Version C2017C00179 registered 30/06/2017

Schedule 2 Standard service provider rules

Part 5 Itemised billing

Clause 12

66 Telecommunications Act 1997

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

Part 5—Itemised billing

12 Simplified outline

The following is a simplified outline of this Part:

• A carriage service provider who supplies a standard telephone

service must provide itemised billing for each of its customers

of such a service.

13 Itemised billing

(1) This clause applies to a carriage service provider who supplies a

standard telephone service.

(2) The provider must provide itemised billing for calls made using

such a service. The provider may do this by:

(a) providing the itemised billing itself; or

(b) arranging with another person for the provision of the

itemised billing.

(3) The rule set out in subclause (2) does not apply in relation to calls

made using a particular service if the customer chooses not to have

itemised billing for calls made using that service.

(4) The rule set out in subclause (2) does not apply to designated local

calls unless the customer requests the provider to provide itemised

billing in relation to those calls.

(5) For the purposes of the application of this clause to a carriage

service provider who supplies a standard telephone service to a

customer, a designated local call is a call that:

(a) is made using that service; and

(b) is made between points in the applicable zone in relation to

the provider and in relation to the customer; and

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Itemised billing Part 5

Clause 13

Telecommunications Act 1997 67

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

(6) For the purposes of subclause (5), a call is an exempt call if:

(a) the call involves the use of a public mobile

telecommunications service (whether by the party who

originated the call or by any other party to the caln( � or

(b) the call involves the use of a satellite service.

(7) A reference in this clause to the applicable zone is a reference to

the applicable zone for the purposes of Part 4 of the

Telecommunications (Consumer Protection and Service Standards)

Act 1999.

(8) For the purposes of this clause, a call is regarded as an untimed

local call if, and only if, the call is an eligible local call for the

purposes of Part 4 of the Telecommunications (Consumer

Protection and Service Standards) Act 1999.

(9) In this clause:

itemised billing, in relation to calls of a particular kind, means the

provision to a customer of a bill that:

(a) if there is in force a written determination made by the

ACMA relating to that kind of service—shows such details

as are specified in the determination; or

(b) in any other case—shows, for each call of that kind that is

not regarded as an untimed local call, the following details:

(i) the date on which the call was made;

(ii) the number to which the call was made;

(iii) the duration of the call;

(iv) the charge applicable to the call;

and complies with a determination in force under clause 15.

satellite service means a carriage service, where customer

equipment used in connection with the supply of the service

communicates directly with a satellite-based facility.

(10) A determination under paragraph (a) of the definition of itemised

billing in subclause (9) is a legislative instrument.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 2 Standard service provider rules

Part 5 Itemised billing

Clause 14

68 Telecommunications Act 1997

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

14 Exemptions from itemised billing requirements

(1) The ACMA may, by notice in the Gazette, declare that a specified

carriage service provider is exempt from the requirement set out in

subclause 13(2) in so far as that requirement applies in relation to

specified customers. The declaration has effect accordingly.

Note: Providers or customers may be specified by name, by inclusion in a

particular class or in any other way.

(2) In deciding whether a provider should be exempt from the

requirement set out in subclause 13(2), the ACMA must have

regard to:

(a) the technical feasibility of complying with the requirement

set out in that subclause; and

(b) any plans by the provider to install a capability to provide

itemised billing to those customers.

(3) Subclause (2) does not, by implication, limit the matters to which

the ACMA may have regard.

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

(1) The ACMA may, by written instrument, determine that specified

details must not be shown in an itemised bill provided by a carriage

service provider to a customer.

(2) In making a determination under subclause (1), the ACMA must

have regard to the Australian Privacy Principles. This subclause

does not, by implication, limit the matters to which the ACMA is

to have regard.

(3) A carriage service provider must comply with a determination

under subclause (1).

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Priority assistance Part 6

Clause 16

Telecommunications Act 1997 69

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

Part 6—Priority assistance

16 Simplified outline

The following is a simplified outline of this Part:

• This Part deals with priority assistance for people with life-threatening medical conditions.

• A carriage service provider must comply with the priority assistance industry code.

• If a carriage service provider receives an inquiry from a prospective residential customer about the supply of a

standard telephone service, and the provider does not offer

priority assistance, the provider must:

(a) inform the prospective residential customer that the

provider does not offer priority assistance in

connection with the service; and

(b) inform the prospective residential customer of the

names of one or more carriage service providers

from whom the prospective residential customer

can obtain priority assistance.

17 Priority assistance industry code

For the purposes of this Part, the priority assistance industry code

is:

(a) the code that is:

(i) entitled Priority Assistance for Life Threatening

Medical Conditions; and

(ii) registered under Part 6; or

Authorised Version C2017C00179 registered 30/06/2017

Schedule 2 Standard service provider rules

Part 6 Priority assistance

Clause 18

70 Telecommunications Act 1997

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

(b) if that code is replaced by another code registered under

Part 6—the replacement code.

18 Compliance with the priority assistance industry code

A carriage service provider must comply with the priority

assistance industry code to the extent (if any) to which the code is

applicable to the provider.

19 Information for prospective residential customers of a carriage

service provider who does not offer priority assistance

Scope

(1) This clause applies to a carriage service provider if:

(a) the provider receives an inquiry from a prospective

residential customer about the supply of a standard telephone

service; and

(b) the provider does not offer priority assistance in connection

with the service.

Requirement

(2) The provider must:

(a) inform the prospective residential customer that the provider

does not offer priority assistance in connection with the

service; and

(b) inform the prospective residential customer of the names of

one or more carriage service providers from whom the

prospective residential customer can obtain priority

assistance in connection with a standard telephone service.

Definition

(3) In this clause:

priority assistance has the same meaning as in the priority

assistance industry code.

Authorised Version C2017C00179 registered 30/06/2017

Standard service provider rules Schedule 2

Priority assistance Part 6

Clause 20

Telecommunications Act 1997 71

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

20 Requirements for Telstra

This Part does not impose a requirement on Telstra if clause 19 of

the Carrier Licence Conditions (Telstra Corporation Limited)

Declaration 1997 is in force.

Note: Clause 19 of the Carrier Licence Conditions (Telstra Corporation

Limited) Declaration 1997 is about Telstra’s priority assistance

obligations.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 1 Simplified outline and definitions

Clause 1

72 Telecommunications Act 1997

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

Schedule 3—Carriers’ powers and

immunities Note: See section 484.

Part 1—General provisions

Division 1—Simplified outline and definitions

1 Simplified outline

The following is a simplified outline of this Part:

• A carrier may enter on land and exercise any of the following

powers:

(a) the power to inspect the land to determine whether

the land is suitable for the carrier’s purposes;

(b) the power to install a facility on the land;

the land.

• The power to install a facility may only be exercised if:

(a) the carrier holds a facility installation permit; or

(b) the facility is a low-impact facility; or

behalf of, a defence organisation for defence

purposes; or

(d) the installation is carried out before 1 July 2000 for

the sole purpose of connecting a building to a

network that was in existence on 30 June 1997.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Simplified outline and definitions Division 1

Clause 1

Telecommunications Act 1997 73

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

• A facility installation permit will only be issued in relation to

a facility if:

(a) the carrier has made reasonable efforts to negotiate

in good faith with the relevant proprietors and

administrative authorities; and

(b) in a case where the facility is a designated

overhead line—each relevant administrative

authority has approved the installation of the line;

and

facility relates is or will be of national significance;

and

(d) the facility is an important part of the

telecommunications network to which the facility

relates; and

(e) either the greater part of the infrastructure of the

telecommunications network to which the facility

relates has already been installed or relevant

administrative authorities are reasonably likely to

approve the installation of the greater part of the

infrastructure of the telecommunications network

to which the facility relates; and

(f) the advantages that are likely to be derived from

the operation of the facility in the context of the

telecommunications network to which the facility

relates outweigh any form of degradation of the

environment that is likely to result from the

installation of the facility.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 1 Simplified outline and definitions

Clause 2

74 Telecommunications Act 1997

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

• In exercising powers under this Part, a carrier must comply

with certain conditions, including:

(a) doing as little damage as practicable;

(b) acting in accordance with good engineering

practice;

(d) complying with conditions specified in the

regulations;

(e) complying with conditions specified in a

Ministerial Code of Practice;

(f) complying with conditions specified in a facility

installation permit;

(g) giving notice to the owner of land.

2 Definitions

In this Part:

Aboriginal person means a person of the Aboriginal race of

Australia.

defence organisation means:

(a) the Defence Department; or

(b) the Australian Defence Force; or

organisation:

(i) has functions corresponding to functions of, or of a part

of, the Defence Department or the Australian Defence

Force; and

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Simplified outline and definitions Division 1

Clause 2

Telecommunications Act 1997 75

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

(ii) is authorised by the Commonwealth to operate or train

in Australia or an external Territory; or

(d) a part of such an organisation or body.

designated overhead line has the meaning given by clause 3.

ecological community has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

ecosystem means a dynamic complex of plant, animal and

micro-organism communities and their non-living environment

interacting as a functional unit.

enter on land includes enter on a public place.

environment has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

Environment Secretary means the Secretary of the Department

responsible for the administration of the Environment Protection

and Biodiversity Conservation Act 1999.

facility installation permit means a permit issued under clause 25.

installation, in relation to a facility, includes:

(a) the construction of the facility on, over or under any land;

and

(b) the attachment of the facility to any building or other

structure; and

the facility (for this purpose, installation includes an activity

covered by paragraph (a) or (b)).

international agreement means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign

country;

and includes, for example, an agreement, arrangement or

understanding between a Minister and an official or authority of a

foreign country.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 1 Simplified outline and definitions

Clause 2

76 Telecommunications Act 1997

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

land includes submerged land (but does not include submerged

land that is beneath Australian waters within the meaning of

Schedule 3A).

listed international agreement means an international agreement

specified in the regulations.

public inquiry, in relation to a facility installation permit, means a

public inquiry under Part 25 about whether the permit should be

issued and, if so, the conditions (if any) that should be specified in

the permit.

public place includes a place to which members of the public have

ready access.

public utility means a body that provides to the public:

(a) reticulated products or services, such as electricity, gas,

water, sewerage or drainage; or

(b) carriage services (other than carriage services supplied by a

carriage service provider); or

(d) a product or service of a kind that is similar to a product or

service covered by paragraph (a), (b) or (c).

threatened ecological community means an ecological community

that is included in the list of threatened ecological communities

kept under Division 1 of Part 13 of the Environment Protection

and Biodiversity Conservation Act 1999.

threatened species means a species that is included in one of the

following categories of the list of threatened species kept under

Division 1 of Part 13 of the Environment Protection and

Biodiversity Conservation Act 1999:

(a) extinct in the wild;

(b) critically endangered;

(d) vulnerable.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Simplified outline and definitions Division 1

Clause 3

Telecommunications Act 1997 77

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

Torres Strait Islander means a descendant of an indigenous

inhabitant of the Torres Strait Islands.

3 Designated overhead line

A reference in this Part to a designated overhead line is a reference

to a line:

(a) that is suspended above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, bay, estuary, harbour or other

body of water; and

(b) the maximum external cross-section of any part of which

exceeds:

(i) 13 mm; or

(ii) if another distance is specified in the regulations—that

other distance.

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

(1) For the purposes of the application of this Part to the installation of

facilities, if:

(a) a tower is a facility; and

(b) the tower is, or is to be, extended;

then:

carrying out of the installation of the facility; and

(d) the extension is to be treated as a facility in its own right.

(2) To avoid doubt, a reference in this clause to a tower does not

include a reference to an antenna.

(3) In this clause:

tower means a tower, pole or mast.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 2 Inspection of land

Clause 5

78 Telecommunications Act 1997

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

Division 2—Inspection of land

5 Inspection of land

(1) A carrier may, for the purposes of determining whether any land is

suitable for its purposes:

(a) enter on, and inspect, the land; and

(b) do anything on the land that is necessary or desirable for that

purpose, including, for example:

(i) making surveys, taking levels, sinking bores, taking

samples, digging pits and examining the soil; and

(ii) felling and lopping trees and clearing and removing

other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge;

and

(v) altering the position of a water, sewerage or gas main or

pipe; and

(vi) altering the position of an electricity cable or wire.

(2) A carrier may, for the purpose of surveying or obtaining

information in relation to any land that, in the carrier’s opinion, is

or may be suitable for its purposes:

(a) enter on any land; and

(b) do anything on the entered land that is necessary or desirable

for that purpose, including, for example:

(i) making surveys and taking levels; and

(ii) felling and lopping trees and clearing and removing

other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge;

and

(v) altering the position of a water, sewerage or gas main or

pipe; and

(vi) altering the position of an electricity cable or wire.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Inspection of land Division 2

Clause 5

Telecommunications Act 1997 79

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

(3) A reference in this Part to engaging in activities under this Division

includes a reference to exercising powers under this Division.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 3 Installation of facilities

Clause 6

80 Telecommunications Act 1997

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

Division 3—Installation of facilities

6 Installation of facilities

(1) A carrier may, for purposes connected with the supply of a carriage

service, carry out the installation of a facility if:

(a) the carrier is authorised to do so by a facility installation

permit; or

(b) the facility is a low-impact facility (as defined by subclause (3));

a defence organisation for defence purposes.

Note: If the installation of a facility is not authorised by this clause, the

installation may require the approval of an administrative authority

under a law of a State or Territory.

(2) If subclause (1) authorises a carrier to carry out a particular

activity, the carrier may, for purposes in connection with the

carrying out of that activity:

(a) enter on, and occupy, any land; and

(b) on, over or under the land, do anything necessary or desirable

for those purposes, including, for example:

(i) constructing, erecting and placing any plant, machinery,

equipment and goods; and

(ii) felling and lopping trees and clearing and removing

other vegetation and undergrowth; and

(iii) making cuttings and excavations; and

(iv) restoring the surface of the land and, for that purpose,

removing and disposing of soil, vegetation and other

material; and

(v) erecting temporary workshops, sheds and other

buildings; and

(vi) levelling the surface of the land and making roads.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Installation of facilities Division 3

Clause 6

Telecommunications Act 1997 81

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

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

specified facility is a low-impact facility for the purposes of this

clause. The determination has effect accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(4) A designated overhead line must not be specified in an instrument

under subclause (3).

(4A) A submarine cable (within the meaning of Schedule 3A) must not

be specified in an instrument under subclause (3).

(5) A tower must not be specified in an instrument under subclause (3)

unless:

(a) the tower is attached to a building; and

(b) the height of the tower does not exceed 5 metres.

(6) To avoid doubt, a reference in subclause (5) to a tower does not

include a reference to an antenna.

(7) An extension to a tower must not be specified in an instrument

under subclause (3) unless:

(a) the height of the extension does not exceed 5 metres; and

(b) there have been no previous extensions to the tower.

For this purpose, tower has the same meaning as in clause 4.

(8) Paragraphs (1)(a) and (c) do not, by implication, limit

subclause (3).

(9) A reference in this Part to engaging in activities under this Division

includes a reference to exercising powers under this Division.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 4 Maintenance of facilities

Clause 7

82 Telecommunications Act 1997

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

Division 4—Maintenance of facilities

7 Maintenance of facilities

(1) A carrier may, at any time, maintain a facility.

(2) A carrier may do anything necessary or desirable for the purpose of

exercising powers under subclause (1), including (but not limited

to):

(a) entering on, and occupying, land; and

(b) removing, or erecting a gate in, any fence.

(3) A reference in this clause to the maintenance of a facility (the

original facility) includes a reference to:

(a) the alteration, removal or repair of the original facility; and

(b) the provisioning of the original facility with material or with

information (whether in electronic form or otherwise); and

(d) the replacement of the whole or a part of the original facility

in its original location, where the conditions specified in

subclause (5) are satisfied; and

(e) the installation of an additional facility in the same location

as the original facility, where the conditions specified in

subclause (6) are satisfied; and

(f) in a case where any tree, undergrowth or vegetation

obstructs, or is likely to obstruct, the operation of the original

facility—the cutting down or lopping of the tree, or the

clearing or removal of the undergrowth or vegetation, as the

case requires.

(4) A reference in this clause to the maintenance of a facility does not

include a reference to the extension of a tower. For this purpose,

tower has the same meaning as in clause 4.

(5) For the purposes of paragraph (3)(d), the following conditions are

specified:

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Maintenance of facilities Division 4

Clause 7

Telecommunications Act 1997 83

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

(a) the levels of noise that are likely to result from the operation

of the replacement facility are less than or equal to the levels

of noise that resulted from the operation of the original

facility;

(b) in a case where the original facility is a tower:

(i) the height of the replacement facility does not exceed

the height of the original facility; and

(ii) the volume of the replacement facility does not exceed

the volume of the original facility;

(i) the volume of the replacement facility does not exceed

the volume of the original facility; or

(ii) the replacement facility is located inside a

fully-enclosed building, the original facility was located

inside the building and the building is not modified

externally as a result of the replacement of the original

facility; or

(iii) the replacement facility is located inside a duct, pit,

hole, tunnel or underground conduit;

(d) such other conditions (if any) as are specified in the

regulations.

(6) For the purposes of paragraph (3)(e), the following conditions are

specified:

(a) the combined levels of noise that are likely to result from the

operation of the additional facility and the original facility are

less than or equal to the levels of noise that resulted from the

operation of the original facility;

(b) either:

(i) the additional facility is located inside a fully-enclosed

building, the original facility is located inside the

building and the building is not modified externally as a

result of the installation of the additional facility; or

(ii) the additional facility is located inside a duct, pit, hole,

tunnel or underground conduit;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 4 Maintenance of facilities

Clause 7

84 Telecommunications Act 1997

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

regulations.

(7) For the purposes of paragraphs (5)(a), (b) and (c) and (6)(a), (b)

and (c), trivial variations are to be disregarded.

(8) For the purposes of subclauses (5) and (6):

(a) the measurement of the height of a tower is not to include

any antenna extending from the top of the tower; and

(b) the volume of a facility is the apparent volume of the

materials that:

(i) constitute the facility; and

(ii) are visible from a point outside the facility; and

be seen from any point outside the structure is to be treated as

if it were a fully-enclosed building.

(9) A reference in this Part to engaging in activities under this Division

includes a reference to exercising powers under this Division.

(10) In this clause (other than subclause (4)):

tower means a tower, pole or mast.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Conditions relating to the carrying out of authorised activities Division 5

Clause 8

Telecommunications Act 1997 85

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

Division 5—Conditions relating to the carrying out of

authorised activities

8 Carrier to do as little damage as practicable

In engaging in an activity under Division 2, 3 or 4, a carrier must

take all reasonable steps to ensure that the carrier causes as little

detriment and inconvenience, and does as little damage, as is

practicable.

9 Carrier to restore land

(1) If a carrier engages in an activity under Division 2, 3 or 4 in

relation to any land, the carrier must take all reasonable steps to

ensure that the land is restored to a condition that is similar to its

condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the

restoration begins within 10 business days after the completion of

the first-mentioned activity.

(3) The rule in subclause (2) does not apply if the carrier agrees with:

(a) the owner of the land; and

(b) if the land is occupied by a person other than the owner—the

occupier;

to commence restoration at a time after the end of that period of 10

business days.

10 Management of activities

A carrier must, in connection with carrying out an activity covered

by Division 2, 3 or 4, take all reasonable steps:

(a) to act in accordance with good engineering practice; and

(b) to protect the safety of persons and property; and

with:

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 5 Conditions relating to the carrying out of authorised activities

Clause 11

86 Telecommunications Act 1997

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

(i) the operations of a public utility; and

(ii) public roads and paths; and

(iii) the movement of traffic; and

(iv) the use of land; and

(d) to protect the environment.

11 Agreements with public utilities

(1) A carrier must make reasonable efforts to enter into an agreement

with a public utility that makes provision for the manner in which

the carrier will engage in an activity that is:

(a) covered by Division 2, 3 or 4; and

(b) likely to affect the operations of the utility.

(2) A carrier must comply with an agreement in force under

subclause (1).

12 Compliance with industry standards

If a carrier engages in an activity covered by Division 2, 3 or 4, the

carrier must do so in accordance with any standard that:

(a) relates to the activity; and

(b) is recognised by the ACMA as a standard for use in that

industry; and

carrier complies with the standard.

13 Compliance with international agreements

If a carrier engages in an activity covered by Division 2, 3 or 4, the

carrier must do so in a manner that is consistent with Australia’s

obligations under a listed international agreement that is relevant to

the activity.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Conditions relating to the carrying out of authorised activities Division 5

Clause 14

Telecommunications Act 1997 87

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

14 Conditions specified in the regulations

If a carrier engages, or proposes to engage, in an activity covered

by Division 2, 3 or 4, the carrier must comply with any conditions

that are specified in the regulations.

15 Conditions specified in a Ministerial Code of Practice

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

Practice setting out conditions that are to be complied with by

carriers in relation to any or all of the activities covered by

Division 2, 3 or 4 (other than activities covered by a facility

installation permit) or by Part 3 of Schedule 3A.

(2) A carrier must comply with the Code of Practice.

(3) The following are examples of conditions that may be set out in the

Code of Practice:

(a) a condition requiring carriers to undertake assessments, or

further assessments, of the environmental impact of the

activity concerned;

(b) a condition requiring carriers to consult a particular person or

body in relation to the activity concerned;

particular person or body in relation to the activity

concerned.

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

under this Act to make an instrument.

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

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

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

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

16 Conditions to which a facility installation permit is subject

If:

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 5 Conditions relating to the carrying out of authorised activities

Clause 17

88 Telecommunications Act 1997

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

(a) a carrier engages, or proposes to engage, in an activity

covered by Division 3; and

(b) that activity is or will be authorised by a facility installation

permit; and

conditions;

the carrier must comply with those conditions.

17 Notice to owner of land—general

(1) Before engaging in an activity under Division 2, 3 or 4 in relation

to any land, a carrier must give written notice of its intention to do

so to:

(a) the owner of the land; and

(b) if the land is occupied by a person other than the owner—the

occupier.

(2) The notice must specify the purpose for which the carrier intends

to engage in the activity.

(3) The notice under subclause (1) must contain a statement to the

effect that, if a person suffers financial loss or damage in relation

to property because of anything done by a carrier in engaging in

the activity, compensation may be payable under clause 42.

(4) The notice must be given at least 10 business days before the

carrier begins to engage in the activity.

(4A) Despite subclause (4), the notice need be given only 2 business

days before the carrier begins to engage in an activity authorised

by Division 2 (which deals with inspection) that:

(a) is not inconsistent with Australia’s obligations under a listed

international agreement; and

(b) could not have an effect described in one or more of

subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this

Schedule; and

landscape; and

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Conditions relating to the carrying out of authorised activities Division 5

Clause 17

Telecommunications Act 1997 89

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

(d) will not have an impact on a place, area or thing described in

paragraph 27(7)(c) or (d) of this Schedule.

(5) A person may waive the person’s right to be given a notice under

subclause (1).

(6) Subclause (1) does not apply if:

(a) the carrier intends to engage in activities under Division 2

(which deals with inspection of land), 3 (which deals with

installation of facilities) or 4 (which deals with maintenance);

and

(b) those activities need to be carried out without delay in order

to protect:

(i) the integrity of a telecommunications network or a

facility; or

(ii) the health or safety of persons; or

(iii) the environment; or

(iv) property; or

(v) the maintenance of an adequate level of service.

(6A) Subclause (1) does not apply if:

(a) the carrier intends to engage in an activity under Division 2,

3 or 4 in relation to the installation, proposed installation or

maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is

impracticable in the circumstances.

(6B) For the purposes of this clause, a temporary defence facility is a

facility of the kind that is mentioned in paragraph 6(1)(c) of this

Schedule.

(7) Subclause (1) does not apply if the carrier intends to engage in an

activity under Division 2 (which deals with inspection) in relation

to land that is a public place and the activity:

(a) is not inconsistent with Australia’s obligations under a listed

international agreement; and

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 5 Conditions relating to the carrying out of authorised activities

Clause 18

90 Telecommunications Act 1997

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

(b) could not have an effect described in one or more of

subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this

Schedule; and

landscape; and

(d) will not have an impact on a place, area or thing described in

paragraph 27(7)(c) or (d) of this Schedule.

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

(1) At least 10 business days before engaging in any of the following

activities under Division 2, 3 or 4:

(a) cutting down or lopping a tree on private land;

(b) clearing or removing undergrowth or vegetation on private

land;

a carrier must give:

(d) if the land is occupied by a person other than the owner—the

occupier;

a written notice requesting that the tree be cut down or lopped, or

that the undergrowth or vegetation be cleared, as the case may be,

in the manner, and within the period, specified in the notice.

(2) The carrier may only engage in those activities if the request is not

complied with.

(3) A person may waive the person’s right to be given a notice under

subclause (1).

(3A) Subclauses (1) and (2) do not apply if:

(a) the carrier intends to engage in an activity under Division 2,

3 or 4 in relation to the installation, proposed installation or

maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is

impracticable in the circumstances.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Conditions relating to the carrying out of authorised activities Division 5

Clause 19

Telecommunications Act 1997 91

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

(3B) For the purposes of this clause, a temporary defence facility is a

facility of the kind mentioned in paragraph 6(1)(c) of this

Schedule.

(4) Subclauses (1) and (2) do not apply if:

(a) the carrier intends to engage in activities under Division 2

(which deals with inspection of land), 3 (which deals with

installation of facilities) or 4 (which deals with maintenance);

and

(b) those activities need to be carried out without delay in order

to protect:

(i) the integrity of a telecommunications network or a

facility; or

(ii) the health or safety of persons; or

(iii) the environment; or

(iv) property; or

(v) the maintenance of an adequate level of service.

19 Notice to roads authorities, utilities etc.

(1) At least 10 business days before engaging in any of the following

activities under Division 3 or 4:

(a) closing, diverting or narrowing a road or bridge;

(b) installing a facility on, over or under a road or bridge;

(d) altering the position of an electricity cable or wire;

a carrier must give written notice of its intention to do so to the

person or authority responsible for the care and management of the

road, bridge, main, pipe, cable or wire.

(2) A person or authority may waive the person’s or authority’s right

to be given a notice under subclause (1).

(2A) Subclause (1) does not apply if:

(a) the carrier intends to engage in an activity under Division 2,

3 or 4 in relation to the installation, proposed installation or

maintenance of a temporary defence facility; and

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 5 Conditions relating to the carrying out of authorised activities

Clause 20

92 Telecommunications Act 1997

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

(b) the carrier considers that compliance with subclause (1) is

impracticable in the circumstances.

(2B) For the purposes of this clause, a temporary defence facility is a

facility of the kind mentioned in paragraph 6(1)(c) of this

Schedule.

(3) Subclause (1) does not apply if:

(a) the carrier intends to engage in activities under Division 2

(which deals with inspection of land), 3 (which deals with

installation of facilities) or 4 (which deals with maintenance);

and

(b) those activities need to be carried out without delay in order

to protect:

(i) the integrity of a telecommunications network or a

facility; or

(ii) the health or safety of persons; or

(iii) the environment; or

(iv) property; or

(v) the maintenance of an adequate level of service.

20 Roads etc. to remain open for passage

If a carrier engages in an activity covered by Division 3, the carrier

must ensure that a facility installed over a road, bridge, path or

navigable water is installed in a way that will allow reasonable

passage by persons, vehicles and vessels.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 21

Telecommunications Act 1997 93

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

Division 6—Facility installation permits

21 Application for facility installation permit

(1) A carrier may apply to the ACMA for a permit authorising the

carrier to carry out the installation of one or more facilities.

(2) The permit is called a facility installation permit.

22 Form of application

An application must be:

(a) in writing; and

(b) in accordance with the form approved in writing by the

ACMA.

23 Application to be accompanied by charge

An application for a facility installation permit must be

accompanied by the charge (if any) fixed by a determination under

section 60 of the Australian Communications and Media Authority

Act 2005 in relation to so much of the ACMA’s expenses in

connection with dealing with the application as do not relate to the

conduct of a public inquiry in relation to the permit.

24 Withdrawal of application

This Division does not prevent the withdrawal of an application

and the submission of a fresh application.

25 Issue of facility installation permit

(1) After considering the application, the ACMA may issue a facility

installation permit authorising the applicant to carry out the

installation of any or all of the facilities specified in the

application.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 6 Facility installation permits

Clause 26

94 Telecommunications Act 1997

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

(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

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 27

Telecommunications Act 1997 95

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

(ii) notified the applicant in writing that the ACMA has

decided to issue the permit;

the ACMA is taken, at the end of that period of 65 business days,

to have decided to refuse to issue the permit.

(3) The ACMA may, by written instrument, determine that

subclause (2) has effect, in relation to a specified application for a

facility installation permit, as if a reference in that subclause to 65

business days were a reference to such greater number of business

days, not exceeding 85 business days, as is specified in the

determination. The determination has effect accordingly.

(4) In determining the validity of any action taken by the ACMA

under Part 25 in relation to the holding of a public inquiry in

relation to in a permit, regard must be had to the ACMA’s need to

act with sufficient speed to meet the time limit imposed by

subclause (2).

27 Criteria for issue of facility installation permit

Criteria

(1) The ACMA must not issue a facility installation permit that

authorises a carrier to carry out the installation of one or more

facilities unless the ACMA is satisfied that:

(a) the telecommunications network to which the facilities relate

is, or is likely to be, of national significance; and

(b) the facilities are, or are likely to be, an important part of the

telecommunications network to which the facilities relate;

and

(i) the greater part of the infrastructure of the

telecommunications network to which the facilities

relate has already been installed;

(ii) the greater part of the infrastructure of the

telecommunications network to which the facilities

relate has not been installed but each administrative

authority whose approval was required or would, apart

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 6 Facility installation permits

Clause 27

96 Telecommunications Act 1997

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

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:

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 27

Telecommunications Act 1997 97

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

(a) the carrier has made reasonable efforts to negotiate in good

faith with:

(i) each proprietor whose approval is required, or would,

apart from Division 3, be required, for carrying out the

installation; and

(ii) each administrative authority whose approval is

required, or would, apart from Division 3, be required,

for carrying out the installation; and

(b) one of the following subparagraphs applies:

(i) at least one approval that is referred to in

subparagraph (a)(i) has not been obtained within 20

business days after the beginning of the negotiations

concerned;

(ii) at least one approval that is referred to in

subparagraph (a)(ii) has not been obtained within 6

months after the beginning of the negotiations

concerned;

(iii) at least one approval that is referred to in paragraph (a)

has been refused.

Conditions relating to facilities consisting of designated overhead

lines

(2A) For the purposes of paragraph (1)(f), the following conditions are

specified:

(a) the carrier has made reasonable efforts to negotiate in good

faith with each proprietor whose approval is required, or

would, apart from Division 3, be required, for carrying out

the installation; and

(b) at least one of those approvals has not been obtained within

20 business days after the beginning of the negotiations

concerned; and

would, apart from Division 3, be required, for the installation

of the line has given such an approval.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 6 Facility installation permits

Clause 27

98 Telecommunications Act 1997

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

Networks of national significance

(3) In determining the matter set out in paragraph (1)(a), the ACMA

must have regard to the following:

(a) the geographical reach of the network;

(b) the number of customers connected, or likely to be

connected, to the network;

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

When facilities are an important part of a network

(4) In determining the matter set out in paragraph (1)(b), the ACMA

must have regard to at least one of the following:

(a) the technical importance of the facilities in the context of the

telecommunications network to which the facilities relate;

(b) the economic importance of the facilities in the context of the

telecommunications network to which the facilities relate;

telecommunications network to which the facilities relate.

When advantages of facilities outweigh degradation of the

environment

(5) In determining the matter set out in paragraph (1)(d), the ACMA

must have regard to the following:

(a) the extent to which the installation of the facilities is likely to

promote the long-term interests of end-users of carriage

services or of services supplied by means of carriage

services;

(b) the impact of the installation, maintenance or operation of the

facilities on the environment;

modern and cost-effective carriage services to the public;

(d) any relevant technical and/or economic aspects of the

installation, maintenance or operation of the facilities in the

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 27

Telecommunications Act 1997 99

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 6 Facility installation permits

Clause 27

100 Telecommunications Act 1997

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

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);

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 27

Telecommunications Act 1997 101

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

(b) the visual effect of the facilities on streetscapes and other

landscapes;

following places:

(i) a declared World Heritage property (as defined in the

Environment Protection and Biodiversity Conservation

Act 1999);

(ia) a declared Ramsar wetland (as defined in the

Environment Protection and Biodiversity Conservation

Act 1999);

(ii) a place that Australia is required to protect by the terms

of a listed international agreement;

(iii) an area that, under a law of the Commonwealth, a State

or a Territory, is reserved wholly or principally for

nature conservation purposes (however described);

(iv) an area that, under a law of the Commonwealth, a State

or a Territory, is protected from significant

environmental disturbance;

(d) whether the facilities are to be installed at or near an area or

thing that is:

(i) included in the National Heritage List or

Commonwealth Heritage List, within the meaning of the

Environment Protection and Biodiversity Conservation

Act 1999; or

(iii) registered under a law of a State or Territory relating to

heritage conservation; or

(iv) of particular significance to Aboriginal persons, or

Torres Strait Islanders, in accordance with their

traditions;

(e) such other matters (if any) as the ACMA considers relevant.

Deemed approvals by administrative authorities

(8) The ACMA may, by written instrument, determine that this clause

has the effect it would have if it were assumed that a specified

administrative authority had given a specified approval for the

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 6 Facility installation permits

Clause 28

102 Telecommunications Act 1997

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

installation of one or more specified facilities. The determination

has effect accordingly.

Note: For specification by class, see subsection 33(3AB) of the Acts

Interpretation Act 1901.

Definitions

(9) In this clause:

administrative authority means:

(a) the holder of an office; or

(b) an authority of a State or a Territory; or

performing administrative functions under a law of a State or a

Territory.

approval means an approval or permission (however described).

negotiations includes:

(a) the submission of an application for approval; and

(b) pursuing an application for approval.

proprietor means an owner or occupier of land.

review, in relation to a refusal to give an approval, means a review

on the merits (in other words, a review that is not based on the

grounds that the refusal is contrary to law).

telecommunications network includes a proposed

telecommunications network.

28 Special provisions relating to environmental matters

(1) Chapters 2 and 4 and Divisions 1 to 4 (inclusive) of Part 13 of the

Environment Protection and Biodiversity Conservation Act 1999

do not apply to:

(a) the performance of a function, or the exercise of a power,

conferred on the ACMA by this Division; or

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 29

Telecommunications Act 1997 103

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 6 Facility installation permits

Clause 32

104 Telecommunications Act 1997

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

32 Conditions of facility installation permit

(1) A facility installation permit is subject to such conditions as are

specified in the permit.

(2) A condition of a facility installation permit may restrict, limit or

prevent the carrying out of, an activity under Division 3. This

subclause does not, by implication, limit subclause (1).

(3) The following are examples of conditions to which a facility

installation permit may be subject:

(a) a condition requiring the holder to undertake an assessment,

or a further assessment, of the environmental impact of the

installation of the facility concerned;

(b) a condition requiring the holder to consult a particular person

or body in relation to the installation of the facility

concerned;

particular person or body in relation to the installation of the

facility concerned.

33 Surrender of facility installation permit

The holder of a facility installation permit may, at any time,

surrender the permit by written notice given to the ACMA.

34 Cancellation of facility installation permit

(1) The ACMA may, by written notice given to the holder of a facility

installation permit, cancel the permit.

(2) In deciding whether to cancel the permit, the ACMA may have

regard to:

(a) any contravention of Division 5; and

(b) any matter which the ACMA was entitled to have regard in

deciding whether to issue a permit.

(3) Subclause (2) does not, by implication, limit the matters to which

the ACMA may have regard.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Facility installation permits Division 6

Clause 35

Telecommunications Act 1997 105

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 7 Exemptions from State and Territory laws

Clause 36

106 Telecommunications Act 1997

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

Division 7—Exemptions from State and Territory laws

36 Activities not generally exempt from State and Territory laws

(1) Divisions 2, 3 and 4 do not operate so as to authorise an activity to

the extent that the carrying out of the activity would be inconsistent

with the provisions of a law of a State or Territory.

(2) The rule set out in subclause (1) has effect subject to any

exemptions that are applicable under clause 37.

37 Exemption from State and Territory laws

(1) This clause applies to an activity carried on by a carrier if the

activity is authorised by Division 2, 3 or 4.

(2) The carrier may engage in the activity despite a law of a State or

Territory about:

(a) the assessment of the environmental effects of engaging in

the activity; or

(b) the protection of places or items of significance to Australia’s

natural or cultural heritage; or

(d) the planning, design, siting, construction, alteration or

removal of a structure; or

(e) the powers and functions of a local government body; or

(f) the use of land; or

(g) tenancy; or

(h) the supply of fuel or power, including the supply and

distribution of extra-low voltage power systems; or

(i) a matter specified in the regulations.

(3) Paragraph (2)(b) does not apply to a law in so far as the law

provides for the protection of places or items of significance to the

cultural heritage of Aboriginal persons or Torres Strait Islanders.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Exemptions from State and Territory laws Division 7

Clause 38

Telecommunications Act 1997 107

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 8 Miscellaneous

Clause 41

108 Telecommunications Act 1997

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

Division 8—Miscellaneous

41 Guidelines

(1) In performing a function, or exercising a power, conferred on the

ACMA by this Part, the ACMA must have regard to:

(a) any guidelines in force under subclause (2); and

(b) such other matters as the ACMA considers relevant.

(2) The ACMA may, by written instrument, formulate guidelines for

the purposes of subclause (1).

42 Compensation

(1) If a person suffers financial loss or damage because of anything

done by a carrier under Division 2, 3 or 4 in relation to:

(a) any property owned by the person; or

(b) any property in which the person has an interest;

there is payable to the person by the carrier such reasonable

amount of compensation:

(d) failing agreement—as is determined by a court of competent

jurisdiction.

(2) Compensation payable under subclause (1) includes, without

limitation, compensation in relation to:

(a) damage of a temporary character as well as of a permanent

character; and

(b) the taking of sand, soil, stone, gravel, timber, water and other

things.

(3) In this clause:

court of competent jurisdiction, in relation to property, means:

(a) the Federal Court; or

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Miscellaneous Division 8

Clause 43

Telecommunications Act 1997 109

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

(b) the Supreme Court of the State or Territory in which the

property is situated or was situated at the time of the relevant

loss or damage; or

(i) for the recovery of debts up to an amount not less than

the amount of compensation claimed by the person; and

(ii) in relation to the locality in which the property, or part

of the property, is situated or was situated at the time of

the relevant loss or damage.

inferior court means:

(a) a County Court, District Court or local Court of a State or

Territory; or

(b) a court of summary jurisdiction exercising civil jurisdiction.

43 Power extends to carrier’s employees etc.

If, under a provision of Division 2, 3 or 4, a carrier is empowered

to:

(a) enter on land; or

(b) inspect land; or

(d) do anything else on, over or under land;

the provision also empowers:

(e) an employee of the carrier; or

(f) a person acting for the carrier under a contract; or

(g) an employee of a person referred to in paragraph (f);

to do that thing.

44 State and Territory laws that discriminate against carriers and

users of carriage services

(1) The following provisions have effect:

(a) a law of a State or Territory has no effect to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 8 Miscellaneous

Clause 44

110 Telecommunications Act 1997

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

particular carrier, against a particular class of carriers, or

against carriers generally;

(b) without limiting paragraph (a), a person is not entitled to a

right, privilege, immunity or benefit, and must not exercise a

power, under a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular carrier, against a particular class of carriers, or

against carriers generally;

comply with a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular carrier, against a particular class of carriers, or

against carriers generally.

(2) The following provisions have effect:

(a) a law of a State or Territory has no effect to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular eligible user, against a particular class of eligible

users, or against eligible users generally;

(b) without limiting paragraph (a), a person is not entitled to a

right, privilege, immunity or benefit, and must not exercise a

power, under a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular eligible user, against a particular class of eligible

users, or against eligible users generally;

comply with a law of a State or Territory to the extent to

which the law discriminates, or would have the effect

(whether direct or indirect) of discriminating, against a

particular eligible user, against a particular class of eligible

users, or against eligible users generally.

(3) For the purposes of this clause, if a carriage service is, or is

proposed to be, supplied to a person by means of a controlled

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Miscellaneous Division 8

Clause 45

Telecommunications Act 1997 111

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 8 Miscellaneous

Clause 47

112 Telecommunications Act 1997

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

(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:

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Miscellaneous Division 8

Clause 48

Telecommunications Act 1997 113

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

(a) designated overhead lines; and

(b) telecommunications transmission towers; and

(2) In performing the function conferred on the ACMA by

subclause (1), the ACMA must have regard to the following

matters:

(a) if:

(i) the ACMA is satisfied that a body or association

represents carriers; and

(ii) the body or association has given the ACMA a written

statement setting out the body’s or association’s views

about how the ACMA should perform that function;

the views set out in the statement;

(b) the legitimate business interests of carriers;

(d) the privacy of end-users of carriage services supplied by

means of the lines, towers or facilities concerned.

(3) Subclause (2) does not, by implication, limit the matters to which

the ACMA may have regard.

(4) Clauses 40 and 41 do not apply to the function conferred on the

ACMA by subclause (1).

(5) In this clause:

telecommunications transmission tower means:

(a) a tower; or

(b) a pole; or

(d) a similar structure;

used to supply a carriage service by means of

radiocommunications.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 8 Miscellaneous

Clause 50

114 Telecommunications Act 1997

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

50 Monitoring of progress in relation to placing facilities

underground

The ACMA is to monitor, and report to the Minister on, progress in

relation to the implementation of efforts to place facilities

underground.

51 Removal of certain overhead lines

(1) If:

(a) an overhead line (the eligible overhead line) is attached to a

pole (the first pole); and

(b) the eligible overhead line, or a portion of the eligible

overhead line, is suspended between the first pole and

another pole (the second pole); and

authorised by:

(i) this Act; or

(ii) section 116 of the Telecommunications Act 1991; or

(iii) Division 3 of Part 7 of the Telecommunications Act

1991; or

(iv) a repealed law of the Commonwealth; and

(d) there is also attached to the first pole one or more other

overhead cables, where at least one of the other overhead

cables is a non-communications cable; and

(e) each of the non-communications cables is permanently

removed (either simultaneously or over a period) and is not

replaced;

the owner of the eligible overhead line must, within 6 months after

the completion of the last of the removals referred to in

paragraph (e), permanently remove so much of the eligible

overhead line as is suspended between the first pole and the second

pole.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Miscellaneous Division 8

Clause 51

Telecommunications Act 1997 115

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

(2) If:

(a) there is a local government body for the area in which the

first pole is situated; and

(b) there is no prescribed administrative authority for the State or

Territory in which the first pole is situated;

the local government body may, by writing:

compliance with subclause (1) in relation to the first pole; or

(d) extend the period of 6 months mentioned in subclause (1) for

the purposes of the application of subclause (1) to the owner

of the eligible overhead line and to the first pole.

(3) If there is a prescribed administrative authority for the State or

Territory in which the first pole is situated, the prescribed

administrative authority may, by writing:

(a) exempt the owner of the eligible overhead line from

compliance with subclause (1) in relation to the first pole; or

(b) extend the period of 6 months mentioned in subclause (1) for

the purposes of the application of subclause (1) to the owner

of the eligible overhead line and to the first pole.

(4) If:

(a) there is no local government body for the area in which the

first pole is situated; and

(b) there is no prescribed administrative authority for the State or

Territory in which the first pole is situated;

the regulations may make provision for and in relation to:

compliance with subclause (1) in relation to the first pole;

and

(d) the extension of the period of 6 months mentioned in

subclause (1) for the purposes of the application of

subclause (1) to the owner of the eligible overhead line and

to the first pole.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 8 Miscellaneous

Clause 51

116 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

General provisions Part 1

Miscellaneous Division 8

Clause 52

Telecommunications Act 1997 117

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

52 Commonwealth laws not displaced

Divisions 2, 3 and 4 do not authorise a carrier to engage in an

activity contrary to the requirements of another law of the

Commonwealth.

53 Subdivider to pay for necessary alterations

If:

(a) it becomes necessary, in the opinion of a carrier, because of

the subdivision of any land, to remove, or alter the position

of, a facility on, over or under the land; and

(b) the carrier incurs costs in connection with anything

reasonably done in connection with the removal or alteration;

the person who subdivided the land is liable to pay to the carrier so

much of those costs as is reasonable, and that amount may be

recovered in a court of competent jurisdiction as a debt due to the

carrier.

54 Service of notices

(1) If:

(a) a carrier is unable, after diligent inquiry, to find out who

owns particular land; or

(b) a carrier is unable to serve a notice under this Part on the

owner of land either personally or by post;

the carrier may serve a notice under this Part on the owner of the

land by publishing a copy of the notice in a newspaper circulating

in a district in which the land is situated and:

occupier; or

(d) if the land is not occupied—attaching, if practicable, a copy

of the notice to a conspicuous part of the land.

(2) If a carrier is unable, after diligent inquiry, to find out:

(a) whether particular land is occupied; or

(b) who occupies particular land;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 1 General provisions

Division 8 Miscellaneous

Clause 54

118 Telecommunications Act 1997

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

Transitional provisions Part 2

Clause 60

Telecommunications Act 1997 119

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

Part 2—Transitional provisions

60 Existing buildings, structures and facilities—application of State

and Territory laws

A law of a State or Territory that relates to:

(a) the standards applicable to:

(i) the design; or

(ii) the manner of the construction;

of a building, structure or facility; or

(b) the approval of the construction of a building, structure or

facility; or

(d) the alteration or demolition of a building, structure or facility;

does not apply to a building, structure or facility that is owned or

operated by a carrier to the extent that the construction, alteration

or demolition of the building, structure or facility was or is

authorised by:

(e) section 116 of the Telecommunications Act 1991; or

(f) Division 3 of Part 7 of the Telecommunications Act 1991; or

(g) a repealed law of the Commonwealth.

61 Existing buildings, structures and facilities—application of the

common law

A rule of the common law that relates to trespass does not apply to

the continued existence of a building, structure or facility that is

owned or operated by a carrier to the extent that the construction or

alteration of the building, structure or facility was or is authorised

by:

(a) section 116 of the Telecommunications Act 1991; or

(b) Division 3 of Part 7 of the Telecommunications Act 1991; or

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3 Carriers’ powers and immunities

Part 3 Compensation for acquisition of property

Clause 62

120 Telecommunications Act 1997

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

Part 3—Compensation for acquisition of property

62 Compensation for acquisition of property

(1) If:

(a) either of the following would result in an acquisition of

property from a person:

(i) anything done by a carrier under, or because of, this

Schedule;

(ii) the existence of rights conferred on a carrier under, or

because of, this Schedule in relation to a building,

structure or facility owned or operated by the carrier;

and

(b) the acquisition of property would not be valid, apart from this

clause, because a particular person had not been

compensated;

the carrier must pay that person:

person and the carrier; or

(d) failing agreement—a reasonable amount of compensation

determined by a court of competent jurisdiction.

(2) In assessing compensation payable under this clause arising out of

an event, the following must be taken into account:

(a) any compensation obtained by the person as a result of an

agreement between the person and the carrier otherwise than

under this clause but arising out of the same event;

(b) any damages or compensation recovered by the person from

the carrier, or other remedy given, in a proceeding begun

otherwise than under this clause but arising out of the same

event.

(3) This clause does not limit the operation of clause 42.

(4) In this clause:

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Schedule 3

Compensation for acquisition of property Part 3

Clause 63

Telecommunications Act 1997 121

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 1 Preliminary

Clause 1

122 Telecommunications Act 1997

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Preliminary Part 1

Clause 2

Telecommunications Act 1997 123

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

Note: Australia has a different meaning in this Schedule from the meaning it

has elsewhere in this Act.

Australian national means:

(a) an Australian citizen; or

(b) a body corporate established by, or under, a law of:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(d) a State; or

(e) a Territory.

Australian ship means a ship other than a foreign ship.

Australian waters means:

(a) the waters of the territorial sea of Australia; and

(b) the waters of the exclusive economic zone of Australia; and

that is beyond the limits of the exclusive economic zone.

Note: Australia, when used in this definition, includes all of the external

territories.

business day means a day on which the ACMA is open for

business in both:

(a) Victoria; and

(b) the Australian Capital Territory.

cetacean has the same meaning as in the Environment Protection

and Biodiversity Conservation Act 1999.

coastal waters:

(a) of a State, means that part of the sea that is included in the

coastal waters of the State within the meaning of the Coastal

Waters (State Powers) Act 1980; and

(b) of the Northern Territory, means that part of the sea that is

included in the coastal waters of the Territory within the

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 1 Preliminary

Clause 2

124 Telecommunications Act 1997

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

meaning of the Coastal Waters (Northern Territory Powers)

Act 1980.

Commonwealth marine area has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

Commonwealth regulatory approval, in relation to the installation

of a submarine cable or cables, means an approval (however

described) that:

(a) relates to the installation of the cable or cables; and

(b) is required under:

(i) the Environment Protection and Biodiversity

Conservation Act 1999; or

(ii) any other law of the Commonwealth (other than this

Schedule).

conduct means an act, an omission to perform an act or a state of

affairs.

declared Ramsar wetland has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

declared World Heritage property has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

domestic submarine cable means that part of a line link (within the

meaning of section 30):

(a) that is laid on or beneath the seabed that lies beneath

Australian waters; and

(b) that is laid for purposes that include connecting a place in

Australia with another place in Australia (whether or not the

cable is laid via a place outside Australia); and

and includes any device attached to that part of the line link, if the

device is used in or in connection with the line link, but does not

include an international submarine cable.

Note 1: Any part of a line link that is laid elsewhere than on or beneath the

Australian seabed, and any device attached to such part of a line link,

is not a domestic submarine cable for the purposes of this Schedule.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Preliminary Part 1

Clause 2

Telecommunications Act 1997 125

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

Note 2: See also subclause (3).

ecological character has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

ecological community has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

engage in conduct means to do an act or omit to do an act.

environment has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

Environment Secretary means the Secretary of the Department

administered by the Minister who is for the time being responsible

for administering the Environment Protection and Biodiversity

Conservation Act 1999.

foreign national means a person who is not an Australian national.

foreign ship has the same meaning as in the Customs Act 1901.

installation, in relation to a submarine cable, includes:

(a) the laying of the cable on or beneath the seabed; and

(b) the attachment of the cable to any other cable or thing; and

the cable (for this purpose, installation includes an activity

covered by paragraph (a) or (b)).

international agreement means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign

country;

and includes, for example, an agreement, arrangement or

understanding between a Minister and an official or authority of a

foreign country.

international submarine cable means that part of a line link

(within the meaning of section 30):

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 1 Preliminary

Clause 2

126 Telecommunications Act 1997

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

(a) that is laid on or beneath the seabed that lies beneath

Australian waters; and

(b) that is laid for purposes that include connecting a place in

Australia with a place outside Australia (whether or not the

cable is laid via another place in Australia); and

and includes any device attached to that part of the line link, if the

device is used in or in connection with the line link.

Note 1: Any part of a line link that is laid elsewhere than on or beneath the

Australian seabed, and any device attached to such part of a line link,

is not an international submarine cable for the purposes of this

Schedule.

Note 2: See also subclause (4).

listed international agreement means any of the following:

(a) an agreement that is a listed international agreement for the

purposes of Schedule 3;

(b) an international agreement specified in regulations made for

the purposes of this definition.

listed marine species has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

listed migratory species has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

listed threatened species has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

National Heritage List has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

National Heritage value has the same meaning as in the

Environment Protection and Biodiversity Conservation Act 1999.

non-protection zone installation permit means a permit under

Division 3 of Part 3 of this Schedule.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Preliminary Part 1

Clause 2

Telecommunications Act 1997 127

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

protection zone means a protection zone declared by the ACMA

under clause 4.

protection zone installation permit means a permit under

Division 2 of Part 3 of this Schedule.

security has the same meaning as in the Australian Security

Intelligence Organisation Act 1979.

ship means any kind of vessel used in navigation by water,

however propelled or moved.

submarine cable means:

(a) a domestic submarine cable; or

(b) an international submarine cable.

Note: See also subclause (5).

threatened ecological community means an ecological community

that is included in the list of threatened ecological communities

kept under Division 1 of Part 13 of the Environment Protection

and Biodiversity Conservation Act 1999.

threatened species means a species that is included in one of the

following categories of the list of threatened species kept under

Division 1 of Part 13 of the Environment Protection and

Biodiversity Conservation Act 1999:

(a) extinct in the wild;

(b) critically endangered;

(d) vulnerable.

Torres Strait Islander means a descendant of an indigenous

inhabitant of the Torres Strait Islands.

world heritage values has the same meaning as in the Environment

Protection and Biodiversity Conservation Act 1999.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 1 Preliminary

Clause 2A

128 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Simplified outline Division 1

Clause 3

Telecommunications Act 1997 129

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 4

130 Telecommunications Act 1997

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

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

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Declaration of protection zones Division 2

Clause 7

Telecommunications Act 1997 131

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

(b) the ACMA decides to develop a proposal for a protection

zone in response to the request;

the ACMA must give the person a copy of its proposal.

ACMA decides not to develop a proposal

(2) If:

(a) a person requests the ACMA to declare a protection zone;

and

(b) the ACMA decides not to develop a proposal for a protection

zone in response to the request;

the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

7 Decision not to declare a requested protection zone or to declare a

different protection zone

No declaration

(1) If:

(a) a person requests the ACMA to declare a protection zone;

and

(b) the ACMA develops a proposal for the protection zone in

response to the request; and

the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

Declaration different from request

(2) If:

(a) a person requests the ACMA to declare a protection zone;

and

(b) the ACMA develops a proposal for the protection zone in

response to the request; and

the requested protection zone;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 8

132 Telecommunications Act 1997

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

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

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Declaration of protection zones Division 2

Clause 10

Telecommunications Act 1997 133

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 10

134 Telecommunications Act 1997

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

(2) If a declaration of a protection zone does not specify activities that

are prohibited in the protection zone, the activities specified in

subclause (4) are prohibited.

(3) An activity which is specified in a declaration of a protection zone

must be an activity that is covered by subclause (4).

(4) This subclause covers the following activities:

(a) the use of:

(i) trawl gear that is designed to work on or near the seabed

(for example, a demersal trawn( � or

(ii) a net anchored to the seabed and kept upright by floats

(for example, a demersal gillnet); or

(iii) a fishing line that is designed to catch fish at or near the

seabed (for example, a demersal line); or

(iv) a dredge; or

(v) a pot or trap; or

(vi) a squid jig; or

(vii) a seine; or

(viii) a structure moored to the seabed with the primary

function of attracting fish for capture (for example, a

fish aggregating device);

(b) towing, operating, or suspending from a ship:

(i) any item mentioned in paragraph (a); or

(ii) a net, line, rope, chain or any other thing used in

connection with fishing operations;

(d) sand mining;

(e) exploring for or exploiting resources (other than marine

species);

(f) mining or the use of mining techniques;

(g) any activity that involves a serious risk that an object will

connect with the seabed, if a connection between the object

and a submarine cable would be capable of damaging the

cable;

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Declaration of protection zones Division 2

Clause 11

Telecommunications Act 1997 135

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

(h) an activity specified in the regulations, being an activity that,

if done near a submarine cable, would involve a serious risk

of damaging the cable.

(5) However, subclause (4) does not cover an activity if:

(a) the activity is carried on by, or on behalf of, a person who

owns or operates a submarine cable in the protection zone;

and

(b) the activity consists of the maintenance or repair of the

submarine cable.

11 Restricted activities

(1) A declaration of a protection zone may specify restrictions that are

imposed in the protection zone on activities in the protection zone.

(2) An activity on which restrictions are imposed must be an activity

that is covered by subclause (3).

(3) This subclause covers the following activities:

(a) the use of:

(i) a net that is above the seabed at all times; or

(ii) lures or baits attached to a line towed behind a ship;

(b) towing, operating, or suspending from a ship:

(i) any item mentioned in paragraph (a); or

(ii) a net, line, rope, chain or any other thing used in

connection with fishing operations;

(d) installing, maintaining or removing an electricity cable, an oil

or gas pipeline, any like cables or pipelines and any

associated equipment;

(e) constructing, maintaining or removing an installation for the

use of ships;

(f) constructing or maintaining navigational aids;

(g) any activity that involves a risk that an object will connect

with the seabed, if a connection between the object and a

submarine cable would be capable of damaging the cable;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 12

136 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Declaration of protection zones Division 2

Clause 15

Telecommunications Act 1997 137

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

Subdivision B—Prerequisites to declaration of a protection

zone

15 ACMA to develop a proposal for a protection zone

(1) Before the ACMA declares a protection zone in relation to one or

more submarine cables, or one or more submarine cables that are

proposed to be installed, the ACMA must develop a proposal for

the protection zone.

(2) The proposal must include:

(a) the nominal location of the submarine cable or cables in

Australian waters; and

(b) if the area of the proposed protection zone is different from

the area under clause 9—details of the location and

dimensions of the proposed protection zone; and

protection zone; and

(d) details of the restrictions that are to be imposed on activities

in the proposed protection zone.

(3) A proposal developed under subsection (1) is not a legislative

instrument.

16 ACMA to refer proposal to advisory committee

(1) The ACMA must refer a proposal developed under clause 15 to an

advisory committee.

Note: See clause 49 for requirements that relate to advisory committees.

(2) The advisory committee may make recommendations in relation to

the proposal.

(3) If the advisory committee does not make recommendations in

relation to the proposal, the committee must give the ACMA a

statement setting out the opinion of each committee member in

relation to the proposal.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 17

138 Telecommunications Act 1997

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

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

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Declaration of protection zones Division 2

Clause 18

Telecommunications Act 1997 139

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 20

140 Telecommunications Act 1997

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

20 Matters the ACMA must have regard to

In deciding whether to declare a protection zone in relation to one

or more submarine cables, the ACMA must have regard to:

(a) the recommendations or statement of opinions of the

advisory committee that considered the proposal for the

protection zone; and

(b) any submissions received from the public about the proposal

for the protection zone; and

and cost-effective carriage services to the public; and

(d) if the proposed protection zone relates to a submarine cable

that is not yet installed—the impact of the installation on the

environment; and

(e) if the proposed protection zone relates to a submarine cable

that is not yet installed—any relevant technical and economic

aspects of the installation; and

(f) if the proposed protection zone relates to a submarine cable

that is not yet installed—whether the submarine cable is to be

co-located with an existing submarine cable or cables; and

(g) if the proposed protection zone relates to a submarine cable

that is not yet installed—the economic and social benefits

that are likely to result from the installation of the cable; and

(h) any other matters that the ACMA considers relevant.

21 Environment and heritage considerations

For the purposes of paragraph 20(d) of this Schedule, the ACMA

must have regard to:

(a) whether the installation, maintenance or operation of the

submarine cable:

(i) is inconsistent with Australia’s obligations under a

listed international agreement; or

(ii) could have an adverse effect on a listed threatened

species or threatened ecological community, or impede

the recovery of a listed threatened species or threatened

ecological community; or

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Declaration of protection zones Division 2

Clause 22

Telecommunications Act 1997 141

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

(iii) could have an adverse effect on a listed marine species;

(iv) could have an adverse effect on the environment,

including the environment within a Commonwealth

marine area; or

(v) could have an adverse effect on cetaceans; or

(vi) could have an adverse effect on a listed migratory

species; or

(vii) could have an adverse effect on the National Heritage

values of a place included in the National Heritage List;

(viii) could have an adverse effect on the ecological character

of a declared Ramsar wetland; or

(ix) could have an adverse effect on the world heritage

values of a declared World Heritage property; or

(x) could have an adverse effect on a place that Australia is

required to protect by the terms of a listed international

agreement; or

(xi) could have an adverse effect on an area that, under the

law of the Commonwealth, a State or a Territory, is

reserved wholly or principally for marine conservation

purposes (however described); or

(xii) could have an adverse effect on an area that, under a law

of the Commonwealth, a State or a Territory, is

protected from significant environmental disturbance;

and

(b) whether the submarine cable is to be installed at or near an

area or thing that is of particular significance to Aboriginal

persons, or Torres Strait Islanders, in accordance with their

traditions; and

22 Deadline for final decision about protection zone

If the ACMA publishes a proposal for a protection zone under

clause 17, the ACMA’s decision whether or not to declare the

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 2 Declaration of protection zones

Clause 22

142 Telecommunications Act 1997

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Varying or revoking a declaration of a protection zone Division 3

Clause 23

Telecommunications Act 1997 143

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 3 Varying or revoking a declaration of a protection zone

Clause 26

144 Telecommunications Act 1997

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

26 Response to a request to vary or revoke a declaration

ACMA decides to develop a variation or revocation proposal

(1) If:

(a) a person requests the ACMA to vary or revoke a declaration

of a protection zone; and

(b) the ACMA decides to develop a variation or revocation

proposal in response to the request;

the ACMA must:

(d) if the proposal differs from what the person requested—

notify the person in writing of the reasons for the difference.

ACMA decides not to develop a variation or revocation proposal

(2) If:

(a) a person requests the ACMA to vary or revoke a declaration

of a protection zone; and

(b) the ACMA decides not to develop a proposal to vary or

revoke a declaration of a protection zone in response to the

request;

the ACMA must notify the person in writing of the ACMA’s

decision and the reasons for the decision.

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

If, after developing a proposal to vary or revoke a declaration of a

protection zone in response to a request by a person, the ACMA:

(a) decides not to vary or revoke the declaration; or

(b) decides to vary the declaration in a way different from that

requested; or

(d) decides to revoke the declaration when variation was

requested;

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Varying or revoking a declaration of a protection zone Division 3

Clause 28

Telecommunications Act 1997 145

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 3 Varying or revoking a declaration of a protection zone

Clause 32

146 Telecommunications Act 1997

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

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:

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Varying or revoking a declaration of a protection zone Division 3

Clause 32A

Telecommunications Act 1997 147

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

(a) prepare a summary of the proposal; and

(b) publish the summary:

(i) in the Gazette; and

(ii) on the ACMA’s website; and

(iii) in a newspaper circulating generally in each State, the

Australian Capital Territory and the Northern Territory;

and

(iv) if an external Territory is affected by the proposal—in a

newspaper circulating generally in the external

Territory.

(3) If the summary under subclause (2) relates to a proposal to vary a

declaration of a protection zone, the summary must include:

(a) the name of the protection zone; and

(b) details of the location and dimensions of the protection zone

as proposed to be varied; and

as it exists before the variation; and

(d) an outline of the reasons for the variation; and

(e) information about how people can:

(i) access the proposal on the ACMA’s website; and

(ii) request a copy of the proposal under subclause 32(3).

(4) If the summary under subclause (2) relates to a proposal to revoke

a declaration of a protected zone, the summary must include:

(a) the name of the protection zone; and

(b) details of the location and dimensions of the protection zone;

and

(d) information about how people can:

(i) access the proposal on the ACMA’s website; and

(ii) request a copy of the proposal under subclause 32(3).

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 3 Varying or revoking a declaration of a protection zone

Clause 33

148 Telecommunications Act 1997

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

33 Consultation with Environment Secretary

(1) The ACMA must not vary or revoke a declaration of a protection

zone unless the ACMA has consulted with the Environment

Secretary in relation to the proposal to vary or revoke the

declaration.

(2) The ACMA must have regard to any advice or recommendations

provided by the Environment Secretary in relation to the proposal.

34 Matters the ACMA must have regard to

In deciding whether to vary or revoke a declaration of a protection

zone, the ACMA must have regard to:

(a) the recommendations or statement of opinions of the

advisory committee that considered the variation or

revocation proposal; and

(b) any submissions received from the public about the variation

or revocation proposal; and

(i) the owner of each submarine cable in the protection

zone; and

(ii) if the carrier responsible for a cable in the protection

zone is not the owner of the cable—that carrier; and

(d) any other matters that the ACMA considers relevant.

35 Deadline for final decision about varying or revoking a protection

zone

If the ACMA publishes a proposal to vary or revoke a declaration

of a protection zone under clause 32, the ACMA must decide

whether to vary or revoke the declaration within 180 days after the

day on which the proposal was published.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Offences in relation to a protection zone Division 4

Clause 36

Telecommunications Act 1997 149

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

Division 4—Offences in relation to a protection zone

Subdivision A—Damaging a submarine cable

36 Damaging a submarine cable

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to a submarine cable; and

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

37 Negligently damaging a submarine cable

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in damage to a submarine cable; and

in that damage; and

(d) the cable is in a protection zone.

Penalty: Imprisonment for 3 years or 180 penalty units, or both.

(2) Strict liability applies to paragraph (1)(d).

Note: For strict liability, see section 6.1 of the Criminal Code.

38 Defence to offences of damaging a submarine cable

Subclauses 36(1) and 37(1) do not apply if:

(a) the conduct that resulted in damage to the submarine cable

was necessary to save a life or a ship; or

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 4 Offences in relation to a protection zone

Clause 39

150 Telecommunications Act 1997

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

(b) the conduct that resulted in damage to the submarine cable

was necessary to prevent pollution; or

damage to the submarine cable; or

(d) the defendant is the carrier who owns or operates the

submarine cable; or

(e) when the conduct occurred, the defendant was acting on

behalf of the carrier who owns or operates the submarine

cable.

Note: The defendant bears an evidential burden in relation to the matters in

this clause. See subsection 13.3(3) of the Criminal Code.

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

cable

(1) A person (the first person) commits an offence if:

(a) the first person is the owner or master of a ship; and

(b) the first person permits another person to use the ship; and

(d) the ship is used in the commission of the offence and the first

person is reckless as to that fact.

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision B—Engaging in prohibited or restricted activities

40 Engaging in prohibited or restricted activities

A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct occurs in a protection zone; and

(i) is prohibited in the protection zone; or

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Offences in relation to a protection zone Division 4

Clause 41

Telecommunications Act 1997 151

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

(ii) contravenes a restriction imposed on an activity in the

protection zone; and

(d) the conduct is not engaged in by the carrier who owns or

operates the cable, or a person acting on behalf of such a

carrier, for the purpose of maintaining or repairing a

submarine cable for which the carrier is responsible; and

(e) the conduct is not engaged in by a carrier who holds a

protection zone installation permit, or a person acting on such

a carrier’s behalf, in, or in the course of, the installation of a

submarine cable in accordance with the permit.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

41 Aggravated offence of engaging in prohibited or restricted

activities

A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct occurs in a protection zone; and

(i) is prohibited in the protection zone; or

(ii) contravenes a restriction imposed on an activity in the

protection zone; and

(d) the person engages in the conduct with the intention of

making a commercial gain; and

(e) the conduct is not engaged in by the carrier who owns or

operates the cable, or a person acting on behalf of such a

carrier, for the purpose of maintaining or repairing a

submarine cable for which the carrier is responsible; and

(f) the conduct is not engaged in by a carrier who holds a

protection zone installation permit, or a person acting on such

a carrier’s behalf, in, or in the course of, the installation of a

submarine cable in accordance with the permit.

Penalty: Imprisonment for 7 years or 420 penalty units, or both.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 4 Offences in relation to a protection zone

Clause 42

152 Telecommunications Act 1997

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

42 Defences to offences of engaging in prohibited or restricted

activities

Clauses 40 and 41 do not apply if:

(a) the conduct was necessary to save a life or ship; or

(b) the conduct was necessary to prevent pollution; or

the conduct.

Note: The defendant bears an evidential burden in relation to the matters in

this clause. See subsection 13.3(3) of the Criminal Code.

43 Alternative verdict if aggravated offence not proven

If, on a trial for an offence against clause 41:

(a) the arbiter of fact is not satisfied that the defendant engaged

in the activity with the intention of making a commercial

gain; and

(b) the arbiter of fact is otherwise satisfied that the defendant has

committed an offence against clause 40;

the arbiter may find the defendant not guilty of the offence against

clause 41 but guilty of an offence against clause 40, so long as the

defendant has been accorded procedural fairness in relation to that

finding of guilt.

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

or restricted activities

(1) A person (the first person) commits an offence if:

(a) the first person is the owner or master of a ship; and

(b) the first person permits another person to use the ship; and

and

(d) the ship is used in the commission of the offence and the first

person is reckless as to that fact.

Penalty:

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Offences in relation to a protection zone Division 4

Clause 44A

Telecommunications Act 1997 153

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

(a) if the other person committed an offence against clause 40—

imprisonment for 5 years or 300 penalty units, or both; or

(b) if the other person committed an offence against clause 41—

imprisonment for 7 years or 420 penalty units, or both.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision C—Foreign nationals and foreign ships

44A Foreign nationals and foreign ships

Foreign nationals—no involvement of ship

(1) This Division does not apply to anything done, or omitted to be

done, if:

(a) the thing is done, or omitted to be done, by a foreign

national; and

(b) the thing is done, or omitted to be done in, on, or beneath the

seabed that lies beneath, either or both of the following:

(i) the waters of the exclusive economic zone of Australia;

(ii) the sea above that part of the continental shelf of

Australia that is beyond the limits of the exclusive

economic zone; and

ship;

unless the thing done, or omitted to be done, touches, concerns,

arises out of or is connected with:

(d) the exploration of the continental shelf of Australia; or

(e) the exploitation of the resources of the continental shelf of

Australia (including the exploitation of the resources of the

waters of the exclusive economic zone); or

(f) the operations of artificial islands, installations or structures

that are under Australia’s jurisdiction.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 4 Offences in relation to a protection zone

Clause 44A

154 Telecommunications Act 1997

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

Foreign nationals—involvement of foreign ship

(2) This Division does not apply to anything done, or omitted to be

done, if:

(a) the thing is done, or omitted to be done, by a foreign

national; and

(b) the thing is done, or omitted to be done, in either or both of

the following:

(i) the waters of the exclusive economic zone of Australia;

(ii) the sea above that part of the continental shelf of

Australia that is beyond the limits of the exclusive

economic zone; and

unless the thing done, or omitted to be done, touches, concerns,

arises out of or is connected with:

(d) the exploration of the continental shelf of Australia; or

(e) the exploitation of the resources of the continental shelf of

Australia (including the exploitation of the resources of the

waters of the exclusive economic zone); or

(f) the operations of artificial islands, installations or structures

that are under Australia’s jurisdiction.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Miscellaneous Division 5

Clause 45

Telecommunications Act 1997 155

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

Division 5—Miscellaneous

45 Person may claim damages

(1) A person who suffers, directly or indirectly, loss or damage:

(a) because a submarine cable in a protection zone is damaged

by conduct of another person; or

(b) because another person engages in conduct that is prohibited

in a protection zone; or

restriction imposed on an activity in a protection zone;

may recover the amount of the loss or damage:

(d) against that other person; or

(e) against any person involved in the contravention (whether or

not a person is convicted of an offence in respect of the

contravention).

(2) An action under subclause (1) may be commenced at any time

within 6 years after the day on which the cause of action that

relates to the conduct accrued.

(3) A reference in subclause (1) to a person who is involved in a

contravention is a reference to a person who has:

(a) aided, abetted, counselled or procured the contravention; or

(b) induced, whether by threats or promises or otherwise, the

contravention; or

in, or party to, the contravention; or

(d) conspired with others to effect the contravention.

(4) Jurisdiction is conferred on the Federal Court in any matter arising

under this clause in respect of which a civil proceeding is instituted

under this clause.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 5 Miscellaneous

Clause 46

156 Telecommunications Act 1997

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

46 Indemnity for loss of anchor etc.

(1) If:

(a) after all reasonable precautionary measures have been taken,

an anchor, a net or any other fishing gear belonging to a ship

is sacrificed in order to avoid damaging a submarine cable in

a protection zone; and

(b) at the time the sacrifice is made, no person on board the ship

is engaging in conduct:

(i) that is prohibited in the protection zone; or

(ii) that contravenes a restriction imposed on an activity in

the protection zone;

the owner of the ship is entitled to be indemnified for that loss by

the carrier responsible for the submarine cable.

(2) Jurisdiction is conferred on the Federal Court in any matter arising

under this clause in respect of which a civil proceeding is instituted

under this clause.

47 ACMA to notify relevant authorities of declaration, variation etc.

of protection zone

(1) If the ACMA declares a protection zone under clause 4, or varies

or revokes a declaration under clause 23, the ACMA must notify

the authorities mentioned in subclause (2) as soon as practicable of

the details of the ACMA’s decision to declare the protection zone

or vary or revoke the declaration.

(2) The authorities are the following:

(aa) the Department administered by the Minister administering

Part XII of the Customs Act 1901;

(ab) the Australian Defence Force;

(ac) the Australian Federal Police;

(a) the Australian Fisheries Management Authority;

(b) the Australian Hydrographic Service;

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Protection zones Part 2

Miscellaneous Division 5

Clause 48

Telecommunications Act 1997 157

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

(d) the authority administering the business carried on at a port

or ports of a State or the Northern Territory, if the port or

ports are directly affected by the declaration;

(e) the National Offshore Petroleum Safety and Environmental

Management Authority;

(f) the National Offshore Petroleum Titles Administrator;

(g) an authority that is:

(i) established by or under a law of the Commonwealth, a

State or a Territory; and

(ii) specified in an instrument in force under subclause (3).

(3) The Minister may, by legislative instrument, specify one or more

authorities for the purposes of subparagraph (2)(g)(ii).

48 Notice if carrier decommissions a submarine cable

If:

(a) a declaration of a protection zone in relation to a submarine

cable has effect; and

(b) the cable ceases to be in use (other than temporarily);

the carrier who is responsible for the cable must notify the ACMA

in writing of the cessation, as soon as practicable after the cessation

happens.

49 Composition of advisory committee

(1) An advisory committee established for the purposes of clause 16 or

31 must have no more than 12 members.

(2) Without limiting the persons who may be appointed as members of

an advisory committee established for the purposes of clause 16 or

31, the ACMA may appoint persons who, in the opinion of the

ACMA, represent the concerns of any of the following:

(a) the Commonwealth;

(b) an interested State;

Commonwealth or a State;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 2 Protection zones

Division 5 Miscellaneous

Clause 49

158 Telecommunications Act 1997

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

(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.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Simplified outline Division 1

Clause 50

Telecommunications Act 1997 159

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

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.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 1 Simplified outline

Clause 50

160 Telecommunications Act 1997

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

• It is also an offence for a person who holds a permit to breach

a condition of the permit.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Protection zone installation permits Division 2

Clause 51

Telecommunications Act 1997 161

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

Division 2—Protection zone installation permits

51 Application for a protection zone installation permit

(1) A carrier may apply to the ACMA for a permit (a protection zone

installation permit) to:

(a) install one or more submarine cables in a protection zone; or

(b) install a single international submarine cable in both:

(i) a protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory; or

both:

(i) a protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory.

(2) It is immaterial whether the cable or cables specified in the

application are the cable or cables in relation to which the

protection zone was declared.

52 Form of application etc.

(1) An application must be:

(a) in writing; and

(b) in the form approved in writing by the ACMA.

(2) The approved form must require the application to set out:

(a) the proposed route or routes, in Australian waters, of the

submarine cable or cables specified in the application; and

(b) information about the ownership and control of the

submarine cable or cables specified in the application; and

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 53

162 Telecommunications Act 1997

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

(3) For the purposes of subclause (2), control includes control as a

result of, or by means of, trusts, agreements, arrangements,

understandings and practices:

(a) whether or not having legal or equitable force; and

(b) whether or not based on legal or equitable rights; and

one or more interposed companies, partnerships or trusts.

53 Application to be accompanied by charge

An application must be accompanied by the charge (if any)

imposed on the application by a determination under section 60 of

the Australian Communications and Media Authority Act 2005.

54 Withdrawal of application

This Division does not prevent the withdrawal of an application

and the submission of a fresh application.

54A Notification of change of circumstances

(1) If:

(a) an application is pending; and

(b) the applicant becomes aware of a change of circumstances

relating to information set out in the application;

the applicant must:

(d) do so as soon as practicable.

(2) After considering the notification, the ACMA must decide whether

or not the change should be treated as a material change in

circumstances for the purposes of clause 58.

Note: Clause 58 deals with the timing of the ACMA’s decision on the

application.

(3) The ACMA must:

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Protection zone installation permits Division 2

Clause 55

Telecommunications Act 1997 163

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

(a) notify the applicant in writing of the ACMA’s decision under

subclause (2); and

(b) do so within 2 business days after the day on which the

decision is made.

55 Further information

(1) The ACMA may request the applicant to give the ACMA further

information about the application.

(2) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

55A Consultation

(1) Before making a decision on the application for a protection zone

installation permit, the ACMA must consult:

(a) the Secretary of the Attorney-General’s Department; and

(b) any other persons the ACMA considers relevant.

(2) Within 2 business days after the day on which the ACMA received

the application, the ACMA must give the Secretary of the

Attorney-General’s Department a copy of the application.

(3) Within 15 business days after the day on which the Secretary of the

Attorney-General’s Department received the copy of the

application, the Secretary of the Attorney-General’s Department

must:

(a) give a written notice to the ACMA stating that, while the

notice remains in force, the ACMA must not grant the

permit; or

(b) make a submission to the ACMA; or

of the Attorney-General’s Department does not require any

further consultation about the application.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 55A

164 Telecommunications Act 1997

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

Notice to the ACMA under paragraph (3)(a)

(4) The ACMA must not grant the permit while a notice is in force

under paragraph (3)(a).

(5) Unless sooner revoked, a notice under paragraph (3)(a) remains in

force during the period specified in the notice.

(6) The period specified under subclause (5) must not be longer than 3

months.

(7) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, extend, or further extend, the

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

further extension, does not result in the notice being in force for

longer than 12 months.

(8) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, revoke a notice under

paragraph (3)(a).

(9) Within 2 business days after the day on which the ACMA received

a notice under paragraph (3)(a) or subclause (7), the ACMA must

give the applicant a copy of the notice.

Submission to the ACMA

(10) If a notice under paragraph (3)(a) is in force, the Secretary of the

Attorney-General’s Department may make a submission to the

ACMA.

(11) A submission to the ACMA under paragraph (3)(b) or

subclause (10) may include:

(a) recommendations about the conditions that should be

specified in the permit under paragraph 58A(1)(d) or (e) of

this Schedule; or

(b) such other matters (if any) as the Secretary of the

Attorney-General’s Department considers relevant.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Protection zone installation permits Division 2

Clause 56

Telecommunications Act 1997 165

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

Notice to the ACMA under paragraph (3)(c)

(12) A notice under paragraph (3)(c) cannot be revoked.

56 Grant or refusal of permit

Grant

(1) After considering the application, the ACMA may:

(a) if the application is covered by paragraph 51(1)(a) of this

Schedule—grant the applicant a protection zone installation

permit authorising the installation, in the protection zone, of

the submarine cable or cables specified in the application; or

(b) if the application is covered by paragraph 51(1)(b) of this

Schedule—grant the applicant a protection zone installation

permit authorising the installation, in both:

(i) the protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory;

of the international submarine cable specified in the

application; or

Schedule—grant the applicant a protection zone installation

permit authorising the installation, in both:

(i) the protection zone; and

(ii) Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory;

of each of the international submarine cables specified in the

application.

Refusal

(3) After considering the application, the ACMA may refuse to grant a

protection zone installation permit.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 57

166 Telecommunications Act 1997

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

(4) If the ACMA refuses to grant the permit, it must notify the

applicant in writing of the ACMA’s decision and the reasons for

the decision.

57 Matters to which the ACMA must have regard in making a

decision about a permit

In deciding whether to grant a protection zone installation permit,

the ACMA must have regard to:

(a) if the Secretary of the Attorney-General’s Department makes

a submission to the ACMA under clause 55A—that

submission; and

(b) any other matters that the ACMA considers relevant.

57A Refusal of permit—security

(1) If the Attorney-General, after consulting the Prime Minister and

the Minister administering this Act, considers that the grant of a

protection zone installation permit to a particular carrier would be

prejudicial to security, the Attorney-General may give a written

direction to the ACMA not to grant a protection zone installation

permit to the carrier.

(2) The ACMA must comply with a direction under subclause (1).

(3) While a direction is in force under this clause:

(a) the ACMA cannot reconsider a non-compulsory refusal to

grant a protection zone installation permit to the carrier; and

(b) the Administrative Appeals Tribunal cannot consider an

application for review of a non-compulsory refusal to grant a

protection zone installation permit to the carrier.

(4) If an application for a protection zone installation permit is pending

at the time when the Attorney-General gives a direction to the

ACMA under this clause, then the application lapses.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Protection zone installation permits Division 2

Clause 58

Telecommunications Act 1997 167

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) In this clause:

non-compulsory refusal means a refusal to grant a protection zone

installation permit, other than a refusal that is required by this

clause.

58 Timing of decision on application

Further information requested

(1) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the ACMA requests the applicant to give the ACMA further

information under subclause 55(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

35 business days)—that number of business days;

after the day on which the applicant gave the ACMA the

information.

No further information requested

(2) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the ACMA does not request the applicant to give the ACMA

further information under subclause 55(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

35 business days)—that number of business days;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 58

168 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

after the day on which the application was made.

Extension for change in circumstances relating to application

(3) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 54A(1); and

should not be treated as a material change in circumstances

for the purposes of this clause;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by 5 business days.

(4) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 54A(1); and

should be treated as a material change in circumstances for

the purposes of this clause;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by:

(d) 25 business days; or

(e) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

35 business days)—that number of business days.

Extension where notice given by Secretary of the

Attorney-General’s Department in force

(5) If:

(a) a carrier applies for a protection zone installation permit; and

(b) the Secretary of the Attorney-General’s Department gives a

notice to the ACMA under paragraph 55A(3)(a) of this

Schedule in relation to the application;

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Protection zone installation permits Division 2

Clause 58A

Telecommunications Act 1997 169

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the number of business days referred to in subclause (1) or (2) of

this clause is extended by one business day for each business day

in the period during which the notice remains in force.

58A Conditions of permit

(1) A protection zone installation permit held by a carrier is subject to

the following conditions:

(a) a condition that so much of the relevant cable or cables as is

installed in a protection zone must be installed within:

(i) 75 metres of the route or routes specified by the ACMA

in the permit; or

(ii) if the ACMA specifies another distance in the permit—

that distance of the route or routes specified by the

ACMA in the permit;

(b) if the permit is covered by paragraph 56(1)(b) or (c) of this

Schedule—a condition that so much of the relevant cable or

cables as is installed in Australian waters that:

(i) are not in a protection zone; and

(ii) are not coastal waters of a State or the Northern

Territory;

must be installed within:

(iii) 926 metres of the route or routes specified by the

ACMA in the permit; or

(iv) if the ACMA specifies another distance in the permit—

that distance of the route or routes specified by the

ACMA in the permit;

carrier, must not install the relevant cable or cables unless all

Commonwealth regulatory approvals have been obtained for

the installation;

(d) such conditions (if any) in relation to security as the ACMA

specifies in the permit;

(e) such conditions (if any) in relation to the installation of the

relevant cable or cables as the ACMA specifies in the permit.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 59

170 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Variation of conditions

(2) The ACMA may, by written notice given to the holder of a

protection zone installation permit:

(a) vary a condition covered by paragraph (1)(a) or (b) by:

(i) specifying a distance; or

(ii) varying a distance; or

(b) vary a condition covered by paragraph (1)(d) or (e).

59 Duration of permit

A protection zone installation permit is in force for a period of 18

months from the day the permit is granted.

60 Surrender of permit

The holder of a protection zone installation permit may, at any

time, surrender the permit by written notice given to the ACMA.

61 Extension of permit

Before a protection zone installation permit expires, the holder of

the permit may apply to the ACMA to extend the duration of the

permit for a further 180 days.

(2) The holder must give the ACMA reasons for requesting to extend

the duration of the permit.

(3) If the ACMA refuses the application, the ACMA must give the

holder written notice of the ACMA’s decision and the reasons for

the decision.

62 Suspension or cancellation of permit

(1) The ACMA may suspend or cancel a protection zone installation

permit by written notice to the holder of the permit, if the ACMA

is satisfied that:

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Protection zone installation permits Division 2

Clause 63

Telecommunications Act 1997 171

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the holder has breached a condition to which the permit is

subject; or

(b) the holder has not complied with a condition of the Code of

Practice in force under clause 15 of Schedule 3 that applies to

the installation of submarine cables.

(2) Before a permit is suspended or cancelled under subclause (1):

(a) the ACMA must give the holder 30 days’ written notice of

the ACMA’s intention to suspend or cancel the permit and

the ground or grounds on which the ACMA intends to do so;

and

(b) the ACMA must give the holder an opportunity to submit to

the ACMA any matters that the holder wishes the ACMA to

take into account in deciding whether to suspend or cancel

the permit; and

the holder under paragraph (b) and any action taken by the

holder to address the ACMA’s concerns or to prevent the

recurrence of similar circumstances.

63 Exemption from State and Territory laws

(1) This clause applies to the installation of a submarine cable in

accordance with a protection zone installation permit.

(2) A carrier may install, or cause to be installed, a cable despite a law

of a State or Territory about:

(a) the assessment of the environmental effects of engaging in

the activity; or

(b) the protection of places or items of significance to Australia’s

natural or cultural heritage; or

(d) the supply of fuel or power, including the supply and

distribution of extra-low voltage power systems; or

(e) a matter specified in the regulations.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 2 Protection zone installation permits

Clause 63

172 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Paragraph (2)(b) does not apply to a law in so far as the law

provides for the protection of places or items of significance to the

cultural heritage of Aboriginal persons or Torres Strait Islanders.

(4) Paragraph 2(d) does not apply to a law in so far as the law deals

with the supply of electricity at a voltage that exceeds that used for

ordinary commercial or domestic requirements.

(5) If subclause (2) entitles a person to engage in activities despite

particular laws of a State or Territory, nothing in this clause affects

the operation of any other law of a State or Territory, so far as that

other law is capable of operating concurrently.

(6) This clause does not affect the liability of a carrier to taxation

under a law of a State or Territory.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 64

Telecommunications Act 1997 173

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Non-protection zone installation permits

64 Application for a permit to install an international submarine

cable in Australian waters (otherwise than in a protection

zone or coastal waters)

A carrier may apply to the ACMA for a permit to install one or

more international submarine cables in Australian waters that are

not in a protection zone and that are not coastal waters of a State or

the Northern Territory (a non-protection zone installation permit).

65 Form of application etc.

(1) An application must be:

(a) in writing; and

(b) in the form approved in writing by the ACMA.

(2) The approved form must require the application to set out:

(a) the proposed route or routes, in Australian waters, of the

submarine cable or cables specified in the application; and

(b) information about the ownership and control of the

submarine cable or cables specified in the application; and

(3) For the purposes of subclause (2), control includes control as a

result of, or by means of, trusts, agreements, arrangements,

understandings and practices:

(a) whether or not having legal or equitable force; and

(b) whether or not based on legal or equitable rights; and

one or more interposed companies, partnerships or trusts.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 66

174 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

66 Application to be accompanied by charge

An application must be accompanied by the charge (if any)

imposed on the application by a determination under section 60 of

the Australian Communications and Media Authority Act 2005.

67 Withdrawal of application

This Division does not prevent the withdrawal of an application

and the submission of a fresh application.

67A Notification of change of circumstances

(1) If:

(a) an application is pending; and

(b) the applicant becomes aware of a change of circumstances

relating to information set out in the application;

the applicant must:

(d) do so as soon as practicable.

(2) After considering the notification, the ACMA must decide whether

or not the change should be treated as a material change in

circumstances for the purposes of clause 73.

Note: Clause 73 deals with the timing of the ACMA’s decision on the

application.

(3) The ACMA must:

(a) notify the applicant in writing of the ACMA’s decision under

subclause (2); and

(b) do so within 2 business days after the day on which the

decision is made.

68 Further information

(1) The ACMA may request the applicant to give the ACMA, within

the period specified in the request, further information about the

application.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 69

Telecommunications Act 1997 175

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

69 Grant or refusal of permit

Grant

(1) After considering the application, the ACMA may grant the

applicant a non-protection zone installation permit authorising the

installation, in Australian waters that are not in a protection zone

and that are not coastal waters of a State or the Northern Territory,

of the submarine cable or cables specified in the application.

Refusal

(3) After considering the application, the ACMA may refuse to grant a

non-protection zone installation permit.

(4) If the ACMA refuses to grant the permit, it must notify the

applicant in writing of the ACMA’s decision and the reasons for

the decision.

70 Consultation

(1) Before making a decision on the application for a non-protection

zone installation permit, the ACMA must consult:

(a) the Secretary of the Attorney-General’s Department; and

(b) any other persons the ACMA considers relevant.

(2) Within 2 business days after the day on which the ACMA received

the application, the ACMA must give the Secretary of the

Attorney-General’s Department a copy of the application.

(3) Within 15 business days after the day on which the Secretary of the

Attorney-General’s Department received the copy of the

application, the Secretary of the Attorney-General’s Department

must:

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 70

176 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) give a written notice to the ACMA stating that, while the

notice remains in force, the ACMA must not grant the

permit; or

(b) make a submission to the ACMA; or

of the Attorney-General’s Department does not require any

further consultation about the application.

Notice to the ACMA under paragraph (3)(a)

(4) The ACMA must not grant the permit while a notice is in force

under paragraph (3)(a).

(5) Unless sooner revoked, a notice under paragraph (3)(a) remains in

force during the period specified in the notice.

(6) The period specified under subclause (5) must not be longer than 3

months.

(7) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, extend, or further extend, the

period referred to in subclause (5), so long as the extension, or

further extension, does not result in the notice being in force for

longer than 12 months.

(8) The Secretary of the Attorney-General’s Department may, by

written notice given to the ACMA, revoke a notice under

paragraph (3)(a).

(9) Within 2 business days after the day on which the ACMA received

a notice under paragraph (3)(a) or subclause (7), the ACMA must

give the applicant a copy of the notice.

Submission to the ACMA

(10) If a notice under paragraph (3)(a) is in force, the Secretary of the

Attorney-General’s Department may make a submission to the

ACMA.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 71

Telecommunications Act 1997 177

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(11) A written submission to the ACMA under paragraph (3)(b) or

subclause (10) may include:

(a) recommendations about the conditions that should be

specified in the permit under paragraph 73A(1)(c) or (d) of

this Schedule; or

(b) such other matters (if any) as the Secretary of the

Attorney-General’s Department considers relevant.

Notice to the ACMA under paragraph (3)(c)

(12) A notice under paragraph (3)(c) cannot be revoked.

71 Matters to which the ACMA must have regard in making a

decision about a permit

In deciding whether to grant a non-protection zone installation

permit, the ACMA must have regard to:

(a) the objective of facilitating the supply of efficient, modern

and cost-effective carriage services to the public; and

(aa) if the Secretary of the Attorney-General’s Department makes

a submission to the ACMA under clause 70—that

submission; and

installation; and

(d) whether the installation involves co-location of the

submarine cable or cables to which the application relates

with one or more other submarine cables; and

(e) any other matters that the ACMA considers relevant.

72A Refusal of permit—security

(1) If the Attorney-General, after consulting the Prime Minister and

the Minister administering this Act, considers that the grant of a

non-protection zone installation permit to a particular carrier would

be prejudicial to security, the Attorney-General may give a written

direction to the ACMA not to grant a non-protection zone

installation permit to the carrier.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 73

178 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA must comply with a direction under subclause (1).

(3) While a direction is in force under this clause:

(a) the ACMA cannot reconsider a non-compulsory refusal to

grant a non-protection zone installation permit to the carrier;

and

(b) the Administrative Appeals Tribunal cannot consider an

application for review of a non-compulsory refusal to grant a

non-protection zone installation permit to the carrier.

(4) If an application for a non-protection zone installation permit is

pending at the time when the Attorney-General gives a direction to

the ACMA under this clause, then the application lapses.

(5) In this clause:

non-compulsory refusal means a refusal to grant a non-protection

zone installation permit, other than a refusal that is required by this

clause.

73 Timing of decision on application

Further information requested

(1) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the ACMA requests the applicant to give the ACMA further

information under subclause 68(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

90 business days)—that number of business days;

after the day on which the applicant gave the ACMA the

information.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 73

Telecommunications Act 1997 179

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

No further information requested

(2) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the ACMA does not request the applicant to give the ACMA

further information under subclause 68(1) in relation to the

application;

the ACMA must take all reasonable steps to ensure that a decision

is made on the application within:

(d) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

90 business days)—that number of business days;

after the day on which the application was made.

Extension for change in circumstances relating to application

(3) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 67A(1); and

should not be treated as a material change in circumstances

for the purposes of this clause;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by 5 business days.

(4) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the carrier notifies the ACMA of a change in circumstances

under subclause 67A(1); and

should be treated as a material change in circumstances for

the purposes of this clause;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 73A

180 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the number of business days referred to in subclause (1) or (2) of

this clause is extended by:

(d) 60 business days; or

(e) if the ACMA, by written notice given to the applicant,

specifies a greater number of business days (not exceeding

90 business days)—that number of business days.

Extension where notice given by Secretary of the

Attorney-General’s Department in force

(5) If:

(a) a carrier applies for a non-protection zone installation permit;

and

(b) the Secretary of the Attorney-General’s Department gives a

notice to the ACMA under paragraph 70(3)(a) of this

Schedule in relation to the application;

the number of business days referred to in subclause (1) or (2) of

this clause is extended by one business day for each business day

in the period during which the notice remains in force.

73A Conditions of permit

(1) A non-protection zone installation permit held by a carrier is

subject to the following conditions:

(a) a condition that the relevant cable or cables must be installed

within:

(i) 926 metres of the route or routes specified by the

ACMA in the permit; or

(ii) if the ACMA specifies another distance in the permit—

that distance of the route or routes specified by the

ACMA in the permit;

(b) a condition that the carrier, or a person acting on behalf of the

carrier, must not install the relevant cable or cables unless all

Commonwealth regulatory approvals have been obtained for

the installation;

specifies in the permit;

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Non-protection zone installation permits Division 3

Clause 74

Telecommunications Act 1997 181

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) such conditions (if any) in relation to the installation of the

relevant cable or cables as the ACMA specifies in the permit.

Variation of conditions

(2) The ACMA may, by written notice given to the holder of a

non-protection zone installation permit:

(a) vary a condition covered by paragraph (1)(a) by:

(i) specifying a distance; or

(ii) varying a distance; or

(b) vary a condition covered by paragraph (1)(c) or (d).

74 Duration of permit

A non-protection zone installation permit is in force for a period of

18 months from the day the permit is granted.

75 Surrender of permit

The holder of a non-protection zone installation permit may, at any

time, surrender the permit by written notice given to the ACMA.

76 Extension of permit

(1) Before a non-protection zone installation permit expires, the holder

of the permit may apply to the ACMA to extend the duration of the

permit for a further 180 days.

(2) The holder must give the ACMA reasons for requesting to extend

the duration of the permit.

(3) If the ACMA refuses the application, the ACMA must give the

holder written notice of the ACMA’s decision and the reasons for

the decision.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 3 Non-protection zone installation permits

Clause 77

182 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

77 Suspension or cancellation of permit

(1) The ACMA may suspend or cancel a non-protection zone

installation permit by written notice to the holder of the permit, if

the ACMA is satisfied that:

(a) the holder has breached a condition to which the permit is

subject; or

(b) the holder has not complied with a condition of the Code of

Practice in force under clause 15 of Schedule 3 that applies to

the installation of submarine cables.

(2) Before a permit is suspended or cancelled under subclause (1):

(a) the ACMA must give the holder 30 days’ written notice of

the ACMA’s intention to suspend or cancel the permit and

the ground or grounds on which the ACMA intends to do so;

and

(b) the ACMA must give the holder an opportunity to submit to

the ACMA any matters that the holder wishes the ACMA to

take into account in deciding whether to suspend or cancel

the permit; and

the holder under paragraph (b) and any action taken by the

holder to address the ACMA’s concerns or to prevent the

recurrence of similar circumstances.

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Conditions applicable to the installation of submarine cables Division 4

Clause 78

Telecommunications Act 1997 183

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Conditions applicable to the installation of

submarine cables

78 Application of this Division

(1) This Division applies to the installation of an international

submarine cable:

(a) in a protection zone; or

(b) in Australian waters, other than coastal waters of a State or

Territory;

by or on behalf of a carrier.

Note: A Code of Practice made under subclause 15(1) of Schedule 3 may

impose conditions in addition to the conditions imposed in this

Division.

(2) This Division applies to the installation of a domestic submarine

cable in a protection zone by, or on behalf of, a carrier.

Note: A Code of Practice made under subclause 15(1) of Schedule 3 may

impose conditions in addition to the conditions imposed in this

Division.

79 Installation to do as little damage as practicable

The carrier must ensure that all reasonable steps are taken to ensure

that the installation causes as little detriment and inconvenience,

and as little damage, as is practicable.

80 Management of installation activities

The carrier must ensure that all reasonable steps are taken:

(a) to act in accordance with good engineering practice; and

(b) to protect the safety of persons and property; and

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 4 Conditions applicable to the installation of submarine cables

Clause 81

184 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

81 Compliance with industry standards

The carrier must ensure that the installation is done in accordance

with any standard that:

(a) relates to installation; and

(b) is recognised by the ACMA as a standard for use in the

telecommunications industry; and

carrier complies with the standard.

82 Compliance with international agreements

The carrier must ensure that the installation is done in a manner

that is consistent with Australia’s obligations under a listed

international agreement that is relevant to the installation.

83 Conditions specified in the regulations

The carrier must ensure that the installation complies with any

conditions that are specified in the regulations.

83A Attorney-General’s consent required for certain enforcement

proceedings

(1) An application for an injunction under section 564 must not be

made without the written consent of the Attorney-General if:

(a) the injunction is in relation to a contravention by a carrier of

the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to this Division; and

(b) the carrier is a foreign national; and

outside Australia; and

(d) the contravention did not involve an Australian ship.

(2) A proceeding for the recovery of a pecuniary penalty under

section 571 must not be instituted without the written consent of

the Attorney-General if:

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Conditions applicable to the installation of submarine cables Division 4

Clause 83A

Telecommunications Act 1997 185

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the proceeding is in respect of a contravention by a carrier of

the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to this Division; and

(b) the carrier is a foreign national; and

(d) the contravention did not involve an Australian ship.

(3) In deciding whether to consent under subclause (1) or (2), the

Attorney-General must have regard to the obligations of Australia

under international law, including obligations under any agreement

between:

(a) Australia; and

(b) another country or countries.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 5 Offences in relation to installation of submarine cables

Clause 84

186 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Offences in relation to installation of

submarine cables

84 Installing an international submarine cable without a permit

(1) A person commits an offence if:

(a) the person installs, or causes to be installed, an international

submarine cable; and

(b) the cable is installed:

(i) in Australian waters that are not in a protection zone and

that are not coastal waters of a State or the Northern

Territory; or

(ii) in a protection zone; and

the installation of the cable in the place in which it is

installed.

Penalty: 200 penalty units.

(2) Strict liability applies to paragraph (1)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subclause (1) does not apply to a person who installs an

international submarine cable on behalf of a carrier, if the carrier

has a permit authorising the installation of the cable.

Note: The defendant bears an evidential burden in relation to the matters in

subclause (3). See subsection 13.3(3) of the Criminal Code.

84A Installing a domestic submarine cable without a permit

(1) A person commits an offence if:

(a) the person installs, or causes to be installed, a domestic

submarine cable; and

(b) the cable is installed in a protection zone; and

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Offences in relation to installation of submarine cables Division 5

Clause 85

Telecommunications Act 1997 187

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the installation of the cable in the place in which it is

installed.

Penalty: 200 penalty units.

(2) Strict liability applies to paragraph (1)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subclause (1) does not apply to a person who installs a domestic

submarine cable on behalf of a carrier, if the carrier has a permit

authorising the installation of the cable.

Note: The defendant bears an evidential burden in relation to the matters in

subclause (3). See subsection 13.3(3) of the Criminal Code.

(4) Subclause (1) does not apply to a domestic submarine cable that a

person installed, or began to install, before the commencement of

this clause.

Note: The defendant bears an evidential burden in relation to the matters in

subclause (4). See subsection 13.3(3) of the Criminal Code.

85 Breaching conditions of a permit

(1) A carrier commits an offence if:

(a) the carrier holds a permit under this Part authorising the

installation of a submarine cable; and

(b) the carrier, or a person acting on behalf of the carrier,

engages in conduct; and

Penalty: 100 penalty units.

(2) A proceeding for an offence committed by a person against

subclause (1) must not be commenced without the written consent

of the Attorney-General if:

(a) the person is a foreign national; and

(b) the offence involved an act or omission outside Australia;

and

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 3 Permits to install submarine cables

Division 5 Offences in relation to installation of submarine cables

Clause 86

188 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In deciding whether to consent under subclause (2), the

Attorney-General must have regard to the obligations of Australia

under international law, including obligations under any agreement

between:

(a) Australia; and

(b) another country or countries.

86 Failing to comply with ACMA direction to remove an unlawfully

installed international submarine cable

(1) The ACMA may direct a carrier to remove an international

submarine cable if:

(a) the carrier installed the submarine cable, or caused it to be

installed, in a protection zone or in Australian waters without

a permit under this Part authorising the installation; or

(b) the carrier is installing the submarine cable, or causing it be

installed, in a protection zone or in Australian waters without

a permit under this Part authorising the installation.

(2) A carrier who does not comply with a direction under subclause (1)

commits an offence.

Penalty: 200 penalty units.

(3) The ACMA must not give a direction to a carrier under

subclause (1) in relation to an international submarine cable that

the carrier installed, or began to install, before the commencement

of this Schedule.

86A Failing to comply with ACMA direction to remove an

unlawfully installed domestic submarine cable

(1) The ACMA may direct a carrier to remove a domestic submarine

cable if:

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Permits to install submarine cables Part 3

Offences in relation to installation of submarine cables Division 5

Clause 86A

Telecommunications Act 1997 189

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the carrier installed the submarine cable, or caused it to be

installed, in a protection zone without a permit under this

Part authorising the installation; or

(b) the carrier is installing the submarine cable, or causing it to

be installed, in a protection zone without a permit under this

Part authorising the installation.

(2) A carrier who does not comply with a direction under subclause (1)

commits an offence.

Penalty: 200 penalty units.

(3) The ACMA must not give a direction to a carrier under

subclause (1) in relation to a domestic submarine cable that the

carrier installed, or began to install, before the commencement of

this clause.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 4 Compensation

Clause 87

190 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 4—Compensation

87 Compensation

(1) If a person suffers financial loss or damage because of anything

done by a carrier under this Schedule in relation to:

(a) any property owned by the person; or

(b) any property in which the person has an interest;

there is payable to the person by the carrier such reasonable

amount of compensation;

(d) failing agreement—as is determined by a court of competent

jurisdiction.

(2) Compensation payable under subclause (1) includes, without

limitation, compensation in relation to:

(a) damage of a temporary character as well as of a permanent

character; and

(b) the taking of sand, soil, water and other things.

(3) In this clause:

court of competent jurisdiction, in relation to property, includes

the Federal Court.

88 Compensation for acquisition of property

(1) If:

(a) either of the following would result in an acquisition of

property from a person:

(i) anything done by a carrier under, or because of, this

Schedule;

(ii) the existence of rights conferred on a carrier under, or

because of, this Schedule in relation to a submarine

cable; and

Authorised Version C2017C00179 registered 30/06/2017

Protection of submarine cables Schedule 3A

Compensation Part 4

Clause 88

Telecommunications Act 1997 191

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the acquisition of property would not be valid, apart from this

section, because a particular person had not been

compensated;

the carrier must pay that person:

person and the carrier; or

(d) failing agreement—a reasonable amount of compensation

determined by a court of competent jurisdiction.

(2) In assessing compensation payable under this clause arising out of

an event, the following must be taken into account:

(a) any compensation obtained by the person as a result of an

agreement between the person and the carrier otherwise than

under this clause but arising out of the same event;

(b) any damages or compensation recovered by the person from

the carrier, or other remedy given, in a proceeding begun

otherwise than under this clause but arising out of the same

event.

(3) This clause does not limit the operation of clause 87.

(4) In this clause:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

Authorised Version C2017C00179 registered 30/06/2017

Schedule 3A Protection of submarine cables

Part 5 Miscellaneous

Clause 89

192 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 5—Miscellaneous

89 Delegation by the Secretary of the Attorney-General’s

Department

(1) The Secretary of the Attorney-General’s Department may, by

writing, delegate any or all of his or her powers under this

Schedule to an SES employee, or acting SES employee, in the

Attorney-General’s Department.

(2) A delegate must comply with any directions of the Secretary of the

Attorney-General’s Department.

Authorised Version C2017C00179 registered 30/06/2017

Reviewable decisions of the ACMA Schedule 4

Decisions that may be subject to reconsideration by the ACMA Part 1

Clause 1

Telecommunications Act 1997 193

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Schedule 4—Reviewable decisions of the

ACMA Note: See sections 555 and 556.

Part 1—Decisions that may be subject to

reconsideration by the ACMA

1 Reviewable decisions of the ACMA

The following kinds of decisions are specified for the purposes of

section 555:

(a) a decision under section 56, 58 or 59 to refuse to grant a

carrier licence (other than a decision made in compliance

with section 56A or 58A);

(b) a decision under section 69 to:

(i) give or vary a direction; or

(ii) refuse to revoke a direction;

(d) a decision of a kind referred to in subsection 73(6) (which

deals with remission of late payment penalty);

(e) a decision under section 81 to refuse to make a nominated

carrier declaration;

(f) a decision under section 83 to revoke a nominated carrier

declaration;

(g) a decision of a kind referred to in subsection 99(5) (which

deals with decisions under service provider determinations);

(h) a decision under section 102 to:

(i) give or vary a direction; or

(ii) refuse to revoke a direction;

(i) a decision under section 117 to refuse to register a code;

(j) a decision under section 121 to:

(i) give or vary a direction; or

(ii) refuse to revoke a direction;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 4 Reviewable decisions of the ACMA

Part 1 Decisions that may be subject to reconsideration by the ACMA

Clause 1

194 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(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);

Authorised Version C2017C00179 registered 30/06/2017

Reviewable decisions of the ACMA Schedule 4

Decisions that may be subject to reconsideration by the ACMA Part 1

Clause 1

Telecommunications Act 1997 195

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(x) a decision under subsection 468(10) (which deals with the

withdrawal of numbers);

(xa) a decision under clause 5 of Schedule 1 to refuse to issue an

exemption certificate;

(xb) a decision under clause 5 of Schedule 1 to cancel an

exemption certificate;

(y) a decision under clause 34 of Schedule 3 to cancel a facility

installation permit;

(za) a decision under clause 56 of Schedule 3A to refuse to grant

a protection zone installation permit, where none of the

reasons for the decision relate to security (within the meaning

of that Schedule);

(zaa) a decision under clause 58A of Schedule 3A to:

(i) specify a condition in a protection zone installation

permit (other than a condition specified under

paragraph 58A(1)(d) of Schedule 3A); or

(ii) vary a condition of a protection zone installation permit

(other than a condition specified under

paragraph 58A(1)(d) of Schedule 3A);

(zb) a decision under clause 61 of Schedule 3A to refuse to extend

the duration of a protection zone installation permit;

(zc) a decision under clause 62 of Schedule 3A to suspend or

cancel a protection zone installation permit;

(zd) a decision under clause 69 of Schedule 3A to refuse to grant

a non-protection zone installation permit, where none of the

reasons for the decision relate to security (within the meaning

of that Schedule);

(zda) a decision under clause 73A of Schedule 3A to:

(i) specify a condition in a non-protection zone installation

permit (other than a condition specified under

paragraph 73A(1)(c) of Schedule 3A); or

(ii) vary a condition of a non-protection zone installation

permit (other than a condition specified under

paragraph 73A(1)(c) of Schedule 3A);

(ze) a decision under clause 76 of Schedule 3A to refuse to extend

the duration of a non-protection zone installation permit;

Authorised Version C2017C00179 registered 30/06/2017

Schedule 4 Reviewable decisions of the ACMA

Part 1 Decisions that may be subject to reconsideration by the ACMA

Clause 1

196 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(zf) a decision under clause 77 of Schedule 3A to suspend or

cancel a non-protection zone installation permit.

Authorised Version C2017C00179 registered 30/06/2017

Reviewable decisions of the ACMA Schedule 4

Decisions to which section 556 does not apply Part 2

Clause 2

Telecommunications Act 1997 197

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 2—Decisions to which section 556 does not

apply

2 Decisions to which section 556 does not apply

The following kinds of decisions are specified for the purposes of

subsection 556(1):

(a) a decision under section 56 or 58 to refuse to grant a carrier

licence;

(b) a decision under section 427 to refuse to grant a cabling

licence;

a condition of a cabling licence, being a decision on an

application made under paragraph 433(1)(b).

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 1—About the endnotes

198 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 1—About the endnotes

Telecommunications Act 1997 199

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 2—Abbreviation key

200 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 201

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications Act

1997

47, 1997 22 Apr

1997

ss. 41–51, 56–85, 98–

495, 507–576, 579–588,

590–593 and

Schedules 1–4: 1 July

1997

ss. 52–55: 5 June 1997

Remainder: Royal

Assent

Telecommunications

(Transitional Provisions

and Consequential

Amendments) Act 1997

59, 1997 3 May 1997 Schedule 4 (items 1, 2):

1 Jan 1998 (see Gazette

1997, No. GN49) (a)

—

Australian National

Railways Commission

Sale Act 1997

96, 1997 30 June

1997

Schedule 4 (items 18–

20): 1 Nov 2000 (see

Gazette 2000, No. S562)

(b)

—

Telecommunications

Legislation Amendment

Act 1997

200, 1997 16 Dec

1997

Schedule 1 and

Schedule 2 (items 1–27):

Royal Assent (c)

Sch. 1 (item 11)

and Sch. 2

(item 9)

as amended by

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Schedule 2 (item 31): 16

Dec 1997 (s 2(1)

item 60)

—

Telecommunications

Amendment Act 1998

4, 1998 26 Mar

1998

Schedule 1 (item 4): 23

Apr 1998

Remainder: Royal

Assent

ss. 4 and 5

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

202 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Social Security

Legislation Amendment

(Youth Allowance

Consequential and

Related Measures) Act

1998

45, 1998 17 June

1998

Schedule 13 (item 49):

1 July 1998 (d)

—

Financial Sector Reform

(Consequential

Amendments) Act 1998

48, 1998 29 June

1998

Schedule 1 (item 193):

1 July 1998 (see Gazette

1998, No. S316) (e)

—

Telecommunications

Amendment Act (No. 2)

1998

119, 1998 11 Dec

1998

11 Dec 1998 —

Telecommunications

Laws Amendment

(Universal Service Cap)

Act 1999

42, 1999 11 June

1999

Schedule 1: Royal

Assent (f)

Sch. 1 (item 5)

Telecommunications

Legislation Amendment

Act 1999

52, 1999 5 July 1999 Schedule 1 (items 1–5):

Royal Assent (g)

Schedule 2: 2 Aug 1999

(g)

Schedule 3 (items 9–64):

2 Aug 1999 (g)

Schedule 4 (items 1–16,

21–29): 1 July 1999 (g)

Sch. 3 (items 77–

82) and Sch. 4

(items 21–29)

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 203

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Environmental Reform

(Consequential

Provisions) Act 1999

92, 1999 16 July

1999

Schedule 2 (items 14–

21), Schedule 3

(items 56, 57),

Schedule 4 (items 74,

75), Schedule 6

(items 5–8) and

Schedule 7 (items 21–

31): 16 July 2000 (h)

Sch. 2 (items 19,

21), Sch. 6

(items 6, 8) and

Sch. 7 (items 25,

28, 31)

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov

1999

Schedule 1 (items 916,

917): 5 Dec 1999 (see

Gazette 1999, No. S584)

(i)

—

Australian Security

Intelligence Organisation

Legislation Amendment

Act 1999

161, 1999 10 Dec

1999

Schedule 3 (items 58–

61): (j)

—

Broadcasting Services

Amendment Act (No. 1)

1999

197, 1999 23 Dec

1999

Schedule 3 (items 12,

13): Royal Assent (k)

—

Telecommunications

(Consumer Protection

and Service Standards)

Amendment Act (No. 2)

2000

142, 2000 29 Nov

2000

Schedule 3 (items 1–5):

1 July 2000 (l)

Schedule 4: Royal

Assent (l)

Sch. 4

Telecommunications

Legislation Amendment

Act 2000

152, 2000 21 Dec

2000

21 Dec 2000 —

Privacy Amendment

(Private Sector) Act

2000

155, 2000 21 Dec

2000

Schedule 3: Royal

Assent

Remainder: 21 Dec 2001

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

204 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Communications and the

Arts Legislation

Amendment

(Application of Criminal

Code) Act 2001

5, 2001 20 Mar

2001

s. 4 and Schedule 1

(items 101–162): (m)

s. 4

Communications and the

Arts Legislation

Amendment Act 2001

46, 2001 5 June 2001 5 June 2001 s. 5

Corporations (Repeals,

Consequentials and

Transitionals) Act 2001

55, 2001 28 June

2001

ss. 4–14 and Schedule 3

(items 511, 512): 15 July

2001 (see Gazette 2001,

No. S285) (n)

ss. 4–14

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Schedule 1 (item 33):

1 July 1999

—

Australian Crime

Commission

Establishment Act 2002

125, 2002 10 Dec

2002

Schedule 2 (items 188,

189): 1 Jan 2003

—

Telecommunications

Competition Act 2002

140, 2002 19 Dec

2002

19 Dec 2002 Sch. 1 (items 6,

15C, 15D, 24)

Australian Heritage

Council (Consequential

and Transitional

Provisions) Act 2003

86, 2003 23 Sept

2003

Schedules 1 and 2: 1 Jan

2004 (see s. 2(1) and

Gazette 2003, No.

GN47)

Remainder: Royal

Assent

—

Communications

Legislation Amendment

Act (No. 3) 2003

108, 2003 24 Oct

2003

Schedule 1 (items 25–

48): 21 Nov 2003

Sch. 1 (item 48)

Communications

Legislation Amendment

Act (No. 1) 2003

114, 2003 27 Nov

2003

Schedule 2: 27 Mar 2003

Remainder: 28 Nov 2003

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 205

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Spam (Consequential

Amendments) Act 2003

130, 2003 12 Dec

2003

Schedule 1 (items 42–

87): 10 Apr 2004 (see s.

2(1))

Remainder: Royal

Assent

Sch. 1 (items 40,

41)

Designs (Consequential

Amendments) Act 2003

148, 2003 17 Dec

2003

Sch 1 and 2: 17 June

2004 (s 2(1) item 2)

Remainder: 17 Dec 2003

—

Communications

Legislation Amendment

Act (No. 1) 2004

35, 2004 20 Apr

2004

21 Apr 2004 —

US Free Trade

Agreement

Implementation Act

2004

120, 2004 16 Aug

2004

Schedule 9 (item 192): 1

Jan 2005

—

Financial Framework

Legislation Amendment

Act 2005

8, 2005 22 Feb

2005

s. 4 and Schedule 1

(items 427, 428): Royal

Assent

s. 4

Australian

Communications and

Media Authority

(Consequential and

Transitional Provisions)

Act 2005

45, 2005 1 Apr 2005 Schedule 1 (items 127–

160) and Schedule 4:

1 July 2005 (o)

Schedule 2: (o)

Sch. 4

Telecommunications and

Other Legislation

Amendment (Protection

of Submarine Cables and

Other Measures) Act

2005

104, 2005 23 Aug

2005

Schedule 1 (items 1–7):

20 Sept 2005

Schedule 1 (items 8–

105): (p)

Schedule 2: 24 Aug 2005

Remainder: Royal

Assent

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

206 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications

Legislation Amendment

(Future Proofing and

Other Measures) Act

2005

117, 2005 23 Sept

2005

Schedule 3: 23 Mar 2006 —

Telecommunications

Legislation Amendment

(Competition and

Consumer Issues) Act

2005

119, 2005 23 Sept

2005

Schedules 1, 3, 8, 10 and

13: 24 Sept 2005

Schedule 2: 21 Oct 2005

Schedule 11 (items 1–7):

1 Jan 2006 (see

F2005L04117)

Sch. 1 (item 2),

Sch. 2 (item 3)

and Sch. 3

(item 4)

Offshore Petroleum

(Repeals and

Consequential

Amendments) Act 2006

17, 2006 29 Mar

2006

Schedule 2 (items 108–

111): 1 July 2008 (see s.

2(1) and F2008L02273)

—

Telecommunications

(Interception)

Amendment Act 2006

40, 2006 3 May 2006 Schedule 1 (items 24A–

24G): 13 June 2006 (see

F2006L01623)

—

Law Enforcement

Integrity Commissioner

(Consequential

Amendments) Act 2006

86, 2006 30 June

2006

Schedule 1 (items 73–

75): 30 Dec 2006

—

Do Not Call Register

(Consequential

Amendments) Act 2006

89, 2006 30 June

2006

Schedule 1 (items 42–

73): 31 May 2007 (see s.

2(1) and F2007L01114)

Remainder: Royal

Assent

—

Telecommunications

Amendment (Integrated

Public Number

Database) Act 2006

155, 2006 8 Dec 2006 Schedule 1: 15 May

2007 (see F2007L01311)

Remainder: Royal

Assent

Sch. 1 (item 12)

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 207

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Communications

Legislation Amendment

(Content Services) Act

2007

124, 2007 20 July

2007

Schedule 1 (items 96–

99): 20 Jan 2008

Schedule 2 (item 2):

20 July 2008

—

Telecommunications

(Interception and

Access) Amendment Act

2007

177, 2007 28 Sept

2007

Schedule 1 (items 16–54,

57–68): 1 Nov 2007 (see

F2007L03941)

Sch. 1 (items 57–

68)

Telecommunications

Legislation Amendment

(National Broadband

Network) Act 2008

22, 2008 26 May

2008

27 May 2008 —

Offshore Petroleum

Amendment

(Greenhouse Gas

Storage) Act 2008

117, 2008 21 Nov

2008

Schedule 3 (item 59): 22

Nov 2008

—

Telecommunications

Amendment (Integrated

Public Number

Database) Act 2009

16, 2009 26 Mar

2009

27 Mar 2009 —

Statute Stocktake

(Regulatory and Other

Laws) Act 2009

111, 2009 16 Nov

2009

Schedule 1 (items 51–

54): 17 Nov 2009

—

Statute Law Revision

Act 2010

8, 2010 1 Mar 2010 Schedule 5 (items 112–

122): Royal Assent

Schedule 5 (item 137(a),

(c)): (q)

—

Do Not Call Register

Legislation Amendment

Act 2010

46, 2010 18 May

2010

Schedule 1 (items 95–

140): 30 May 2010 (see

F2010L01325)

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

208 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Freedom of Information

Amendment (Reform)

Act 2010

51, 2010 31 May

2010

Sch 5 (items 59–75) and

Sch 7: 1 Nov 2010

(s 2(1) item 7)

Sch 7

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July

2010

Schedule 6 (items 1,

105–138): 1 Jan 2011

—

Telecommunications

Legislation Amendment

(Competition and

Consumer Safeguards)

Act 2010

140, 2010 15 Dec

2010

Sch 1 (items 1A, 241–

244, 251–253): 16 Dec

2010 (s 2(1) items 1A, 8,

11, 12)

Sch 1 (items 6–31, 70–

113, 199–201, 246–250):

1 Jan 2011 (s 2(1)

items 2, 5, 10)

Sch 1 (items 41–56):

awaiting commencement

(s 2(1) item 3)

Sch 1 (items 60–64,

64A, 64B, 65): 6 Mar

2012 (s 2(1) item 4)

Sch 1 (item 245): 15 Mar

2011 (s 2(1) item 9)

Sch 1 (items 199–

201, 244, 250)

Statute Law Revision

Act 2011

5, 2011 22 Mar

2011

Schedule 5 (items 211,

212), Schedule 6

(items 107–115, 137)

and Schedule 7

(items 131–134): 19 Apr

2011

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 209

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications

Legislation Amendment

(National Broadband

Network Measures—

Access Arrangements)

Act 2011

23, 2011 12 Apr

2011

Sch 1 (items 1–24, 84):

13 Apr 2011 (s 2(1)

items 2, 3)

Sch 1 (items 85–88):

12 Apr 2012 (s 2(1)

item 4)

—

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Schedule 2 (items 1114–

1136) and Schedule 3

(items 10, 11): 27 Dec

2011

Sch 3 (items 10,

11)

Telecommunications

Legislation Amendment

(Fibre Deployment) Act

2011

107, 2011 26 Sept

2011

Sch 1 (items 1–15):

27 Sept 2011

Sch 1 (item 16): 27 Sept

2011 (s 2(1) items 2, 3)

Remainder: 26 Sept

2011 (s 2(1) item 1)

—

Telecommunications

Legislation Amendment

(Universal Service

Reform) Act 2012

44, 2012 16 Apr

2012

Sch 1 (items 7–55):

1 July 2012 (s 2(1)

item 2)

—

Cybercrime Legislation

Amendment Act 2012

120, 2012 12 Sept

2012

Sch 1 (item 1) and Sch 2

(items 28–31, 51(1), 52,

54–56): 10 Oct 2012 (s

2(1) item 2)

Sch 2

(items 51(1), 52,

56)

Statute Law Revision

Act 2012

136, 2012 22 Sept

2012

Sch 1 (item 121): 22

Sept 2012 (s 2(1) item 2)

—

Australian Charities and

Not-for-profits

Commission

(Consequential and

Transitional) Act 2012

169, 2012 3 Dec 2012 Sch 2 (items 211–214):

3 Dec 2012 (s 2(1)

item 7)

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

210 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Privacy Amendment

(Enhancing Privacy

Protection) Act 2012

197, 2012 12 Dec

2012

Sch 5 (items 84–96,

136–145) and Sch 6

(items 15–19): 12 Mar

2014 (s 2(1) items 3, 19)

Sch 6 (item 1): 12 Dec

2012 (s 2(1) item 16)

Sch 6 (items 1,

15–19)

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 3 (items 198–282,

343) and Sch 4

(items 44–47): 29 June

2013 (s 2(1) item 16

Sch 3 (item 343)

Telecommunications

Legislation Amendment

(Consumer Protection)

Act 2014

3, 2014 28 Feb

2014

Sch 1 (items 8–30):

1 Mar 2014 (s 2(1)

item 2)

Sch 1 (item 33): 12 Mar

2014 (s 2(1) item 4)

—

Statute Law Revision

Act (No. 1) 2014

31, 2014 27 May

2014

Sch 1 (item 70), Sch 4

(item 55) and Sch 8

(item 42): 24 June 2014

(s 2(1) items 2, 9)

—

Telecommunications

Legislation Amendment

(Submarine Cable

Protection) Act 2014

33, 2014 27 May

2014

Sch 1 (items 4–101):

28 May 2014 (s 2(1)

item 2)

Sch 1 (items 89–

101)

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 211

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 12 (items 189, 190)

and Sch 14: 1 July 2014

(s 2(1) items 6, 14)

Sch 14

as amended by

Public Governance

and Resources

Legislation

Amendment Act

(No. 1) 2015

36, 2015 13 Apr

2015

Sch 2 (items 7–9) and

Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and

Instruments

(Framework

Reform)

(Consequential

Provisions) Act

2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 495): 5 Mar

2016 (s 2(1) item 2)

—

Omnibus Repeal Day

(Autumn 2014) Act 2014

109, 2014 16 Oct

2014

Sch 2 (items 25–44, 105,

146–153, 162–165, 243–

245): 17 Oct 2014 (s

2(1) item 2)

Sch 2 (items 39–

41 and 162–165)

Statute Law Revision

Act (No. 1) 2015

5, 2015 25 Feb

2015

Sch 5 (item 7): 25 Mar

2015 (s 2(1) item 10)

—

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

212 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Acts and Instruments

(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 1 (items 163, 166–

179) and Sch 3

(items 325–336, 348,

349): 5 Mar 2016 (s 2(1)

item 2)

Sch 1 (items 166–

179) and Sch 3

(items 348, 349)

as amended by

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 3 (item 1): 5 Mar

2016 (s 2(1) item 8)

—

Enhancing Online Safety

for Children

(Consequential

Amendments) Act 2015

25, 2015 24 Mar

2015

Sch 2 (items 16–27) and

Sch 3: 1 July 2015 (s

2(1) items 4, 5, 6)

Sch 3

Telecommunications

Legislation Amendment

(Deregulation) Act 2015

38, 2015 13 Apr

2015

Sch 1 (items 14–61):

1 July 2015 (s 2(1)

item 3)

Sch 4 (items 1–34) and

Sch 6 (items 1–12): 14

Apr 2015 (s 2(1) item 6)

Sch 6 (items 10–

12)

Telecommunications

(Interception and

Access) Amendment

(Data Retention) Act

2015

39, 2015 13 Apr

2015

Sch 1 (items 2–4, 7):

13 Oct 2015 (s 2(1)

item 2)

Sch 1 (item 8–12):

13 Apr 2015 (s 2(1)

items 1, 3)

Sch 1 (items 7–

12)

Customs and Other

Legislation Amendment

(Australian Border

Force) Act 2015

41, 2015 20 May

2015

Sch 5 (items 160, 161)

and Sch 9: 1 July 2015

(s 2(1) items 2, 7)

Sch 5 (item 161)

and Sch 9

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 213

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Norfolk Island

Legislation Amendment

Act 2015

59, 2015 26 May

2015

Sch 2 (items 343, 344):

1 July 2016 (s 2(1)

item 5)

Sch 2 (items 356–396):

18 June 2015 (s 2(1)

item 6)

Sch 2 (items 356–

396)

as amended by

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar

2016

Sch 2: 24 Mar 2016

(s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (items 604–620): 5

Mar 2016 (s 2(1) item 2)

—

Statute Law Revision

Act (No. 2) 2015

145, 2015 12 Nov

2015

Sch 1 (item 16): 10 Dec

2015 (s 2(1) item 2)

—

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb

2016

Sch 4 (items 1, 307–

311): 10 Mar 2016

(s 2(1) item 6)

—

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar

2016

Sch 5 (items 86, 87):

1 July 2016 (s 2(1)

item 7)

—

Enhancing Online Safety

for Children Amendment

Act 2017

51, 2017 22 June

2017

Sch 1 (items 38–48, 51):

23 June 2017 (s 2(1)

item 1)

Sch 1 (items 48,

51)

(a) The Telecommunications Act 1997 was amended by Schedule 4 (items 1 and

2) only of the Telecommunications (Transitional Provisions and

Consequential Amendments) Act 1997, subsection 2(4) of which provides as

follows:

(4) Schedule 4 commences on the commencement of the Financial

Management and Accountability Act 1997.

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

214 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) The Telecommunications Act 1997 was amended by Schedule 4 (items 18–

20) only of the Australian National Railways Commission Sale Act 1997,

subsection 2(5) of which provides as follows:

(5) The remaining items of Schedule 3 and Schedule 4 commence on a day

to be fixed by Proclamation. The day must not be earlier than the later of

the day proclaimed for the purposes of subsection (2) and the day

proclaimed for the purposes of subsection (3).

(c) The Telecommunications Act 1997 was amended by Schedule 1 and

Schedule 2 (items 1–27) only of the Telecommunications Legislation

Amendment Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2), (3) and (4), this Act commences on the day on

which it receives the Royal Assent.

(d) The Telecommunications Act 1997 was amended by Schedule 13 (item 49)

only of the Social Security Legislation Amendment (Youth Allowance

Consequential and Related Measures) Act 1998, subsection 2(1) of which

provides as follows:

(1) Subject to subsections (2) to (10), this Act commences on 1 July 1998.

(e) The Telecommunications Act 1997 was amended by Schedule 1 (item 193)

only of the Financial Sector Reform (Consequential Amendments) Act 1998,

subsection 2(2) of which provides as follows:

(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the

commencement of the Australian Prudential Regulation Authority Act

1998.

(f) The Telecommunications Act 1997 was amended by Schedule 1 only of the

Telecommunications Laws Amendment (Universal Service Cap) Act 1999,

subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(g) The Telecommunications Act 1997 was amended by the Telecommunications

Legislation Amendment Act 1999, subsections 2(1)–(4) and (6) of which

provide as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(2) Subject to subsection (3), Schedule 2 commences on 1 January 1999.

(3) If the 28th day after the day on which this Act receives the Royal Assent

is later than 1 January 1999, Schedule 2 commences on that 28th day.

(4) Subject to subsection (5), Schedule 3 commences on the commencement

of section 1 of the Telecommunications (Consumer Protection and

Service Standards) Act 1999.

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 215

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) Schedule 4 commences on 1 July 1999.

(h) The Telecommunications Act 1997 was amended by the Environmental

Reform (Consequential Provisions) Act 1999, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act commences when the Environment

Protection and Biodiversity Conservation Act 1999 commences.

(i) The Telecommunications Act 1997 was amended by Schedule 1 (items 916

and 917) only of the Public Employment (Consequential and Transitional)

Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service

Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(j) The Telecommunications Act 1997 was amended by Schedule 3 (items 58–

61) only of the Australian Security Intelligence Organisation Legislation

Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) This Act (other than Schedule 3) commences on the day on which it

receives the Royal Assent.

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately

after the commencement of the other Schedules to this Act.

(k) The Telecommunications Act 1997 was amended by Schedule 3 (items 12 and

13) only of the Broadcasting Services Amendment Act (No. 1) 1999,

subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(l) The Telecommunications Act 1997 was amended by Schedule 3 (items 1–5)

only of the Telecommunications (Consumer Protection and Service

Standards) Amendment Act (No. 2) 2000, subsections 2(1) and (2) of which

provide as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(2) Schedules 1 to 3 (other than items 10, 11 and 13 of Schedule 3)

commence, or are taken to have commenced, on 1 July 2000.

(m) The Telecommunications Act 1997 was amended by Schedule 1 (items 101–

162) only of the Communications and the Arts Legislation Amendment

(Application of Criminal Code) Act 2001, subsection 2(1)(a) of which

provides as follows:

(1) Subject to this section, this Act commences at the latest of the following

times:

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

216 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) immediately after the commencement of item 15 of Schedule 1 to the

Criminal Code Amendment (Theft, Fraud, Bribery and Related

Offences) Act 2000;

Item 15 commenced on 24 May 2001.

(n) The Telecommunications Act 1997 was amended by Schedule 3 (items 511

and 512) only of the Corporations (Repeals, Consequentials and

Transitionals) Act 2001, subsection 2(3) of which provides as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to

have commenced, at the same time as the Corporations Act 2001.

(o) Subsection 2(1) (items 2, 3 and 10) of the Australian Communications and

Media Authority (Consequential and Transitional Provisions) Act 2005

provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Provision(s) Commencement Date/Details

2. Schedule 1 At the same time as section 6 of the Australian

Communications and Media Authority Act 2005

commences.

1 July 2005

3. Schedule 2 Immediately after the commencement of the

provision(s) covered by table item 2.

1 July 2005

10. Schedule 4 At the same time as section 6 of the Australian

Communications and Media Authority Act 2005

commences.

1 July 2005

(p) Subsection 2(1) (items 2 and 3) of the Telecommunications and Other

Legislation Amendment (Protection of Submarine Cables and Other

Measures) Act 2005 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Provision(s) Commencement Date/Details

2. Schedule 1,

Part 1

The 28th day after the day on which this Act

receives the Royal Assent.

20 September

2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 3—Legislation history

Telecommunications Act 1997 217

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision(s) Commencement Date/Details

3. Schedule 1,

Part 2

Immediately after the commencement of the

provisions in Part 1 of Schedule 1 to this Act.

However, if Part 1 of Schedule 1 to this Act

commences before section 6 of the Australian

Communications and Media Authority Act 2005,

the provision(s) do not commence at all.

20 September

2005

(q) Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010

provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Provision(s) Commencement Date/Details

31. Schedule 5,

items 1 to 51

The day this Act receives the Royal Assent. 1 March 2010

38. Schedule 5,

Parts 2 and 3

Immediately after the provision(s) covered by table

item 31.

1 March 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

218 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Endnote 4—Amendment history

Provision affected How affected

Part 1

s. 2 ................................................. am. No. 5, 2001

s. 3 ................................................. am. No. 130, 2003; No. 89, 2006; No. 111, 2009; Nos. 46, 103 and

140, 2010; No. 44, 2012

s. 5 ................................................. am. No. 52, 1999; No. 5, 2001; No. 140, 2002; No. 130, 2003;

No. 45, 2005; Nos. 40 and 89, 2006; No. 177, 2007; No. 46, 2010;

No 109, 2014; No 38, 2015

s. 6 ................................................. am. No. 52, 1999; No. 5, 2001; No. 119, 2005; No. 177, 2007;

No 109, 2014

s 7 .................................................. am No 200, 1997; No 4, 1998; No 52, 1999; No 161, 1999; No 142,

2000; No 125, 2002; No 130, 2003; No 35, 2004; No 45, 2005; No

86, 2006; No 89, 2006; No 155, 2006; No 124, 2007; No 177, 2007;

No 22, 2008; No 111, 2009; No 8, 2010; No 46, 2010; No 103, 2010;

No 140, 2010; No 5, 2011; No 23, 2011; No 107, 2011; No 44, 2012;

No 169, 2012; No 31, 2014; No 62, 2014 No 109, 2014; No 38,

2015; No 39, 2015

s. 7A .............................................. ad. No. 200, 1997

rep. No. 177, 2007

s 8 .................................................. am No 59, 2015

s 10 ................................................ am No 33, 2016

s. 11 ............................................... am. No. 17, 2006; No. 117, 2008; No. 46, 2011

s. 11A ............................................ ad. No. 5, 2001

s 15 ................................................ am No 103, 2013

s. 17 ............................................... rep. No. 52, 1999

s. 19 ............................................... am. No. 45, 2005; No. 44, 2012

s. 22 ............................................... am. No. 4, 1998; No. 107, 2011; No 38, 2015

s. 23 ............................................... am. No. 45, 1998; No. 55, 2001; No 103, 2013

Part 2

Division 2

s. 27 ............................................... am. No. 55, 2001

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 219

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s 29 ................................................ am No 103, 2013

Division 3

s. 30 ............................................... am. No. 4, 1998

s 31 ................................................ am No 103, 2013

Div 4

s 40 ................................................ am No 103, 2013

Part 3

Division 1

s. 41 ............................................... am. No. 45, 2005

Division 2

s. 42 ............................................... am. No. 5, 2001; No 4, 2016

s. 43 ............................................... am No 4, 2016

s 44 ................................................ am No 103, 2013

s. 45 ............................................... am. No. 5, 2011

s. 46 ............................................... am. No. 161, 1999

s. 47 ............................................... am. No. 96, 1997

s. 48 ............................................... am. No. 197, 1999

s 51 ................................................ am No 103, 2013

Division 3

s. 52 ............................................... am. No. 45, 2005

s. 53 ............................................... am. No. 45, 2005

Heading to s. 53A.......................... am. No. 177, 2007

s. 53A ............................................ ad. No. 35, 2004

am. No. 45, 2005; No. 177, 2007

s. 55 ............................................... am. No. 35, 2004; No. 45, 2005

s. 56 ............................................... am. No. 45, 2005

Heading to s. 56A.......................... am. No. 177, 2007

s. 56A ............................................ ad. No. 35, 2004

am. No. 45, 2005; No. 177, 2007

Note to s. 56A(2) .......................... am. No. 45, 2005; No. 177, 2007

s. 57 ............................................... am. No. 52, 1999; No. 44, 2012; No 38, 2015

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

220 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 58 ............................................... am. No. 45, 2005; No. 44, 2012; No 38, 2015

s. 58A ............................................ ad. No. 35, 2004

am. No. 45, 2005

s. 59 ............................................... rs. No. 35, 2004

am. No. 45, 2005; No. 177, 2007

s. 60 ............................................... am. No. 45, 2005

s. 61 ............................................... am. No. 119, 2005; No. 140, 2010 (Sch 1 items 41, 42)

s. 61A ............................................ ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

Heading to s. 62............................. am. No. 103, 2010

s. 62 ............................................... am. No. 103, 2010

Note to s. 62 .................................. am. No. 103, 2010

s. 62A ............................................ ad. No. 140, 2010

s. 62B ............................................ ad. No. 140, 2010

s. 62C ............................................ ad. No. 140, 2010

s. 62D ............................................ ad. No. 23, 2011

s. 62E............................................. ad. No. 23, 2011

s 63 ................................................ am No 10, 2015

s. 66 ............................................... rep. No. 142, 2000

s. 67 ............................................... am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 69 ............................................... am. Nos. 45 and 119, 2005; No 103, 2010; No 140, 2010 (Sch 1

item 44); No. 23, 2011; No 126, 2015

s. 69AA ......................................... ad. No. 140, 2010

s. 69A ............................................ ad. No. 119, 2005

rep. No. 140, 2010

s. 69B ............................................ ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

s. 70 ............................................... am. Nos. 45 and 119, 2005; No 103, 2010; No 140, 2010 (Sch 1

items 47–49); No. 23, 2011

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 221

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Note to s. 70(3) ............................. rs. No. 140, 2010

Note to s. 70(4) ............................. am. No. 103, 2010

s. 71 ............................................... am. No. 45, 2005

s. 72 ............................................... am. No. 45, 2005; No. 44, 2012; No 38, 2015

Note to s. 72(2) ............................. am. No. 44, 2012

Subhead. to s. 73(9) ...................... am. No. 8, 2005

Subhead to s 73(10) ....................... rs No 103, 2013

s. 73 ............................................... am. Nos. 8 and 45, 2005; No 103, 2013

s. 73A ............................................ ad. No. 35, 2004

am. No. 45, 2005

s. 74 ............................................... am. No. 45, 2005

Division 4

s. 77 ............................................... am. No. 45, 2005

s. 78 ............................................... am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015

s. 79 ............................................... am. No. 45, 2005

s. 80 ............................................... am. No. 45, 2005

s. 81 ............................................... am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015

s. 81A ............................................ ad. No. 4, 1998

am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 82 ............................................... am. No. 45, 2005

s. 83 ............................................... am. No. 52, 1999; No. 45, 2005; No. 44, 2012; No 38, 2015

Division 5

s. 84 ............................................... am. No. 45, 2005

Part 4

Division 3

s 87 ................................................ am No 46, 2011; No 103, 2013; No 126, 2015

s 88 ................................................ am No 103, 2013

s. 90 ............................................... am. No. 5, 2011

s. 91 ............................................... am. No. 161, 1999

s. 92 ............................................... am. No. 96, 1997

s. 93 ............................................... am. No. 197, 1999

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

222 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s 95 ................................................ am No 46, 2011; No 103, 2013; No 126, 2015

s 96 ................................................ am No 46, 2011; No 103, 2013; No 126, 2015

Division 5

s. 98 ............................................... am. Nos. 103 and 140, 2010; No. 23, 2011

Note to s. 98(2) ............................. am. No. 103, 2010

s. 99 ............................................... am. No. 45, 2005; No 103, 2013

s 100 .............................................. am No 103, 2013

s. 102 ............................................. am. No. 45 and 119, 2005; No. 103 and 140, 2010; No. 23, 2011; No

126, 2015

s. 103 ............................................. am. No. 45, 2005; Nos. 103 and 140, 2010; No. 23, 2011

Note to s. 103(3) ........................... am. No. 103, 2010

Part 5

s. 104 ............................................. am. No. 200, 1997; No. 45, 2005; No. 140, 2010 (Sch 1 item 50)

Heading to s. 105........................... am. No. 200, 1997

s 105 .............................................. am No 200, 1997; No 52, 1999; No 142, 2000; No 45, 2005; No 111,

2009; No 44, 2012; No 31, 2014; No 38, 2015; No 39, 2015

s. 105A .......................................... ad. No. 200, 1997

am. No. 45, 2005

s 105B ........................................... ad No 140, 2010

s. 105C .......................................... ad. No. 140, 2010

Part 6

Division 1

s. 106 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

38, 2015

Division 2

s. 108A .......................................... ad. No. 130, 2003

am No 31, 2014

s. 108B .......................................... ad. No. 130, 2003

s. 109 ............................................. am. No. 130, 2003

s. 109A .......................................... ad. No. 130, 2003

rep No 38, 2015

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 223

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 109B .......................................... ad. No. 89, 2006

s. 109C .......................................... ad. No. 46, 2010

s. 110 ............................................. am. No. 130, 2003; No. 45, 2005; No. 23, 2011

s. 110A .......................................... ad. No. 130, 2003

rep No 38, 2015

am. No. 45, 2005

s. 110B .......................................... ad. No. 89, 2006

s. 110C .......................................... ad. No. 46, 2010

s. 111A .......................................... ad. No. 130, 2003

rep No 38, 2015

s. 111AA ....................................... ad. No. 89, 2006

s. 111AB........................................ ad. No. 46, 2010

s. 111B .......................................... ad. No. 130, 2003

Division 3

s. 112 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos. 46 and 140,

2010; No 38, 2015

s. 113 ............................................. am. No. 130, 2003; No. 89, 2006; Nos. 8 and 46, 2010; No. 23, 2011;

No 38, 2015

s. 115 ............................................. am. No. 130, 2003; No. 120, 2004; No. 23, 2011

s. 116A .......................................... ad. No. 155, 2000

am No 197, 2012

Division 4

s. 117 ............................................. am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos.

46 and 51, 2010; No 197, 2012; No 3, 2014; No 38, 2015

Note to s. 117(4) ........................... ad. No. 155, 2000

Heading to s. 118........................... am. No. 45, 2005

s. 118 ............................................. am. No. 155, 2000; No. 130, 2003; No. 45, 2005; No. 89, 2006; Nos.

46 and 51, 2010; No. 23, 2011; No 197, 2012; No 38, 2015

Note to s. 118(1) ........................... ad. No. 155, 2000

am. No. 45, 2005; No. 51, 2010; No 197, 2012

Heading to s. 119........................... am. No. 130, 2003; No. 89, 2006; No. 46, 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

224 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 119 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

38, 2015

s 119A ........................................... ad No 3, 2014

am No 3, 2014; No 38, 2015

s 119B ........................................... ad No 3, 2014

s. 120 ............................................. am. No. 155, 2000; No. 45, 2005; No 3, 2014

s. 121 ............................................. am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89,

2006; Nos. 46 and 51, 2010; No 197, 2012; No 38, 2015; No 126,

2015

s. 122 ............................................. am. No. 155, 2000; No. 130, 2003; Nos. 45 and 119, 2005; No. 89,

2006; Nos. 46 and 51, 2010; No 197, 2012; No 38, 2015

s. 122A .......................................... ad. No. 155, 2000

am. No. 45, 2005

Division 5

Heading to s. 123........................... am. No. 45, 2005

s. 123 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010;

No. 136, 2012; No 103, 2013; No 38, 2015

Heading to s. 124........................... am. No. 45, 2005

s. 124 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

103, 2013; No 38, 2015

Heading to s. 125........................... am. No. 45, 2005

s. 125 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

103, 2013; No 38, 2015

s. 125AA ....................................... ad. No. 140, 2010

am. No. 23, 2011

s. 125A .......................................... ad. No. 89, 2006

s. 125B .......................................... ad. No. 46, 2010

s. 126 ............................................. am. No. 45, 2005

s 127 .............................................. am No 45, 2005

rep No 5, 2015

s. 128 ............................................. am. No. 130, 2003; No. 89, 2006; No. 46, 2010; No 38, 2015

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 225

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 129 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

38, 2015

s. 130 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 46, 2010; No

103, 2013; No 38, 2015

Note to s. 130 ................................ ad. No. 155, 2000

am. No. 45, 2005; No. 51, 2010; No 197, 2012

s. 131 ............................................. am. No. 45, 2005; No 103, 2013

s. 132 ............................................. am. No. 45, 2005

s. 133 ............................................. am. No. 45, 2005; No. 89, 2006; No. 46, 2010

Heading to s. 134........................... am. No. 51, 2010

s. 134 ............................................. am. No. 155, 2000; No. 45, 2005; No. 51, 2010; No 197, 2012

s. 135 ............................................. am. No. 45, 2005

s. 135A .......................................... ad. No. 89, 2006

am. No. 46, 2010

Division 6

Heading to s. 136........................... am. No. 45, 2005

s. 136 ............................................. am. No. 155, 2000; No. 45, 2005; No 3, 2014

Div 6A

hdg to Div 6A of Pt 6 .................... am No 3, 2014

Div. 6A of Part 6 ........................... ad. No. 117, 2005

hdg to s 136A ................................ am No 3, 2014

s. 136A .......................................... ad. No. 117, 2005

am No 3, 2014

s. 136B .......................................... ad. No. 117, 2005

am No 3, 2014; No 126, 2015

s. 136C .......................................... ad. No. 117, 2005

am No 3, 2014; No 126, 2015

s. 136D .......................................... ad. No. 117, 2005

s. 136E........................................... ad. No. 117, 2005

am No 3, 2014; No 126, 2015

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

226 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 7

s. 137 ............................................. rep. No. 52, 1999

ad. No. 130, 2003

am. No. 8, 2010

s. 138 ............................................. rep. No. 52, 1999

ad. No. 130, 2003

Heading to s. 139........................... am. No. 46, 2010

s. 139 ............................................. rep. No. 52, 1999

ad. No. 89, 2006

am. No. 46, 2010

Part 7

Part 7 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 140 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 141 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 141A .......................................... ad. No. 23, 2011

s. 141B .......................................... ad. No. 23, 2011

s. 141C .......................................... ad. No. 23, 2011

s. 141D .......................................... ad. No. 23, 2011

s. 141E........................................... ad. No. 23, 2011

s. 141F........................................... ad. No. 23, 2011

s. 141G .......................................... ad. No. 23, 2011

Part 7A .......................................... ad. No. 4, 1998

rep. No. 52, 1999

Part 8

Part 8 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

Division 1

s. 142 ............................................. rep. No. 52, 1999

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 227

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

ad. No. 23, 2011

s. 142A .......................................... ad. No. 23, 2011

Division 2

s. 143 ............................................. rep. No. 4, 1998

ad. No. 23, 2011

s. 144 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 145 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 146 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 147 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 148 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 149 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 150 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 151 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

Division 3

s. 152 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 153 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 154 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 155 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 156 ............................................. rep. No. 52, 1999

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

228 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

ad. No. 23, 2011

s. 157 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 158 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 159 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

s. 160 ............................................. rep. No. 52, 1999

ad. No. 23, 2011

ss. 161–182.................................... rep. No. 52, 1999

s. 183 ............................................. am. No. 42, 1999

rep. No. 52, 1999

s. 184 ............................................. rep. No. 52, 1999

ss. 185, 186.................................... am. No. 42, 1999

rep. No. 52, 1999

ss. 187–210.................................... rep. No. 52, 1999

ss. 211, 212.................................... rs. No. 59, 1997

rep. No. 52, 1999

ss. 213–218.................................... rep. No. 52, 1999

s. 219 ............................................. am. No. 48, 1998

rep. No. 52, 1999

ss. 220, 221.................................... rep. No. 52, 1999

ss. 221A–221I................................ ad. No. 4, 1998

rep. No. 52, 1999

ss. 222–231.................................... rep. No. 52, 1999

Part 9 ............................................. rep. No. 52, 1999

ss. 232–243.................................... rep. No. 52, 1999

Part 10 ........................................... rep. No. 52, 1999

s. 244 ............................................. rep. No. 52, 1999

s. 245 ............................................. am. No. 200, 1997

rep. No. 52, 1999

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 229

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 246 ............................................. am. No. 52, 1999

rep. No. 52, 1999

ss. 247–251.................................... rep. No. 52, 1999

Part 11 ........................................... rep. No. 52, 1999

ss. 252–263.................................... rep. No. 52, 1999

Part 12 ........................................... rep. No. 52, 1999

ss. 264–269.................................... rep. No. 52, 1999

Part 13

Division 1

s. 275A .......................................... ad. No. 124, 2007

s. 275B .......................................... ad. No. 16, 2009

s. 275C .......................................... ad. No. 16, 2009

s. 275D .......................................... ad. No. 16, 2009

s. 275E........................................... ad. No. 16, 2009

Division 2

s. 276 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

s. 277 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

s. 278 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

Division 3

Subdivision A

s 280 .............................................. am No 86, 2006; No 177, 2007; No 39, 2015

s 281 .............................................. am No 39, 2015

s. 282 ............................................. am. No. 125, 2002; No. 35, 2004; No. 45, 2005; No. 86, 2006

rep. No. 177, 2007

s. 283 ............................................. am. No. 161, 1999

rep. No. 177, 2007

s 284 .............................................. am No 45, 2005; No 44, 2012; No 25, 2015; No 38, 2015; No 51,

2017

s. 285 ............................................. am. No. 155, 2006; No. 169, 2012

s. 285A .......................................... ad. No. 16, 2009

s. 291 ............................................. am. No. 124, 2007

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

230 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 291A .......................................... ad. No. 16, 2009

s. 294 ............................................. am. No. 177, 2007

Subdivision B

s. 295 ............................................. am. No. 177, 2007

Division 3A

Div. 3A of Part 13 ......................... ad. No. 155, 2006

Subdivision A

s. 295A .......................................... ad. No. 155, 2006

s. 295B .......................................... ad. No. 155, 2006

s. 295C .......................................... ad. No. 155, 2006

s. 295D .......................................... ad. No. 155, 2006

s. 295E........................................... ad. No. 155, 2006

s. 295F........................................... ad. No. 155, 2006

s. 295G .......................................... ad. No. 155, 2006

s. 295H .......................................... ad. No. 155, 2006

s. 295J............................................ ad. No. 155, 2006

s. 295K .......................................... ad. No. 155, 2006

s. 295L........................................... ad. No. 155, 2006

s. 295M.......................................... ad. No. 155, 2006

am. No. 51, 2010

Subdivision B

s. 295N .......................................... ad. No. 155, 2006

s. 295P........................................... ad. No. 155, 2006

s. 295Q .......................................... ad. No. 155, 2006

Subdivision C

s. 295R .......................................... ad. No. 155, 2006

s. 295S........................................... ad. No. 155, 2006

s. 295T........................................... ad. No. 155, 2006

Subdivision D

s. 295U .......................................... ad. No. 155, 2006

am No 62, 2014

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 231

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 3B

Div. 3B of Part 13.......................... ad. No. 16, 2009

s. 295V .......................................... ad. No. 16, 2009

s. 295W ......................................... ad. No. 16, 2009

s. 295X .......................................... ad. No. 16, 2009

s. 295Y .......................................... ad. No. 16, 2009

s. 295Z........................................... ad. No. 16, 2009

s. 295ZA........................................ ad. No. 16, 2009

s. 295ZB ........................................ ad. No. 16, 2009

Heading to s. 295ZC...................... am. No. 51, 2010

s. 295ZC ........................................ ad. No. 16, 2009

am. No. 51, 2010

s. 295ZD........................................ ad. No. 16, 2009

s. 295ZE ........................................ ad. No. 16, 2009

Division 4

s. 298 ............................................. rep. No. 177, 2007

s 299 .............................................. am No 45, 2005; No 44, 2012; No 25, 2015; No 38, 2015; No 51,

2017

s. 299A .......................................... ad. No. 155, 2006

s. 302A .......................................... ad. No. 16, 2009

s. 303 ............................................. am. No. 5, 2001; No 4, 2016

s. 303A .......................................... ad. No. 155, 2000

Division 4A

Div. 4A of Part 13 ......................... ad. No. 155, 2000

hdg to s 303B................................. rs No 197, 2012

s. 303B .......................................... ad. No. 155, 2000

am No 197, 2012

s. 303C .......................................... ad. No. 155, 2000

am No 197, 2012

Division 5

s. 305 ............................................. rs. No. 177, 2007

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

232 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 120, 2012

Heading to s. 306........................... am. No. 177, 2007

s. 306 ............................................. am. No. 5, 2001; No. 177, 2007; No. 16, 2009; No. 120, 2012; No 4,

2016

s. 306A .......................................... ad. No. 177, 2007

am. No. 120, 2012

s. 307 ............................................. am. No. 5, 2001; No. 177, 2007; No 4, 2016

Heading to s. 308........................... am. No. 45, 2005

s. 308 ............................................. am. No. 45, 2005; No. 177, 2007

Heading to s. 309........................... am. No. 51, 2010

s. 309 ............................................. am. No. 177, 2007; No. 51, 2010

Part 14

s. 311 ............................................. am. No. 45, 2005

Heading to s. 312........................... am. No. 45, 2005

s. 312 ............................................. am. No. 45, 2005

s. 313 ............................................. am. No. 200, 1997; No. 35, 2004; No. 45, 2005; No. 40, 2006;

No. 177, 2007; No. 120, 2012

s 314 .............................................. am No 200, 1997; No 45, 2005; No 177, 2007; No 39, 2015

s. 314A .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 315 ............................................. am. No. 46, 2001

Part 15 ........................................... rs. No. 200, 1997

rep. No. 177, 2007

s. 317 ............................................. rs. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

ss. 318–323.................................... rs. No. 200, 1997

rep. No. 177, 2007

s. 324 ............................................. rs. No. 200, 1997

am. No. 35, 2004; No. 40, 2006

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 233

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rep. No. 177, 2007

s. 325 ............................................. rs. No. 200, 1997

rep. No. 177, 2007

s. 326 ............................................. rs. No. 200, 1997

am. No. 35, 2004

rep. No. 177, 2007

Heading to s. 327........................... am. No. 45, 2005

rep. No. 177, 2007

s. 327 ............................................. rs. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 328 ............................................. rs. No. 200, 1997

rep. No. 177, 2007

s. 329 ............................................. rs. No. 200, 1997

am. No. 35, 2004; No. 45, 2005

rep. No. 177, 2007

s. 330 ............................................. rs. No. 200, 1997; No. 35, 2004

am. No. 45, 2005

rep. No. 177, 2007

s. 331 ............................................. rs. No. 200, 1997

am. No. 35, 2004; No. 45, 2005

rep. No. 177, 2007

s. 332 ............................................. rs. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332A .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332B .......................................... ad. No. 200, 1997

rep. No. 177, 2007

ss. 332C, 332D .............................. ad. No. 200, 1997

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

234 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 45, 2005

rep. No. 177, 2007

s. 332E........................................... ad. No. 200, 1997

rep. No. 177, 2007

s. 332F........................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

Heading to s. 332G........................ am. No. 45, 2005

rep. No. 177, 2007

ss. 332G, 332H.............................. ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

ss. 332J, 332K ............................... ad. No. 200, 1997

rep. No. 177, 2007

Note to s. 332K.............................. am. No. 40, 2006

rep. No. 177, 2007

ss. 332L, 332M.............................. ad. No. 200, 1997

rep. No. 177, 2007

s. 332N .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332P........................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

Heading to s. 332Q........................ am. No. 45, 2005

rep. No. 177, 2007

s. 332Q .......................................... ad. No. 200, 1997

am. No. 45, 2005

rep. No. 177, 2007

s. 332R .......................................... ad. No. 200, 1997

rep. No. 177, 2007

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 235

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Part 16

Division 1

s. 334 ............................................. am. No. 5, 2011

Division 2

s. 335 ............................................. am. No. 45, 2005; No. 5, 2011

Division 3

Heading to s. 338........................... am. No. 45, 2005

s. 338 ............................................. am. No. 45, 2005; No. 5, 2011

s. 339 ............................................. am. No. 45, 2005

s. 341 ............................................. am. No. 45, 2005

s. 342 ............................................. am. No. 45, 2005

s. 343 ............................................. am. No. 45, 2005

Division 4

s. 346A .......................................... ad. No. 46, 2001

Division 5

s. 347 ............................................. am. No. 146, 1999; No. 5, 2011

Part 17

s. 348 ............................................. am. No. 140, 2002; No. 45, 2005; No 38, 2015

s. 349 ............................................. am. No. 140, 2002; No. 45, 2005; No 103, 2013; No 38, 2015

Note to s. 349(2) ........................... ad. No. 140, 2002

s. 350 ............................................. am. No. 200, 1997

s. 350A .......................................... ad. No. 140, 2002

am. No. 103, 2010

Note to s. 350A(5) ........................ am. No. 103, 2010

s. 352 ............................................. am. No. 140, 2002; No. 45, 2005; No 38, 2015

s. 353 ............................................. am. No. 45, 2005

Part 18

s. 355 ............................................. am. No. 45, 2005; No 103, 2013

s. 356 ............................................. am. No. 45, 2005

Part 19 ........................................... rep No 10, 2014

s 357 .............................................. rep No 109, 2014

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

236 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s 358 .............................................. rep No 109, 2014

s 359 .............................................. rep No 109, 2014

s 360 .............................................. rep No 109, 2014

s 361 .............................................. rep No 109, 2014

s. 362 ............................................. am. No. 52, 1999

rep No 109, 2014

s 363 .............................................. rep No 109, 2014

Part 20

Division 3

s. 367 ............................................. am. No. 45, 2005; No. 103, 2010; No 103, 2013

s. 371 ............................................. am. No. 45, 2005

Part 20A

Part 20A ........................................ ad. No. 107, 2011

Division 1

s. 372A .......................................... ad. No. 107, 2011

Division 2

s. 372B .......................................... ad. No. 107, 2011

am No 126, 2015

s. 372C .......................................... ad. No. 107, 2011

am No 126, 2015

s. 372D .......................................... ad. No. 107, 2011

Division 3

Subdivision A

s. 372E........................................... ad. No. 107, 2011

s. 372F........................................... ad. No. 107, 2011

Subdivision B

s. 372G .......................................... ad. No. 107, 2011

s. 372H .......................................... ad. No. 107, 2011

Subdivision C

s. 372J............................................ ad. No. 107, 2011

s. 372JA......................................... ad. No. 107, 2011

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 237

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Subdivision D

s. 372K .......................................... ad. No. 107, 2011

am No 126, 2015

Division 4

s. 372L........................................... ad. No. 107, 2011

s. 372M.......................................... ad. No. 107, 2011

s. 372N .......................................... ad. No. 107, 2011

am No 126, 2015

s. 372NA ....................................... ad. No. 107, 2011

Division 5

s. 372P........................................... ad. No. 107, 2011

Division 6

s. 372Q .......................................... ad. No. 107, 2011

s. 372R .......................................... ad. No. 107, 2011

s. 372S........................................... ad. No. 107, 2011

s. 372T........................................... ad. No. 107, 2011

s. 372U .......................................... ad. No. 107, 2011

s. 372V .......................................... ad. No. 107, 2011

s. 372W ......................................... ad. No. 107, 2011

s. 372X .......................................... ad. No. 107, 2011

s. 372Y .......................................... ad. No. 107, 2011

s. 372Z........................................... ad. No. 107, 2011

s. 372ZA........................................ ad. No. 107, 2011

s. 372ZB ........................................ ad. No. 107, 2011

s. 372ZC ........................................ ad. No. 107, 2011

rep. No. 107, 2011

s. 372ZD........................................ ad. No. 107, 2011

s. 372ZE ........................................ ad. No. 107, 2011

rep. No. 107, 2011

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

238 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Part 21

Division 1

s. 373 ............................................. am. No. 45, 2005; No. 23, 2011

Division 3

s. 376 ............................................. am. No. 45, 2005; No. 107, 2011; No 10, 2015

s. 376A .......................................... ad. No. 107, 2011

s. 377 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 378 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 379 ............................................. am. No. 45, 2005

Division 4

s. 380 ............................................. am. No. 45, 2005; No 10, 2015

s. 381 ............................................. am. No. 63, 2002; No. 35, 2004; No. 45, 2005; No. 46, 2011

s. 382 ............................................. am. No. 63, 2002; No. 35, 2004; No. 45, 2005; No. 46, 2011

Division 5

s. 384 ............................................. am. No. 45, 2005; No. 103, 2010;No. 23, 2011; No 10, 2015

s. 385 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 386 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 387 ............................................. am. No. 45, 2005

s. 389 ............................................. am. No. 103, 2010

Division 5A

Div. 5A of Part 21 ......................... ad. No. 23, 2011

s. 389A .......................................... ad. No. 23, 2011

s. 389B .......................................... ad. No. 23, 2011

Division 6

Subdivision A

s. 390 ............................................. am. No. 45, 2005

s. 391 ............................................. am. No. 45, 2005

s. 392 ............................................. am. No. 45, 2005

s. 393 ............................................. am. No. 45, 2005

s. 394 ............................................. am. No. 45, 2005

s. 395 ............................................. am. No. 52, 1999

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 239

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 396 ............................................. am. No. 45, 2005

s. 397 ............................................. am. No. 45, 2005

s. 398 ............................................. am. No. 45, 2005; No 103, 2013

s. 399 ............................................. rs. No. 5, 2001

am No 4, 2016

Note to s. 399(1)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 399(1) ........................ ad. No. 108, 2003

s. 400 ............................................. am. No. 45, 2005

s. 401 ............................................. am. No. 45, 2005

s. 402 ............................................. am. No. 45, 2005

s. 403 ............................................. am. No. 45, 2005

Subdivision B

s. 404 ............................................. am. No. 45, 2005; No 103, 2013

s. 405 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

Division 7

s. 406A .......................................... ad. No. 200, 1997

s. 407 ............................................. am. No. 200, 1997; No. 45, 2005; No 103, 2013

s. 408 ............................................. am. No. 200, 1997; No. 45, 2005

s. 409 ............................................. am. No. 45, 2005

s. 410 ............................................. am. No. 45, 2005

s. 411 ............................................. am. No. 5, 2001; No 4, 2016

Note to s. 411(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 411(2) ........................ ad. No. 108, 2003

s. 412 ............................................. am. No. 5, 2001; No 4, 2016

s. 413 ............................................. am. No. 200, 1997; No. 5, 2001; No 4, 2016

Note to s. 413(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 413(2) ........................ ad. No. 108, 2003

s. 414 ............................................. am. No. 5, 2001; No 4, 2016

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

240 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Note to s. 414(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 414(2) ........................ ad. No. 108, 2003

s. 415 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

Note to s. 415(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 415(2) ........................ ad. No. 108, 2003

s. 416 ............................................. am. No. 5, 2001; No 4, 2016

Note to s. 416(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 416(2) ........................ ad. No. 108, 2003

Division 8

s. 417 ............................................. am. No. 5, 2001; No. 148, 2003; No. 45, 2005; No 103, 2013; No 4,

2016

Note to s. 417(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 417(2) ........................ ad. No. 108, 2003

Division 9

s. 419 ............................................. am. No. 45, 2005; No 10, 2015

s. 420 ............................................. am. No. 5, 2001; No 4, 2016

Note to s. 420(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 420(2) ........................ ad. No. 108, 2003

s. 421 ............................................. am. No. 5, 2001; No. 45, 2005; No 103, 2013; No 4, 2016

Note to s. 421(4)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 421(4) ........................ ad. No. 108, 2003

s. 422 ............................................. am. No. 63, 2002; No. 45, 2005; No. 46, 2011

s. 423 ............................................. am. No. 45, 2005

s. 424 ............................................. am. No. 45, 2005

s. 425 ............................................. am. No. 45, 2005

s. 426 ............................................. am. No. 45, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 241

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 427 ............................................. am. No. 45, 2005

s. 428 ............................................. am. No. 45, 2005

s. 429 ............................................. am. No. 45, 2005

s. 430 ............................................. am. No. 52, 1999

s. 432 ............................................. am. No. 45, 2005; No 103, 2013

s. 433 ............................................. am. No. 45, 2005

s. 434 ............................................. rs. No. 5, 2001

am No 4, 2016

Note to s. 434(1)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 434(1) ........................ ad. No. 108, 2003

Note to s. 434(2)

Renumbered Note 1....................... No. 108, 2003

Note 2 to s. 434(2) ........................ ad. No. 108, 2003

s. 435 ............................................. am. No. 45, 2005

s. 436 ............................................. am. No. 45, 2005

s. 437 ............................................. am. No. 45, 2005

s. 438 ............................................. am. No. 45, 2005

Heading to s. 439........................... am. No. 45, 2005

s. 439 ............................................. am. No. 45, 2005; No 103, 2013

s. 440 ............................................. am. No. 45, 2005; No. 107, 2011

s. 441 ............................................. am. No. 45, 2005

s. 442 ............................................. am. No. 45, 2005

Division 10

s. 446 ............................................. am. No. 45, 2005

s. 447 ............................................. am. No. 45, 2005

Division 11

s. 450 ............................................. am. No. 45, 2005; No 109, 2014; No 10, 2015

s. 451 ............................................. am. No. 45, 2005

rep No 109, 2014

s. 452 ............................................. am. No. 5, 2001; No 4, 2016

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

242 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 13

Div. 13 of Part 21 .......................... ad. No. 108, 2003

s. 453A .......................................... ad. No. 108, 2003

Part 22

Division 1

s. 454 ............................................. am. No. 45, 2005

Division 2

Subdivision A

s. 455 ............................................. am. No. 52, 1999; No. 45, 2005; No 103, 2013

s. 457 ............................................. am. No. 45, 2005

s. 458 ............................................. am. No. 200, 1997; No. 45, 2005; No. 103, 2010

Heading to s. 459........................... am. No. 45, 2005

s. 459 ............................................. am. No. 45, 2005

s. 460 ............................................. am. Nos. 45 and 119, 2005; No 109, 2014; No 126, 2015

s. 461 ............................................. am. No. 45, 2005

s 462 .............................................. am No 103, 2013

Subdivision B

s. 463 ............................................. am. No. 45, 2005; No 109, 2014

s. 464 ............................................. am. No. 45, 2005; No 109, 2014

Subdivision C

s. 465 ............................................. am. No. 45, 2005

Note to s. 465(1) ........................... am. No. 45, 2005

s. 466 ............................................. am. No. 45, 2005

s. 467 ............................................. am. No. 45, 2005

Subhead. to s. 468(9) .................... am. No. 8, 2005

Subhead to s 468(11) ..................... rs No 103, 2013

s. 468 ............................................. am. Nos. 8 and 45, 2005; No 103, 2013

s. 469 ............................................. am. No. 45, 2005

s. 471 ............................................. am. No. 5, 2011

s 472 .............................................. am No 103, 2013

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 243

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 3

s. 474 ............................................. am. No. 152, 2000; No. 45, 2005

Heading to s. 475........................... am. No. 45, 2005

s. 475 ............................................. am. No. 152, 2000; No. 5, 2001; No. 45, 2005; No 103, 2013; No 4,

2016

s. 476 ............................................. am. No. 152, 2000; No. 5, 2001; No. 45, 2005; No 103, 2013; No 4,

2016

Heading to s. 477........................... am. No. 45, 2005

s. 477 ............................................. am. No. 45, 2005

Part 23

s. 480 ............................................. am. No. 52, 1999

rep No 109, 2014

s. 480A .......................................... ad. No. 52, 1999

am. No. 45, 2005; No 103, 2013

rep No 109, 2014

Heading to s. 481........................... am. No. 45, 2005

rep No 109, 2014

s. 481 ............................................. am. No. 45, 2005

rep No 109, 2014

Heading to s. 483........................... am. No. 103, 2010

s. 483 ............................................. am. No. 103, 2010

Part 24A

Part 24A ........................................ ad. No. 104, 2005

s. 484A .......................................... ad. No. 104, 2005

Part 25

Division 1

s. 485 ............................................. am. No. 45, 2005

Division 2

Heading to Div. 2 of Part 25.......... am. No. 45, 2005

s. 486 ............................................. am. No. 45, 2005

s. 487 ............................................. am. No. 45, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

244 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 488 ............................................. am. No. 45, 2005

s. 489 ............................................. am. No. 45, 2005

s. 490 ............................................. am. No. 45, 2005

s. 491 ............................................. am. No. 45, 2005

s. 492 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

s. 493 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

s. 494 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

s. 495 ............................................. am. No. 45, 2005

Division 3

s. 502 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 503 ............................................. am. No. 5, 2001; No 4, 2016

s. 504 ............................................. am. No. 5, 2001; No 4, 2016

s. 505A .......................................... ad. No. 140, 2010

s. 505B .......................................... ad. No. 140, 2010

s. 506 ............................................. am. No. 103, 2010

Part 26

s. 507 ............................................. am. No. 45, 2005

s. 508 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

Heading to s. 509........................... am. No. 45, 2005

s. 509 ............................................. am. No. 45, 2005; No. 89, 2006; No. 46, 2010

Heading to s. 510........................... am. No. 45, 2005

s. 510 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

s. 511 ............................................. am. No. 45, 2005

s. 512 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 513 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 514 ............................................. am. No. 45, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 245

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 515 ............................................. am. No. 45, 2005

Heading to s. 515A........................ am. No. 51, 2010

s. 515A .......................................... ad. No. 89, 2006

am. Nos. 46 and 51, 2010

s. 516 ............................................. am. No. 45, 2005

s. 517 ............................................. am. No. 45, 2005

s. 518 ............................................. am. No. 130, 2003; No. 45, 2005; No. 89, 2006

s. 519 ............................................. am. No. 45, 2005

Part 27

Heading to Part 27......................... am. No. 45, 2005

Division 1

s. 520 ............................................. am. No. 45, 2005

Division 2

s. 521 ............................................. am. No. 5, 2001; No. 45, 2005

s. 522 ............................................. am. No. 5, 2001; No. 45, 2005; No 4, 2016

s. 523 ............................................. am. No. 45, 2005

s. 524 ............................................. am. No. 5, 2001

s. 525 ............................................. am. No. 5, 2001

s. 526 ............................................. rep. No. 5, 2001

s. 527 ............................................. am. No. 45, 2005

Heading to s. 528........................... am. No. 45, 2005

s. 528 ............................................. am. No. 45, 2005

Division 3

Heading to s. 529........................... am. No. 45, 2005

s. 529 ............................................. am. No. 52, 1999; No. 45, 2005; No. 140, 2010

Note to s. 529(4) ........................... am. No. 45, 2005

s. 531 ............................................. am. No. 5, 2001; No 4, 2016

Part 27A ........................................ ad. No. 22, 2008

rep No 109, 2014

Division 1 of Part 27A................... ad. No. 22, 2008

rep No 109, 2014

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

246 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 531A .......................................... ad. No. 22, 2008

rep No 109, 2014

s. 531B .......................................... ad. No. 22, 2008

rep No 109, 2014

s. 531C .......................................... ad. No. 22, 2008

am. No. 8, 2010

rep No 109, 2014

Note to s. 531C(1) ........................ am. No. 46, 2011

rep No 109, 2014

s. 531D .......................................... ad. No. 22, 2008

am. No. 8, 2010

rep No 109, 2014

s. 531E........................................... ad. No. 22, 2008

rep No 109, 2014

Division 2 of Part 27A................... ad. No. 22, 2008

rep No 109, 2014

s. 531F........................................... ad. No. 22, 2008

(1) exp 27 May 2009 (see s 531F(3))

(2) exp 27 May 2009 (see s 531F(3))

rep No 109, 2014

Division 3 of Part 27A................... ad. No. 22, 2008

rep No 109, 2014

s. 531G .......................................... ad. No. 22, 2008

(2)(e) exp 27 May 2009 (see s 531G(3))

(3A)(e) exp 27 May 2009 (see s 531G(3B))

rep No 109, 2014

s. 531H .......................................... ad. No. 22, 2008

rep No 109, 2014

s. 531J............................................ ad. No. 22, 2008

rep No 109, 2014

s. 531K .......................................... ad. No. 22, 2008

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 247

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rep No 109, 2014

s. 531L........................................... ad. No. 22, 2008

rep No 109, 2014

s. 531M.......................................... ad. No. 22, 2008

rep No 109, 2014

Note 1 to s. 531M .......................... am. No. 46, 2011

rep No 109, 2014

s. 531N .......................................... ad. No. 22, 2008

rep No 109, 2014

Note to s. 531N(4) ......................... am. No. 46, 2011

rep No 109, 2014

s. 531P........................................... ad. No. 22, 2008

rep No 109, 2014

s. 531Q .......................................... ad. No. 22, 2008

rep No 109, 2014

Part 28

Division 1

Heading to Div. 1 of Part 28.......... rs. No. 130, 2003

s. 532 ............................................. am. No. 130, 2003

s. 532A .......................................... ad. No. 130, 2003

Division 2

s. 533 ............................................. am. No. 45, 2005

s. 534 ............................................. am. No. 5, 2001; No. 45, 2005

Division 3

Heading to Div. 3 of Part 28.......... rs. No. 130, 2003

s. 535 ............................................. am. No. 5, 2001; No. 130, 2003

s. 537 ............................................. am. No. 130, 2003

Division 4

Heading to Div. 4 of Part 28.......... rs. No. 130, 2003

s. 541A .......................................... ad. No. 130, 2003

Heading to s. 542........................... am. No. 130, 2003

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

248 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 542 ............................................. am. No. 5, 2001; No. 130, 2003

Heading to s. 544........................... am. No. 130, 2003

s. 544 ............................................. am. No. 5, 2001; No. 130, 2003

s. 545 ............................................. am. No. 5, 2001

s. 546 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005

Division 5A

Div. 5A of Part 28 ......................... ad. No. 130, 2003

s. 547A .......................................... ad. No. 130, 2003

s. 547B .......................................... ad. No. 130, 2003

s. 547C .......................................... ad. No. 130, 2003

s. 547D .......................................... ad. No. 130, 2003

s. 547E........................................... ad. No. 130, 2003

s. 547F........................................... ad. No. 130, 2003

s. 547G .......................................... ad. No. 130, 2003

s. 547H .......................................... ad. No. 130, 2003

Division 5B

Div. 5B of Part 28.......................... ad. No. 130, 2003

s. 547J............................................ ad. No. 130, 2003

am No 4, 2016

Division 6

s. 548 ............................................. am. No. 5, 2001

s. 549 ............................................. am. No. 5, 2001; No. 130, 2003; No 4, 2016

s. 550 ............................................. am. No. 130, 2003

Division 7

s. 551 ............................................. am. No. 52, 1999; No. 5, 2001; No. 44, 2012; No 38, 2015

s. 552 ............................................. am. No. 45, 2005

Division 8

s. 553 ............................................. am. No. 52, 1999; No. 5, 2001

Part 29

s. 554 ............................................. am. No. 45, 2005

Heading to s. 555........................... am. No. 45, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 249

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 555 ............................................. am. No. 45, 2005

s. 556 ............................................. am. No. 45, 2005

s. 557 ............................................. am. No. 45, 2005

s. 558 ............................................. am. No. 45, 2005

Heading to s. 559........................... am. No. 45, 2005

s. 559 ............................................. am. No. 45, 2005

s. 560 ............................................. am. No. 45, 2005

s. 562 ............................................. am. No. 45, 2005

Part 30

s. 563 ............................................. am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 564 ............................................. am. No. 52, 1999; No. 45, 2005; No 103 2010; No 140, 2010 (Sch 1

items 52, 53); No. 23, 2011; No. 44, 2012; No 38, 2015

Part 31

s. 570 ............................................. am. No. 52, 1999; No. 89, 2006; No. 44, 2012; No 38, 2015

s. 571 ............................................. am. No. 52, 1999; No. 45, 2005; No 103, 2010; 140, 2010 (Sch 1

items 54, 55); No. 23, 2011;

Part 31A

Part 31A ........................................ ad. No. 119, 2005

s. 572A .......................................... ad. No. 119, 2005

s. 572B .......................................... ad. No. 119, 2005

am. No. 89, 2006; No. 8, 2010; No. 44, 2012; No 38, 2015

s. 572C .......................................... ad. No. 119, 2005

Part 31B

Part 31B......................................... ad. No. 140, 2010

s. 572D .......................................... ad. No. 140, 2010

s. 572E........................................... ad. No. 140, 2010

am. No. 23, 2011; No. 44, 2012; No 38, 2015

s. 572F........................................... ad. No. 140, 2010

s. 572G .......................................... ad. No. 140, 2010

s. 572H .......................................... ad. No. 140, 2010

s. 572J............................................ ad. No. 140, 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

250 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 572K .......................................... ad. No. 140, 2010

s. 572L........................................... ad. No. 140, 2010

s. 572M.......................................... ad. No. 140, 2010

am No 126, 2015

s. 572N .......................................... ad. No. 140, 2010

Part 32

s. 574 ............................................. am. No. 5, 2001

s. 574A .......................................... ad. No. 52, 1999

am. No. 130, 2003; No. 89, 2006; No. 44, 2012; No 38, 2015

s. 576 ............................................. am. No. 5, 2001

Part 33

Part 33 ........................................... rep. No. 5, 2001

ad. No. 140, 2010

Division 1

s. 577 ............................................. am. No. 52, 1999

rep. No. 5, 2001

ad. No. 140, 2010

Division 2

Subdivision A

s. 577A .......................................... ad. No. 140, 2010

s. 577AA ....................................... ad. No. 140, 2010

s. 577AB........................................ ad. No. 140, 2010

s. 577AC........................................ ad. No. 140, 2010

s. 577AD ....................................... ad. No. 140, 2010

s. 577B .......................................... ad. No. 140, 2010

s. 577BA........................................ ad. No. 140, 2010

am. No. 23, 2011

Subdivision B

s. 577BB........................................ ad. No. 140, 2010

s. 577BC........................................ ad. No. 140, 2010

am. No. 23, 2011

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 251

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 577BD........................................ ad. No. 140, 2010

s. 577BDA..................................... ad. No. 140, 2010

s. 577BDB ..................................... ad. No. 140, 2010

s. 577BDC ..................................... ad. No. 140, 2010

s. 577BE ........................................ ad. No. 140, 2010

s. 577BF ........................................ ad. No. 140, 2010

Division 3

s. 577C .......................................... ad. No. 140, 2010

s. 577CA........................................ ad. No. 140, 2010

s. 577CB........................................ ad. No. 140, 2010

s. 577CC........................................ ad. No. 140, 2010

s. 577CD........................................ ad. No. 140, 2010

s. 577D .......................................... ad. No. 140, 2010

Division 4

s. 577E........................................... ad. No. 140, 2010

s. 577EA........................................ ad. No. 140, 2010

s. 577EB ........................................ ad. No. 140, 2010

s. 577EC ........................................ ad. No. 140, 2010

s. 577ED........................................ ad. No. 140, 2010

s. 577F........................................... ad. No. 140, 2010

Division 5

s. 577G .......................................... ad. No. 140, 2010

Division 6

s. 577GA ....................................... ad. No. 140, 2010

s. 577H .......................................... ad. No. 140, 2010

s. 577J............................................ ad. No. 140, 2010

s. 577K .......................................... ad. No. 140, 2010

s. 577L........................................... ad. No. 140, 2010

Division 7

s. 577M.......................................... ad. No. 140, 2010

s. 577N .......................................... ad. No. 140, 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

252 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

s. 577P........................................... ad. No. 140, 2010

s. 577Q .......................................... ad. No. 140, 2010

s. 578 ............................................. am. No. 52, 1999

rep. No. 5, 2001

Part 34

Part 34 heading.............................. rs. No. 35, 2004

am. No. 45, 2005

rs No 25, 2015

s 579 .............................................. am No 45, 2005; No 25, 2015; No 51, 2017

s. 580 ............................................. am. No. 45, 2005

s 581 .............................................. am No 35, 2004; No 45, 2005; No 25, 2015; No 51, 2017

Part 35

s. 582 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 583 ............................................. am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 585 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 586 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015

s. 587 ............................................. am. No. 52, 1999; No. 130, 2003; No. 45, 2005; No. 89, 2006;

No. 44, 2012; No 38, 2015

s. 588 ............................................. am. No. 52, 1999; No. 44, 2012; No 38, 2015

s. 589 ............................................. am. No. 140, 2002; No. 130, 2003; No. 89, 2006; No. 103, 2010;

No. 44, 2012; No 10, 2015; No 38, 2015

s. 590 ............................................. am. No. 52, 1999

s. 591 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006

s. 592 ............................................. am. No. 52, 1999; No. 130, 2003; No. 89, 2006; No. 44, 2012; No

38, 2015; No 59, 2015

Schedule 1

Part 1

c. 1................................................. am. No. 52, 1999; No. 177, 2007; No. 44, 2012; No 38, 2015

Part 2 ............................................. rep. No. 119, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 253

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

cc. 2, 3 ........................................... rep. No. 119, 2005

c. 4................................................. am. No. 200, 1997; No. 45, 2005

rep. No. 119, 2005

c. 5................................................. am. No. 140, 2002; No. 45, 2005

rep. No. 119, 2005

cc. 6, 7 ........................................... rep. No. 119, 2005

cc. 8, 9 ........................................... am. No. 200, 1997

rep. No. 119, 2005

c. 10............................................... rep. No. 119, 2005

c. 11............................................... rs. No. 200, 1997

rep. No. 119, 2005

cc. 12–15 ....................................... rep. No. 119, 2005

Part 3

c. 17............................................... am. Nos. 103 and 140, 2010

c. 18............................................... am. No. 140, 2010

c 19................................................ am No 103, 2013

Part 4

c. 21............................................... am. No. 140, 2002

c. 22............................................... am. No. 140, 2002

c. 23............................................... am. No. 140, 2002

c. 24............................................... am. No. 140, 2002

c. 27A............................................ ad. No. 52, 1999

am No 103, 2013

c 28................................................ am No 103, 2013

c. 29A............................................ ad. No. 52, 1999

am No 103, 2013

Part 5

c. 31............................................... am. No. 140, 2010; No. 46, 2011

c. 33............................................... am. No. 45, 2005; No. 140, 2010

c. 34............................................... am. No. 45, 2005; No. 140, 2010

c. 35............................................... am. No. 45, 2005; No. 140, 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

254 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

c. 36............................................... am. No. 140, 2010

c 37................................................ am No 103, 2013

Part 7

Part 7 ............................................. ad. No. 119, 2005

c. 44A............................................ ad. No. 119, 2005

c. 45............................................... ad. No. 119, 2005

am. No. 103, 2010; No. 23, 2011

c. 46............................................... ad. No. 119, 2005

c. 47............................................... ad. No. 119, 2005

am. No. 103, 2010; No 126, 2015

Part 8 ............................................. ad. No. 119, 2005

rep. No. 140, 2010

cc. 48, 49 ....................................... ad. No. 119, 2005

rep. No. 140, 2010

c. 50............................................... ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

c. 50A............................................ ad. No. 119, 2005

am. No. 103, 2010

rep. No. 140, 2010

cc. 50B, 50C.................................. ad. No. 119, 2005

rep. No. 140, 2010

c. 51............................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

c. 52............................................... ad. No. 119, 2005

rep. No. 140, 2010

c. 53............................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

cc. 54–56 ....................................... ad. No. 119, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 255

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rep. No. 140, 2010

c. 56A............................................ ad. No. 119, 2005

rep. No. 140, 2010

cc. 57, 58 ....................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

cc. 59–65 ....................................... ad. No. 119, 2005

rep. No. 140, 2010

c. 66............................................... ad. No. 119, 2005

am. No. 8, 2010

rep. No. 140, 2010

Part 9

Part 9 ............................................. ad. No. 140, 2010

Division 1

c. 68............................................... ad. No. 140, 2010

c. 69............................................... ad. No. 140, 2010

c. 70............................................... ad. No. 140, 2010

c. 71............................................... ad. No. 140, 2010

c. 72............................................... ad. No. 140, 2010

Division 2

c. 73............................................... ad. No. 140, 2010

c. 74............................................... ad. No. 140, 2010

c. 75............................................... ad. No. 140, 2010

c. 76............................................... ad. No. 140, 2010

c. 77............................................... ad. No. 140, 2010

c. 78............................................... ad. No. 140, 2010

c. 79............................................... ad. No. 140, 2010

c. 80............................................... ad. No. 140, 2010

c. 81............................................... ad. No. 140, 2010

c. 82............................................... ad. No. 140, 2010

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

256 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Part 10

Part 10 ........................................... ad. No. 140, 2010

Division 1

c. 83............................................... ad. No. 140, 2010

Division 2

c. 84............................................... ad. No. 140, 2010

c. 85............................................... ad. No. 140, 2010

Division 3

c. 86............................................... ad. No. 140, 2010

c. 87............................................... ad. No. 140, 2010

c. 88............................................... ad. No. 140, 2010

Schedule 2

Part 1

c. 1................................................. am. No. 52, 1999; No. 177, 2007; No. 44, 2012; No 38, 2015

Part 5

c. 13............................................... am. No. 52, 1999; No. 45, 2005; No 103, 2013

c. 14............................................... am. No. 45, 2005

c. 15............................................... am. No. 155, 2000; No. 45, 2005; No 197, 2012

Part 6

Part 6 ............................................. ad. No. 140, 2010

c. 16............................................... ad. No. 140, 2010

c. 17............................................... ad. No. 140, 2010

c. 18............................................... ad. No. 140, 2010

c. 19............................................... ad. No. 140, 2010

c. 20............................................... ad. No. 140, 2010

Schedule 3

Part 1

Division 1

c. 2................................................. am. No. 92, 1999; No. 104, 2005; Nos. 5 and 46, 2011

Division 2

c. 5................................................. am. No. 200, 1997

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 257

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Division 3

c 6.................................................. am No 104, 2005; No 46, 2011; No 103, 2013; No 126, 2015

Division 5

c. 12............................................... am. No. 45, 2005

c. 15............................................... am. No. 104, 2005; No 103, 2013

c. 17............................................... am. No. 200, 1997; No. 92, 1999

c. 18............................................... am. No. 200, 1997

c. 19............................................... am. No. 200, 1997

Division 6

c. 21............................................... am. No. 45, 2005

c. 22............................................... am. No. 45, 2005

c. 23............................................... am. No. 45, 2005

c. 25............................................... am. No. 45, 2005

Note to c. 25(2).............................. am. No. 45, 2005

c. 26............................................... am. No. 45, 2005

c. 27............................................... am. No. 200, 1997; No. 92, 1999; Nos. 86 and 114, 2003; No. 45,

2005; No. 103, 2010; No. 44, 2012; No 109, 2014; No 38, 2015

Note to c. 27(8).............................. am. No. 46, 2011

c. 28............................................... am. No. 92, 1999; No. 86, 2003; No. 45, 2005

c. 29............................................... am. No. 45, 2005

c. 30............................................... am. No. 52, 1999

c. 31............................................... am. No. 45, 2005

c. 33............................................... am. No. 45, 2005

c. 34............................................... am. No. 45, 2005

c. 35............................................... am. No. 45, 2005

Division 8

c. 40............................................... rep. No. 114, 2003

c. 41............................................... am. No. 45, 2005

c 44................................................ am No 46, 2011; No 103, 2013; No 126, 2015

c 46................................................ am No 52, 1999; No 45, 2005; No 46, 2011; No 103, 2013; No 126,

2015

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

258 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

c. 48............................................... am. No. 45, 2005

c 49................................................ rep No 103, 2013

c. 50............................................... am. No. 45, 2005

c. 51............................................... am. No. 45, 2005

c. 55............................................... am. No. 119, 1998; No. 92, 1999; No. 45, 2005

rep No 109, 2014

Part 2

cc. 56–59 ....................................... rep. No. 45, 2005

Part 3

Part 3 ............................................. ad. No. 104, 2005

c. 62............................................... ad. No. 104, 2005

c. 63............................................... ad. No. 104, 2005

Schedule 3A

Schedule 3A .................................. ad. No. 104, 2005

Part 1

c. 1................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 2................................................. ad. No. 104, 2005

am. No. 104, 2005; No. 46, 2011; No 33, 2014

c 2A............................................... ad No 33, 2014

c 2B ............................................... ad No 33, 2014

Part 2

Division 1

c. 3................................................. ad. No. 104, 2005

am. No. 104, 2005

Division 2

Subdivision A

Heading to c. 4............................... am. No. 104, 2005

c. 4................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

Note to c. 4(2)................................ am. No. 104, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 259

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Heading to c. 5............................... am. No. 104, 2005

c. 5................................................. ad. No. 104, 2005

am. No. 104, 2005

Subheads. to c. 6(1), (2)................. am. No. 104, 2005

c. 6................................................. ad. No. 104, 2005

am. No. 104, 2005

Subhead to c 7(2)........................... rs No 33, 2014

c. 7................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 8................................................. ad. No. 104, 2005

c. 9................................................. ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 10............................................... ad. No. 104, 2005

am No 33, 2014

c. 11............................................... ad. No. 104, 2005

am No 33, 2014

c. 12............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 13............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 14............................................... ad. No. 104, 2005

am. No. 104, 2005

Subdivision B

Heading to c. 15............................. am. No. 104, 2005

c. 15............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 16............................. am. No. 104, 2005

c. 16............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 17............................. am. No. 104, 2005

rs No 33, 2014

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

260 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

c. 17............................................... ad. No. 104, 2005

am. No. 104, 2005; No. 8, 2010

rs No 33, 2014

c 17A............................................. ad No 33, 2014

c. 18............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 19............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 20............................. am. No. 104, 2005

c. 20............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 21............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 22............................................... ad. No. 104, 2005

am. No. 104, 2005

Division 3

Subdivision A

Heading to c. 23............................. am. No. 104, 2005

c. 23............................................... ad. No. 104, 2005

am. No. 104, 2005

Notes to c. 23(1), (2)...................... am. No. 104, 2005

Heading to c. 24............................. am. No. 104, 2005

c. 24............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 25............................. am. No. 104, 2005

c. 25............................................... ad. No. 104, 2005

am. No. 104, 2005

Subheads. to c. 26(1), (2)............... am. No. 104, 2005

c. 26............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 27............................................... ad. No. 104, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 261

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005

c. 28............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 29............................................... ad. No. 104, 2005

Subdivision B

Heading to c. 30............................. am. No. 104, 2005

c. 30............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 31............................. am. No. 104, 2005

c. 31............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 32............................. am. No. 104, 2005

rs No 33, 2014

c. 32............................................... ad. No. 104, 2005

am. No. 104, 2005; No. 8, 2010

rs No 33, 2014

c 32A............................................. ad No 33, 2014

c. 33............................................... ad. No. 104, 2005

am. No. 104, 2005

Heading to c. 34............................. am. No. 104, 2005

c. 34............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 35............................................... ad. No. 104, 2005

am. No. 104, 2005

Division 4

Subdivision A

c. 36............................................... ad. No. 104, 2005

am No 33, 2014

Note to c 36(2)............................... am No 33, 2014

c. 37............................................... ad. No. 104, 2005

am No 33, 2014

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

262 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

Note to c 37(2)............................... am No 33, 2014

c. 38............................................... ad. No. 104, 2005

am No 33, 2014

c. 39............................................... ad. No. 104, 2005

Note to c 39(2)............................... am No 33, 2014

Subdivision B

c. 40............................................... ad. No. 104, 2005

c. 41............................................... ad. No. 104, 2005

c. 42............................................... ad. No. 104, 2005

c. 43............................................... ad. No. 104, 2005

c. 44............................................... ad. No. 104, 2005

Note to c 44(2)............................... am No 33, 2014

Subdivision C

Sdiv C of Div 4 of Pt 2 .................. ad No 33, 2014

c 44A............................................. ad No 33, 2014

Division 5

c. 45............................................... ad. No. 104, 2005

c. 46............................................... ad. No. 104, 2005

Heading to c. 47............................. am. No. 104, 2005

c. 47............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014; No 41, 2015

c. 48............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 49............................................... ad. No. 104, 2005

am. No. 104, 2005

Part 3

Division 1

c. 50............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

Division 2

c. 51............................................... ad. No. 104, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 263

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005

rs No 33, 2014

c. 52............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 53............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 54............................................... ad. No. 104, 2005

c 54A............................................. ad No 33, 2014

c. 55............................................... ad. No. 104, 2005

am. No. 104, 2005

c 55A............................................. ad No 33, 2014

c. 56............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 57............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

c 57A............................................. ad No 33, 2014

c. 58............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

c 58A............................................. ad No 33, 2014

c. 59............................................... ad. No. 104, 2005

c. 60............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 61............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 62............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 63............................................... ad. No. 104, 2005

Division 3

c. 64............................................... ad. No. 104, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

264 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005; No 33, 2014

c. 65............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 66............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 67............................................... ad. No. 104, 2005

c 67A............................................. ad No 33, 2014

c. 68............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 69............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

Heading to c. 70............................. am. No. 104, 2005

c. 70............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

Heading to c. 71............................. am. No. 104, 2005

rs No 33, 2014

c. 71............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c. 72............................................... ad. No. 104, 2005

am. No. 104, 2005

rep No 33, 2014

c 72A............................................. ad No 33, 2014

c. 73............................................... ad. No. 104, 2005

am. No. 104, 2005

rs No 33, 2014

c 73A............................................. ad No 33, 2014

c. 74............................................... ad. No. 104, 2005

c. 75............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 76............................................... ad. No. 104, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

Telecommunications Act 1997 265

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

am. No. 104, 2005

c. 77............................................... ad. No. 104, 2005

am. No. 104, 2005

Division 4

c. 78............................................... ad. No. 104, 2005

am No 33, 2014

c. 70............................................... ad. No. 104, 2005

c. 80............................................... ad. No. 104, 2005

c. 81............................................... ad. No. 104, 2005

am. No. 104, 2005

c. 82............................................... ad. No. 104, 2005

c. 83............................................... ad. No. 104, 2005

c 83A............................................. ad No 33, 2014

Division 5

hdg to c 84..................................... rs No 33, 2014

c. 84............................................... ad. No. 104, 2005

am No 33, 2014

c 84A............................................. ad No 33, 2014

c. 85............................................... ad. No. 104, 2005

am No 33, 2014

Heading to c. 86............................. am. No. 104, 2005

rs No 33, 2014

c. 86............................................... ad. No. 104, 2005

am. No. 104, 2005; No 33, 2014

c 86A............................................. ad No 33, 2014

Part 4

c. 87............................................... ad. No. 104, 2005

c. 88............................................... ad. No. 104, 2005

Part 5

c. 89............................................... ad. No. 104, 2005

am. No. 104, 2005

Authorised Version C2017C00179 registered 30/06/2017

Endnotes

Endnote 4—Amendment history

266 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Provision affected How affected

rs No 33, 2014

Schedule 4

Schedule 4 heading........................ am No 45, 2005

Part 1

Part 1 heading................................ am No 45, 2005

c. 1................................................. am. No. 52, 1999; No. 142, 2000; No. 140, 2002; No. 35, 2004;

No 45, 2005; No. 104, 2005; No. 155, 2006; No. 44, 2012; No 33

and 109, 2014; No 38, 2015; No 145, 2015

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 (consolidated as of 23 June 2017)

Prepared by the Office of Parliamentary Counsel, Canberra

Telecommunications Act 1997

No. 47, 1997

Compilation No. 85

Compilation date: 23 June 2017

Includes amendments up to: Act No. 51, 2017

Registered: 30 June 2017

This compilation is in 2 volumes

Volume 1: sections 1–594

Volume 2: Schedules

Endnotes

Each volume has its own contents

Authorised Version C2017C00179 registered 30/06/2017

About this compilation

This compilation

This is a compilation of the Telecommunications Act 1997 that shows the text of

the law as amended and in force on 23 June 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 i

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Contents

Part 1—Introduction 1 1 Short title...........................................................................1

2 Commencement.................................................................1

3 Objects ..............................................................................1

4 Regulatory policy ..............................................................3

5 Simplified outline..............................................................3

6 Main index ........................................................................7

7 Definitions.........................................................................8

8 Crown to be bound ..........................................................22

9 Extra-territorial application .............................................22

10 Extension to external Territories .....................................22

11 Extension to offshore areas .............................................22

11A Application of the Criminal Code ...................................23

12 Act subject to Radiocommunications Act .......................23

13 Continuity of partnerships ...............................................24

14 Controlled carriage services, controlled networks

and controlled facilities ...................................................24

15 Content service................................................................25

16 Listed carriage services ...................................................26

18 Access to an emergency call service ...............................27

19 Recognised person who operates an emergency

call service.......................................................................27

20 Customer cabling.............................................................27

21 Customer equipment........................................................28

22 Customer cabling and customer equipment—

boundary of a telecommunications network ....................29

23 Immediate circle ..............................................................31

24 Extended meaning of use.................................................36

Part 2—Network units 37

Division 1—Simplified outline 37

25 Simplified outline............................................................37

Division 2—Basic definition 38

26 Single line links connecting distinct places in

Australia ..........................................................................38

27 Multiple line links connecting distinct places in

Australia ..........................................................................38

Authorised Version C2017C00179 registered 30/06/2017

ii Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

28 Designated radiocommunications facility .......................39

29 Facilities specified in Ministerial determination..............40

Division 3—Related definitions 41

30 Line links.........................................................................41

31 Designated radiocommunications facility .......................41

32 Public mobile telecommunications service......................43

33 Intercell hand-over functions...........................................44

34 When a base station is part of a terrestrial

radiocommunications customer access network..............45

35 Fixed radiocommunications link .....................................46

Division 4—Distinct places 48

36 Distinct places—basic rules ............................................48

37 Properties.........................................................................48

38 Combined areas ...............................................................49

39 Principal user of a property .............................................50

40 Eligible combined areas ..................................................50

Part 3—Carriers 51

Division 1—Simplified outline 51

41 Simplified outline............................................................51

Division 2—Prohibitions relating to carriers 52

42 Network unit not to be used without carrier licence

or nominated carrier declaration......................................52

43 Continuing offences ........................................................53

44 Supply to the public.........................................................53

45 Exemption—defence .......................................................55

46 Exemption—intelligence operations ...............................56

47 Exemption—transport authorities....................................56

48 Exemption—broadcasting services .................................57

49 Exemption—electricity supply bodies.............................59

50 Exemption—line links authorised by or under

previous laws...................................................................60

51 Exemption—Ministerial determination ...........................62

Division 3—Carrier licences 64

52 Applications for carrier licence .......................................64

53 Form of application etc....................................................64

53A Copy of application to be given to

Communications Access Co-ordinator ............................64

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 iii

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

54 Application to be accompanied by charge .......................64

55 Further information .........................................................65

56 Grant of licence ...............................................................65

56A Consultation with Communications Access

Co-ordinator ....................................................................65

57 Carrier licence has effect subject to this Act ...................67

58 Refusal of carrier licence—disqualified applicant...........67

58A Refusal of carrier licence—security ................................70

59 Time limit on licence decision.........................................71

60 Notification of refusal of application...............................73

61 Conditions of carrier licence specified in

Schedule 1 .......................................................................73

62 Condition of carrier licence set out in

section 152AZ of the Competition and Consumer

Act 2010 ..........................................................................73

62A Condition of carrier licence set out in

section 152BCO of the Competition and

Consumer Act 2010 .........................................................74

62B Condition of carrier licence set out in

section 152BDF of the Competition and Consumer

Act 2010 ..........................................................................74

62C Condition of carrier licence set out in

section 152BEC of the Competition and Consumer

Act 2010 ..........................................................................74

62D Condition of carrier licence set out in

section 152CJC of the Competition and Consumer

Act 2010 ..........................................................................74

62E Condition of carrier licence set out in section 37 of

the National Broadband Network Companies Act

2011.................................................................................75

63 Conditions of carrier licence declared by Minister..........75

64 Consultation about declared licence conditions...............76

65 Conditions about foreign ownership or control ...............77

67 Carrier licence conditions—special provisions ...............77

68 Compliance with conditions ............................................78

69 Remedial directions—breach of condition ......................78

69AA Remedial directions—breach of conditions

relating to access .............................................................80

70 Formal warnings—breach of condition ...........................81

71 Surrender of carrier licence .............................................84

72 Cancellation of carrier licence.........................................84

73 Collection of charges relating to carrier licences.............85

Authorised Version C2017C00179 registered 30/06/2017

iv Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

73A Refund of application charge...........................................87

74 Collection of charges on behalf of the

Commonwealth ...............................................................88

75 Cancellation of certain exemptions from charge .............88

76 Commonwealth not liable to charge ................................88

Division 4—Nominated carrier declarations 89

77 Applications for nominated carrier declarations..............89

78 Application to be accompanied by charge etc. ................89

79 Form of application etc....................................................89

80 Further information .........................................................89

81 Making a nominated carrier declaration ..........................90

81A Obligations of nominated carrier .....................................90

82 Notification of refusal of application...............................91

83 Revocation of nominated carrier declaration...................91

Division 5—Register of nominated carrier declarations and

carrier licences 93

84 Register of nominated carrier declarations and

carrier licences.................................................................93

Part 4—Service providers 94

Division 1—Simplified outline 94

85 Simplified outline............................................................94

Division 2—Service providers 95

86 Service providers.............................................................95

Division 3—Carriage service providers 96

87 Carriage service providers ...............................................96

88 Supply to the public.........................................................98

89 Exemption from definition—customers located on

the same premises............................................................99

90 Exemption from definition—defence ..............................99

91 Exemption from definition—intelligence

operations ......................................................................100

92 Exemption from definition—transport authorities.........100

93 Exemption from definition—broadcasting services ......101

94 Exemption from definition—electricity supply

bodies ............................................................................102

95 Exemption from definition—Ministerial

determination.................................................................102

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 v

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

96 Exemption from certain regulatory provisions—

Ministerial determination ..............................................103

Division 4—Content service providers 104

97 Content service providers ..............................................104

Division 5—Service provider rules 105

98 Service provider rules....................................................105

99 Service provider determinations....................................106

100 Exemptions from service provider rules........................107

101 Service providers must comply with service

provider rules ................................................................107

102 Remedial directions—breach of service provider

rules...............................................................................108

103 Formal warnings—breach of service provider rules......110

Part 5—Monitoring of the performance of carriers and

carriage service providers 112 104 Simplified outline..........................................................112

105 Monitoring of performance—annual report ..................112

105A Monitoring of performance—additional report .............114

105C Monitoring of breaches by Telstra of an

undertaking about structural separation.........................115

Part 6—Industry codes and industry standards 116

Division 1—Simplified outline 116

106 Simplified outline..........................................................116

Division 2—Interpretation 117

107 Industry codes ...............................................................117

108 Industry standards .........................................................117

108A Electronic messaging service provider ..........................117

108B Telecommunications industry .......................................118

109 Telecommunications activity.........................................118

109B Telemarketing activity...................................................118

109C Fax marketing activity...................................................120

110 Sections of the telecommunications industry ................122

110B Sections of the telemarketing industry ..........................124

110C Sections of the fax marketing industry ..........................124

111 Participants in a section of the telecommunications

industry..........................................................................125

Authorised Version C2017C00179 registered 30/06/2017

vi Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

111AA Participants in a section of the telemarketing

industry..........................................................................125

111AB Participants in a section of the fax marketing

industry..........................................................................126

111B Unsolicited commercial electronic messages ................126

Division 3—General principles relating to industry codes and

industry standards 127

112 Statement of regulatory policy ......................................127

113 Examples of matters that may be dealt with by

industry codes and industry standards ...........................129

114 Industry codes and industry standards may confer

powers on the Telecommunications Industry

Ombudsman ..................................................................132

115 Industry codes and industry standards not to deal

with certain design features and performance

requirements ..................................................................132

116 Industry codes and industry standards not to deal

with matters dealt with by codes and standards

under Part 9 of the Broadcasting Services Act ..............134

116A Industry codes and standards do not affect Privacy

Act 1988 ........................................................................134

Division 4—Industry codes 135

117 Registration of industry codes .......................................135

118 ACMA may request codes.............................................137

119 Publication of notice where no body or association

represents a section of the telecommunications

industry, the telemarketing industry or the fax

marketing industry.........................................................140

119A Variation of industry codes ...........................................140

119B Publication requirements for submissions .....................143

120 Replacement of industry codes......................................146

121 Directions about compliance with industry codes .........146

122 Formal warnings—breach of industry codes .................147

122A De-registering industry codes and provisions of

industry codes................................................................148

Division 5—Industry standards 149

123 ACMA may determine an industry standard if a

request for an industry code is not complied with .........149

124 ACMA may determine industry standard where no

industry body or association formed..............................150

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 vii

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

125 ACMA may determine industry standards where

industry codes fail .........................................................151

125AA ACMA must determine an industry standard if

directed by the Minister.................................................152

125A ACMA must determine certain industry standards

relating to the telemarketing industry ............................153

125B ACMA must determine certain industry standards

relating to the fax marketing industry............................154

126 Industry standards not to be determined for certain

privacy matters ..............................................................155

128 Compliance with industry standards..............................155

129 Formal warnings—breach of industry standards ...........156

130 Variation of industry standards......................................156

131 Revocation of industry standards ..................................157

132 Public consultation on industry standards .....................157

133 Consultation with ACCC and the

Telecommunications Industry Ombudsman ..................158

134 Consultation with Information Commissioner ..............158

135 Consultation with consumer body .................................159

135A Consultation with the States and Territories..................159

Division 6—Register of industry codes and industry standards 160

136 ACMA to maintain Register of industry codes and

industry standards..........................................................160

Division 6A—Reimbursement of costs of development or

variation of consumer-related industry codes 161

136A Application for eligibility for reimbursement of

costs of development or variation of

consumer-related industry code.....................................161

136B Declaration of eligibility for reimbursement of

costs of development or variation of

consumer-related industry code.....................................162

136C Reimbursement of costs of developing or varying

consumer-related industry code.....................................164

136D Costs—transactions between persons not at arm’s

length.............................................................................167

136E Refundable cost .............................................................167

Division 7—Miscellaneous 168

137 Protection from civil proceedings..................................168

138 Implied freedom of political communication ................168

Authorised Version C2017C00179 registered 30/06/2017

viii Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

139 Agreements for the carrying on of telemarketing

activities or fax marketing activities must require

compliance with this Part ..............................................168

Part 7—Layer 2 bitstream services 170 140 Simplified outline..........................................................170

141 Supply of Layer 2 bitstream services.............................170

141A Exemptions....................................................................173

141B Deemed networks ..........................................................173

141C Certain installations and connections are not taken

to be an extension, alteration or upgrade .......................175

141D Local access line............................................................175

141E Alteration.......................................................................176

141F Upgrade of telecommunications network ......................176

141G Small business customer ...............................................176

Part 8—Superfast fixed-line networks 177

Division 1—Introduction 177

142 Simplified outline..........................................................177

142A Definitions.....................................................................177

Division 2—Supply of eligible services to be on wholesale basis 180

143 Supply of eligible services to be on wholesale

basis...............................................................................180

144 Exemptions—Ministerial instrument.............................181

145 Exemption—transport authorities..................................182

146 Exemption—electricity supply bodies...........................183

147 Exemption—gas supply bodies .....................................183

148 Exemption—water supply bodies..................................184

149 Exemption—sewerage services bodies..........................184

150 Exemption—storm water drainage services bodies .......185

151 Exemption—State or Territory road authorities ............185

Division 3—Other provisions 187

152 Associate .......................................................................187

153 Control ..........................................................................188

154 Control of a company ....................................................188

155 When a person is in a position to exercise control

of a network...................................................................188

156 Deemed networks ..........................................................190

157 Certain installations and connections are not taken

to be an extension, alteration or upgrade .......................191

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 ix

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

158 Local access line............................................................192

159 Alteration.......................................................................192

160 Upgrade of telecommunications network ......................192

Part 13—Protection of communications 193

Division 1—Introduction 193

270 Simplified outline..........................................................193

271 Eligible person...............................................................193

272 Number-database operator and eligible

number-database person ................................................194

273 Information....................................................................194

274 Telecommunications contractor ....................................194

275 Number-database contractor..........................................195

275A Location information.....................................................195

275B Emergency management person....................................195

275C Emergency.....................................................................196

275D Emergency law..............................................................196

275E Relevant information.....................................................196

Division 2—Primary disclosure/use offences 197

276 Primary disclosure/use offence—eligible persons.........197

277 Primary disclosure/use offence—eligible

number-database persons...............................................199

278 Primary disclosure/use offence—emergency call

persons ..........................................................................201

Division 3—Exceptions to primary disclosure/use offences 203

Subdivision A—Exceptions 203

279 Performance of person’s duties .....................................203

280 Authorisation by or under law.......................................204

281 Witnesses.......................................................................206

284 Assisting the ACMA, the eSafety Commissioner,

the ACCC or the Telecommunications Industry

Ombudsman ..................................................................207

285 Integrated public number database ................................208

285A Data for emergency warnings........................................212

286 Calls to emergency service number...............................213

287 Threat to person’s life or health.....................................213

288 Communications for maritime purposes........................214

289 Knowledge or consent of person concerned ..................214

Authorised Version C2017C00179 registered 30/06/2017

x Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

290 Implicit consent of sender and recipient of

communication ..............................................................214

291 Business needs of other carriers or service

providers........................................................................215

291A Location dependent carriage services ............................217

292 Circumstances prescribed in the regulations .................218

293 Uses connected with exempt disclosures.......................218

294 Effect of this Subdivision ..............................................219

Subdivision B—Burden of proof 219

295 Burden of proof .............................................................219

Division 3A—Integrated public number database authorisations 220

Subdivision A—ACMA scheme for the granting of authorisations 220

295A ACMA to make integrated public number database

scheme...........................................................................220

295B Scheme must deal with certain matters .........................220

295C Applications may be treated differently ........................221

295D Scope of authorisations .................................................221

295E Provisional and final authorisations ..............................221

295F Conditions .....................................................................221

295G Varying or revoking authorisations ...............................221

295H Scheme may confer administrative powers on the

ACMA...........................................................................222

295J Ancillary or incidental provisions .................................222

295K Scheme-making power not limited................................222

295L Variation of scheme.......................................................222

295M Consultation ..................................................................222

Subdivision B—Ministerial instruments 223

295N Criteria for deciding authorisation applications.............223

295P Conditions .....................................................................223

295Q Other reviewable decisions............................................224

Subdivision C—Enforcing compliance with conditions of

authorisations 224

295R Offence of breaching a condition ..................................224

295S Remedial directions for breaching a condition ..............224

295T Formal warnings for breaching a condition ...................225

Subdivision D—Report to Minister 225

295U Report to Minister .........................................................225

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xi

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3B—Emergency warnings 226

295V Use or disclosure of information by emergency

management persons .....................................................226

295W Use or disclosure of information by other persons ........227

295X Effect on telecommunications network .........................227

295Y Coronial and other inquiries ..........................................227

295Z Offence—use or disclosure of information by

emergency management persons ...................................228

295ZA Offence—use or disclosure of information by

other persons .................................................................228

295ZB Reports of access ...........................................................229

295ZC Annual reports to the ACMA and Information

Commissioner ...............................................................229

295ZD Arrangements with States and Territories .....................230

295ZE Commonwealth immunity .............................................230

Division 4—Secondary disclosure/use offences 231

296 Performance of person’s duties .....................................231

297 Authorisation by or under law.......................................231

299 Assisting the ACMA, the eSafety Commissioner,

the ACCC or the Telecommunications Industry

Ombudsman ..................................................................231

299A Integrated public number database ................................232

300 Threat to person’s life or health.....................................233

301 Communications for maritime purposes........................234

302 Business needs of other carriers or service

providers........................................................................234

302A Location dependent carriage services ............................235

303 Secondary offence—contravening this Division ...........235

303A Generality of Division not limited.................................235

Division 4A—Relationship with the Privacy Act 1988 236

303B Acts taken to be authorised by this Act for

purposes of Privacy Act ................................................236

303C Prosecution of an offence against this Part does

not affect proceedings under the Privacy Act 1988 .......236

Division 5—Record-keeping requirements 237

304 Associate .......................................................................237

305 Authorisations under the Telecommunications

(Interception and Access) Act 1979 ...............................237

306 Record of disclosures—general.....................................237

Authorised Version C2017C00179 registered 30/06/2017

xii Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

306A Record of disclosures—prospective authorisation

under the Telecommunications (Interception and

Access) Act 1979 ...........................................................239

307 Incorrect records............................................................240

308 Annual reports to the ACMA by carriers, carriage

service providers or number-database operators............241

309 Monitoring by the Information Commissioner ..............241

Division 6—Instrument-making powers not limited 243

310 Instrument-making powers not limited..........................243

Part 14—National interest matters 244 311 Simplified outline..........................................................244

312 ACMA’s obligations .....................................................244

313 Obligations of carriers and carriage service

providers........................................................................245

314 Terms and conditions on which help is to be given.......247

315 Suspension of supply of carriage service in an

emergency .....................................................................249

316 Generality of Part not limited ........................................250

Part 16—Defence requirements and disaster plans 251

Division 1—Introduction 251

333 Simplified outline..........................................................251

334 Defence authority ..........................................................251

Division 2—Supply of carriage services 252

335 Requirement to supply carriage services for

defence purposes or for the management of natural

disasters .........................................................................252

Division 3—Defence planning 254

336 Definitions.....................................................................254

337 Preparation of draft agreement ......................................254

338 ACMA’s certification of draft agreement......................255

339 Requirement to enter into certified agreement ..............256

340 Compliance with agreement ..........................................256

341 Withdrawal of certification of agreement ......................256

342 Duration of agreement...................................................257

343 Variation of agreement ..................................................257

Division 4—Disaster plans 259

344 Designated disaster plans ..............................................259

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xiii

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

345 Carrier licence conditions about designated

disaster plans .................................................................259

346 Service provider determinations about designated

disaster plans .................................................................259

346A Carrier and carriage service provider immunity ............259

Division 5—Delegation 261

347 Delegation .....................................................................261

Part 17—Pre-selection in favour of carriage service providers 262 348 Simplified outline..........................................................262

349 Requirement to provide pre-selection............................262

350 When pre-selection is provided in favour of a

carriage service provider ...............................................268

350A Declared carriage services .............................................269

351 Pre-selection to be provided ..........................................270

352 Exemptions from requirement to provide

pre-selection ..................................................................271

353 Use of over-ride dial codes............................................271

Part 18—Calling line identification 273 354 Simplified outline..........................................................273

355 Calling line identification ..............................................273

356 Exemptions from calling line identification

requirement ...................................................................273

Part 20—International aspects of activities of the

telecommunications industry 275

Division 1—Simplified outline 275

364 Simplified outline..........................................................275

Division 2—Compliance with international agreements 276

365 INTELSAT and Inmarsat—directions to

Signatories.....................................................................276

366 Compliance with conventions .......................................276

Division 3—Rules of conduct about dealings with international

telecommunications operators 278

367 Rules of conduct about dealings with international

telecommunications operators .......................................278

368 ACCC to administer Rules of Conduct .........................280

369 Rules of Conduct to bind carriers and carriage

service providers ...........................................................281

Authorised Version C2017C00179 registered 30/06/2017

xiv Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

370 Unenforceability of agreements.....................................281

371 Investigations by the ACCC..........................................281

372 Reviews of the operation of this Division .....................282

Part 20A—Deployment of optical fibre etc. 283

Division 1—Simplified outline 283

372A Simplified outline..........................................................283

Division 2—Deployment of optical fibre lines 285

372B Deployment of optical fibre lines to building lots .........285

372C Deployment of optical fibre lines to building units .......287

372D Exemptions—Ministerial instrument.............................289

Division 3—Installation of fibre-ready facilities 290

Subdivision A—Installation obligations 290

372E Installation of fibre-ready facilities—building lots........290

372F Installation of fibre-ready facilities—building

units...............................................................................291

Subdivision B—Sale of building lots and building units 293

372G Sale of building lots and building units—

subdivisions...................................................................293

372H Sale of building units—other projects ...........................295

Subdivision C—NBN Co may issue statement about the

non-installation of optical fibre lines 297

372J NBN Co may issue statement about the

non-installation of optical fibre lines.............................297

372JA Register of Statements about the Non-installation

of Optical Fibre Lines....................................................298

Subdivision D—Exemptions 298

372K Exemptions—Ministerial instrument.............................298

Division 4—Third party access regime 301

372L Third party access regime..............................................301

372M Terms and conditions of access .....................................303

372N Exemptions—Ministerial instrument.............................304

372NA Code relating to access ..................................................304

Division 5—Exemption of certain projects 306

372P Exemption of certain projects........................................306

Division 6—Miscellaneous 307

372Q Real estate development projects etc. ............................307

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xv

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

372R Subdivision of an area of land .......................................309

372S Building units ................................................................309

372T Sale of building lots.......................................................309

372U Sale of building units.....................................................310

372V Fixed-line facilities........................................................310

372W Fibre-ready facility ........................................................311

372X Installation of a facility..................................................311

372Y Installation of a fibre-ready facility in proximity to

a building lot or building unit ........................................311

372Z Sewerage services, electricity or water supplied to

a building lot or building unit ........................................312

372ZA Supply to the public.......................................................313

372ZB Concurrent operation of State and Territory laws..........314

372ZD NBN Co.........................................................................314

Part 21—Technical regulation 315

Division 1—Simplified outline 315

373 Simplified outline..........................................................315

Division 2—Interpretative provisions 317

374 Part applies to networks or facilities in Australia

operated by carriers or carriage service providers .........317

375 Manager of network or facility......................................317

Division 3—Technical standards about customer equipment and

customer cabling 318

376 ACMA’s power to make technical standards ................318

376A ACMA must make technical standards if directed

by the Minister ..............................................................320

377 Adoption of voluntary standards ...................................320

378 Procedures for making technical standards ...................320

379 Making technical standards in cases of urgency............321

Division 4—Disability standards 323

380 Disability standards .......................................................323

381 Adoption of voluntary standards ...................................323

382 Procedures for making disability standards ...................324

383 Effect of compliance with disability standards..............325

Division 5—Technical standards about the interconnection of

facilities 326

384 ACMA’s power to make technical standards ................326

Authorised Version C2017C00179 registered 30/06/2017

xvi Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

385 Adoption of voluntary standards ...................................327

386 Procedures for making technical standards ...................327

387 Procedures for making technical standards ...................328

388 Provision of access ........................................................329

389 Promotion of the long-term interests of end-users

of carriage services and of services supplied by

means of carriage services.............................................329

Division 5A—Technical standards relating to Layer 2 bitstream

services 330

389A ACMA’s power to determine technical standards .........330

389B Compliance with technical standards ............................330

Division 6—Connection permits and connection rules 332

Subdivision A—Connection permits authorising the connection of

non-standard customer equipment and

non-standard cabling 332

390 Application for connection permit.................................332

391 Form of application .......................................................332

392 Application to be accompanied by charge .....................333

393 Further information .......................................................333

394 Issue of connection permits ...........................................333

395 Connection permit has effect subject to this Act ...........334

396 Nominees of holder .......................................................334

397 Duration of connection permits .....................................334

398 Conditions of connection permits..................................335

399 Offence of contravening condition ................................335

400 Formal warnings—breach of condition .........................336

401 Surrender of connection permit .....................................336

402 Cancellation of connection permit.................................336

403 Register of connection permits ......................................337

Subdivision B—Connection rules 338

404 Connection rules............................................................338

405 Procedures for making connection rules........................338

Division 7—Labelling of customer equipment and customer

cabling 340

406 Application of labels .....................................................340

406A Application of Division to agent of manufacturer

or importer.....................................................................340

407 Labelling requirements..................................................340

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xvii

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

408 Requirements to apply labels—ancillary matters ..........341

409 Recognised testing authorities and competent

bodies ............................................................................343

410 Certification bodies .......................................................343

411 Connection of customer equipment or customer

cabling—breach of section 376 standards .....................343

412 Connection of labelled customer equipment or

customer cabling not to be refused ................................345

413 Supply of unlabelled customer equipment or

unlabelled customer cabling ..........................................347

414 Applying labels before satisfying requirements

under subsection 408(5) ................................................347

415 Failure to retain records etc. ..........................................348

416 Application of labels containing false statements

about compliance with standards...................................349

Division 8—Protected symbols 350

417 Protected symbols .........................................................350

Division 9—Cabling providers 354

418 Cabling work.................................................................354

419 Types of cabling work ...................................................354

420 Prohibition of unauthorised cabling work .....................354

421 Cabling provider rules ...................................................355

422 Procedures for making cabling provider rules ...............356

423 Application for cabling licence......................................357

424 Form of application .......................................................357

425 Application to be accompanied by charge .....................357

426 Further information .......................................................357

427 Grant of cabling licence ................................................357

428 Time limit on licence decision.......................................358

429 Notification of refusal of application.............................359

430 Cabling licence has effect subject to this Act ................359

431 Duration of cabling licence ...........................................359

432 Conditions of cabling licence ........................................359

433 Procedures for changing licence conditions ..................360

434 Offence in relation to contravening condition ...............360

435 Formal warnings—breach of condition .........................361

436 Surrender of cabling licence..........................................361

437 Suspension of cabling licence .......................................362

438 Cancellation of cabling licence......................................362

Authorised Version C2017C00179 registered 30/06/2017

xviii Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

439 ACMA may limit application of Division in

relation to customer cabling ..........................................363

440 Ministerial directions.....................................................363

441 Delegation .....................................................................364

442 Register of cabling licences...........................................365

Division 10—Remedies for unauthorised connections to

telecommunications networks etc. 366

443 Civil action for unauthorised connections to

telecommunications networks etc..................................366

444 Remedy for contravention of labelling

requirements ..................................................................367

445 Remedies for connection of unlabelled customer

equipment or unlabelled customer cabling ....................368

446 Disconnection of dangerous customer equipment

or customer cabling .......................................................370

447 Disconnection of customer equipment or customer

cabling—protection of the integrity of networks

and facilities ..................................................................372

448 Civil action for dangerous connections to

telecommunications networks etc..................................373

449 Other remedies not affected...........................................374

Division 11—Prohibited customer equipment and prohibited

customer cabling 375

450 Declaration of prohibited customer equipment or

prohibited customer cabling ..........................................375

452 Operation of prohibited customer equipment or

customer cabling ...........................................................375

Division 12—Pre-commencement labels 377

453 Pre-commencement labels.............................................377

Division 13—Penalties payable instead of prosecution 378

453A Penalties payable instead of prosecution .......................378

Part 22—Numbering of carriage services and regulation of

electronic addressing 379

Division 1—Simplified outline 379

454 Simplified outline..........................................................379

Division 2—Numbering of carriage services 380

Subdivision A—Numbering plan 380

455 Numbering plan.............................................................380

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xix

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

456 Numbering plan—supply to the public..........................382

457 Numbering plan—allocation otherwise than in

accordance with an allocation system............................382

458 Numbering plan—rules about portability of

allocated numbers..........................................................382

459 ACMA to administer numbering plan ...........................383

460 Consultation about numbering plan...............................383

461 Consultation with ACCC...............................................384

462 Compliance with the numbering plan............................385

Subdivision B—Allocation system for numbers 386

463 Allocation system for numbers......................................386

464 Consultation about an allocation system .......................387

Subdivision C—Miscellaneous 388

465 Register of allocated numbers .......................................388

466 Emergency service numbers..........................................389

467 Delegation .....................................................................390

468 Collection of numbering charges...................................391

469 Collection of charges on behalf of the

Commonwealth .............................................................393

470 Cancellation of certain exemptions from charge ...........393

471 Commonwealth not liable to charge ..............................393

472 Integrated public number database ................................394

473 Letters and symbols taken to be numbers ......................395

Division 3—Regulation of electronic addressing 396

474 Declared manager of electronic addressing ...................396

475 ACMA may give directions to declared manager

of electronic addressing.................................................396

476 ACCC may give directions to declared manager of

electronic addressing .....................................................397

477 ACCC’s directions to prevail over the ACMA’s

directions.......................................................................399

Part 23—Standard agreements for the supply of carriage

services 400 478 Simplified outline..........................................................400

479 Standard terms and conditions apply unless

excluded ........................................................................400

482 Concurrent operation of State/Territory laws ................401

483 Competition and Consumer Act not affected by

this Part .........................................................................402

Authorised Version C2017C00179 registered 30/06/2017

xx Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 24—Carriers’ powers and immunities 403 484 Schedule 3 .....................................................................403

Part 24A—Submarine cables 404 484A Schedule 3A ..................................................................404

Part 25—Public inquiries 405

Division 1—Simplified outline 405

485 Simplified outline..........................................................405

Division 2—Inquiries by the ACMA 406

486 When inquiry must be held............................................406

487 When inquiry may be held ............................................406

488 Informing the public about an inquiry ...........................407

489 Discussion paper ...........................................................407

490 Written submissions and protection from civil

actions ...........................................................................408

491 Hearings ........................................................................408

492 Hearing to be in public except in exceptional cases ......409

493 Confidential material not to be published......................410

494 Direction about private hearings....................................411

495 Reports on inquiries.......................................................412

Division 3—Inquiries by the ACCC 413

496 When inquiry must be held............................................413

497 When inquiry may be held ............................................413

498 Informing the public about an inquiry ...........................413

499 Discussion paper ...........................................................414

500 Written submissions and protection from civil

actions ...........................................................................414

501 Hearings ........................................................................415

502 Hearing to be in public except in exceptional cases ......416

503 Confidential material not to be published......................416

504 Direction about private hearings....................................417

505 Reports on inquiries.......................................................418

505A ACCC may use material presented to a previous

public inquiry ................................................................419

505B ACCC may adopt a finding from a previous public

inquiry ...........................................................................420

506 ACCC’s other powers not limited .................................420

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xxi

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 26—Investigations 421 507 Simplified outline..........................................................421

508 Matters to which this Part applies..................................421

509 Complaints to the ACMA..............................................422

510 Investigations by the ACMA.........................................424

511 Preliminary inquiries .....................................................425

512 Conduct of investigations ..............................................425

513 Complainant and certain other persons to be

informed of various matters...........................................426

514 Reference of matters to Ombudsman or other

responsible person .........................................................427

515 Reference of matters to the ACCC ................................428

515A Reference of matters to Information Commissioner......429

516 Reports on investigations ..............................................431

517 Publication of reports ....................................................431

518 Person adversely affected by report to be given

opportunity to comment ................................................432

519 Protection from civil actions .........................................432

Part 27—The ACMA’s information-gathering powers 434

Division 1—Simplified outline 434

520 Simplified outline..........................................................434

Division 2—Information-gathering powers 435

521 The ACMA may obtain information and

documents from carriers and service providers .............435

522 The ACMA may obtain information and

documents from other persons.......................................436

523 Copying documents—reasonable compensation ...........438

524 Self-incrimination..........................................................438

525 Giving false or misleading information or

evidence ........................................................................439

527 Copies of documents .....................................................439

528 ACMA may retain documents.......................................439

Division 3—Record-keeping rules 441

529 ACMA may make record-keeping rules........................441

530 Compliance with record-keeping rules..........................442

531 Incorrect records............................................................442

Authorised Version C2017C00179 registered 30/06/2017

xxii Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 28—Enforcement 443

Division 1—Introduction 443

532 Simplified outline..........................................................443

532A References to the Spam Act 2003 ..................................444

Division 2—Inspectors and identity cards 445

533 Inspectors ......................................................................445

534 Identity cards .................................................................446

Division 3—Search warrants relating to breaches of the Spam

Act 2003 or Part 21 of this Act 447

535 Magistrate may issue warrant ........................................447

536 Reasonable grounds for issuing warrant etc. .................448

537 Contents of warrant .......................................................448

538 Warrants may be issued by telephone etc. .....................448

539 Provisions relating to issue of warrant by

telephone etc..................................................................448

540 Proceedings involving warrant issued by telephone

etc. .................................................................................450

Division 4—Searches and seizures relating to breaches of the

Spam Act 2003 or Part 21 of this Act 451

541 When is a thing connected with an offence? .................451

541A When is a thing connected with a breach of the

Spam Act 2003?.............................................................451

542 Searches and seizures ....................................................451

543 Production of identity card etc.......................................452

544 Evidence of commission of other offences against

Part 21 of this Act or other breaches of the Spam

Act 2003 ........................................................................453

545 Emergency entry, search and seizure.............................454

546 Retention of things seized .............................................455

Division 5—Searches to monitor compliance with Part 21 456

547 Searches to monitor compliance with Part 21 ...............456

Division 5A—Searches to monitor compliance with the Spam

Act 2003 457

547A Powers available to inspectors for monitoring

compliance ....................................................................457

547B Monitoring powers ........................................................457

547C Production of identity card etc.......................................459

547D Monitoring warrants ......................................................459

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xxiii

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

547E Details of warrant to be given to occupier etc. ..............461

547F Announcement before entry ..........................................461

547G Compensation for damage to equipment .......................461

547H Occupier entitled to be present during search................462

Division 5B—Access to computer data that is relevant to the

Spam Act 2003 464

547J Access to computer data that is relevant to the

Spam Act 2003...............................................................464

Division 6—Other powers of inspectors 466

548 General powers of inspectors ........................................466

549 Power to require information etc. ..................................467

550 Retention of documents.................................................469

Division 7—Forfeiture 470

551 Court may order forfeiture.............................................470

552 Forfeited goods may be sold..........................................470

Division 8—Future offences 471

553 Offences that are going to be committed .......................471

Part 29—Review of decisions 472 554 Simplified outline..........................................................472

555 Decisions that may be subject to reconsideration

by the ACMA................................................................472

556 Deadlines for reaching certain decisions .......................472

557 Statements to accompany notification of decisions .......473

558 Applications for reconsideration of decisions................473

559 Reconsideration by the ACMA .....................................474

560 Deadlines for reconsiderations ......................................474

561 Statements to accompany notification of decisions

on reconsideration .........................................................474

562 Review by the Administrative Appeals Tribunal...........475

Part 30—Injunctions 476 563 Simplified outline..........................................................476

564 Injunctions.....................................................................476

565 Interim injunctions ........................................................479

566 Discharge etc. of injunctions .........................................480

567 Certain limits on granting injunctions not to apply .......480

568 Other powers of the court unaffected ............................481

Authorised Version C2017C00179 registered 30/06/2017

xxiv Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 31—Civil penalties 482 569 Simplified outline..........................................................482

570 Pecuniary penalties for contravention of civil

penalty provisions .........................................................482

571 Civil action for recovery of pecuniary penalties............484

572 Criminal proceedings not to be brought for

contravention of civil penalty provisions ......................486

Part 31A—Enforceable undertakings 487 572A Simplified outline..........................................................487

572B Acceptance of undertakings ..........................................487

572C Enforcement of undertakings ........................................488

Part 31B—Infringement notices for contraventions of civil

penalty provisions 489 572D Simplified outline..........................................................489

572E When an infringement notice can be given ...................489

572F Matters to be included in an infringement notice ..........493

572G Amount of penalty.........................................................494

572H Withdrawal of an infringement notice ...........................494

572J What happens if the penalty is paid...............................495

572K Effect of this Part on civil proceedings..........................495

572L Appointment of authorised infringement notice

officer ............................................................................496

572M Guidelines relating to infringement notices...................496

572N Regulations....................................................................497

Part 32—Vicarious liability 498 573 Simplified outline..........................................................498

574 Proceedings under this Act ............................................498

574A Definition ......................................................................498

575 Liability of corporations ................................................499

576 Liability of persons other than corporations ..................500

Part 33—Voluntary undertakings given by Telstra 502

Division 1—Introduction 502

577 Simplified outline..........................................................502

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xxv

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Structural separation 503

Subdivision A—Undertaking about structural separation 503

577A Acceptance of undertaking about structural

separation ......................................................................503

577AA Acceptance of undertaking about structural

separation may be subject to the occurrence of

events ............................................................................508

577AB When undertaking about structural separation

comes into force ............................................................510

577AC Publication requirements for undertaking about

structural separation ......................................................511

577AD Compliance with undertaking about structural

separation ......................................................................512

577B Variation of undertaking about structural

separation ......................................................................512

577BA Authorised conduct—subsection 51(1) of the

Competition and Consumer Act 2010............................513

Subdivision B—Migration plan 520

577BB Migration plan principles ..............................................520

577BC Migration plan...............................................................521

577BD Approval of draft migration plan by the ACCC—

plan given after undertaking about structural

separation comes into force ...........................................523

577BDA Approval of draft migration plan by the ACCC—

plan given before undertaking about structural

separation comes into force ...........................................525

577BDB Approval of draft migration plan by the ACCC—

plan given in compliance with a direction .....................527

577BDC Approval of draft migration plan by the ACCC—

plan given in response to a request ................................528

577BE Effect of approval of draft migration plan .....................530

577BF Variation of final migration plan ...................................531

Division 3—Hybrid fibre-coaxial networks 533

577C Acceptance of undertaking about hybrid

fibre-coaxial networks ...................................................533

577CA Acceptance of undertaking about hybrid

fibre-coaxial networks may be subject to the

occurrence of events ......................................................534

577CB When undertaking about hybrid fibre-coaxial

networks comes into force.............................................536

Authorised Version C2017C00179 registered 30/06/2017

xxvi Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

577CC Publication requirements for undertaking about

hybrid fibre-coaxial networks........................................537

577CD Compliance with undertaking about hybrid

fibre-coaxial networks ...................................................538

577D Variation of undertaking about hybrid

fibre-coaxial networks ...................................................538

Division 4—Subscription television broadcasting licences 540

577E Acceptance of undertaking about subscription

television broadcasting licences ....................................540

577EA Acceptance of undertaking about subscription

television broadcasting licences may be subject to

the occurrence of events ................................................541

577EB When undertaking about subscription television

broadcasting licences comes into force .........................543

577EC Publication requirements for undertaking about

subscription television broadcasting licences ................544

577ED Compliance with undertaking about subscription

television broadcasting licences ....................................545

577F Variation of undertaking about subscription

television broadcasting licences ....................................545

Division 5—Enforcement of undertakings 547

577G Enforcement of undertakings ........................................547

Division 6—Limits on allocation of spectrum licences etc. 549

577GA Excluded spectrum regime ............................................549

577H Designated part of the spectrum ....................................549

577J Limits on allocation of certain spectrum licences

to Telstra........................................................................549

577K Limits on use of certain spectrum licences by

Telstra............................................................................552

577L Limits on assignment of certain spectrum licences

to Telstra etc. .................................................................554

Division 7—Other provisions 556

577M Associate .......................................................................556

577N Control ..........................................................................557

577P Control of a company ....................................................557

577Q When Telstra is in a position to exercise control of

a network.......................................................................557

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 xxvii

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 34—Special provisions relating to conventions and

directions 560 579 Simplified outline..........................................................560

580 ACMA must have regard to conventions ......................560

581 Power to give directions to carriers and service

providers........................................................................561

Part 35—Miscellaneous 563 582 Simplified outline..........................................................563

583 Penalties for certain continuing offences.......................564

584 Procedure relating to certain continuing offences .........565

585 Treatment of partnerships..............................................565

586 Giving of documents to partnerships.............................566

587 Nomination of address for service of documents ..........567

588 Service of summons or process on foreign

corporations—criminal proceedings..............................567

589 Instruments under this Act may provide for

matters by reference to other instruments......................568

590 Arbitration—acquisition of property .............................570

591 Compensation—constitutional safety net ......................570

592 Act not to affect performance of State or Territory

functions........................................................................571

593 Funding of consumer representation, and of

research, in relation to telecommunications ..................571

594 Regulations....................................................................572

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 1

Telecommunications Act 1997 1

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

An Act about telecommunications, and for related

purposes

Part 1—Introduction

1 Short title

This Act may be cited as the Telecommunications Act 1997.

2 Commencement

(1) The following provisions of this Act commence on the day on

which this Act receives the Royal Assent:

(a) this Part;

(b) Part 2;

(d) Division 3 of Part 25;

(f) section 589;

(g) section 594.

(2) Sections 52 to 55 (inclusive) commence on 5 June 1997.

(3) The remaining provisions of this Act commence on 1 July 1997.

3 Objects

(1) The main object of this Act, when read together with Parts XIB

and XIC of the Competition and Consumer Act 2010, is to provide

a regulatory framework that promotes:

(a) the long-term interests of end-users of carriage services or of

services provided by means of carriage services; and

(b) the efficiency and international competitiveness of the

Australian telecommunications industry; and

that enhance the welfare of Australians.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 3

2 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The other objects of this Act, when read together with Parts XIB

and XIC of the Competition and Consumer Act 2010, are as

follows:

(a) to ensure that standard telephone services and payphones are:

(i) reasonably accessible to all people in Australia on an

equitable basis, wherever they reside or carry on

business; and

(ii) are supplied as efficiently and economically as

practicable; and

(iii) are supplied at performance standards that reasonably

meet the social, industrial and commercial needs of the

Australian community;

services and content services;

(d) to promote the development of an Australian

telecommunications industry that is efficient, competitive

and responsive to the needs of the Australian community;

(e) to promote the effective participation by all sectors of the

Australian telecommunications industry in markets (whether

in Australia or elsewhere);

(f) to promote:

(i) the development of the technical capabilities and skills

of the Australian telecommunications industry; and

(ii) the development of the value-adding and

export-oriented activities of the Australian

telecommunications industry; and

(iii) research and development that contributes to the growth

of the Australian telecommunications industry;

(g) to promote the equitable distribution of benefits from

improvements in the efficiency and effectiveness of:

(i) the provision of telecommunications networks and

facilities; and

(ii) the supply of carriage services;

(h) to provide appropriate community safeguards in relation to

telecommunications activities and to regulate adequately

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 4

Telecommunications Act 1997 3

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

participants in sections of the Australian telecommunications

industry;

(i) to promote the placement of lines underground, taking into

account economic and technical issues, where placing such

lines underground is supported by the affected community;

(j) to promote responsible practices in relation to the sending of

commercial electronic messages;

(k) to promote responsible practices in relation to the making of

telemarketing calls;

(l) to promote responsible practices in relation to the sending of

marketing faxes.

4 Regulatory policy

The Parliament intends that telecommunications be regulated in a

manner that:

(a) promotes the greatest practicable use of industry

self-regulation; and

(b) does not impose undue financial and administrative burdens

on participants in the Australian telecommunications

industry;

but does not compromise the effectiveness of regulation in

achieving the objects mentioned in section 3.

5 Simplified outline

The following is a simplified outline of this Act:

• This Act sets up a system for regulating telecommunications.

• The main entities regulated by this Act are carriers and

service providers.

• A carrier is the holder of a carrier licence granted under this

Act.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 5

4 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• The owner of a network unit that is used to supply carriage

services to the public must hold a carrier licence unless

responsibility for the unit is transferred from the owner to a

carrier.

• There are 4 types of network unit:

(a) a single line link connecting distinct places in

Australia, where the line link meets certain

minimum distance requirements;

(b) multiple line links connecting distinct places in

Australia, where the line links meet certain

minimum distance requirements;

(d) a facility specified in a Ministerial determination.

• Carrier licences are subject to conditions.

• There are 2 types of service provider:

(a) a carriage service provider;

(b) a content service provider.

• A carriage service provider is a person who supplies, or

proposes to supply, certain carriage services.

• A content service provider is a person who supplies, or

proposes to supply, certain content services.

• Service providers must comply with the service provider

rules.

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 5

Telecommunications Act 1997 5

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• The Australian Communications and Media Authority

(ACMA) is to monitor, and report each year to the Minister

on, significant matters relating to the performance of carriers

and carriage service providers.

• Bodies and associations that represent sections of the

telecommunications industry, the telemarketing industry or

the fax marketing industry may develop industry codes.

• Industry codes may be registered by the ACMA.

• Compliance with an industry code is voluntary unless the

ACMA directs a particular participant in the

telecommunications industry, the telemarketing industry or

the fax marketing industry to comply with the code.

• The ACMA has a reserve power to make an industry standard

if there are no industry codes or if an industry code is

deficient.

• Compliance with industry standards is mandatory.

• Carriers and carriage service providers must protect the

confidentiality of communications.

• The ACMA, carriers and carriage service providers must do

their best to prevent telecommunications networks and

facilities from being used to commit offences.

• Carriers and carriage service providers must ensure that it is

possible to execute a warrant issued under the

Telecommunications (Interception and Access) Act 1979.

• Carriage service providers may be required to supply carriage

services for defence purposes or for the management of

natural disasters.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 5

6 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• A carrier or carriage service provider may be required to enter

into an agreement with the Commonwealth about:

(a) planning for network survivability; or

(b) operational requirements in times of crisis.

• The ACMA may require certain carriers and carriage service

providers to provide pre-selection in favour of carriage service

providers in relation to calls made using a standard telephone

service.

• The ACMA must require certain carriers and carriage service

providers to provide pre-selection in favour of carriage service

providers in relation to calls made using a declared carriage

service.

• Carriers and carriage service providers may be required to

comply with certain international conventions.

• The Minister may make Rules of Conduct about dealings with

international telecommunications operators.

• Provision is made for the technical regulation of customer

equipment, customer cabling and cabling work.

• The ACMA may regulate numbering by means of a

numbering plan.

• Provision is made for standard agreements for the supply of

carriage services.

• The ACMA and the ACCC may hold public inquiries about

certain matters relating to telecommunications.

• The ACMA may investigate certain matters relating to

telecommunications.

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 6

Telecommunications Act 1997 7

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• Certain switching systems must be capable of providing

calling line identification.

• Provision is made for the following ancillary matters:

(a) information-gathering powers;

(b) powers of search, entry and seizure;

(d) injunctions.

6 Main index

The following is a main index to this Act:

Main Index

Item Topic Provisions

2 Calling line identification Part 18

3 Carriers’ powers and immunities Part 24, Schedule 3

4 Carrier licence conditions Part 3, Schedule 1

5 Carriers Part 3

6 Communications, protection of Part 13

8 Decisions, review of Part 29, Schedule 4

9 Defence requirements and disaster plans Part 16

10 Enforceable undertakings Part 31A

11 Enforcement Part 28

12 Industry codes and industry standards Part 6

13 Information-gathering powers Part 27

14 Injunctions Part 30

15 Inquiries, public Part 25

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

8 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Main Index

Item Topic Provisions

16 International aspects Part 20

17 Investigations Part 26

19 Liability, vicarious Part 32

21 National interest matters Part 14

22 Network units Part 2

23 Numbering and electronic addressing Part 22

24 Penalties, civil Part 31

25 Performance of carriers and carriage service

providers, monitoring of

Part 5

26 Pre-selection Part 17

28 Service provider rules Part 4, Schedule 2

29 Service providers Part 4

30 Standard agreements for the supply of carriage

services

Part 23

32 Technical regulation Part 21

7 Definitions

In this Act, unless the contrary intention appears:

ACCC means the Australian Competition and Consumer

Commission.

ACCC’s telecommunications functions and powers means the

functions and powers conferred on the ACCC by or under:

(a) this Act; or

(b) the Telecommunications (Consumer Protection and Service

Standards) Act 1999; or

(ba) the National Broadband Network Companies Act 2011; or

(d) Part XIC of the Competition and Consumer Act 2010; or

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 9

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(e) any other provision of the Competition and Consumer Act

2010, in so far as that provision applies to a matter connected

with telecommunications.

For this purpose, telecommunications means the carriage of

communications by means of guided and/or unguided

electromagnetic energy.

access, in relation to an emergency call service, has a meaning

affected by section 18.

ACMA means the Australian Communications and Media

Authority.

ACMA’s telecommunications functions means the functions that

are telecommunications functions, in relation to the ACMA, for the

purposes of the Australian Communications and Media Authority

Act 2005.

ACMA’s telecommunications powers means the powers conferred

on the ACMA by:

(a) this Act; or

(b) the Telecommunications (Consumer Protection and Service

Standards) Act 1999; or

(ba) Chapter 4 or 5 of the Telecommunications (Interception and

Access) Act 1979; or

(ca) the Do Not Call Register Act 2006; or

(d) Part XIC of the Competition and Consumer Act 2010; or

(e) section 12 of the Australian Communications and Media

Authority Act 2005, in so far as that section relates to the

ACMA’s telecommunications functions.

ACNC type of entity means an entity that meets the description of a

type of entity in column 1 of the table in subsection 25-5(5) of the

Australian Charities and Not-for-profits Commission Act 2012.

aircraft includes a balloon.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

10 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Australia, when used in a geographical sense, includes the eligible

Territories.

Australian number has the same meaning as in the Do Not Call

Register Act 2006.

authorised infringement notice officer means:

(a) the Chair of the ACMA; or

(b) a member of the staff of the ACMA appointed under

section 572L.

base station that is part of a terrestrial radiocommunications

customer access network has the meaning given by section 34.

broadcasting service has the same meaning as in the Broadcasting

Services Act 1992.

building lot has the meaning given by section 372Q.

building unit has the meaning given by section 372S.

cabling licence means a licence granted under section 427.

carriage service means a service for carrying communications by

means of guided and/or unguided electromagnetic energy.

carriage service intermediary means a person who is a carriage

service provider under subsection 87(5).

carriage service provider has the meaning given by section 87.

carrier means the holder of a carrier licence.

carrier licence means a licence granted under section 56.

carry includes transmit, switch and receive.

civil penalty provision means:

(a) a provision of this Act that is declared by this Act to be a

civil penalty provision; or

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 11

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a provision of the Telecommunications (Consumer Protection

and Service Standards) Act 1999 that is declared by that Act

to be a civil penalty provision; or

Access) Act 1979 that is declared by that Act to be a civil

penalty provision for the purposes of this Act.

commercial electronic message has the same meaning as in the

Spam Act 2003.

communications includes any communication:

(a) whether between persons and persons, things and things or

persons and things; and

(b) whether in the form of speech, music or other sounds; and

(d) whether in the form of text; and

(e) whether in the form of visual images (animated or

otherwise); and

(f) whether in the form of signals; and

(g) whether in any other form; and

(h) whether in any combination of forms.

Communications Access Co-ordinator has the meaning given by

section 6R of the Telecommunications (Interception and Access)

Act 1979.

connected, in relation to:

(a) a telecommunications network; or

(b) a facility; or

(d) customer equipment;

includes connection otherwise than by means of physical contact,

for example, a connection by means of radiocommunication.

connection permit means a permit issued under section 394.

constitutional corporation means a corporation to which

paragraph 51(xx) of the Constitution applies.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

12 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

content service has the meaning given by section 15.

content service provider has the meaning given by section 97.

controlled carriage service has the meaning given by section 14.

controlled facility has the meaning given by section 14.

controlled network has the meaning given by section 14.

customer cabling has the meaning given by section 20.

customer equipment has the meaning given by section 21.

data processing device means any article or material (for example,

a disk) from which information is capable of being reproduced,

with or without the aid of any other article or device.

Defence Department means the Department of State that deals

with defence and that is administered by the Minister administering

section 1 of the Defence Act 1903.

defence purposes means any one or more of the following:

(a) the operation of command or control systems;

(b) the operation, direction or use of a defence organisation;

(d) the collection or dissemination of information relevant to the

security or defence of:

(i) the Commonwealth; or

(ii) a foreign country that is allied or associated with the

Commonwealth;

(e) the operation or control of weapons systems, including any

thing that, by itself or together with any other thing or things,

is intended for defensive or offensive use in combat;

(f) any other matter specified in the regulations.

designated part of the spectrum has the meaning given by

section 577H.

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 13

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

designated radiocommunications facility has the meaning given

by section 31.

directory assistance services means services that are:

(a) provided to an end-user of a standard telephone service to

help the end-user find the number of another end-user of a

standard telephone service; and

(b) provided by an operator or by means of:

(i) an automated voice response system; or

(ii) another technology-based system.

distinct places has the meaning given by section 36.

draft functional separation undertaking means a draft functional

separation undertaking under Division 2 of Part 9 of Schedule 1.

draft migration plan means a draft migration plan under

Subdivision B of Division 2 of Part 33.

eligible partnership means a partnership where each partner is a

constitutional corporation.

eligible Territory means:

(a) the Territory of Christmas Island; or

(b) the Territory of Cocos (Keeling) Islands; or

section 10.

emergency call contractor means a person who performs services

for or on behalf of a recognised person who operates an emergency

call service, but does not include a person who performs such

services in the capacity of an employee of the person who operates

the emergency call service.

Note: Recognised person who operates an emergency call service is

defined by section 19.

emergency call person means:

(a) a recognised person who operates an emergency call service;

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

14 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) an employee of such a person; or

(d) an employee of an emergency call contractor.

Note: Recognised person who operates an emergency call service is

defined by section 19.

emergency call service means a service for:

(a) receiving and handling calls to an emergency service

number; and

(b) transferring such calls to:

(i) a police force or service; or

(ii) a fire service; or

(iii) an ambulance service; or

(iv) a service specified in the numbering plan for the

purposes of this subparagraph; or

(v) a service for despatching a force or service referred to in

subparagraph (i), (ii), (iii) or (iv).

For the purposes of paragraph (b), transferring a call includes

giving information in relation to the call for purposes connected

with dealing with the matter or matters raised by the call.

emergency service number has the meaning given by section 466.

exempt network-user means:

(a) a person:

(i) who is entitled to use a network unit to supply a carriage

service; and

(ii) whose entitlement derives, directly or indirectly, from

rights granted to a carrier; or

(b) if:

(i) a police force or service; or

(ii) a fire service; or

(iii) an ambulance service; or

(iv) an emergency service specified in the regulations;

(the first force or service) uses a network unit for the sole or

principal purpose of enabling either or both of the following:

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 15

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(v) communication between the members of the first force

or service;

(vi) communication between the members of the first force

or service and the members of another force or service,

where the other force or service is of a kind covered by

subparagraph (i), (ii), (iii) or (iv);

the first force or service.

For the purposes of paragraph (b), an employee of a force or

service is taken to be a member of the force or service.

facility means:

(a) any part of the infrastructure of a telecommunications

network; or

(b) any line, equipment, apparatus, tower, mast, antenna, tunnel,

duct, hole, pit, pole or other structure or thing used, or for

use, in or in connection with a telecommunications network.

fax marketing industry means an industry that involves carrying

on a fax marketing activity (as defined by section 109C).

Federal Court means the Federal Court of Australia.

fibre-ready facility has the meaning given by section 372W.

final functional separation undertaking means a final functional

separation undertaking under Division 2 of Part 9 of Schedule 1.

final migration plan means a final migration plan under

Subdivision B of Division 2 of Part 33.

Finance Minister means the Minister administering the Public

Governance, Performance and Accountability Act 2013.

fixed-line facility has the meaning given by section 372V.

fixed radiocommunications link has the meaning given by

section 35.

hybrid fibre-coaxial network means a telecommunications

network:

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

16 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) that is for use for the transmission of any broadcasting

service; and

(b) that is also capable of being used to supply an internet

carriage service; and

connecting nodes, supplemented by coaxial cable

connections from the nodes to the premises of end-users.

immediate circle has the meaning given by section 23.

import means import into Australia.

industry levy means levy imposed by the Telecommunications

(Industry Levy) Act 2012.

infringement notice means an infringement notice under

section 572E.

inspector has the meaning given by section 533.

integrated public number database scheme means the scheme in

force under section 295A.

intercell hand-over functions has the meaning given by section 33.

internet carriage service means a carriage service that enables

end-users to access the internet.

internet service provider has the same meaning as in Schedule 5 to

the Broadcasting Services Act 1992.

Layer 2 bitstream service means a carriage service that is:

(a) either:

(i) a Layer 2 Ethernet bitstream service; or

(ii) a Layer 2 bitstream service specified in a legislative

instrument made by the ACMA for the purposes of this

subparagraph; and

(b) a listed carriage service; and

end-user.

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 17

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

For this purpose, Layer 2 has the same meaning as in the Open

System Interconnection (OSI) Reference Model for data exchange.

line means a wire, cable, optical fibre, tube, conduit, waveguide or

other physical medium used, or for use, as a continuous artificial

guide for or in connection with carrying communications by means

of guided electromagnetic energy.

line link has the meaning given by section 30.

listed carriage service has the meaning given by section 16.

marketing fax means:

(a) a marketing fax (within the meaning of the Do Not Call

Register Act 2006) that is sent to an Australian number; or

(b) a fax (within the meaning of the Do Not Call Register Act

2006) that is sent to an Australian number, where, having

regard to:

(i) the content of the fax; and

(ii) the presentational aspects of the fax;

it would be concluded that the purpose, or one of the

purposes, of the fax is:

(iii) to conduct opinion polling; or

(iv) to carry out standard questionnaire-based research.

member means a member of the ACMA (and does not include an

associate member).

NBN corporation has the same meaning as in the National

Broadband Network Companies Act 2011. This definition does not

apply to:

(a) section 577BA; or

(b) section 577BC; or

(d) Part 5 of Schedule 1.

network unit has the meaning given by Division 2 of Part 2.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

18 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

nominated carrier means a carrier in respect of whom a nominated

carrier declaration is in force.

nominated carrier declaration means a declaration under

section 81.

numbering plan has the meaning given by section 455.

optical fibre line means a line that consists of, or encloses, optical

fibre.

owner, in relation to a network unit, means a person who legally

owns the unit (whether alone or together with one or more other

persons).

person includes a partnership.

point-to-multipoint service means a carriage service which allows

a person to transmit a communication to more than one end-user

simultaneously.

project area for a real estate development project has the meaning

given by section 372Q.

public body means:

(a) the Commonwealth, a State or a Territory; or

(b) an authority, or institution, of the Commonwealth, a State or

a Territory; or

of which is beneficially owned by one of the following:

(i) the Commonwealth;

(ii) a State;

(iii) a Territory; or

(d) an incorporated company limited by guarantee, where the

interests and rights of the members in or in relation to the

company are beneficially owned by one of the following:

(i) the Commonwealth;

(ii) a State;

(iii) a Territory.

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 19

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

public mobile telecommunications service has the meaning given

by section 32.

radiocommunication has the same meaning as in the

Radiocommunications Act 1992.

radiocommunications device has the same meaning as in the

Radiocommunications Act 1992.

radiocommunications receiver has the same meaning as in the

Radiocommunications Act 1992.

radiocommunications transmitter has the same meaning as in the

Radiocommunications Act 1992.

real estate development project has the meaning given by

section 372Q.

recognised person who operates an emergency call service has the

meaning given by section 19.

recognised testing authority has the meaning given by section 409.

record-keeping rule means a rule under section 529.

registered charity means an entity that is registered under the

Australian Charities and Not-for-profits Commission Act 2012 as

the type of entity mentioned in column 1 of item 1 of the table in

subsection 25-5(5) of that Act.

satellite-based facility means a radiocommunications transmitter,

or a radiocommunications receiver, in a satellite.

sell:

(a) when used in relation to a building lot—has the meaning

given by section 372T; or

(b) when used in relation to a building unit—has the meaning

given by section 372U.

service provider has the meaning given by section 86.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 7

20 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

service provider rules has the meaning given by section 98.

spectrum has the same meaning as in the Radiocommunications

Act 1992.

spectrum licence has the same meaning as in the

Radiocommunications Act 1992.

standard questionnaire-based research means research that

involves people being asked to answer one or more standard

questions, but does not include:

(a) opinion polling; or

(b) research of a kind specified in the regulations.

standard telephone service has the meaning given by section 6 of

the Telecommunications (Consumer Protection and Service

Standards) Act 1999.

subdivision of an area of land has a meaning affected by

section 372R.

subscription television broadcasting licence has the same meaning

as in the Broadcasting Services Act 1992.

telecommunications industry includes an industry that involves:

(a) carrying on business as a carrier; or

(b) carrying on business as a carriage service provider; or

supply of a listed carriage service; or

(d) supplying a content service using a listed carriage service; or

(e) manufacturing or importing customer equipment or customer

cabling; or

(f) installing, maintaining, operating or providing access to:

(i) a telecommunications network; or

(ii) a facility;

used to supply a listed carriage service.

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 7

Telecommunications Act 1997 21

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Telecommunications Industry Ombudsman has the same meaning

as in the Telecommunications (Consumer Protection and Service

Standards) Act 1999.

Telecommunications Industry Ombudsman scheme has the same

meaning as in the Telecommunications (Consumer Protection and

Service Standards) Act 1999.

telecommunications network means a system, or series of systems,

that carries, or is capable of carrying, communications by means of

guided and/or unguided electromagnetic energy.

telemarketing call means:

(a) a telemarketing call (within the meaning of the Do Not Call

Register Act 2006) that is made to an Australian number; or

(b) a voice call (within the meaning of the Do Not Call Register

Act 2006) that is made to an Australian number, where,

having regard to:

(i) the content of the call; and

(ii) the presentational aspects of the call;

it would be concluded that the purpose, or one of the

purposes, of the call is:

(iii) to conduct opinion polling; or

(iv) to carry out standard questionnaire-based research.

telemarketing industry means an industry that involves carrying on

a telemarketing activity (as defined by section 109B).

Telstra has the same meaning as in the Telstra Corporation Act

1991.

this Act includes the regulations.

universal service obligation has the same meaning as in the

Telecommunications (Consumer Protection and Service Standards)

Act 1999.

vessel means a vessel or boat of any description, and includes:

(a) an air-cushion vehicle; and

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 8

22 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) any floating structure.

8 Crown to be bound

(1) This Act binds the Crown in right of the Commonwealth, of each

of the States, of the Australian Capital Territory and of the

Northern Territory.

(2) This Act does not make the Crown liable to a pecuniary penalty or

to be prosecuted for an offence.

(3) The protection in subsection (2) does not apply to an authority of

the Crown.

9 Extra-territorial application

This Act applies both within and outside Australia.

10 Extension to external Territories

(1) This Act extends to:

(a) the Territory of Christmas Island; and

(b) the Territory of Cocos (Keeling) Islands; and

(2) The operation of this Act in relation to Norfolk Island is not

affected by the amendments made by Division 1 of Part 1 of

Schedule 5 to the Territories Legislation Amendment Act 2016.

11 Extension to offshore areas

(1) This Act applies in relation to the offshore areas of:

(a) each of the States; and

(b) each of the eligible Territories;

as if references in this Act to Australia included references to those

offshore areas. This subsection has effect subject to subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 11A

Telecommunications Act 1997 23

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The application of this Act in accordance with subsection (1) in

relation to an offshore area extends only in relation to acts, matters

and things touching, concerning, arising out of or connected with:

(a) the exploration of the continental shelf of Australia; or

(b) the exploitation of the resources of the continental shelf of

Australia.

(3) The application of this Act in accordance with subsection (1) in

relation to an offshore area extends in relation to all acts done by or

in relation to, and all matters, circumstances and things affecting,

any person who is in the offshore area for a reason touching,

concerning, arising out of or connected with:

(a) the exploration of the continental shelf of Australia; or

(b) the exploitation of the resources of the continental shelf of

Australia.

(4) Subsection (3) does not, by implication, limit subsection (2).

(5) In this section:

offshore area, in relation to a State or Territory, has the same

meaning as in the Offshore Petroleum and Greenhouse Gas

Storage Act 2006.

11A Application of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all

offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

12 Act subject to Radiocommunications Act

(1) This Act has effect subject to the Radiocommunications Act 1992.

(2) However, to avoid doubt, the fact that a person is authorised to do

something under a licence under the Radiocommunications Act

1992 does not entitle the person to do that thing if the person is

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 13

24 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

prohibited by or under this Act from doing it, unless a condition of

the licence requires the person to do it.

13 Continuity of partnerships

For the purposes of this Act, a change in the composition of a

partnership does not affect the continuity of the partnership.

14 Controlled carriage services, controlled networks and controlled

facilities

Controlled carriage services

(1) For the purposes of this Act, if:

(a) a carrier or carriage service provider supplies, or proposes to

supply, a carriage service; and

(b) the carriage service involves, or will involve, the use of a

controlled network, or a controlled facility, of the carrier or

of the provider, as the case may be;

the carriage service is a controlled carriage service of the carrier

or the provider, as the case may be.

Controlled networks

(2) For the purposes of this Act, if:

(a) a carrier or carriage service provider operates a

telecommunications network; and

(b) the network satisfies the geographical test set out in

subsection (4);

the network is a controlled network of the carrier or the provider,

as the case may be.

Controlled facilities

(3) For the purposes of this Act, if:

(a) a carrier or carriage service provider operates a facility; and

(b) the facility satisfies the geographical test set out in

subsection (4);

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 15

Telecommunications Act 1997 25

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the facility is a controlled facility of the carrier or provider, as the

case may be.

Geographical test

(4) For the purposes of this section, a telecommunications network, or

a facility, satisfies the geographical test if:

(a) the whole or any part of the network or facility, as the case

requires, is, or will be, located in Australia; or

(b) all of the following conditions are satisfied:

(i) a person, or a group of persons, operates the network or

the facility, as the case requires;

(ii) the person, or at least one of the members of the group,

carries on, or will carry on, a

telecommunications-related business wholly or partly in

Australia;

(iii) the network, or the facility, as the case requires, is used,

or will be used, to supply a listed carriage service, or a

service that is ancillary or incidental to such a service.

Definition

(5) In this section:

telecommunications-related business means a business that

consists of, or includes:

(a) supplying a carriage service; or

(b) supplying goods or services for use in connection with the

supply of a carriage service; or

(d) installing, maintaining, operating or providing access to:

(i) a telecommunications network; or

(ii) a facility.

15 Content service

(1) For the purposes of this Act, a content service is:

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 16

26 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a broadcasting service; or

(b) an on-line information service (for example, a dial-up

information service); or

video-on-demand service or an interactive computer game

service); or

(d) any other on-line service (for example, an education service

provided by a State or Territory government); or

(e) a service of a kind specified in a determination made by the

Minister for the purposes of this paragraph.

(2) The Minister may, by legislative instrument, make a determination

for the purposes of paragraph (1)(e).

16 Listed carriage services

(1) For the purposes of this Act, the following carriage services are

listed carriage services:

(a) a carriage service between a point in Australia and one or

more other points in Australia;

(b) a carriage service between a point and one or more other

points, where the first-mentioned point is in Australia and at

least one of the other points is outside Australia;

points, where the first-mentioned point is outside Australia

and at least one of the other points is in Australia.

(2) For the purposes of this section, a point includes a mobile or

potentially mobile point, whether on land, underground, in the

atmosphere, in outer space, underwater, at sea or anywhere else.

(3) For the purposes of this section, a point that is:

(a) in the atmosphere; and

(b) in or below the stratosphere; and

is taken to be a point in Australia.

(4) For the purposes of this section, a point that is:

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 18

Telecommunications Act 1997 27

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) on a satellite; and

(b) above the stratosphere;

is taken to be a point outside Australia.

18 Access to an emergency call service

For the purposes of this Act, a person is taken not to have access to

an emergency call service unless, in the event that the person

attempts to place a call to the relevant emergency service number,

the call can be established and maintained.

19 Recognised person who operates an emergency call service

(1) A reference in this Act to a recognised person who operates an

emergency call service is a reference to a person who:

(a) operates an emergency call service; and

(b) is specified, in a written determination made by the ACMA

for the purposes of this paragraph, as:

(i) a national operator of emergency call services; or

(ii) a regional operator of emergency call services.

(2) A copy of a determination under paragraph (1)(b) is to be

published in the Gazette.

(3) A person may be specified in a determination under

paragraph (1)(b) even if the person does not operate an emergency

call service at the time the determination is made.

(4) Subsection (3) is enacted for the avoidance of doubt.

20 Customer cabling

(1) For the purposes of this Act, customer cabling means a line that,

under the regulations, is treated as customer cabling.

(2) Regulations made for the purposes of subsection (1) may deal with

a matter by reference to the boundary of a telecommunications

network.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 21

28 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Boundary of a telecommunications network is defined by section 22.

(3) Subsection (2) does not, by implication, limit subsection (1).

(4) If no regulations are in force for the purposes of subsection (1),

then, for the purposes of this Act, customer cabling means a line

that is used, installed ready for use or intended for use on the

customer side of the boundary of a telecommunications network.

Note: Boundary of a telecommunications network is defined by section 22.

21 Customer equipment

(1) For the purposes of this Act, customer equipment means:

(a) any equipment, apparatus, tower, mast, antenna or other

structure or thing; or

(b) any system (whether software-based or otherwise);

that:

connection with a carriage service; and

(d) under the regulations, is treated as customer equipment;

but does not include a line.

(2) Regulations made for the purposes of subsection (1) may deal with

a matter by reference to the boundary of a telecommunications

network.

Note: Boundary of a telecommunications network is defined by section 22.

(3) Subsection (2) does not, by implication, limit subsection (1).

(4) If no regulations are in force for the purposes of subsection (1),

then, for the purposes of this Act, customer equipment means:

(a) any equipment, apparatus, tower, mast, antenna or other

structure or thing that is used, installed ready for use or

intended for use on the customer side of the boundary of a

telecommunications network; or

(b) any system (whether software-based or otherwise) that is

used, installed ready for use or intended for use on the

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 22

Telecommunications Act 1997 29

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

customer side of the boundary of a telecommunications

network;

but does not include:

(d) equipment of a kind specified in regulations made for the

purposes of this paragraph; or

(e) an apparatus, tower, mast, antenna or other structure or thing

that is of a kind specified in regulations made for the

purposes of this paragraph; or

(f) a system (whether software-based or otherwise) that is of a

kind specified in regulations made for the purposes of this

paragraph.

Note : Boundary of a telecommunications network is defined by section 22.

22 Customer cabling and customer equipment—boundary of a

telecommunications network

(1) For the purposes of sections 20, 21, 30, 349, 372B, 372C and

372V, the boundary of a telecommunications network is to be

ascertained in accordance with the regulations.

(2) Regulations made for the purposes of subsection (1) may deal with

a matter by reference to any or all of the following:

(a) the terms of an agreement between 2 or more carriers, where

the agreement is entered into for the purposes of those

regulations;

(b) the terms of an agreement between 2 or more carriage service

providers, where the agreement is entered into for the

purposes of those regulations;

service provider, where the agreement is entered into for the

purposes of those regulations;

(d) the terms of an agreement between a carrier and a customer

of the carrier, where the agreement is entered into for the

purposes of those regulations;

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 22

30 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(e) the terms of an agreement between a carriage service

provider and a customer of the provider, where the agreement

is entered into for the purposes of those regulations.

(3) Subsection (2) does not, by implication, limit subsection (1).

(4) If no regulations are in force for the purposes of subsection (1),

then, for the purposes of sections 20, 21, 30, 349, 372B, 372C and

372V, the boundary of a telecommunications network is:

(a) in a case where a telecommunications network is used to

supply a carriage service to an end-user in a building by

means of a line that enters the building—the point agreed

between the customer and the carrier or carriage service

provider who operates the telecommunications network, or,

failing agreement:

(i) if there is a main distribution frame in the building and

the line is connected to the frame—the side of the frame

nearest to the end-user; or

(ii) if subparagraph (i) does not apply but the line is

connected to a network termination device located in,

on or within close proximity to, the building—the side

of the device nearest to the end-user; or

(iii) if neither subparagraph (i) nor (ii) applies but the line is

connected to one or more sockets in the building—the

side nearest to the end-user of the first socket after the

building entry point; or

(b) in a case where a telecommunications network is used to

supply a carriage service to an end-user by means of a

satellite-based facility that transmits to, or receives

transmissions from, the point where the end user is located—

the outer surface of the satellite-based facility; or

(i) a telecommunications network is used to supply a

carriage service to an end-user; and

(ii) paragraphs (a) and (b) do not apply;

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 23

Telecommunications Act 1997 31

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the outer surface of the fixed facility nearest to the end-user,

where the facility is used, installed ready for use or intended

for use to supply the carriage service.

(5) If, immediately before 1 July 1997, the boundary of a

telecommunications network used to supply a standard telephone

service to an end-user in a building by means of a line that enters

the building is the side of a main distribution frame, or a telephone

socket, nearest to the end-user, paragraph (4)(a) has effect, on and

after 1 July 1997, as if the customer and the carrier or carriage

service provider who operates the network had agreed to the

boundary at that point.

(6) Subsection (5) does not prevent the customer and the carrier or

carriage service provider agreeing to a boundary at a different

point.

(7) For the purposes of subsection (4), the building entry point is the

point at which a line that is used to provide a carriage service to an

end-user in a building meets the outer surface of that building,

immediately before entering the building.

(8) In this section:

building includes a structure, a caravan and a mobile home.

23 Immediate circle

(1) For the purposes of this Act, a person’s immediate circle consists

of the person, together with the following persons:

(a) if the person is an individual—an employee of the individual;

(b) if the person is a partnership—an employee of the

partnership;

(i) an officer of the body corporate;

(ii) if another body corporate is related to the

first-mentioned body corporate (within the meaning of

the Corporations Act 2001)—that other body corporate

and an officer of that other body corporate;

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 23

32 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) if the person is the Commonwealth:

(i) an authority or institution of the Commonwealth (other

than an authority or institution that carries on a business

as a core function) and a constituent member or an

employee of such an authority or institution;

(ii) an officer or employee of the Commonwealth;

(iii) a member of the Australian Defence Force;

(iv) a member of the Australian Federal Police;

(v) a member of the Parliament and a member of the staff

of a member of the Parliament;

(vi) a person who holds or performs the duties of an office

under the Constitution or a law of the Commonwealth;

(e) if the person is a State:

(i) an authority or institution of the State (other than an

authority or institution that carries on a business as a

core function) and a constituent member or an employee

of such an authority or institution;

(ii) an officer or employee of the State;

(iii) a member of the police force of the State;

(iv) a member of the Parliament of the State and a member

of the staff of a member of the Parliament of the State;

(v) a person who holds or performs the duties of an office

under a law of the State;

(f) if the person is a Territory:

(i) an authority or institution of the Territory (other than an

authority or institution that carries on a business as a

core function) and a constituent member or an employee

of such an authority or institution;

(ii) an officer or employee of the Territory;

(iii) a member of the police force of the Territory;

(iv) a member of the Legislative Assembly of the Territory

and a member of the staff of a member of the

Legislative Assembly of the Territory;

(v) a person who holds or performs the duties of an office

under a law of the Territory;

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 23

Telecommunications Act 1997 33

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(g) if the person is an authority or institution of the

Commonwealth (other than an authority or institution that

carries on a business as a core function):

(i) a constituent member or an employee of the authority or

institution;

(ii) the Commonwealth;

(iii) an officer or employee of the Commonwealth;

(iv) a member of the Australian Defence Force;

(v) a member of the Australian Federal Police;

(vi) a member of the Parliament and a member of the staff

of a member of the Parliament;

(vii) a person who holds or performs the duties of an office

under the Constitution or a law of the Commonwealth;

(viii) another authority or institution of the Commonwealth

(other than an authority or institution that carries on a

business as a core function) and a constituent member

or an employee of the other authority or institution;

(h) if the person is an authority or institution of the

Commonwealth, being an authority or institution that carries

on a business as a core function—a constituent member or an

employee of the authority or institution;

(i) if the person is an authority or institution of a State (other

than an authority or institution that carries on a business as a

core function):

(i) a constituent member or an employee of the authority or

institution;

(ii) the State;

(iii) an officer or employee of the State;

(iv) a member of the police force of the State;

(v) a member of the Parliament of the State and a member

of the staff of a member of the Parliament of the State;

(vi) a person who holds or performs the duties of an office

under a law of the State;

(vii) another authority or institution of the State (other than

an authority or institution that carries on a business as a

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 23

34 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

core function) and a constituent member or an employee

of the other authority or institution;

(j) if the person is an authority or institution of a State, being an

authority or institution that carries on a business as a core

function—a constituent member or an employee of the

authority or institution;

(k) if the person is an authority or institution of a Territory (other

than an authority or institution that carries on a business as a

core function):

(i) a constituent member or an employee of the authority or

institution;

(ii) the Territory;

(iii) an officer or employee of the Territory;

(iv) a member of the police force of the Territory;

(v) a member of the Legislative Assembly of the Territory

and a member of the staff of a member of the

Legislative Assembly of the Territory;

(vi) a person who holds or performs the duties of an office

under a law of the Territory;

(vii) another authority or institution of the Territory (other

than an authority or institution that carries on a business

as a core function) and a constituent member or an

employee of the other authority or institution;

(l) if the person is an authority or institution of a Territory, being

an authority or institution that carries on a business as a core

function—a constituent member or employee of the authority

or institution;

(m) if the person is a tertiary education institution:

(i) a member of the governing body of the tertiary

education institution;

(ii) an officer or employee of the tertiary education

institution;

(iii) a student of the tertiary education institution;

(n) a person specified in a determination under subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Introduction Part 1

Section 23

Telecommunications Act 1997 35

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The Minister may, by legislative instrument, make a determination

specifying persons for the purposes of paragraph (1)(n).

(3) A determination under subsection (2) may be unconditional or

subject to such conditions (if any) as are specified in the

determination.

(4) Paragraphs (1)(a) to (m) (inclusive) do not, by implication, limit

subsections (2) and (3).

(5) The Minister may, by legislative instrument, make a determination

providing that a specified authority or specified institution is taken

to carry on a business as a core function for the purposes of

subsection (1).

(6) The Minister may, by legislative instrument, make a determination

providing that a specified authority or specified institution is taken

not to carry on a business as a core function for the purposes of

subsection (1).

(7) A determination under subsection (2), (5) or (6) has effect

accordingly.

(9) For the purposes of this section, a person who holds or performs

the duties of the office of Administrator of the Northern Territory

is taken to be an officer of that Territory.

(10) For the purposes of this section, the Australian Federal Police is

taken to be the police force of the Australian Capital Territory.

(11) In this section:

core function, in relation to an authority or institution, means a

function of the authority or institution other than a secondary or

incidental function.

director includes a constituent member of a body corporate

incorporated for a public purpose by a law of the Commonwealth,

a State or a Territory.

Authorised Version C2017C00179 registered 30/06/2017

Part 1 Introduction

Section 24

36 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

executive officer, in relation to a body corporate, means a person,

by whatever name called and whether or not a director of the body,

who is concerned in, or takes part in, the management of the body.

officer, in relation to a body corporate, includes a director,

secretary, executive officer or employee of the body.

tertiary education institution means:

(a) a higher education institution (within the meaning of the

Student Assistance Act 1973); or

(b) a technical and further education institution (within the

meaning of that Act).

24 Extended meaning of use

Unless the contrary intention appears, a reference in this Act to the

use of a thing is a reference to the use of the thing either:

(a) in isolation; or

(b) in conjunction with one or more other things.

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Simplified outline Division 1

Section 25

Telecommunications Act 1997 37

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 2—Network units

Division 1—Simplified outline

25 Simplified outline

The following is a simplified outline of this Part:

• The object of this Part is to define the expression network

unit.

• There are 4 types of network unit:

(a) a single line link connecting distinct places in

Australia, where the line link meets certain

minimum distance requirements;

(b) multiple line links connecting distinct places in

Australia, where the line links meet certain

minimum distance requirements;

(d) a facility specified in a Ministerial determination.

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 2 Basic definition

Section 26

38 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Basic definition

26 Single line links connecting distinct places in Australia

(1) If:

(a) a line link connects distinct places in Australia; and

(b) the distinct places are at least the statutory distance apart;

the line link is a network unit.

(2) For the purposes of this section, the statutory distance is:

(a) 500 metres; or

(b) if a longer distance, not exceeding 50 kilometres, is specified

in the regulations—that longer distance.

27 Multiple line links connecting distinct places in Australia

(1) If:

(a) the same person owns, or the same persons own, 2 or more

line links; and

(b) each of those line links connects distinct places in Australia;

and

more than the statutory distance;

each of those line links is a network unit.

Note: Statutory distance is defined by subsection (3).

(2) If:

(a) the following conditions are satisfied in relation to 2 or more

line links:

(i) the owners of the line links are bodies corporate;

(ii) the owners of the line links are all members of the same

related company group; and

(b) each of those line links connects distinct places in Australia;

and

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Basic definition Division 2

Section 28

Telecommunications Act 1997 39

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

more than the statutory distance;

each of those line links is a network unit.

Note: Statutory distance is defined by subsection (3).

(3) For the purposes of this section, the statutory distance is:

(a) 5 kilometres; or

(b) if a longer distance, not exceeding 500 kilometres, is

specified in the regulations—that longer distance.

(4) In this section:

owner means legal or beneficial owner, and own has a

corresponding meaning.

related company group means a group of 2 or more bodies

corporate, where each member of the group is related to each other

member of the group.

(5) For the purposes of this section, the question whether a body

corporate is related to another body corporate is to be determined

in the same manner as that question is determined under the

Corporations Act 2001.

28 Designated radiocommunications facility

(1) If a designated radiocommunications facility is used, or is for use,

to supply a carriage service between a point in Australia and one or

more other points in Australia, the facility is a network unit.

(2) It does not matter whether the supply involves:

(a) the use of a satellite; or

(b) the use of a line or other facility outside Australia.

(3) For the purposes of this section, a point includes a mobile or

potentially mobile point, whether on land, underground, in the

atmosphere, in outer space, underwater, at sea or anywhere else.

(4) For the purposes of this section, a point that is:

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 2 Basic definition

Section 29

40 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) in the atmosphere; and

(b) in or below the stratosphere; and

is taken to be a point in Australia.

(5) For the purposes of this section, a point that is:

(a) on a satellite; and

(b) above the stratosphere;

is taken to be a point outside Australia.

29 Facilities specified in Ministerial determination

(1) The Minister may, by legislative instrument, determine that a

specified facility is a network unit for the purposes of this Act.

(2) The determination has effect accordingly.

(4) To avoid doubt, nothing in the other provisions of this Part limits

the power conferred by subsection (1).

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Related definitions Division 3

Section 30

Telecommunications Act 1997 41

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Related definitions

30 Line links

(1) A line constitutes a line link.

(2) If:

(a) a line is connected to another line; and

(b) the other line constitutes, or forms part of, a line link;

the first-mentioned line, and the line link referred to in

paragraph (b), together constitute a line link.

(3) Subsection (2) is recursive, that is, the reference in

paragraph (2)(b) to a line link is a reference to something that is a

line link because of any other application or applications of this

section.

(4) For the purposes of subsection (2), a line is connected to another

line if, and only if:

(a) the lines are connected to each other; or

(b) each of the lines is connected to the same facility (other than

a line);

in such a way that a communication can be carried, by means of

the 2 lines, or by means of facilities including the 2 lines, in the

same way as if the 2 lines were a single line.

(4A) A line does not form part of any line link to the extent that the line

is on the customer side of the boundary of a telecommunications

network.

Note: Boundary of a telecommunications network is defined by section 22.

(5) A facility other than a line does not form part of any line link.

31 Designated radiocommunications facility

(1) A reference in this Act to a designated radiocommunications

facility is a reference to:

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 3 Related definitions

Section 31

42 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a base station used, or for use, to supply a public mobile

telecommunications service; or

(b) a base station that is part of a terrestrial radiocommunications

customer access network; or

(d) a satellite-based facility; or

(e) a radiocommunications transmitter of a kind specified in a

determination under subsection (2); or

(f) a radiocommunications receiver of a kind specified in a

determination under subsection (3);

but does not include a reference to:

(g) a base station of a kind declared under subsection (5) to be

exempt from this section; or

(h) a fixed radiocommunications link of a kind declared under

subsection (5) to be exempt from this section; or

(i) a satellite-based facility of a kind declared under

subsection (5) to be exempt from this section.

Note 1: Public mobile telecommunications service is defined by section 32.

Note 2: Base station that is part of a terrestrial radiocommunications

customer access network is defined by section 34.

Note 3: Fixed radiocommunications link is defined by section 35.

Note 4: Satellite-based facility is defined by section 7.

(2) The Minister may, by legislative instrument, make a determination

for the purposes of paragraph (1)(e).

(3) The Minister may, by legislative instrument, make a determination

for the purposes of paragraph (1)(f).

(5) The Minister may, by legislative instrument, make a declaration for

the purposes of paragraph (1)(g), (h) or (i).

(7) To avoid doubt, nothing in the other provisions of this Part limits a

power conferred by subsection (2), (3) or (5).

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Related definitions Division 3

Section 32

Telecommunications Act 1997 43

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

32 Public mobile telecommunications service

(1) For the purposes of this Act, if:

(a) an end-user can use a carriage service while moving

continuously between places; and

(b) the customer equipment used for or in relation to the supply

of the service is not in physical contact with any part of the

telecommunications network by means of which the service

is supplied; and

network that has intercell hand-over functions; and

(d) the service is not an exempt service (as defined by

subsection (2), (3) or (4));

the service is a public mobile telecommunications service.

(2) For the purposes of this section, a carriage service is an exempt

service if:

(a) the service is supplied by means of a telecommunications

network (a primary network) that is connected to one or

more line links or other facilities that, apart from this section,

are eligible network units; and

(b) the principal function of the primary network is to supply

carriage services between customer equipment connected to

the primary network and other such equipment; and

equipment connected to the network units is, at most, an

ancillary function of the primary network; and

(d) despite the connection or connections referred to in

paragraph (a), the primary network cannot be used in

carrying a communication, as a single transaction, between

equipment connected to the network units and other such

equipment.

(3) For the purposes of this section, a carriage service is an exempt

service if the service is:

(a) a one-way only, store-and-forward communications service;

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 3 Related definitions

Section 33

44 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a service that performs the same functions as such a service.

(4) For the purposes of this section, a carriage service is an exempt

service if all of the end-users of the service are located at the same

distinct place.

(5) In this section:

eligible network unit means a network unit:

(a) that is owned by one or more carriers; or

(b) in relation to which a nominated carrier declaration is in

force.

33 Intercell hand-over functions

(1) For the purposes of this Act, a telecommunications network is

taken to have intercell hand-over functions if, and only if:

(a) the facilities of the network include at least 2 base stations

each of which transmits and receives signals to and from

customer equipment (mobile equipment) that is:

(i) used for or in relation to the supply of an eligible mobile

telecommunications service; and

(ii) located within a particular area (a cell); and

(b) the network includes the functions necessary to do the

following while the network is carrying a communication

made to or from particular mobile equipment:

(i) determine in which cell the equipment is located and

cause the base station in that cell to transmit and receive

signals to and from the equipment;

(ii) when the equipment moves from one cell to another,

cause the base station in the one cell to stop, and the

base station in the other cell to start, transmitting and

receiving signals to and from the equipment.

(2) For the purposes of this section, a carriage service is an eligible

mobile telecommunications service if:

(a) an end-user can use it while moving continuously between

places; and

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Related definitions Division 3

Section 34

Telecommunications Act 1997 45

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) customer equipment used for or in relation to the supply of

the service is not in physical contact with any part of the

telecommunications network by means of which the service

is supplied.

34 When a base station is part of a terrestrial radiocommunications

customer access network

(1) For the purposes of this Act, a base station is part of a terrestrial

radiocommunications customer access network if, and only if:

(a) the base station is part of a telecommunications network; and

(b) the base station is not an exempt base station (as defined by

subsection (2)); and

supply of a carriage service; and

(d) customer equipment used for or in relation to the supply of

the service is not in physical contact with any part of the

telecommunications network by means of which the service

is supplied; and

(e) the service is wholly or principally used, or wholly or

principally for use, by each end-user:

(i) at premises occupied or used by the end-user; or

(ii) in the immediate vicinity of those premises; and

(f) the network does not have intercell hand-over functions; and

(g) the conditions (if any) specified in the regulations are

satisfied; and

(h) the network is not an exempt network (as defined by

subsection (3)).

(2) For the purposes of paragraph (1)(b), a base station is an exempt

base station if the sole use of the base station is use by a

broadcaster to:

(a) supply broadcasting services to the public; or

(b) supply a secondary carriage service by means of the main

carrier signal of a primary broadcasting service;

or both.

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 3 Related definitions

Section 35

46 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) For the purposes of paragraph (1)(h), a network is an exempt

network if:

(a) the network is used, or for use, for the sole purpose of

supplying carriage services on a non-commercial basis; or

(b) the network is of a kind specified in the regulations.

(4) In this section:

broadcaster means:

(a) the Australian Broadcasting Corporation; or

(b) the Special Broadcasting Service Corporation; or

1992; or

(d) a person who provides a broadcasting service under a class

licence under the Broadcasting Services Act 1992.

35 Fixed radiocommunications link

(1) For the purposes of this Act, a fixed radiocommunications link is

a facility, or a combination of facilities, where:

(a) the facility or combination is used, or for use, in connection

with the supply of a carriage service between 2 or more fixed

points by means of radiocommunication; and

(b) some or all of the communications carried by means of the

facility or combination have the characteristic of

double-ended interconnection (as defined by subsection (3));

and

(i) one or more base stations that are part of a terrestrial

radiocommunications customer access network; or

(ii) one or more base stations that would be part of such a

network if paragraph 34(1)(h) had not been enacted.

(2) For the purposes of this section, a fixed point is a fixed point on:

(a) land; or

(b) a building or structure on land.

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Related definitions Division 3

Section 35

Telecommunications Act 1997 47

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) For the purposes of this section, if:

(a) a communication is carried over a line link or other facility

that, apart from this section, is an eligible network unit; and

(b) the communication is then carried (immediately or with a

transmission delay of not longer than 30 seconds), by means

of radiocommunication, between 2 or more fixed points; and

transmission delay of not longer than 30 seconds) over

another line link or other facility that, apart from this section,

is an eligible network unit;

the communication referred to in paragraph (b) has the

characteristic of double-ended interconnection.

(4) In this section:

eligible network unit means a network unit:

(a) that is owned by one or more carriers; or

(b) in relation to which a nominated carrier declaration is in

force.

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 4 Distinct places

Section 36

48 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Distinct places

36 Distinct places—basic rules

(1) Places are distinct unless they are all in the same area because of

subsection (2), (3) or (4).

(2) Places are in the same area if they are all situated in the same

property as defined by section 37.

(3) Places are in the same area if they are situated in properties each of

which forms part of a combined area as defined by section 38 and:

(a) the same person or persons is or are the principal user (as

defined by section 39) of all the properties that together

constitute that combined area; or

(b) because of a determination in force under section 40, that

combined area is an eligible combined area for the purposes

of this paragraph.

(4) Places are in the same area if they are all situated in the same

eligible Territory.

(5) The later provisions of this Division have effect only for the

purposes of this Division.

37 Properties

(1) An area of land is a property if:

(a) there is a single freehold or leasehold title in relation to that

area (whether or not that title is registered under a law of a

State or Territory relating to the registration of interests in

land); and

(b) no part of that area is subject to a lease granted by the holder

of that title; and

coordinates.

(2) If:

Authorised Version C2017C00179 registered 30/06/2017

Network units Part 2

Distinct places Division 4

Section 38

Telecommunications Act 1997 49

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) there is a single freehold or leasehold title (as mentioned in

paragraph (1)(a)) in relation to an area of land; and

(b) some but not all of that area is subject to a lease granted by

the holder of that title;

then, an area of land:

this subsection; and

(d) none of which is subject to such a lease;

is a property unless it is only part of another such area.

(3) An area of land is not a property except as provided in this section.

(4) The regulations may prescribe the circumstances in which an area

of land in relation to which there is a single freehold or leasehold

title is not to constitute a property for the purposes of this Division.

(5) Despite paragraph (1)(c), the regulations may prescribe the

circumstances in which an area of land, the title to which is defined

otherwise than by reference to geographical coordinates, is a

property.

(6) In this section:

land includes premises and a part of premises, but does not include

unalienated Crown land.

lease includes sublease and leasehold title has a corresponding

meaning.

38 Combined areas

(1) 2 contiguous properties form a combined area.

(2) If:

(a) a property is contiguous with another property; and

(b) the other property forms part of a combined area;

the first-mentioned property, and the combined area referred to in

paragraph (b), together form a combined area.

Authorised Version C2017C00179 registered 30/06/2017

Part 2 Network units

Division 4 Distinct places

Section 39

50 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Subsection (2) is recursive, that is, the reference in

paragraph (2)(b) to a combined area is a reference to something

that is a combined area because of any other application or

applications of this section.

39 Principal user of a property

(1) The principal user of a property is the person who:

(a) occupies the property; or

(b) uses the property for the purpose that is the sole or principal

purpose for which the property is used.

(2) However, if 2 or more persons:

(a) together occupy a property; or

(b) together use a property for the purpose that is the sole or

principal purpose for which the property is used;

they are taken to together be the principal user of the property.

40 Eligible combined areas

The Minister may, by legislative instrument, determine that

specified combined areas are eligible combined areas for the

purposes of paragraph 36(3)(b).

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Simplified outline Division 1

Section 41

Telecommunications Act 1997 51

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 3—Carriers

Division 1—Simplified outline

41 Simplified outline

The following is a simplified outline of this Part:

• The owner of a network unit that is used to supply carriage

services to the public must hold a carrier licence unless:

(a) a nominated carrier declaration is in force in

relation to the network unit; or

(b) an exemption applies.

• Carrier licences are granted by the ACMA.

• The holder of a carrier licence is known as a carrier.

• If responsibility for a network unit is transferred from the

owner of the unit to a carrier, the ACMA may make a

nominated carrier declaration that declares the carrier to be

the nominated carrier in relation to the unit.

• Carrier licences are subject to conditions.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 2 Prohibitions relating to carriers

Section 42

52 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Prohibitions relating to carriers

42 Network unit not to be used without carrier licence or nominated

carrier declaration

(1) If there is only one owner of a network unit, the owner of the

network unit must not use the unit, either alone or jointly with one

or more other persons, to supply a carriage service to the public,

unless:

(a) the owner holds a carrier licence; or

(b) a nominated carrier declaration is in force in relation to the

unit.

(2) If there is only one owner of a network unit, the owner of the

network unit must not allow or permit another person to use the

unit to supply a carriage service to the public unless:

(a) the owner holds a carrier licence; or

(b) a nominated carrier declaration is in force in relation to the

unit.

(3) If there are 2 or more owners of a network unit, an owner of the

network unit must not use the unit, either alone or jointly with one

or more other persons, to supply a carriage service to the public,

unless:

(a) the owner holds a carrier licence; or

(b) a nominated carrier declaration is in force in relation to the

unit.

(4) If there are 2 or more owners of a network unit, an owner of the

network unit must not, either alone or together with one or more

other owners, allow or permit another person to use the unit to

supply a carriage service to the public unless:

(a) the owner holds a carrier licence; or

(b) a nominated carrier declaration is in force in relation to the

unit.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Prohibitions relating to carriers Division 2

Section 43

Telecommunications Act 1997 53

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) A person who contravenes subsection (1), (2), (3) or (4) commits

an offence punishable on conviction by a fine not exceeding

20,000 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

43 Continuing offences

A person who contravenes section 42 commits a separate offence

in respect of each day (including a day of a conviction under this

section or any later day) during which the contravention continues.

44 Supply to the public

(1) This section sets out the circumstances in which a network unit is

taken, for the purposes of section 42, to be used to supply a

carriage service to the public.

(2) If:

(a) there is only one owner of a network unit; and

(b) no nominated carrier declaration is in force in relation to the

unit; and

(i) the unit is used for the carriage of communications

between 2 end-users, where each end-user is outside the

immediate circle of the owner of the unit;

(ii) the unit is used to supply point-to-multipoint services to

end-users, where at least one end-user is outside the

immediate circle of the owner of the unit;

(iii) the unit is used to supply designated content services

(other than point-to-multipoint services) to one or more

end-users, where at least one end-user is outside the

immediate circle of the owner of the unit;

the unit is used to supply a carriage service to the public.

(3) If:

(a) there are 2 or more owners of a network unit; and

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 2 Prohibitions relating to carriers

Section 44

54 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) no nominated carrier declaration is in force in relation to the

unit; and

(i) the unit is used for the carriage of communications

between 2 end-users, where each end-user is outside the

overlap of the immediate circles of the owners of the

unit;

(ii) the unit is used to supply point-to-multipoint services to

end-users, where at least one end-user is outside the

overlap of the immediate circles of the owners of the

unit;

(iii) the unit is used to supply designated content services

(other than point-to-multipoint services) to one or more

end-users, where at least one end-user is outside the

overlap of the immediate circles of the owners of the

unit;

the unit is used to supply a carriage service to the public.

(4) If:

(a) a nominated carrier declaration is in force in relation to a

network unit; and

(b) any of the following conditions is satisfied:

(i) the unit is used for the carriage of communications

between 2 end-users, where each end-user is outside the

immediate circle of the nominated carrier in relation to

the unit;

(ii) the unit is used to supply point-to-multipoint services to

end-users, where at least one end-user is outside the

immediate circle of the nominated carrier in relation to

the unit;

(iii) the unit is used to supply designated content services

(other than point-to-multipoint services) to one or more

end-users, where at least one end-user is outside the

immediate circle of the nominated carrier in relation to

the unit;

the unit is used to supply a carriage service to the public.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Prohibitions relating to carriers Division 2

Section 45

Telecommunications Act 1997 55

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) For the purposes of this section, a person is outside the overlap of

the immediate circles of the owners of a network unit unless the

person is:

(a) within the immediate circles of each of the owners of the

unit; or

(b) the owner, or one of the owners, of the unit.

(6) For the purposes of this section, a designated content service is a

content service of a kind specified in a written determination made

by the Minister.

(7) A determination under subsection (6) is a legislative instrument.

45 Exemption—defence

(1) If the sole use of a network unit is use by, or on behalf of, a

defence organisation to carry communications necessary or

desirable for defence purposes, section 42 does not apply to the

unit.

(2) If:

(a) the principal use of a network unit is use by, or on behalf of,

a defence organisation to carry communications necessary or

desirable for defence purposes; and

(b) the remaining use of the unit is use by one or more carriers,

or by one or more exempt network-users, to supply carriage

services and/or content services;

section 42 does not apply to the unit.

(3) In this section:

defence organisation means:

(a) the Defence Department; or

(b) the Australian Defence Force; or

organisation:

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 2 Prohibitions relating to carriers

Section 46

56 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(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.

46 Exemption—intelligence operations

Section 42 does not apply to a network unit that is used wholly or

principally:

(a) by the Australian Secret Intelligence Service; or

(b) by the Australian Security Intelligence Organisation.

47 Exemption—transport authorities

(1) Section 42 does not apply to a network unit if the sole use of the

unit is use by Airservices Australia to carry communications

necessary or desirable for the workings of aviation services.

(3) Section 42 does not apply to a network unit if the sole use of the

unit is use by a State or Territory transport authority to carry

communications necessary or desirable for the workings of any or

all of the following services:

(a) train services of a kind provided by the authority;

(b) bus or other road services of a kind provided by the

authority;

(4) Section 42 does not apply to a network unit if the sole use of the

unit is use by a rail corporation to carry communications necessary

or desirable for the workings of train services.

(5) Section 42 does not apply to a network unit if:

(a) the principal use of the unit is use by Airservices Australia to

carry communications necessary or desirable for the

workings of aviation services; and

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Prohibitions relating to carriers Division 2

Section 48

Telecommunications Act 1997 57

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the remaining use of the unit is use by one or more carriers,

or by one or more exempt network-users, to supply carriage

services and/or content services.

(7) Section 42 does not apply to a network unit if:

(a) the principal use of the unit is use by a State or Territory

transport authority to carry communications necessary or

desirable for the workings of any or all of the following

services:

(i) train services of a kind provided by the authority;

(ii) bus or other road services of a kind provided by the

authority;

(iii) tram services of a kind provided by the authority; and

(b) the remaining use of the unit is use by one or more carriers,

or by one or more exempt network-users, to supply carriage

services and/or content services.

(8) Section 42 does not apply to a network unit if:

(a) the principal use of the unit is use by a rail corporation to

carry communications necessary or desirable for the

workings of train services; and

(b) the remaining use of the unit is use by one or more carriers,

or by one or more exempt network-users, to supply carriage

services and/or content services.

(9) In this section:

rail corporation means a body corporate that manages or operates

either or both of the following:

(a) rail transport services;

(b) rail transport infrastructure.

48 Exemption—broadcasting services

(1) If :

(a) the sole use of a network unit is use to carry communications

that are necessary or desirable for either or both of the

following purposes:

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 2 Prohibitions relating to carriers

Section 48

58 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the supply of broadcasting services to the public;

(ii) the supply of a secondary carriage service by means of

the main carrier signal of a primary broadcasting

service; and

(b) the unit does not consist of, or include, a facility used to carry

communications between:

(i) the head end of a cable transmission system; and

(ii) the equipment used by an end-user to receive a

broadcasting service; and

transmitting a signal of a broadcasting service to its intended

audience;

section 42 does not apply to the unit.

(2) If:

(a) the principal use of a network unit is use to carry

communications that are necessary or desirable for either or

both of the following purposes:

(i) the supply of broadcasting services to the public;

(ii) the supply of a secondary carriage service by means of

the main carrier signal of a primary broadcasting

service; and

(b) the unit does not consist of, or include, a facility used to carry

communications between:

(i) the head end of a cable transmission system; and

(ii) the equipment used by an end-user to receive a

broadcasting service; and

transmitting a signal of a broadcasting service to its intended

audience; and

(d) the remaining use of the unit is use by one or more carriers,

or by one or more exempt network-users, to supply carriage

services and/or content services;

section 42 does not apply to the unit.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Prohibitions relating to carriers Division 2

Section 49

Telecommunications Act 1997 59

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) If the sole use of a line link is use for the purpose of a

re-transmission of a kind mentioned in paragraph 212(1)(a) or (b)

of the Broadcasting Services Act 1992, section 42 of this Act does

not apply to the line link.

(4) If:

(a) the principal use of a line link is use for the purpose of a

re-transmission of a kind mentioned in paragraph 212(1)(a)

or (b) of the Broadcasting Services Act 1992; and

(b) the remaining use of the line link is use by one or more

carriers, or by one or more exempt network-users, to supply

carriage services and/or content services;

section 42 of this Act does not apply to the line link.

(4A) For the purposes of this section, disregard subsection 212(3) of the

Broadcasting Services Act 1992.

(5) In this section:

broadcasting transmitter means a radiocommunications

transmitter used, or for use, to deliver a broadcasting service.

head end of a cable transmission system means a facility that:

(a) is connected to a line link; and

(b) is used, or for use, in connection with the delivery of a

broadcasting service; and

having equipment appropriate for receiving the service.

49 Exemption—electricity supply bodies

(1) If the sole use of a network unit is use by an electricity supply body

to carry communications necessary or desirable for:

(a) managing the generation, transmission, distribution or supply

of electricity; or

(b) charging for the supply of electricity;

section 42 does not apply to the unit.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 2 Prohibitions relating to carriers

Section 50

60 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) If:

(a) the principal use of a network unit is use by an electricity

supply body to carry communications necessary or desirable

for:

(i) managing the generation, transmission, distribution or

supply of electricity; or

(ii) charging for the supply of electricity; and

(b) the remaining use of the unit is use by one or more carriers,

or by one or more exempt network-users, to supply carriage

services and/or content services;

section 42 does not apply to the unit.

(3) In this section:

electricity supply body means an authority, or a body corporate,

that carries on a business, or performs a function, of:

(a) generating, transmitting, distributing or supplying electricity;

(b) managing the generation, transmission, distribution or supply

of electricity.

50 Exemption—line links authorised by or under previous laws

(1) If:

(a) a line link consists of facilities in relation to which an

authorisation was in force under paragraph 13(1)(a) of the

Telecommunications Act 1975 immediately before the repeal

of that Act; and

(b) the sole use of the line link is use as provided in, and in

accordance with any conditions specified in, the

authorisation;

section 42 of this Act does not apply to the line link.

(2) If:

(a) a line link consists of facilities in relation to which an

authorisation was in force under paragraph 13(1)(a) of the

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Prohibitions relating to carriers Division 2

Section 50

Telecommunications Act 1997 61

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Telecommunications Act 1975 immediately before the repeal

of that Act; and

(b) the principal use of the line link is use as provided in, and in

accordance with any conditions specified in, the

authorisation; and

carriers, or by one or more exempt network-users, to supply

carriage services and/or content services;

section 42 of this Act does not apply to the line link.

(3) If a line link consists of facilities that:

(a) were installed before the repeal of section 45 of the

Telecommunications Act 1989; and

(b) immediately before that repeal, were permitted by that

section to be maintained and operated;

section 42 of this Act does not apply to the line link.

(4) If:

(a) a line link consists of facilities in relation to which an

authorisation was in force under section 46 of the

Telecommunications Act 1989 immediately before the repeal

of that Act; and

(b) the sole use of the line link is use as provided in, and in

accordance with any conditions specified in, the

authorisation;

section 42 of this Act does not apply to the line link.

(5) If:

(a) a line link consists of facilities in relation to which an

authorisation was in force under section 46 of the

Telecommunications Act 1989 immediately before the repeal

of that Act; and

(b) the principal use of the line link is use as provided in, and in

accordance with any conditions specified in, the

authorisation; and

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 2 Prohibitions relating to carriers

Section 51

62 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

carriers, or by one or more exempt network-users, to supply

carriage services and/or content services;

section 42 of this Act does not apply to the line link.

(6) If:

(a) a line link consists of facilities in relation to which an

authorisation was in force under section 108 of the

Telecommunications Act 1991 immediately before the repeal

of that Act; and

(b) the sole use of the line link is use as provided in, and in

accordance with any conditions specified in, the

authorisation;

section 42 of this Act does not apply to the line link.

(7) If:

(a) a line link consists of facilities in relation to which an

authorisation was in force under section 108 of the

Telecommunications Act 1991 immediately before the repeal

of that Act; and

(b) the principal use of the line link is use as provided in, and in

accordance with any conditions specified in, the

authorisation; and

carriers, or by one or more exempt network-users, to supply

carriage services and/or content services;

section 42 of this Act does not apply to the line link.

51 Exemption—Ministerial determination

(1) The Minister may, by legislative instrument, determine that

section 42 does not apply in relation to:

(a) a specified network unit; or

(b) a specified person; or

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Prohibitions relating to carriers Division 2

Section 51

Telecommunications Act 1997 63

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) A determination under this section may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(3) A determination under this section has effect accordingly.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 52

64 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Carrier licences

52 Applications for carrier licence

A person may apply to the ACMA for a carrier licence, so long as

the person is:

(a) a constitutional corporation; or

(b) an eligible partnership; or

53 Form of application etc.

An application must be:

(a) in writing; and

(b) in accordance with the form approved in writing by the

ACMA.

53A Copy of application to be given to Communications Access

Co-ordinator

(1) The ACMA must give a copy of the application to the

Communications Access Co-ordinator.

(2) For the purposes of sections 56A and 59, the application is taken

not to have been received by the ACMA until the copy is received

by the Communications Access Co-ordinator.

54 Application to be accompanied by charge

An application must be accompanied by the charge (if any)

imposed on the application by Part 2 of the Telecommunications

(Carrier Licence Charges) Act 1997.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 55

Telecommunications Act 1997 65

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

55 Further information

(1) The ACMA may, within 20 business days after an application is

made, request the applicant to give the ACMA, within the period

specified in the request, further information about the application.

(2) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

(3) In this section:

business day means a day on which the ACMA is open for

business in the Australian Capital Territory and in Victoria.

56 Grant of licence

(1) After considering an application, the ACMA may grant a carrier

licence in accordance with the application.

(2) If the ACMA grants a carrier licence to a person, the ACMA must

give the person a written notice stating that the licence has been

granted.

(3) If the ACMA grants a carrier licence, the ACMA must cause to be

published in the Gazette a notice stating that the licence has been

granted.

56A Consultation with Communications Access Co-ordinator

(1) The ACMA must not grant a carrier licence unless it has consulted

the Communications Access Co-ordinator about the licence

application.

(2) Within 15 business days after the date on which the ACMA

received the licence application, the Communications Access

Co-ordinator may give a written notice to the ACMA, stating that

the Communications Access Co-ordinator does not require any

further consultation about the application. The notice cannot be

revoked.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 56A

66 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Under section 53A, the application is treated as not being received by

the ACMA until a copy has been received by the Communications

Access Co-ordinator.

(3) Within 15 business days after the date on which the ACMA

received the licence application, the Communications Access

Co-ordinator may give a written notice to the ACMA:

(a) stating that, while the notice remains in force, the ACMA

must not grant the carrier licence; and

(b) specifying the period during which the notice remains in

force (unless earlier revoked), which period cannot end more

than 3 months after the date of the notice.

However, the Communications Access Co-ordinator cannot give

such a notice if the Communications Access Co-ordinator has

earlier given a notice under subsection (2) in relation to the

application.

(4) At any time while a notice is in force under subsection (3), or

under this subsection, the Communications Access Co-ordinator

may give a further written notice to the ACMA:

(a) stating that, while the notice remains in force, the ACMA

must not grant the carrier licence; and

(b) specifying the period during which the notice remains in

force (unless earlier revoked), which period cannot end more

than 3 months after the date of the notice or more than 12

months after the date of the notice under subsection (3).

(5) The Communications Access Co-ordinator may, by notice in

writing to the ACMA, revoke a notice under subsection (3) or (4).

(6) The Communications Access Co-ordinator cannot issue a further

notice under subsection (3) or (4) in respect of the application after

it has revoked such a notice.

(7) The ACMA must give the applicant a copy of each notice that the

ACMA receives from the Communications Access Co-ordinator

under subsection (3), (4) or (5).

(8) The ACMA must not grant the carrier licence while a notice is in

force under subsection (3) or (4).

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 57

Telecommunications Act 1997 67

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(9) In this section:

business day means a day on which the ACMA is open for

business in the Australian Capital Territory and in Victoria.

57 Carrier licence has effect subject to this Act

(1) A carrier licence has effect subject to this Act.

(2) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

58 Refusal of carrier licence—disqualified applicant

(1) The ACMA may refuse to grant a carrier licence to an applicant if,

immediately before the ACMA makes its decision on the

application, the applicant is disqualified.

When body corporate is disqualified

(2) For the purposes of this section, a body corporate is disqualified at

a particular time (the test time) if:

(a) at any time before the test time, a carrier licence held by the

body corporate was cancelled under subsection 72(1) or

(2A); or

(b) at any time before the test time, a carrier licence held by a

partnership in which the body corporate was a partner was

cancelled under subsection 72(1) or (2A); or

disqualified:

(i) a director of the body corporate;

(ii) the secretary of the body corporate;

(iii) a person (by whatever name called and whether or not a

director of the body corporate) who is concerned in, or

takes part in, the management of the body corporate.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 58

68 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

When individual is disqualified—failure to pay annual charge

(3) For the purposes of subsection (2), an individual is disqualified at a

particular time (the test time) if:

(a) at any time before the test time, a carrier licence held by a

body corporate or partnership was cancelled under

subsection 72(1) because of a failure by the body corporate

or partnership to pay in full the charge referred to in that

subsection; and

(b) in the case of a body corporate—at the time when the charge

referred to in subsection 72(1) was due and payable, the

individual was:

(i) a director of the body corporate; or

(ii) the secretary of the body corporate; or

(iii) a person (by whatever name called and whether or not a

director of the body corporate) who was concerned in,

or took part in, the management of the body corporate;

and

referred to in subsection 72(1) was due and payable, the

individual:

(i) was an employee of the partnership; and

(ii) was concerned in, or took part in, the management of

the partnership; and

(d) the individual:

(i) aided, abetted, counselled or procured the failure of the

body corporate or partnership; or

(ii) was in any way, by act or omission, directly or

indirectly, knowingly concerned in, or party to, the

failure of the body corporate or partnership.

When individual is disqualified—failure to pay industry levy

(4A) For the purposes of subsection (2), an individual is disqualified at a

particular time (the test time) if:

(a) at any time before the test time, a carrier licence held by a

body corporate or partnership was cancelled under

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 58

Telecommunications Act 1997 69

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

subsection 72(2A) because of a failure by the body corporate

or partnership to pay in full the industry levy referred to in

that subsection; and

(b) in the case of a body corporate—at the time when the

industry levy referred to in subsection 72(2A) was due and

payable, the individual was:

(i) a director of the body corporate; or

(ii) the secretary of the body corporate; or

(iii) a person (by whatever name called and whether or not a

director of the body corporate) who was concerned in,

or took part in, the management of the body corporate;

and

levy referred to in subsection 72(2A) was due and payable,

the individual:

(i) was an employee of the partnership; and

(ii) was concerned in, or took part in, the management of

the partnership; and

(d) the individual:

(i) aided, abetted, counselled or procured the failure of the

body corporate or partnership; or

(ii) was in any way, by act or omission, directly or

indirectly, knowingly concerned in, or party to, the

failure of the body corporate or partnership.

When partnership is disqualified

(5) For the purposes of this section, a partnership is disqualified at a

particular time (the test time) if:

(a) at any time before the test time, a carrier licence held by the

partnership was cancelled under subsection 72(1) or (2A); or

(b) at the test time, any of the partners is disqualified; or

(i) is an employee of the partnership; and

(ii) is concerned in, or takes part in, the management of the

partnership;

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 58A

70 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

is disqualified.

This section does not limit grounds for refusal to grant carrier

licence

(6) This section does not, by implication, limit the grounds on which

the ACMA may refuse to grant a carrier licence.

58A Refusal of carrier licence—security

(1) If the Attorney-General, after consulting the Prime Minister and

the Minister administering this Act, considers that the grant of a

carrier licence to a particular person would be prejudicial to

security, the Attorney-General may give a written direction to the

ACMA not to grant a carrier licence to the person.

(2) The ACMA must comply with a direction under subsection (1).

(3) While a direction is in force under this section:

(a) the ACMA cannot reconsider a non-compulsory refusal to

grant a carrier licence to the person; and

(b) the Administrative Appeals Tribunal cannot consider an

application for review of a non-compulsory refusal to grant a

carrier licence to the person.

(4) If an application for a carrier licence is pending at the time when

the Attorney-General gives a direction to the ACMA under this

section, then the application lapses.

Note: Section 73A provides for refund of the application charge.

(5) In this section:

non-compulsory refusal means a refusal to grant a carrier licence,

other than a refusal that is required by section 56A or this section.

security has the same meaning as in the Australian Security

Intelligence Organisation Act 1979.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 59

Telecommunications Act 1997 71

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

59 Time limit on licence decision

Deemed refusal of licence application if no decision by deadline

(1) If the ACMA neither grants, nor refuses to grant, a carrier licence

before the end of the deadline day worked out under the following

subsections, then the ACMA is taken, at the end of that day, to

have refused to grant the licence.

Case 1: no section 55 request and no section 56A notice in force

(2) If:

(a) the ACMA did not give a section 55 request; and

(b) there is no section 56A notice in force at the end of the 20th

business day after the application day;

then the deadline day is the 20th business day after the application

day.

Case 2: no section 55 request but section 56A notice in force

(3) If:

(a) the ACMA did not give a section 55 request; and

(b) there is a section 56A notice in force at the end of the 20th

business day after the application day;

then the deadline day is the fifth business day after the section 56A

expiration day. For this purpose, the section 56A expiration day is

the first day after the end of that 20th business day on which there

is no notice in force under section 56A.

Case 3: section 55 request complied with and no section 56A

notice in force

(4) If:

(a) the ACMA gave a section 55 request; and

(b) the request was complied with; and

business day after the day on which the request was complied

with;

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 59

72 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

then the deadline day is the tenth business day after the day on

which the request was complied with.

Case 4: section 55 request complied with and section 56A notice in

force

(5) If:

(a) the ACMA gave a section 55 request; and

(b) the request was complied with; and

business day after the day on which the request was complied

with;

then the deadline day is the fifth business day after the section 56A

expiration day. For this purpose, the section 56A expiration day is

the first day after the end of that tenth business day on which there

is no notice in force under section 56A.

Case 5: section 55 request not complied with and no section 56A

notice in force

(6) If:

(a) the ACMA gave a section 55 request; and

(b) the request was not complied with; and

business day after the day specified in the section 55 request;

then the deadline day is the tenth business day after the day

specified in the section 55 request.

Case 6: section 55 request not complied with and section 56A

notice in force

(7) If:

(a) the ACMA gave a section 55 request; and

(b) the request was not complied with; and

business day after the day specified in the section 55 request;

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 60

Telecommunications Act 1997 73

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

then the deadline day is the fifth business day after the section 56A

expiration day. For this purpose, the section 56A expiration day is

the first day after the end of that tenth business day on which there

is no notice in force under section 56A.

(8) In this section:

application day means the day on which the ACMA received the

licence application.

Note: Under section 53A, the application is treated as not being received by

the ACMA until a copy has been received by the Communications

Access Co-ordinator.

business day means a day on which the ACMA is open for

business in the Australian Capital Territory and in Victoria.

section 55 request means a request under section 55 in relation to

the licence application.

section 56A notice means a notice under subsection 56A(3) or (4)

in relation to the licence application.

60 Notification of refusal of application

If the ACMA refuses to grant a carrier licence, the ACMA must

give written notice of the refusal to the applicant.

61 Conditions of carrier licence specified in Schedule 1

A carrier licence is subject to the conditions specified in

Schedule 1.

62 Condition of carrier licence set out in section 152AZ of the

Competition and Consumer Act 2010

A carrier licence is subject to the condition set out in

section 152AZ of the Competition and Consumer Act 2010.

Note: Section 152AZ of the Competition and Consumer Act 2010 deals with

standard access obligations.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 62A

74 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

62A Condition of carrier licence set out in section 152BCO of the

Competition and Consumer Act 2010

A carrier licence is subject to the condition set out in

section 152BCO of the Competition and Consumer Act 2010.

Note: Section 152BCO of the Competition and Consumer Act 2010 deals

with access determinations.

62B Condition of carrier licence set out in section 152BDF of the

Competition and Consumer Act 2010

A carrier licence is subject to the condition set out in

section 152BDF of the Competition and Consumer Act 2010.

Note: Section 152BDF of the Competition and Consumer Act 2010 deals

with binding rules of conduct.

62C Condition of carrier licence set out in section 152BEC of the

Competition and Consumer Act 2010

A carrier licence is subject to the condition set out in

section 152BEC of the Competition and Consumer Act 2010.

Note: Section 152BEC of the Competition and Consumer Act 2010 deals

with access agreements.

62D Condition of carrier licence set out in section 152CJC of the

Competition and Consumer Act 2010

A carrier licence held by an NBN corporation is subject to the

condition set out in section 152CJC of the Competition and

Consumer Act 2010.

Note: Section 152CJC of the Competition and Consumer Act 2010 deals

with rules about the supply of services by NBN corporations.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 62E

Telecommunications Act 1997 75

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

62E Condition of carrier licence set out in section 37 of the National

Broadband Network Companies Act 2011

A carrier licence held by an NBN corporation is subject to the

condition set out in section 37 of the National Broadband Network

Companies Act 2011.

Note: Section 37 of the National Broadband Network Companies Act 2011

deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

63 Conditions of carrier licence declared by Minister

Conditions applying to each carrier licence

(1) The Minister may, by legislative instrument, declare that each

carrier licence is subject to such conditions as are specified in the

instrument.

Conditions applying to specified existing carrier licences

(2) The Minister may, by legislative instrument, declare that a

specified carrier licence is subject to such conditions as are

specified in the instrument.

Note: A licence may be specified by name, by inclusion in a specified class

or in any other way.

Conditions applying to specified future carrier licences

(3) The Minister may, by legislative instrument, declare that, in the

event that a carrier licence is granted to a specified person during a

specified period, the carrier licence is subject to such conditions as

are specified in the instrument.

Declarations have effect

(4) A declaration under this section has effect accordingly.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 64

76 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Variation of conditions

(5) The Minister may, by legislative instrument, vary an instrument

under subsection (1), (2) or (3).

Revocation of conditions

(6) The Minister may, by legislative instrument, revoke an instrument

under subsection (1), (2) or (3).

Notification of conditions—existing licences

(7) As soon as practicable after the Minister makes an instrument

under subsection (1), (2), (5) or (6) that relates to a licence, the

Minister must give the holder of the licence a copy of the

instrument.

Notification of conditions—future licences

(8) As soon as practicable after the Minister makes an instrument

under subsection (3) that relates to a licence, the Minister must

give the applicant for the licence a copy of the instrument.

Validity not affected by failure to notify conditions

(9) A contravention of subsection (7) or (8) does not affect the validity

of an instrument.

Date of effect—future licences

(12) An instrument under subsection (3) relating to a licence takes

effect when the licence is granted.

64 Consultation about declared licence conditions

(1) Before making an instrument under subsection 63(1), (2), (5) or (6)

that relates to a licence, the Minister must first:

(a) cause the holder of the licence to be given a written notice

setting out a draft version of the instrument and inviting the

holder to make submissions to the Minister on the draft; and

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 65

Telecommunications Act 1997 77

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) consider any submissions that were received within the time

limit specified in the notice.

(2) The time limit specified in a notice under subsection (1) must be at

least 30 days.

(3) Before making an instrument under subsection 63(3) that relates to

a licence, the Minister must first:

(a) cause the applicant for the licence to be given a written notice

setting out a draft version of the instrument and inviting the

applicant to make submissions to the Minister on the draft;

and

(b) consider any submissions that were received within the time

limit specified in the notice.

65 Conditions about foreign ownership or control

(1) A condition of a carrier licence may relate to the extent of foreign

ownership or control (whether direct or indirect) of the holder.

(2) Subsection (1) does not, by implication, limit the conditions that

may be declared under section 63.

67 Carrier licence conditions—special provisions

(1) A condition of a carrier licence held by a carrier has effect subject

to the provisions of a licence under the Radiocommunications Act

1992 under which the carrier is authorised to do something.

(2) A condition of a carrier licence held by a carrier may remove or

restrict a right or privilege that the carrier would otherwise have

under a provision of this Act (whether or not in the carrier’s

capacity as a carrier).

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 68

78 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

68 Compliance with conditions

(1) A carrier must not contravene a condition of the carrier licence

held by the carrier.

(2) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

(3) Subsections (1) and (2) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

69 Remedial directions—breach of condition

(1) This section applies if a carrier has contravened, or is contravening,

a condition of the carrier licence held by the carrier.

(2) The ACMA may give the carrier a written direction requiring the

carrier to take specified action directed towards ensuring that the

carrier does not contravene the condition, or is unlikely to

contravene the condition, in the future.

(3) The following are examples of the kinds of direction that may be

given to a carrier under subsection (2):

(a) a direction that the carrier implement effective administrative

systems for monitoring compliance with a condition of the

licence;

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 69

Telecommunications Act 1997 79

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a direction that the carrier implement a system designed to

give the carrier’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of a condition of the licence, in so far as those requirements

affect the employees, agents or contractors concerned.

(4) A carrier must not contravene a direction under subsection (2).

(5) Subsection (1) does not apply to a condition set out in Part 1 of

Schedule 1 in so far as that condition relates to section 369.

Note: Section 369 deals with Rules of Conduct under section 367.

(5A) Subsection (1) does not apply to a condition set out in Part 1 of

Schedule 1 in so far as that condition relates to section 577AD,

577CD or 577ED.

Note: Sections 577AD, 577CD and 577ED deal with undertakings given by

Telstra.

(6) Subsection (1) does not apply to a condition set out in Part 3, 4 or 5

of Schedule 1.

Note: Parts 3, 4 and 5 of Schedule 1 deal with access to network information

and access to facilities.

(6B) Subsection (1) does not apply to the condition set out in clause 84

of Schedule 1.

Note: Clause 84 of Schedule 1 deals with control by Telstra of certain

spectrum licences.

(7) Subsection (1) does not apply to the condition set out in

section 152AZ of the Competition and Consumer Act 2010.

Note: Section 152AZ of the Competition and Consumer Act 2010 deals with

standard access obligations.

(7A) Subsection (1) does not apply to the condition set out in

section 152BCO of the Competition and Consumer Act 2010.

Note: Section 152BCO of the Competition and Consumer Act 2010 deals

with access determinations.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 69AA

80 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(7B) Subsection (1) does not apply to the condition set out in

section 152BDF of the Competition and Consumer Act 2010.

Note: Section 152BDF of the Competition and Consumer Act 2010 deals

with binding rules of conduct.

(7C) Subsection (1) does not apply to the condition set out in

section 152BEC of the Competition and Consumer Act 2010.

Note: Section 152BEC of the Competition and Consumer Act 2010 deals

with access agreements.

(7D) Subsection (1) does not apply to the condition set out in

section 152CJC of the Competition and Consumer Act 2010.

Note: Section 152CJC of the Competition and Consumer Act 2010 deals

with rules about the supply of services by NBN corporations.

(7E) Subsection (1) does not apply to the condition set out in section 37

of the National Broadband Network Companies Act 2011.

Note: Section 37 of the National Broadband Network Companies Act 2011

deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

(7F) Subsection (1) does not apply to a condition covered by section 41

of the National Broadband Network Companies Act 2011.

Note: Section 41 of the National Broadband Network Companies Act 2011

deals with rules about the supply of services by NBN corporations.

(8) A direction under subsection (2) is not a legislative instrument.

69AA Remedial directions—breach of conditions relating to access

Scope

(1) This section applies if:

(a) a carrier has contravened, or is contravening, a condition of

the carrier licence held by the carrier; and

(b) the condition is set out in Part 3, 4 or 5 of Schedule 1.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 70

Telecommunications Act 1997 81

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Parts 3, 4 and 5 of Schedule 1 deal with access to network information

and access to facilities.

Direction

(2) The ACCC may give the carrier a written direction requiring the

carrier to take specified action directed towards ensuring that the

carrier does not contravene the condition, or is unlikely to

contravene the condition, in the future.

(3) The following are examples of the kinds of direction that may be

given to a carrier under subsection (2):

(a) a direction that the carrier implement effective administrative

systems for monitoring compliance with the condition;

(b) a direction that the carrier implement a system designed to

give the carrier’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of the condition, in so far as those requirements affect the

employees, agents or contractors concerned.

(4) The ACCC must not give a direction under subsection (2) if the

direction 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.

(5) A carrier must not contravene a direction under subsection (2).

(6) A direction under subsection (2) is not a legislative instrument.

70 Formal warnings—breach of condition

(1) The ACMA may issue a formal warning if a carrier contravenes a

condition of the carrier licence held by the carrier.

(2) Subsection (1) does not apply to a condition set out in Part 1 of

Schedule 1 in so far as that condition relates to section 369.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 70

82 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Section 369 deals with Rules of Conduct under section 367.

(2A) Subsection (1) does not apply to a condition set out in Part 1 of

Schedule 1 in so far as that condition relates to section 577AD,

577CD or 577ED.

Note: Sections 577AD, 577CD and 577ED deal with undertakings given by

Telstra.

(3) Subsection (1) does not apply to a condition set out in Part 3, 4 or 5

of Schedule 1.

Note: Parts 3, 4 and 5 of Schedule 1 deal with access to network information

and access to facilities.

(3B) Subsection (1) does not apply to the condition set out in clause 84

of Schedule 1.

Note: Clause 84 of Schedule 1 deals with control by Telstra of certain

spectrum licences.

(4) Subsection (1) does not apply to the condition set out in

section 152AZ of the Competition and Consumer Act 2010.

Note: Section 152AZ of the Competition and Consumer Act 2010 deals with

standard access obligations.

(4A) Subsection (1) does not apply to the condition set out in

section 152BCO of the Competition and Consumer Act 2010.

Note: Section 152BCO of the Competition and Consumer Act 2010 deals

with access determinations.

(4B) Subsection (1) does not apply to the condition set out in

section 152BDF of the Competition and Consumer Act 2010.

Note: Section 152BDF of the Competition and Consumer Act 2010 deals

with binding rules of conduct.

(4C) Subsection (1) does not apply to the condition set out in

section 152BEC of the Competition and Consumer Act 2010.

Note: Section 152BEC of the Competition and Consumer Act 2010 deals

with access agreements.

(4D) Subsection (1) does not apply to the condition set out in

section 152CJC of the Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 70

Telecommunications Act 1997 83

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Section 152CJC of the Competition and Consumer Act 2010 deals

with rules about the supply of services by NBN corporations.

(4E) Subsection (1) does not apply to the condition set out in section 37

of the National Broadband Network Companies Act 2011.

Note: Section 37 of the National Broadband Network Companies Act 2011

deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

(4F) Subsection (1) does not apply to a condition covered by section 41

of the National Broadband Network Companies Act 2011.

Note: Section 41 of the National Broadband Network Companies Act 2011

deals with rules about the supply of services by NBN corporations.

(5) The ACCC may issue a formal warning if a carrier contravenes any

of the following conditions of the carrier licence held by the

carrier:

(a) the condition set out in Part 1 of Schedule 1 in so far as that

condition relates to section 369;

(aa) the condition set out in Part 1 of Schedule 1 in so far as that

condition relates to section 577AD, 577CD or 577ED;

(b) a condition set out in Part 3, 4 or 5 of Schedule 1;

and Consumer Act 2010;

(d) the condition set out in section 152BCO of the Competition

and Consumer Act 2010;

(e) the condition set out in section 152BDF of the Competition

and Consumer Act 2010;

(f) the condition set out in section 152BEC of the Competition

and Consumer Act 2010;

(g) the condition set out in section 152CJC of the Competition

and Consumer Act 2010;

(h) the condition set out in section 37 of the National Broadband

Network Companies Act 2011;

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 71

84 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) a condition covered by section 41 of the National Broadband

Network Companies Act 2011.

71 Surrender of carrier licence

A carrier may, by written notice given to the ACMA, surrender the

carrier licence held by the carrier.

72 Cancellation of carrier licence

Failure to pay annual charge

(1) The ACMA may cancel a carrier licence held by a carrier if the

carrier fails to pay in full any annual charge on or before the date

on which the charge becomes due and payable. For this purpose,

annual charge means charge imposed by Part 3 of the

Telecommunications (Carrier Licence Charges) Act 1997.

Failure to pay industry levy

(2A) The ACMA may cancel a carrier licence held by a carrier if the

carrier fails to pay in full any industry levy on or before the date on

which the industry levy becomes due and payable.

Note: Industry levy is defined by section 7 to mean levy imposed by the

Telecommunications (Industry Levy) Act 2012.

Becoming a disqualified body corporate

(3) If the holder of a carrier licence becomes a disqualified body

corporate (within the meaning of section 58), the ACMA may

cancel the licence.

Becoming a disqualified partnership

(4) If the holder of a carrier licence becomes a disqualified partnership

(within the meaning of section 58), the ACMA may cancel the

licence.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 73

Telecommunications Act 1997 85

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Ceasing to be a constitutional corporation, eligible partnership or

public body

(5) If, at a particular time, the holder of a carrier licence is none of the

following:

(a) a constitutional corporation;

(b) an eligible partnership;

the licence is taken to have been cancelled at that time.

Submissions relating to proposed cancellation

(6) The ACMA must not cancel a carrier licence under subsection (1),

(2), (3) or (4) unless the ACMA has first:

(a) given the carrier a written notice:

(i) setting out a proposal to cancel the licence; and

(ii) inviting the carrier to make a submission to the ACMA

on the proposal; and

(b) considered any submission that was received within the time

limit specified in the notice.

Time limit

(7) A time limit specified in the notice under subsection (6) must run

for at least 7 days.

Notification of cancellation

(8) If a carrier licence held by a person is cancelled, the ACMA must

give written notice of the cancellation to the person.

73 Collection of charges relating to carrier licences

Definitions

(1) In this section:

annual charge means charge imposed by Part 3 of the

Telecommunications (Carrier Licence Charges) Act 1997.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 73

86 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

application charge means charge imposed by Part 2 of the

Telecommunications (Carrier Licence Charges) Act 1997.

late payment penalty means an amount that is payable by way of

penalty in accordance with a determination under subsection (4).

When application charge due and payable

(2) Application charge imposed on an application for a carrier licence

is due and payable when the application is made.

When annual charge due and payable

(3) Annual charge is due and payable at the time ascertained in

accordance with a written determination made by the ACMA.

Late payment penalty

(4) The ACMA may, by written instrument, determine that, if any

annual charge payable by a person remains unpaid after the time

when it became due for payment, the person is liable to pay to the

Commonwealth, by way of penalty, an amount calculated at the

rate of:

(a) 20% per annum; or

(b) if the determination specifies a lower percentage—that lower

percentage per annum;

on the amount unpaid, computed from that time.

Determination has effect

(5) A determination under subsection (4) has effect accordingly.

Remission of penalty

(6) A determination under subsection (4) may authorise the ACMA to

make decisions about the remission of the whole or a part of an

amount of late payment penalty.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Carrier licences Division 3

Section 73A

Telecommunications Act 1997 87

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Payment of charge and late payment penalty

(7) Annual charge, application charge and late payment penalty are

payable to the ACMA on behalf of the Commonwealth.

Recovery of charge and penalty

(8) Annual charge, application charge and late payment penalty may

be recovered by the ACMA, on behalf of the Commonwealth, as

debts due to the Commonwealth.

Payment to the Commonwealth

(9) Amounts received by way of annual charge, application charge or

late payment penalty must be paid to the Commonwealth.

Legislative instrument

(10) A determination under subsection (3) or (4) is a legislative

instrument.

73A Refund of application charge

(1) This section applies to application charge that has been paid in

respect of an application for a carrier licence if:

(a) the application lapses under section 58A; or

(b) the application has been refused and there is no longer any

possibility of the refusal decision being set aside.

(2) The ACMA, on behalf of the Commonwealth, must refund the

application charge to the applicant.

(3) The Consolidated Revenue Fund is appropriated for payments

under this section.

(4) In this section:

application charge means charge imposed by Part 2 of the

Telecommunications (Carrier Licence Charges) Act 1997.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 3 Carrier licences

Section 74

88 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

74 Collection of charges on behalf of the Commonwealth

The ACMA may enter into an arrangement with a person under

which the person may, on behalf of the Commonwealth, collect

payments of charge imposed by the Telecommunications (Carrier

Licence Charges) Act 1997.

75 Cancellation of certain exemptions from charge

(1) This section cancels the effect of a provision of another Act that

would have the effect of exempting a person from liability to pay

charge imposed by the Telecommunications (Carrier Licence

Charges) Act 1997.

(2) The cancellation does not apply if the provision of the other Act is

enacted after the commencement of this section and refers

specifically to charge imposed by the Telecommunications

(Carrier Licence Charges) Act 1997.

76 Commonwealth not liable to charge

(1) The Commonwealth is not liable to pay charge imposed by the

Telecommunications (Carrier Licence Charges) Act 1997.

(2) A reference in this section to the Commonwealth includes a

reference to an authority of the Commonwealth that cannot, by law

of the Commonwealth, be made liable to taxation by the

Commonwealth.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Nominated carrier declarations Division 4

Section 77

Telecommunications Act 1997 89

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Nominated carrier declarations

77 Applications for nominated carrier declarations

A carrier may apply to the ACMA for a nominated carrier

declaration in relation to one or more specified network units.

Note: A network unit may be specified by name, by inclusion in a specified

class or in any other way.

78 Application to be accompanied by charge etc.

(1) An application must be accompanied by:

(a) the charge (if any) fixed by a determination under section 60

of the Australian Communications and Media Authority Act

2005; and

(b) the consent of the owner, or each of the owners, of the

network units; and

units for the purposes of this Act.

(2) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

79 Form of application etc.

The application, consent and election must be:

(a) in writing; and

(b) in accordance with a form approved in writing by the

ACMA.

80 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.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 4 Nominated carrier declarations

Section 81

90 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

81 Making a nominated carrier declaration

(1) After considering the application, the ACMA may declare in

writing that the applicant is the nominated carrier in relation to the

network units if the ACMA is satisfied that:

(a) if the declaration were made, the applicant would be in a

position to comply with all of the obligations imposed on the

applicant in the applicant’s capacity as the nominated carrier

in relation to the units; and

(b) the making of the declaration will not impede the efficient

administration of this Act.

(2) The ACMA may only declare one carrier to be the nominated

carrier in relation to the network units.

(3) The ACMA must give a copy of the declaration to:

(a) the applicant; and

(b) the owner, or each of the owners, of the network units.

(4) A copy of the declaration is to be published in the Gazette.

(5) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

81A Obligations of nominated carrier

(1) If at any time the nominated carrier does not own or operate the

network units, this Act nevertheless applies to the nominated

carrier in relation to the network units as if they were owned or

operated by the nominated carrier.

(2) Subsection (1) does not affect the application of this Act in relation

to any other person who owns or operates the network units.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Nominated carrier declarations Division 4

Section 82

Telecommunications Act 1997 91

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

82 Notification of refusal of application

If the ACMA refuses to make a nominated carrier declaration, the

ACMA must give written notice of the refusal to:

(a) the applicant; and

(b) the owner, or each of the owners, of the network units.

83 Revocation of nominated carrier declaration

(1) The ACMA may, by writing, revoke a nominated carrier

declaration relating to a nominated carrier if the ACMA is satisfied

that, if it were assumed that the nominated carrier were to apply for

the declaration, the ACMA would refuse to make the declaration.

(2) The ACMA must, by writing, revoke the nominated carrier

declaration relating to a nominated carrier and relating to one or

more network units if:

(a) the owner, or any of the owners, of the network units gives

the ACMA a written notice stating that the owner does not

consent to the continued operation of the declaration; or

(b) the nominated carrier gives the ACMA a written notice

stating that it does not accept responsibility for the units for

the purposes of this Act.

(3) The ACMA must give a copy of the revocation to:

(a) the former nominated carrier; and

(b) the owner, or each of the owners, of the network units

concerned.

(4) A copy of the revocation must be published in the Gazette.

(5) A revocation under subsection (1) or (2) takes effect on the date

specified in the revocation.

Authorised Version C2017C00179 registered 30/06/2017

Part 3 Carriers

Division 4 Nominated carrier declarations

Section 83

92 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) The ACMA must not revoke a nominated carrier declaration under

subsection (1) unless the ACMA has first:

(a) given the nominated carrier a written notice:

(i) setting out a proposal to revoke the declaration; and

(ii) inviting the nominated carrier to make a submission to

the ACMA on the proposal; and

(b) considered any submission that was received within the time

limit specified in the notice.

(7) A time limit specified in a notice under subsection (6) must run for

at least 7 days.

(8) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

Authorised Version C2017C00179 registered 30/06/2017

Carriers Part 3

Section 84

Telecommunications Act 1997 93

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Register of nominated carrier declarations and

carrier licences

84 Register of nominated carrier declarations and carrier licences

(1) The ACMA is to maintain a Register in which the ACMA

includes:

(a) all nominated carrier declarations currently in force; and

(b) all carrier licences currently in force; and

(2) The Register may be maintained by electronic means.

(3) A person may, on payment of the charge (if any) fixed by a

determination under section 60 of the Australian Communications

and Media Authority Act 2005:

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

(4) For the purposes of this section, if the Register is maintained by

electronic means, a person is taken to have made a copy of, or

taken an extract from, the Register if the ACMA gives the person a

printout of, or of the relevant parts of, the Register.

(5) If a person requests that a copy be provided in an electronic form,

the ACMA may provide the relevant information:

(a) on a data processing device; or

(b) by way of electronic transmission.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 1 Simplified outline

Section 85

94 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 4—Service providers

Division 1—Simplified outline

85 Simplified outline

The following is a simplified outline of this Part:

• A service provider is:

(a) a carriage service provider; or

(b) a content service provider.

• A carriage service provider is a person who supplies, or

proposes to supply, certain carriage services.

• A content service provider is a person who supplies, or

proposes to supply, certain content services.

• Service providers must comply with the service provider

rules.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Service providers Division 2

Section 86

Telecommunications Act 1997 95

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Service providers

86 Service providers

For the purposes of this Act, a service provider is:

(a) a carriage service provider; or

(b) a content service provider.

Note 1: Carriage service provider is defined by section 87.

Note 2: Content service provider is defined by section 97.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 3 Carriage service providers

Section 87

96 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Carriage service providers

87 Carriage service providers

Basic definition

(1) For the purposes of this Act, if a person supplies, or proposes to

supply, a listed carriage service to the public using:

(a) a network unit owned by one or more carriers; or

(b) a network unit in relation to which a nominated carrier

declaration is in force;

the person is a carriage service provider.

International carriage service providers

(2) For the purposes of this Act, if:

(a) a person supplies, or proposes to supply, a listed carriage

service to the public using:

(i) a line link connecting a place in Australia and a place

outside Australia; or

(ii) a satellite-based facility; and

(b) the carriage service is mentioned in paragraph 16(1)(b) or (c);

the person is a carriage service provider.

Secondary users of exempt network units

(3) For the purposes of this Act, if:

(a) a carrier or an exempt network-user supplies a carriage

service as mentioned in any of the following provisions:

(i) paragraph 45(2)(b);

(ii) paragraph 47(5)(b);

(iii) paragraph 47(6)(b);

(iv) paragraph 47(7)(b);

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Carriage service providers Division 3

Section 87

Telecommunications Act 1997 97

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(v) paragraph 47(8)(b);

(vi) paragraph 48(2)(d);

(vii) paragraph 48(4)(b);

(viii) paragraph 49(2)(b);

(ix) paragraph 50(2)(c);

(x) paragraph 50(5)(c);

(xi) paragraph 50(7)(c); and

(b) the carriage service is supplied to the public;

the carrier or the exempt network-user, as the case may be, is a

carriage service provider.

Declared carriage service providers

(4) The Minister may, by legislative instrument, declare that a

specified person who supplies, or proposes to supply, a specified

listed carriage service is a carriage service provider for the

purposes of this Act. A declaration under this subsection has effect

accordingly.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Intermediaries

(5) For the purposes of this Act, if:

(a) a person (the first person), for reward, arranges, or proposes

to arrange, for the supply of a listed carriage service by a

carriage service provider to a third person; and

(b) the first person would be a carriage service provider under

subsection (1) or (2) if the person had supplied that carriage

service; and

third person is, or is to be, governed (in whole or in part) by

an agreement between the first person and the third person

that deals with one or more matters relating to the continuing

supply of the service (whether or not that supply is, or is to

be, for a readily ascertainable period); and

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 3 Carriage service providers

Section 88

98 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) the conditions (if any) specified in a determination under

subsection (8) are satisfied;

the person is a carriage service provider.

Note: Under section 7, carriage service intermediary is defined to mean a

person who is a carriage service provider under this subsection.

(6) For the purposes of paragraph (5)(a), it does not matter whether the

first person makes arrangements as agent for:

(a) the carriage service provider; or

(b) the third person; or

(7) The reference in paragraph (5)(a) to reward does not include a

reference to remuneration received in the capacity of employee.

(8) The Minister may, by legislative instrument, make a determination

for the purposes of paragraph (5)(d).

88 Supply to the public

(1) This section sets out the circumstances in which a carriage service

is taken, for the purposes of subsections 87(1), (2) and (3), to be

supplied to the public.

(2) If:

(a) a carriage service is used for the carriage of communications

between 2 end-users; and

(b) each end-user is outside the immediate circle of the supplier

of the service;

the service is supplied to the public.

(3) If:

(a) a carriage service is used to supply point-to-multipoint

services to end-users; and

(b) at least one end-user is outside the immediate circle of the

supplier of the service;

the service is supplied to the public.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Carriage service providers Division 3

Section 89

Telecommunications Act 1997 99

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) If:

(a) a carriage service is used to supply designated content

services (other than point-to-multipoint services) to

end-users; and

(b) at least one end-user is outside the immediate circle of the

supplier of the service;

the service is supplied to the public.

(5) For the purposes of this section, a designated content service is a

content service of a kind specified in a written determination made

by the Minister.

(6) A determination under subsection (5) is a legislative instrument.

89 Exemption from definition—customers located on the same

premises

(1) If:

(a) the supplier of a carriage service manages a business or other

activity carried on at particular premises; and

(b) that business or activity is the sole or principal use of the

premises; and

the premises;

subsections 87(1) and (2) do not apply to the carriage service.

(2) In this section:

premises includes:

(a) land; and

(b) a group of buildings that is located in the same vicinity.

90 Exemption from definition—defence

(1) If the sole or principal use of a carriage service is use by, or on

behalf of, a defence organisation to carry communications

necessary or desirable for defence purposes, subsections 87(1) and

(2) do not apply to the service.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 3 Carriage service providers

Section 91

100 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) In this section:

defence organisation means:

(a) the Defence Department; or

(b) the Australian Defence Force; or

organisation:

(i) has functions corresponding to functions of, or of a part

of, the Defence Department or the Australian Defence

Force; and

(ii) is authorised by the Commonwealth to operate or train

in Australia or an external Territory; or

(d) a part of such an organisation or body.

91 Exemption from definition—intelligence operations

Subsections 87(1) and (2) do not apply to a carriage service that is

used wholly or principally:

(a) by the Australian Secret Intelligence Service; or

(b) by the Australian Security Intelligence Organisation.

92 Exemption from definition—transport authorities

(1) Subsections 87(1) and (2) do not apply to a carriage service if the

sole or principal use of the carriage service is use by Airservices

Australia to carry communications necessary or desirable for the

workings of aviation services.

(3) Subsections 87(1) and (2) do not apply to a carriage service if the

sole or principal use of the unit is use by a State or Territory

transport authority to carry communications necessary or desirable

for the workings of the following services:

(a) train services of a kind provided by the authority;

(b) bus or other road services of a kind provided by the

authority;

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Carriage service providers Division 3

Section 93

Telecommunications Act 1997 101

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) Subsections 87(1) and (2) do not apply to a carriage service if the

sole or principal use of the carriage service is use by a rail

corporation to carry communications necessary or desirable for the

workings of train services.

(5) In this section:

rail corporation means a body corporate that manages or operates

either or both of the following:

(a) rail transport services;

(b) rail transport infrastructure.

93 Exemption from definition—broadcasting services

(1) If:

(a) the sole or principal use of a carriage service is use to carry

communications that are necessary or desirable for either or

both of the following purposes:

(i) the supply of broadcasting services to the public;

(ii) the supply of a secondary carriage service by means of

the main carrier signal of a primary broadcasting

service; and

(b) those communications are neither:

(i) communications carried between the head end of a cable

transmission system and the equipment used by an

end-user to receive a broadcasting service; nor

(ii) communications carried from a broadcasting transmitter

transmitting a signal of a broadcasting service to its

intended audience;

subsections 87(1) and (2) do not apply to the carriage service.

(2) If the sole or principal use of a carriage service is use for the

purpose of a re-transmission of a kind mentioned in

paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992,

subsections 87(1) and (2) of this Act do not apply to the service.

(2A) For the purposes of this section, disregard subsection 212(3) of the

Broadcasting Services Act 1992.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 3 Carriage service providers

Section 94

102 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In this section:

broadcasting transmitter means a radiocommunications

transmitter used, or for use, to deliver a broadcasting service.

head end of a cable transmission system means a facility that:

(a) is connected to a line link; and

(b) is used, or for use, in connection with the delivery of a

broadcasting service; and

having equipment appropriate for receiving the service.

94 Exemption from definition—electricity supply bodies

(1) If the sole or principal use of a carriage service is use by an

electricity supply body to carry communications necessary or

desirable for:

(a) managing the generation, transmission, distribution or supply

of electricity; or

(b) charging for the supply of electricity;

subsection 87(1) does not apply to the service.

(2) In this section:

electricity supply body means an authority, or a body corporate,

that carries on a business, or performs a function, of:

(a) generating, transmitting, distributing or supplying electricity;

(b) managing the generation, transmission, distribution or supply

of electricity.

95 Exemption from definition—Ministerial determination

(1) The Minister may, by legislative instrument, determine that a

specified eligible definition provision does not apply in relation to:

(a) a specified carriage service; or

(b) a specified person.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Carriage service providers Division 3

Section 96

Telecommunications Act 1997 103

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) A determination under this section may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(3) A determination under this section has effect accordingly.

(5) For the purposes of this section, each of the following provisions is

an eligible definition provision:

(a) subsection 87(1);

(b) subsection 87(2);

(d) subsection 87(5).

96 Exemption from certain regulatory provisions—Ministerial

determination

(1) The Minister may, by legislative instrument, determine that a

specified regulatory provision does not apply to a specified person

in the person’s capacity as a designated carriage service provider.

For this purpose, a designated carriage service provider is a

person who is a carriage service provider under subsection 87(4) or

(5).

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) A determination under this section may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(3) A determination under this section has effect accordingly.

(5) For the purposes of this section, a regulatory provision is a

provision of:

(a) this Act; or

(b) any other law of the Commonwealth;

that contains a reference to a carriage service provider or to

carriage service providers.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 4 Content service providers

Section 97

104 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Content service providers

97 Content service providers

(1) For the purposes of this Act, if a person uses, or proposes to use, a

listed carriage service to supply a content service to the public, the

person is a content service provider.

(2) For the purposes of subsection (1), a content service is supplied to

the public if, and only if, at least one end-user of the content

service is outside the immediate circle of the supplier of the

content service.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Service provider rules Division 5

Section 98

Telecommunications Act 1997 105

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Service provider rules

98 Service provider rules

(1) For the purposes of this Act, the following are the service provider

rules:

(a) the rules set out in Schedule 2;

(b) the rules (if any) set out in service provider determinations in

force under section 99.

(2) In addition to the rules mentioned in subsection (1), the rule set out

in subsection 152BA(2) of the Competition and Consumer Act

2010 is a service provider rule for the purposes of this Act.

Note: Subsection 152BA(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

standard access obligations that are applicable to the provider.

(3) In addition to the rules mentioned in subsection (1), the rule set out

in subsection 152BCP(2) of the Competition and Consumer Act

2010 is a service provider rule for the purposes of this Act.

Note: Subsection 152BCP(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any access

determinations that are applicable to the provider.

(4) In addition to the rules mentioned in subsection (1), the rule set out

in subsection 152BDG(2) of the Competition and Consumer Act

2010 is a service provider rule for the purposes of this Act.

Note: Subsection 152BDG(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

binding rules of conduct that are applicable to the provider.

(5) In addition to the rules mentioned in subsection (1), the rule set out

in subsection 152BED(2) of the Competition and Consumer Act

2010 is a service provider rule for the purposes of this Act.

Note: Subsection 152BED(2) of the Competition and Consumer Act 2010

deals with access agreements.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 5 Service provider rules

Section 99

106 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) In addition to the rules mentioned in subsection (1), the rule set out

in subsection 152CJD(2) of the Competition and Consumer Act

2010 is a service provider rule for the purposes of this Act.

Note: Subsection 152CJD(2) of the Competition and Consumer Act 2010

deals with rules about the supply of services by NBN corporations.

(7) In addition to the rules mentioned in subsection (1), the rule set out

in subsection 38(2) of the National Broadband Network

Companies Act 2011 is a service provider rule for the purposes of

this Act.

Note: Subsection 38(2) of the National Broadband Network Companies Act

2011 deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

99 Service provider determinations

(1) The ACMA may, by legislative instrument, make a determination

setting out rules that apply to service providers in relation to the

supply of either or both of the following:

(a) specified carriage services;

(b) specified content services.

The determination is called a service provider determination.

(2) A service provider determination has effect only to the extent that:

(a) it is authorised by paragraph 51(v) of the Constitution (either

alone or when read together with paragraph 51(xxxix) of the

Constitution); or

(b) both:

(i) it is authorised by section 122 of the Constitution; and

(ii) it would have been authorised by paragraph 51(v) of the

Constitution (either alone or when read together with

paragraph 51(xxxix) of the Constitution) if section 51 of

the Constitution extended to the Territories.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Service provider rules Division 5

Section 100

Telecommunications Act 1997 107

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) The ACMA must not make a service provider determination unless

the determination relates to a matter specified in the regulations or

in section 346.

(4) Before making a service provider determination, the ACMA must

consult the ACCC.

(5) A service provider determination may make provision for or in

relation to a particular matter by empowering the ACMA to make

decisions of an administrative character.

100 Exemptions from service provider rules

(1) The Minister may, by legislative instrument, determine that a

specified service provider is exempt from the service provider

rules.

(2) The Minister may, by legislative instrument, determine that a

specified service provider is exempt from a specified service

provider rule.

(3) A determination under this section may be unconditional or subject

to such conditions (if any) as are specified in the determination.

(4) A determination under this section has effect accordingly.

101 Service providers must comply with service provider rules

(1) A service provider must comply with the service provider rules that

apply to the provider.

Note: Service provider rules is defined by section 98.

(2) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 5 Service provider rules

Section 102

108 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) conspire with others to effect a contravention of

subsection (1).

(3) Subsections (1) and (2) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

102 Remedial directions—breach of service provider rules

(1) This section applies if a service provider has contravened, or is

contravening, a service provider rule.

(2) The ACMA may give the provider a written direction requiring the

provider to take specified action directed towards ensuring that the

provider does not contravene the rule, or is unlikely to contravene

the rule, in the future.

(3) The following are examples of the kinds of direction that may be

given to a service provider under subsection (2):

(a) a direction that the provider implement effective

administrative systems for monitoring compliance with a

service provider rule;

(b) a direction that the provider implement a system designed to

give the provider’s employees, agents and contractors a

reasonable knowledge and understanding of the requirements

of a service provider rule, in so far as those requirements

affect the employees, agents or contractors concerned.

(4) A service provider must not contravene a direction under

subsection (2).

(5) Subsection (1) does not apply to the rule set out in Part 1 of

Schedule 2 in so far as that rule relates to section 369.

Note: Section 369 deals with Rules of Conduct under section 367.

(6) Subsection (1) does not apply to the rule set out in

subsection 152BA(2) of the Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Service provider rules Division 5

Section 102

Telecommunications Act 1997 109

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Subsection 152BA(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

standard access obligations that are applicable to the provider.

(6A) Subsection (1) does not apply to the rule set out in

subsection 152BCP(2) of the Competition and Consumer Act 2010.

Note: Subsection 152BCP(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any access

determinations that are applicable to the provider.

(6B) Subsection (1) does not apply to the rule set out in

subsection 152BDG(2) of the Competition and Consumer Act

2010.

Note: Subsection 152BDG(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

binding rules of conduct that are applicable to the provider.

(6C) Subsection (1) does not apply to the rule set out in

subsection 152BED(2) of the Competition and Consumer Act

2010.

Note: Subsection 152BED(2) of the Competition and Consumer Act 2010

deals with access agreements.

(6D) Subsection (1) does not apply to the rule set out in

subsection 152CJD(2) of the Competition and Consumer Act 2010.

Note: Subsection 152CJD(2) of the Competition and Consumer Act 2010

deals with rules about the supply of services by NBN corporations.

(6E) Subsection (1) does not apply to the rule set out in subsection 38(2)

of the National Broadband Network Companies Act 2011.

Note: Subsection 38(2) of the National Broadband Network Companies Act

2011 deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

(7) A direction under subsection (2) is not a legislative instrument.

Authorised Version C2017C00179 registered 30/06/2017

Part 4 Service providers

Division 5 Service provider rules

Section 103

110 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

103 Formal warnings—breach of service provider rules

(1) The ACMA may issue a formal warning if a person contravenes a

service provider rule.

(2) Subsection (1) does not apply to the rule set out in Part 1 of

Schedule 2 in so far as that rule relates to section 369.

Note: Section 369 deals with Rules of Conduct under section 367.

(3) Subsection (1) does not apply to the rule set out in

subsection 152BA(2) of the Competition and Consumer Act 2010.

Note: Subsection 152BA(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

standard access obligations that are applicable to the provider.

(3A) Subsection (1) does not apply to the rule set out in

subsection 152BCP(2) of the Competition and Consumer Act 2010.

Note: Subsection 152BCP(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any access

determinations that are applicable to the provider.

(3B) Subsection (1) does not apply to the rule set out in

subsection 152BDG(2) of the Competition and Consumer Act

2010.

Note: Subsection 152BDG(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

binding rules of conduct that are applicable to the provider.

(3C) Subsection (1) does not apply to the rule set out in

subsection 152BED(2) of the Competition and Consumer Act

2010.

Note: Subsection 152BED(2) of the Competition and Consumer Act 2010

deals with access agreements.

(3D) Subsection (1) does not apply to the rule set out in

subsection 152CJD(2) of the Competition and Consumer Act 2010.

Note: Subsection 152CJD(2) of the Competition and Consumer Act 2010

deals with rules about the supply of services by NBN corporations.

Authorised Version C2017C00179 registered 30/06/2017

Service providers Part 4

Service provider rules Division 5

Section 103

Telecommunications Act 1997 111

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3E) Subsection (1) does not apply to the rule set out in subsection 38(2)

of the National Broadband Network Companies Act 2011.

Note: Subsection 38(2) of the National Broadband Network Companies Act

2011 deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

(4) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in subsection 152BA(2) of the

Competition and Consumer Act 2010.

(4A) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in subsection 152BCP(2) of the

Competition and Consumer Act 2010.

(4B) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in subsection 152BDG(2) of the

Competition and Consumer Act 2010.

(4C) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in subsection 152BED(2) of the

Competition and Consumer Act 2010.

(4D) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in subsection 152CJD(2) of the

Competition and Consumer Act 2010.

(4E) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in subsection 38(2) of the National

Broadband Network Companies Act 2011.

(5) The ACCC may issue a formal warning if a person contravenes the

service provider rule set out in Part 1 of Schedule 2 in so far as that

rule relates to section 369.

Authorised Version C2017C00179 registered 30/06/2017

Part 5 Monitoring of the performance of carriers and carriage service providers

Section 104

112 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 5—Monitoring of the performance of carriers

and carriage service providers

104 Simplified outline

The following is a simplified outline of this Part:

• The ACMA is to monitor, and report each year to the Minister

on, significant matters relating to the performance of carriers

and carriage service providers.

• The ACMA may be directed by the Minister to monitor, and

report on, specified matters relating to the performance of

carriers and carriage service providers.

• The ACCC is to monitor, and report each financial year to the

Minister on, breaches by Telstra of an undertaking about

structural separation.

105 Monitoring of performance—annual report

(1) The ACMA must monitor, and report each financial year to the

Minister on, all significant matters relating to the performance of:

(a) carriers; and

(b) carriage service providers;

with particular reference to:

(d) consumer benefits; and

(e) quality of service.

(2) In performing its functions under subsection (1), the ACMA must

have regard to such world best practice performance indicators as

the ACMA considers appropriate. This subsection does not, by

implication, limit subsection (1).

Authorised Version C2017C00179 registered 30/06/2017

Monitoring of the performance of carriers and carriage service providers Part 5

Section 105

Telecommunications Act 1997 113

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) A report under subsection (1) must set out details of the following

matters:

(a) the efficiency with which carriers and carriage service

providers supply:

(i) carriage services; or

(ii) ancillary goods; or

(iii) ancillary services;

(b) the adequacy and quality of the:

(i) carriage services; or

(ii) billing services; or

(iii) billing information services; or

(iv) ancillary goods; or

(v) ancillary services;

supplied by carriers or carriage service providers;

provider’s compliance with its obligations under Part 6;

(d) the adequacy of each carrier’s and each carriage service

provider’s compliance with:

(i) codes registered under Part 6; and

(ii) standards determined under Part 6;

(e) if there are any obligations under Part 2 of the

Telecommunications (Consumer Protection and Service

Standards) Act 1999—the adequacy of compliance with

those obligations;

(ea) the operation of Parts 2 and 5 of the Telecommunications

(Consumer Protection and Service Standards) Act 1999;

(f) such other matters relating to the performance of carriers or

carriage service providers as the ACMA thinks appropriate.

(4) The ACMA must monitor, and report each financial year to the

Minister on, the appropriateness and adequacy of the approaches

taken by the carriage service providers in carrying out their

obligations, and discharging their liabilities, under Part 5 of the

Telecommunications (Consumer Protection and Service Standards)

Act 1999.

Authorised Version C2017C00179 registered 30/06/2017

Part 5 Monitoring of the performance of carriers and carriage service providers

Section 105A

114 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5A) The ACMA must monitor, and report each financial year to the

Minister on:

(a) the operation of Part 14 and on the costs of compliance with

the requirements of that Part; and

(b) without limiting paragraph (a), the costs of compliance with

the requirements of Part 5-1A of the Telecommunications

(Interception and Access) Act 1979 (about data retention).

(6) The ACMA must give a report under subsection (1), (4) or (5A) to

the Minister as soon as practicable after the end of the financial

year concerned.

(7) The Minister must cause a copy of a report under subsection (1),

(4) or (5A) to be laid before each House of the Parliament within

15 sitting days of that House after receiving the report.

(8) In this section:

ancillary goods means goods for use in connection with a carriage

service.

ancillary service means a service for use in connection with a

carriage service.

105A Monitoring of performance—additional report

(1) The ACMA must monitor, and report to the Minister on, specified

matters relating to the performance of carriers and carriage service

providers in accordance with any written direction given by the

Minister to the ACMA.

(2) The ACMA must give a report under subsection (1) to the

Minister:

(a) if paragraph (b) does not apply—as soon as practicable after

the end of a period specified in the direction; or

(b) if the direction requires the report to be given before a

specified time—before that time.

Authorised Version C2017C00179 registered 30/06/2017

Monitoring of the performance of carriers and carriage service providers Part 5

Section 105C

Telecommunications Act 1997 115

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

105C Monitoring of breaches by Telstra of an undertaking about

structural separation

Monitoring

(1) The ACCC must monitor, and report each financial year to the

Minister on, breaches by Telstra of an undertaking in force under

section 577A.

Report

(2) The ACCC must give a report under subsection (1) to the Minister

as soon as practicable after the end of the financial year concerned.

(3) The Minister must cause a copy of a report under subsection (1) to

be tabled in each House of the Parliament within 15 sitting days of

that House after receiving the report.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 1 Simplified outline

Section 106

116 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 6—Industry codes and industry standards

Division 1—Simplified outline

106 Simplified outline

The following is a simplified outline of this Part.

• Bodies and associations that represent sections of the

telecommunications industry, the telemarketing industry or

the fax marketing industry may develop industry codes.

• Industry codes may be registered by the ACMA.

• Compliance with an industry code is voluntary unless the

ACMA directs a particular participant in the

telecommunications industry, the telemarketing industry or

the fax marketing industry to comply with the code.

• The ACMA has a reserve power to make an industry standard

if there are no industry codes or if an industry code is

deficient.

• Compliance with industry standards is mandatory.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Interpretation Division 2

Section 107

Telecommunications Act 1997 117

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Interpretation

107 Industry codes

For the purposes of this Part, an industry code is a code developed

under this Part (whether or not in response to a request under this

Part).

108 Industry standards

For the purposes of this Part, an industry standard is a standard

determined under this Part.

108A Electronic messaging service provider

(1) For the purposes of this Part, if a person supplies, or proposes to

supply, an electronic messaging service to the public, the person is

an electronic messaging service provider.

(2) For the purposes of subsection (1), a service is supplied to the

public if, and only if, at least one end-user of the service is outside

the immediate circle of the supplier of the service.

(3) In this section:

electronic message has the same meaning as in the Spam Act 2003.

electronic messaging service means a service that enables any or

all of the following electronic messages to be sent or received:

(a) web-based email;

(b) instant messages;

(d) messages of a kind specified in the regulations.

message has the same meaning as in the Spam Act 2003.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 2 Interpretation

Section 108B

118 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

108B Telecommunications industry

For the purposes of this Part, the telecommunications industry

includes an industry that involves carrying on business as an

electronic messaging service provider.

109 Telecommunications activity

For the purposes of this Part, a telecommunications activity is an

activity that consists of:

(a) carrying on business as a carrier; or

(b) carrying on business as a carriage service provider; or

supply of a listed carriage service; or

(d) supplying a content service using a listed carriage service; or

(e) manufacturing or importing customer equipment or customer

cabling; or

(f) installing, maintaining, operating or providing access to:

(i) a telecommunications network; or

(ii) a facility;

used to supply a listed carriage service; or

(g) carrying on business as an electronic messaging service

provider.

109B Telemarketing activity

(1) For the purposes of this Part, a telemarketing activity is an activity

to which subsection (2), (3) or (4) applies.

(2) This subsection applies to an activity that:

(a) is carried on by a person (the first person) under a contract or

arrangement (other than a contract of employment); and

(b) consists of:

(i) using telemarketing calls to market, advertise or

promote goods or services, where the first person is not

the supplier or prospective supplier of the goods or

services; or

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Interpretation Division 2

Section 109B

Telecommunications Act 1997 119

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) using telemarketing calls to advertise or promote a

supplier or prospective supplier of goods or services,

where the first person is not the supplier or prospective

supplier of the goods or services; or

(iii) using telemarketing calls to market, advertise or

promote land or interests in land, where the first person

is not the supplier or prospective supplier of the land or

interests in land; or

(iv) using telemarketing calls to advertise or promote a

supplier or prospective supplier of land or interests in

land, where the first person is not the supplier or

prospective supplier of the land or interests in land; or

(v) using telemarketing calls to market, advertise or

promote business opportunities or investment

opportunities, where the first person is not the provider

or prospective provider of the business opportunities or

investment opportunities; or

(vi) using telemarketing calls to advertise or promote a

provider, or prospective provider, of business

opportunities or investment opportunities, where the

first person is not the provider or prospective provider

of the business opportunities or investment

opportunities.

(3) This subsection applies to an activity carried on by a person if the

activity consists of:

(a) using telemarketing calls to market, advertise or promote

goods or services, where the person is the supplier or

prospective supplier of the goods or services; or

(b) using telemarketing calls to advertise or promote a supplier

or prospective supplier of goods or services, where the

person is the supplier or prospective supplier of the goods or

services; or

land or interests in land, where the person is the supplier or

prospective supplier of the land or interests in land; or

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 2 Interpretation

Section 109C

120 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) using telemarketing calls to advertise or promote a supplier

or prospective supplier of land or interests in land, where the

person is the supplier or prospective supplier of the land or

interests in land; or

(e) using telemarketing calls to market, advertise or promote

business opportunities or investment opportunities, where the

person is the provider or prospective provider of the business

opportunities or investment opportunities; or

(f) using telemarketing calls to advertise or promote a provider,

or prospective provider, of business opportunities or

investment opportunities, where the person is the provider or

prospective provider of the business opportunities or

investment opportunities.

(4) This subsection applies to an activity carried on by a person if the

activity consists of:

(a) using telemarketing calls to solicit donations; or

(b) using telemarketing calls to conduct opinion polling; or

questionnaire-based research.

(5) An expression (other than telemarketing call) used in this section

and in section 5 of the Do Not Call Register Act 2006 has the same

meaning in this section as it has in that section.

109C Fax marketing activity

(1) For the purposes of this Part, a fax marketing activity is an activity

to which subsection (2), (3) or (4) applies.

(2) This subsection applies to an activity that:

(a) is carried on by a person (the first person) under a contract or

arrangement (other than a contract of employment); and

(b) consists of:

(i) using marketing faxes to market, advertise or promote

goods or services, where the first person is not the

supplier or prospective supplier of the goods or services;

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Interpretation Division 2

Section 109C

Telecommunications Act 1997 121

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) using marketing faxes to advertise or promote a supplier

or prospective supplier of goods or services, where the

first person is not the supplier or prospective supplier of

the goods or services; or

(iii) using marketing faxes to market, advertise or promote

land or interests in land, where the first person is not the

supplier or prospective supplier of the land or interests

in land; or

(iv) using marketing faxes to advertise or promote a supplier

or prospective supplier of land or interests in land,

where the first person is not the supplier or prospective

supplier of the land or interests in land; or

(v) using marketing faxes to market, advertise or promote

business opportunities or investment opportunities,

where the first person is not the provider or prospective

provider of the business opportunities or investment

opportunities; or

(vi) using marketing faxes to advertise or promote a

provider, or prospective provider, of business

opportunities or investment opportunities, where the

first person is not the provider or prospective provider

of the business opportunities or investment

opportunities.

(3) This subsection applies to an activity carried on by a person if the

activity consists of:

(a) using marketing faxes to market, advertise or promote goods

or services, where the person is the supplier or prospective

supplier of the goods or services; or

(b) using marketing faxes to advertise or promote a supplier or

prospective supplier of goods or services, where the person is

the supplier or prospective supplier of the goods or services;

interests in land, where the person is the supplier or

prospective supplier of the land or interests in land; or

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 2 Interpretation

Section 110

122 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) using marketing faxes to advertise or promote a supplier or

prospective supplier of land or interests in land, where the

person is the supplier or prospective supplier of the land or

interests in land; or

(e) using marketing faxes to market, advertise or promote

business opportunities or investment opportunities, where the

person is the provider or prospective provider of the business

opportunities or investment opportunities; or

(f) using marketing faxes to advertise or promote a provider, or

prospective provider, of business opportunities or investment

opportunities, where the person is the provider or prospective

provider of the business opportunities or investment

opportunities.

(4) This subsection applies to an activity carried on by a person if the

activity consists of:

(a) using marketing faxes to solicit donations; or

(b) using marketing faxes to conduct opinion polling; or

questionnaire-based research.

(5) An expression (other than marketing fax) used in this section and

in section 5B of the Do Not Call Register Act 2006 has the same

meaning in this section as it has in that section.

110 Sections of the telecommunications industry

(1) For the purposes of this Part, sections of the telecommunications

industry are to be ascertained in accordance with this section.

(2) For the purposes of this Part, each of the following groups is a

section of the telecommunications industry:

(a) carriers;

(b) service providers;

(d) carriage service providers who supply standard telephone

services;

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Interpretation Division 2

Section 110

Telecommunications Act 1997 123

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(e) carriage service providers who supply public mobile

telecommunications services;

(f) content service providers;

(g) persons who perform cabling work (within the meaning of

Division 9 of Part 21);

(h) persons who manufacture or import customer equipment or

customer cabling;

(i) electronic messaging service providers;

(j) persons who install:

(i) optical fibre lines; or

(ii) facilities used, or for use, in or in connection with

optical fibre lines.

(3) The ACMA may, by written instrument, determine that persons

carrying on, or proposing to carry on, one or more specified kinds

of telecommunications activity constitute a section of the

telecommunications industry for the purposes of this Part.

(4) The section must be identified in the determination by a unique

name and/or number.

(5) A determination under subsection (3) has effect accordingly.

(6) Sections of the telecommunications industry determined under

subsection (3):

(a) need not be mutually exclusive; and

(b) may consist of the aggregate of any 2 or more sections of the

telecommunications industry mentioned in subsection (2) or

determined under subsection (3); and

industry mentioned in subsection (2) or determined under

subsection (3).

(7) Subsection (6) does not, by implication, limit subsection (3).

(8) A copy of a determination under subsection (3) is to be published

in the Gazette.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 2 Interpretation

Section 110B

124 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

110B Sections of the telemarketing industry

(1) For the purposes of this Part, sections of the telemarketing

industry are to be ascertained in accordance with this section.

(2) If no determination is in force under subsection (3), all of the

persons carrying on, or proposing to carry on, telemarketing

activities constitute a single section of the telemarketing industry

for the purposes of this Part.

(3) The ACMA may, by legislative instrument, determine that persons

carrying on, or proposing to carry on, one or more specified kinds

of telemarketing activity constitute a section of the telemarketing

industry for the purposes of this Part.

(4) The section must be identified in the determination by a unique

name and/or number.

(5) A determination under subsection (3) has effect accordingly.

(6) Sections of the telemarketing industry determined under

subsection (3):

(a) need not be mutually exclusive; and

(b) may consist of the aggregate of any 2 or more sections of the

telemarketing industry mentioned in subsection (2) or

determined under subsection (3); and

mentioned in subsection (2) or determined under

subsection (3).

(7) Subsection (6) does not, by implication, limit subsection (3).

110C Sections of the fax marketing industry

(1) For the purposes of this Part, sections of the fax marketing

industry are to be ascertained in accordance with this section.

(2) If no determination is in force under subsection (3), all of the

persons carrying on, or proposing to carry on, fax marketing

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Interpretation Division 2

Section 111

Telecommunications Act 1997 125

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

activities constitute a single section of the fax marketing industry

for the purposes of this Part.

(3) The ACMA may, by legislative instrument, determine that persons

carrying on, or proposing to carry on, one or more specified kinds

of fax marketing activity constitute a section of the fax marketing

industry for the purposes of this Part.

(4) The section must be identified in the determination by a unique

name and/or number.

(5) A determination under subsection (3) has effect accordingly.

(6) Sections of the fax marketing industry determined under

subsection (3):

(a) need not be mutually exclusive; and

(b) may consist of the aggregate of any 2 or more sections of the

fax marketing industry mentioned in subsection (2) or

determined under subsection (3); and

mentioned in subsection (2) or determined under

subsection (3).

(7) Subsection (6) does not, by implication, limit subsection (3).

111 Participants in a section of the telecommunications industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the telecommunications industry, the

person is a participant in that section of the telecommunications

industry.

111AA Participants in a section of the telemarketing industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the telemarketing industry, the person

is a participant in that section of the telemarketing industry.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 2 Interpretation

Section 111AB

126 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

111AB Participants in a section of the fax marketing industry

For the purposes of this Part, if a person is a member of a group

that constitutes a section of the fax marketing industry, the person

is a participant in that section of the fax marketing industry.

111B Unsolicited commercial electronic messages

(1) For the purposes of this Part, an unsolicited commercial electronic

message is a commercial electronic message that is sent:

(a) without the consent of the relevant electronic account-holder;

(b) to a non-existent electronic address.

(2) An expression used in this section and in the Spam Act 2003 has

the same meaning in this section as it has in that Act.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

General principles relating to industry codes and industry standards Division 3

Section 112

Telecommunications Act 1997 127

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—General principles relating to industry codes

and industry standards

112 Statement of regulatory policy

(1) The Parliament intends that bodies or associations that the ACMA

is satisfied represent sections of the telecommunications industry

should develop codes (industry codes) that are to apply to

participants in the respective sections of the industry in relation to

the telecommunications activities of the participants.

(1B) The Parliament intends that bodies or associations that the ACMA

is satisfied represent sections of the telemarketing industry should

develop codes (industry codes) that are to apply to participants in

the respective sections of the industry in relation to the

telemarketing activities of the participants.

(1C) The Parliament intends that bodies or associations that the ACMA

is satisfied represent sections of the fax marketing industry should

develop codes (industry codes) that are to apply to participants in

the respective sections of the industry in relation to the fax

marketing activities of the participants.

(2) The Parliament intends that the ACMA, in exercising its powers

under sections 117, 118, 119, 123, 124, 125, 125AA, 125A and

125B, will act in a manner that, in the opinion of the ACMA,

enables public interest considerations to be addressed in a way that

does not impose undue financial and administrative burdens on

participants in sections of the telecommunications industry, the

telemarketing industry or the fax marketing industry.

(3) In determining whether public interest considerations are being

addressed in a way that does not impose undue financial and

administrative burdens on participants in sections of the

telecommunications industry (other than electronic messaging

service providers), the ACMA must have regard to:

(a) the number of customers who would be likely to benefit from

the code or standard concerned; and

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Section 112

128 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the extent to which those customers are residential or small

business customers; and

the telecommunications industry; and

(d) the public interest, including the public interest in the

efficient, equitable and ecologically sustainable supply of:

(i) carriage services; and

(ii) goods for use in connection with carriage services; and

(iii) services for use in connection with carriage services;

in a manner that reflects the legitimate expectations of the

Australian community.

(3A) In determining whether public interest considerations are being

addressed in a way that does not impose undue financial and

administrative burdens on participants in the section of the

telecommunications industry that consists of electronic messaging

service providers, the ACMA must have regard to:

(a) the number of end-users who would be likely to benefit from

the code or standard concerned; and

(b) the extent to which those end-users are residential or small

business end-users; and

service providers.

(3C) In determining whether public interest considerations are being

addressed in a way that does not impose undue financial and

administrative burdens on participants in sections of the

telemarketing industry, the ACMA must have regard to:

(a) the number of persons who would be likely to benefit from

the code or standard concerned; and

(b) the extent to which those persons are householders or small

business operators; and

the telemarketing industry.

(3D) In determining whether public interest considerations are being

addressed in a way that does not impose undue financial and

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

General principles relating to industry codes and industry standards Division 3

Section 113

Telecommunications Act 1997 129

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

administrative burdens on participants in sections of the fax

marketing industry, the ACMA must have regard to:

(a) the number of persons who would be likely to benefit from

the code or standard concerned; and

(b) the extent to which those persons are householders or small

business operators; and

the fax marketing industry.

(4) Subsections (3), (3A), (3B), (3C) and (3D) do not, by implication,

limit the matters to which regard may be had.

113 Examples of matters that may be dealt with by industry codes

and industry standards

(1) This section sets out examples of matters that may be dealt with by

industry codes and industry standards.

(2) The applicability of a particular example will depend on which

section of the telecommunications industry, the telemarketing

industry or the fax marketing industry is involved.

(3) The examples are as follows:

(a) telling customers about:

(i) goods or services on offer; and

(ii) the prices of those goods or services; and

(iii) the other terms and conditions on which those goods or

services are offered;

(b) giving customers information about performance indicators

customers can use to evaluate the quality of services;

those performance indicators;

(d) the internal handling of customer complaints;

(e) reporting about customer complaints;

(f) privacy and, in particular:

(i) the protection of personal information; and

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Section 113

130 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) the intrusive use of telecommunications by carriers or

service providers; and

(iii) the monitoring or recording of communications; and

(iv) calling number display; and

(v) the provision of directory products and services;

(g) the “churning” of customers;

(h) security deposits given by customers;

(i) debt collection practices;

(j) customer credit practices;

(k) disconnection of customers;

(l) ensuring that customers have an informed basis on which to

enter into agreements of a kind mentioned in

paragraph 22(2)(d) or (e) or (4)(a) (which deal with

boundaries of telecommunications networks);

(m) the quality of standard telephone services;

(n) the accuracy of billing of customers of carriage service

providers in relation to the supply of standard telephone

services;

(o) the timeliness and comprehensibility of bills;

(p) the procedures to be followed in order to generate standard

billing reports to assist in the investigation of customer

complaints about bills;

(pa) the design features of:

(i) optical fibre lines; or

(ii) facilities used, or for use, in or in connection with

optical fibre lines;

(pb) performance requirements to be met by:

(i) optical fibre lines; or

(ii) facilities used, or for use, in or in connection with

optical fibre lines;

(pc) the characteristics of carriage services supplied using optical

fibre lines;

(pd) performance requirements to be met by carriage services

supplied using optical fibre lines;

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

General principles relating to industry codes and industry standards Division 3

Section 113

Telecommunications Act 1997 131

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(q) procedures to be followed by:

(i) internet service providers; and

(ii) electronic messaging service providers;

in dealing with unsolicited commercial electronic messages

(including procedures relating to the provision or use of

regularly updated software for filtering unsolicited

commercial electronic messages);

(r) giving customers information about the availability, use and

appropriate application of software for filtering unsolicited

commercial electronic messages;

(s) action to be taken to assist in the development and evaluation

of software for filtering unsolicited commercial electronic

messages;

(t) action to be taken in order to minimise or prevent the sending

or delivery of unsolicited commercial electronic messages,

including:

(i) the configuration of servers so as to minimise or prevent

the sending or delivery of unsolicited commercial

electronic messages; and

(ii) the shutdown of open relay servers;

(u) action to be taken to ensure responsible practices in relation

to the use of commercial electronic messages to market,

advertise or promote goods or services to individuals who are

under 18 years of age;

(v) procedures to be followed in relation to the giving of consent

by relevant electronic account-holders (within the meaning of

the Spam Act 2003) to the sending of commercial electronic

messages;

(w) record-keeping practices to be followed in relation to

telemarketing calls made or attempted to be made;

(x) action to be taken to limit the total number of telemarketing

calls attempted to be made, by a particular participant in a

section of the telemarketing industry, during a particular

period, where the recipient answers the attempted call, but

the attempted call does not have any content;

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Section 114

132 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(y) action to be taken to limit the total number of telemarketing

calls made, or attempted to be made, by a particular

participant in a section of the telemarketing industry, during a

particular period to a particular Australian number;

(z) record-keeping practices to be followed in relation to

marketing faxes sent or attempted to be sent;

(za) action to be taken to limit the total number of marketing

faxes sent or attempted to be sent, by a particular participant

in a section of the fax marketing industry, during a particular

period to a particular Australian number.

114 Industry codes and industry standards may confer powers on

the Telecommunications Industry Ombudsman

(1) If the Telecommunications Industry Ombudsman consents, an

industry code or industry standard may confer functions and

powers on the Telecommunications Industry Ombudsman.

(2) The continuity of a consent under subsection (1) is not affected by:

(a) a change in the occupancy of the position of

Telecommunications Industry Ombudsman; or

(b) a vacancy in the position of Telecommunications Industry

Ombudsman that does not continue for more than 4 months.

115 Industry codes and industry standards not to deal with certain

design features and performance requirements

(1) For the purposes of this Part, an industry code or an industry

standard has no effect:

(a) to the extent (if any) to which compliance with the code or

standard is likely to have the effect (whether direct or

indirect) of requiring customer equipment, customer cabling,

a telecommunications network or a facility:

(i) to have particular design features; or

(ii) to meet particular performance requirements; or

(b) to the extent (if any) to which it deals with the content of

content services.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

General principles relating to industry codes and industry standards Division 3

Section 115

Telecommunications Act 1997 133

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The rule in subsection (1) does not apply to an industry code or an

industry standard to the extent (if any) to which compliance with

the code or standard is likely:

(a) to have the indirect effect of requiring customer equipment,

customer cabling, a telecommunications network or a facility

to have particular design features that relate to:

(i) the accuracy of billing of customers of carriage service

providers in relation to the supply of standard telephone

services; or

(ii) the quality of standard telephone services; or

(iii) a matter specified in the regulations; or

(b) to have the direct or indirect effect of requiring customer

equipment, customer cabling, a telecommunications network

or a facility to meet performance requirements that relate to:

(i) the accuracy of billing of customers of carriage service

providers in relation to the supply of standard telephone

services; or

(ii) the quality of standard telephone services; or

(iii) a matter specified in the regulations.

(3) The rule in subsection (1) does not apply to an industry code or an

industry standard to the extent (if any) to which the code or

standard deals with a matter referred to in paragraph 113(3)(f) or

(t).

(4) The rule in subsection (1) does not apply to an industry code made

for the purposes of Division 2AA of Part V of the Copyright Act

1968.

(5) The rule in subsection (1) does not apply to an industry code or an

industry standard to the extent (if any) to which compliance with

the code or standard is likely to have the effect (whether direct or

indirect) of requiring:

(a) optical fibre lines; or

(b) facilities used, or for use, in or in connection with optical

fibre lines;

to:

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 3 General principles relating to industry codes and industry standards

Section 116

134 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) meet particular performance requirements.

116 Industry codes and industry standards not to deal with matters

dealt with by codes and standards under Part 9 of the

Broadcasting Services Act

For the purposes of this Part, an industry code or an industry

standard that deals with a matter relating to a content service has

no effect to the extent (if any) to which the matter is dealt with by a

code registered, or standard determined, under Part 9 of the

Broadcasting Services Act 1992.

116A Industry codes and standards do not affect Privacy Act 1988

Neither an industry code nor an industry standard derogates from a

requirement made by or under the Privacy Act 1988 or a registered

APP code (as defined in that Act).

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 117

Telecommunications Act 1997 135

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Industry codes

117 Registration of industry codes

(1) This section applies if:

(a) the ACMA is satisfied that a body or association represents a

particular section of the telecommunications industry, the

telemarketing industry or the fax marketing industry; and

(b) that body or association develops an industry code that

applies to participants in that section of the industry and deals

with one or more matters relating to the telecommunications

activities, telemarketing activities or fax marketing activities,

as the case may be, of those participants; and

ACMA; and

(d) the ACMA is satisfied that:

(i) in a case where the code deals with matters of

substantial relevance to the community—the code

provides appropriate community safeguards for the

matters covered by the code; or

(ii) in a case where the code does not deal with matters of

substantial relevance to the community—the code deals

with the matters covered by the code in an appropriate

manner; and

(e) the ACMA is satisfied that, before giving the copy of the

code to the ACMA:

(i) the body or association published a draft of the code on

its website, and invited participants in that section of the

industry to make submissions to the body or association

about the draft within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from participants in that

section of the industry within that period; and

(iii) the body or association complied with the section 119B

publication requirements in relation to any submissions

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 117

136 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

that were received from participants in that section of

the industry within that period; and

(f) the ACMA is satisfied that, before giving the copy of the

code to the ACMA:

(i) the body or association published a draft of the code on

its website, and invited members of the public to make

submissions to the body or association about the draft

within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from members of the

public within that period; and

(iii) the body or association complied with the section 119B

publication requirements in relation to any submissions

that were received from members of the public within

that period; and

(g) the ACMA is satisfied that the ACCC has been consulted

about the development of the code; and

(h) except in a case where:

(i) the code applies to participants in a section of the

telemarketing industry and deals with one or more

matters relating to the telemarketing activities of those

participants; or

(ii) the code applies to participants in a section of the fax

marketing industry and deals with one or more matters

relating to the fax marketing activities of those

participants;

the ACMA is satisfied that the Telecommunications Industry

Ombudsman has been consulted about the development of

the code; and

(i) the ACMA is satisfied that at least one body or association

that represents the interests of consumers has been consulted

about the development of the code; and

(j) in a case where the code deals with a matter set out in

paragraph 113(3)(f)—the ACMA is satisfied that the

Information Commissioner has been consulted by the body or

association about the development of the code before the

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 118

Telecommunications Act 1997 137

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

body or association gave the copy of the code to the ACMA;

and

(k) the ACMA has consulted the Information Commissioner

about the code and consequently believes that he or she is

satisfied with the code, if the code deals directly or indirectly

with a matter dealt with by:

(i) the Australian Privacy Principles; or

(ii) other provisions of the Privacy Act 1988 that relate to

those principles; or

(iii) a registered APP code (as defined in that Act) that binds

a participant in that section of the telecommunications

industry, the telemarketing industry or the fax marketing

industry; or

(iv) provisions of that Act that relate to the registered APP

code

(2) The ACMA must register the code by including it in the Register

of industry codes kept under section 136.

(3) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must

run for at least 30 days.

(4) If:

(a) an industry code (the new code) is registered under this Part;

and

(b) the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new

code is registered.

Note: An industry code also ceases to be registered when it is removed from

the Register of industry codes under section 122A.

118 ACMA may request codes

(1) If the ACMA is satisfied that a body or association represents a

particular section of the telecommunications industry, the

telemarketing industry or the fax marketing industry, the ACMA

may, by written notice given to the body or association, request the

body or association to:

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 118

138 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) develop an industry code that applies to participants in that

section of the industry and deals with one or more specified

matters relating to the telecommunications activities,

telemarketing activities or fax marketing activities, as the

case may be, of those participants; and

(b) give the ACMA a copy of the code within the period

specified in the notice.

Note: The ACMA may request the body or association to develop the

industry code to replace an earlier industry code that the Information

Commissioner (exercising functions under the Privacy Act 1988) has

advised the ACMA is inconsistent with the Australian Privacy

Principles or a relevant registered APP code (as defined in that Act).

(2) The period specified in a notice under subsection (1) must run for

at least 120 days.

(3) The ACMA must not make a request under subsection (1) in

relation to a particular section of the telecommunications industry,

the telemarketing industry or the fax marketing industry unless the

ACMA is satisfied that:

(a) the development of the code is necessary or convenient in

order to:

(i) provide appropriate community safeguards; or

(ii) otherwise deal with the performance or conduct of

participants in that section of the industry; and

(b) in the absence of the request, it is unlikely that an industry

code would be developed within a reasonable period.

(4) The ACMA must not make a request under subsection (1) in

relation to a code if:

(a) the code would deal with a matter referred to in

paragraph 113(3)(f) (which relates to privacy); and

(b) compliance with the code would be likely to have the effect

(whether direct or indirect) of requiring customer equipment,

customer cabling, a telecommunications network or a

facility:

(i) to have particular design features; or

(ii) to meet particular performance requirements.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 118

Telecommunications Act 1997 139

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

However, this rule does not apply if the ACMA is satisfied that the

benefits to the community from the operation of the code would

outweigh the costs of compliance with the code.

(4AA) The rule in subsection (4) does not apply to a code to the extent (if

any) to which compliance with the code is likely to have the effect

(whether direct or indirect) of requiring:

(a) optical fibre lines; or

(b) facilities used, or for use, in or in connection with optical

fibre lines;

to:

(d) meet particular performance requirements.

(4A) The ACMA must consult the Information Commissioner before

making a request under subsection (1) for the development of an

industry code that could reasonably be expected to deal directly or

indirectly with a matter dealt with by:

(a) the Australian Privacy Principles; or

(b) other provisions of the Privacy Act 1988 relating to those

principles; or

or more participants in the section of the telecommunications

industry, the telemarketing industry or the fax marketing

industry to which the request relates; or

(d) provisions of that Act that relate to the registered APP code.

(5) The ACMA may vary a notice under subsection (1) by extending

the period specified in the notice.

(6) Subsection (5) does not, by implication, limit the application of

subsection 33(3) of the Acts Interpretation Act 1901.

(7) A notice under subsection (1) may specify indicative targets for

achieving progress in the development of the code (for example, a

target of 60 days to develop a preliminary draft of the code).

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 119

140 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

119 Publication of notice where no body or association represents a

section of the telecommunications industry, the

telemarketing industry or the fax marketing industry

(1) If the ACMA is satisfied that a particular section of the

telecommunications industry, the telemarketing industry or the fax

marketing industry is not represented by a body or association, the

ACMA may publish a notice in the Gazette:

(a) stating that, if such a body or association were to come into

existence within a specified period, the ACMA would be

likely to give a notice to that body or association under

subsection 118(1); and

(b) setting out the matter or matters relating to

telecommunications activities, telemarketing activities or fax

marketing activities, as the case may be, that would be likely

to be specified in the subsection 118(1) notice.

(2) The period specified in a notice under subsection (1) must run for

at least 60 days.

119A Variation of industry codes

Scope

(1) This section applies if:

(a) an industry code is registered under this Part; and

(b) the code:

(i) applies to participants in a particular section of the

telecommunications industry, the telemarketing industry

or the fax marketing industry; and

(ii) deals with one or more matters relating to the

telecommunications activities, telemarketing activities

or fax marketing activities, as the case may be, of those

participants; and

variation of the code to the ACMA; and

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 119A

Telecommunications Act 1997 141

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) disregarding any provisions of the code that are not affected

(whether directly or indirectly) by the variation, the ACMA

is satisfied that:

(i) in a case where the code (as proposed to be varied)

deals with matters of substantial relevance to the

community—the code (as proposed to be varied)

provides appropriate community safeguards for the

matters covered by the code (as proposed to be varied);

(ii) in a case where the code (as proposed to be varied) does

not deal with matters of substantial relevance to the

community—the code (as proposed to be varied) deals

with the matters covered by the code (as proposed to be

varied) in an appropriate manner; and

(e) except in a case where the draft variation is of a minor

nature—the ACMA is satisfied that, before giving the copy

of the draft variation to the ACMA:

(i) the body or association published the draft variation on

its website and invited participants in that section of the

industry to make submissions to the body or association

about the draft variation within a specified period; and

(ii) the body or association gave consideration to any

submissions that were received from participants in that

section of the industry within that period; and

(iii) the body or association complied with the section 119B

publication requirements in relation to any submissions

that were received from participants in that section of

the industry within that period; and

(f) except in a case where the draft variation is of a minor

nature—the ACMA is satisfied that, before giving the copy

of the draft variation to the ACMA:

(i) the body or association published the draft variation on

its website and invited members of the public to make

submissions to the body or association about the draft

variation within a specified period; and

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 119A

142 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) the body or association gave consideration to any

submissions that were received from members of the

public within that period; and

(iii) the body or association complied with the section 119B

publication requirements in relation to any submissions

that were received from members of the public within

that period; and

(g) the ACMA is satisfied that the ACCC has been consulted

about the development of the draft variation; and

(h) except in a case where:

(i) the code (as proposed to be varied) applies to

participants in a section of the telemarketing industry

and deals with one or more matters relating to the

telemarketing activities of those participants; or

(ii) the code (as proposed to be varied) applies to

participants in a section of the fax marketing industry

and deals with one or more matters relating to the fax

marketing activities of those participants;

the ACMA is satisfied that the Telecommunications Industry

Ombudsman has been consulted about the development of

the draft variation; and

(i) the ACMA is satisfied that at least one body or association

that represents the interests of consumers has been consulted

about the development of the draft variation; and

(j) in a case where the draft variation deals with a matter set out

in paragraph 113(3)(f)—the ACMA is satisfied that the

Information Commissioner has been consulted by the body or

association about the development of the draft variation

before the body or association gave the copy of the draft

variation to the ACMA; and

(k) the ACMA has consulted the Information Commissioner

about the draft variation and consequently believes that he or

she is satisfied with the draft variation, if the draft variation

deals directly or indirectly with a matter dealt with by:

(i) the Australian Privacy Principles; or

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 119B

Telecommunications Act 1997 143

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) other provisions of that Act that relate to those

Principles; or

(iii) an approved privacy code (as defined in that Act) that

binds a participant in that section of the

telecommunications industry, the telemarketing industry

or the fax marketing industry; or

(iv) provisions of that Act that relate to the approved privacy

code.

Approval of variation

(2) The ACMA must, by written notice given to the body or

association, approve the draft variation.

(3) If the ACMA approves the draft variation, the code is varied

accordingly.

Period for making submissions

(4) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must

run for at least 30 days.

119B Publication requirements for submissions

(1) This section sets out the publication requirements that apply to

submissions that:

(a) are about a particular draft; and

(b) were received by a body or association as mentioned in:

(i) subparagraph 117(1)(e)(iii); or

(ii) subparagraph 117(1)(f)(iii); or

(iii) subparagraph 119A(1)(e)(iii); or

(iv) subparagraph 119A(1)(f)(iii).

Publication of submissions

(2) The body or association must publish those submissions on its

website.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 119B

144 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Subsection (2) has effect subject to subsections (4) and (6).

Confidential or commercially sensitive material

(4) If:

(a) a submission made by a person consists wholly or partly of

material that is claimed by the person to be confidential or

commercially sensitive; and

(b) the person has requested the body or association not to

publish the material; and

confidential or commercially sensitive;

then:

(d) if the submission consists wholly of the material—the body

or association is not required to publish the submission on its

website; or

(e) if:

(i) the submission consists partly of the material; and

(ii) it is practicable for the body or association to remove

the material from the submission;

the body or association may remove the material from the

submission before publishing the submission on its website;

(f) if:

(i) the submission consists partly of the material; and

(ii) it is not practicable for the body or association to

remove the material from the submission;

the body or association is not required to publish the

submission on its website.

(5) If, under subsection (4), the body or association removes material

from a submission before publishing the submission on its website,

the body or association must publish on its website a statement to

the effect that confidential or commercially sensitive material in

the submission has not been published.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 119B

Telecommunications Act 1997 145

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Defamatory material

(6) If the body or association considers that a submission consists

wholly or partly of material that is, or is likely to be, defamatory:

(a) if the submission consists wholly of the material—the body

or association is not required to publish the submission on its

website; or

(b) if:

(i) the submission consists partly of the material; and

(ii) it is practicable for the body or association to remove

the material from the submission;

the body or association may remove the material from the

submission before publishing the submission on its website;

(i) the submission consists partly of the material; and

(ii) it is not practicable for the body or association to

remove the material from the submission;

the body or association is not required to publish the

submission on its website.

(7) If, under subsection (6), the body or association removes material

from a submission before publishing the submission on its website,

the body or association must publish on its website a statement to

the effect that material in the submission has not been published on

the grounds that the material is, or is likely to be, defamatory.

Statistical statement

(8) The body or association must publish on its website a statement

that sets out:

(a) the total number of those submissions; and

(b) if a number of those submissions have not been published, or

have been published in a modified form, because of

subsection (4) or (6)—that number.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 120

146 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

120 Replacement of industry codes

Changes to an industry code may be achieved by replacing the

code instead of varying the code. However, this does not prevent

the ACMA from removing under section 122A an industry code, or

a provision of an industry code, from the Register of industry codes

kept under this Part.

121 Directions about compliance with industry codes

(1) If:

(a) a person is a participant in a particular section of the

telecommunications industry, the telemarketing industry or

the fax marketing industry; and

(b) the ACMA is satisfied that the person has contravened or is

contravening an industry code that:

(i) is registered under this Part; and

(ii) applies to participants in that section of the industry;

the ACMA may, by written notice given to the person, direct the

person to comply with the industry code.

(1A) If the ACMA is satisfied that the contravention of the industry

code relates directly or indirectly to a matter dealt with by the

Australian Privacy Principles or by a registered APP code (within

the meaning of the Privacy Act 1988), the ACMA must consult the

Information Commissioner before giving the direction.

(1B) If:

(a) at a time when an industry code (the original code) was

registered under this Part, a direction could have been given

to a person under subsection (1) in respect of the original

code; and

(b) the original code has been replaced by another code that is

registered under this Part; and

subsection (1) in respect of the replacement code, if the

conduct concerned had occurred after the replacement code

was registered;

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry codes Division 4

Section 122

Telecommunications Act 1997 147

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

then, during the period when the replacement code is registered

under this Part, the person may be given a direction under

subsection (1) in respect of the replacement code.

(2) A person must comply with a direction under subsection (1).

(3) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

(4) Subsections (2) and (3) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

(5) A direction under subsection (1) is not a legislative instrument.

122 Formal warnings—breach of industry codes

(1) This section applies to a person who is a participant in a particular

section of the telecommunications industry, the telemarketing

industry or the fax marketing industry.

(2) The ACMA may issue a formal warning if the person contravenes

an industry code registered under this Part.

(3) If the ACMA is satisfied that the contravention of the industry

code relates directly or indirectly to a matter dealt with by the

Australian Privacy Principles or by a registered APP code (within

the meaning of the Privacy Act 1988), the ACMA must consult the

Information Commissioner before issuing the warning.

(4) If:

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 4 Industry codes

Section 122A

148 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) at a time when an industry code (the original code) was

registered under this Part, a formal warning could have been

given to a person under subsection (2) in respect of the

original code; and

(b) the original code has been replaced by another code that is

registered under this Part; and

subsection (2) in respect of the replacement code, if the

conduct concerned had occurred after the replacement code

was registered;

then, during the period when the replacement code is registered

under this Part, the person may be given a formal warning under

subsection (2) in respect of the replacement code.

122A De-registering industry codes and provisions of industry codes

(1) The ACMA may remove from the Register of industry codes kept

under section 136:

(a) an industry code; or

(b) a provision of an industry code.

(2) An industry code ceases to be registered when it is removed from

the Register.

(3) If the ACMA removes a provision of an industry code from the

removal of the provision as if the code registered under this Part

did not include the provision removed.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry standards Division 5

Section 123

Telecommunications Act 1997 149

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Industry standards

123 ACMA may determine an industry standard if a request for an

industry code is not complied with

(1) This section applies if:

(a) the ACMA has made a request under subsection 118(1) in

relation to the development of a code that is to:

(i) apply to participants in a particular section of the

telecommunications industry, the telemarketing industry

or the fax marketing industry; and

(ii) deal with one or more matters relating to the

telecommunications activities, telemarketing activities

or fax marketing activities, as the case may be, of those

participants; and

(b) any of the following conditions is satisfied:

(i) the request is not complied with;

(ii) if indicative targets for achieving progress in the

development of the code were specified in the notice of

request—any of those indicative targets were not met;

(iii) the request is complied with, but the ACMA

subsequently refuses to register the code; and

the ACMA to determine a standard in order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The ACMA may, by legislative instrument, determine a standard

that applies to participants in that section of the industry and deals

with that matter or those matters. A standard under this subsection

is to be known as an industry standard.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 5 Industry standards

Section 124

150 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Before determining an industry standard under this section, the

ACMA must consult the body or association to whom the request

mentioned in paragraph (1)(a) was made.

124 ACMA may determine industry standard where no industry

body or association formed

(1) This section applies if:

(a) the ACMA is satisfied that a particular section of the

telecommunications industry, the telemarketing industry or

the fax marketing industry is not represented by a body or

association; and

(b) the ACMA has published a notice under subsection 119(1)

relating to that section of the industry; and

(i) states that, if such a body or association were to come

into existence within a particular period, the ACMA

would be likely to give a notice to that body or

association under subsection 118(1); and

(ii) sets out one or more matters relating to the

telecommunications activities, telemarketing activities

or fax marketing activities, as the case may be, of the

participants in that section of the industry; and

(d) no such body or association comes into existence within that

period; and

(e) the ACMA is satisfied that it is necessary or convenient for

the ACMA to determine a standard in order to:

(i) provide appropriate community safeguards in relation to

that matter or those matters; or

(ii) otherwise regulate adequately participants in that

section of the industry in relation to that matter or those

matters.

(2) The ACMA may, by legislative instrument, determine a standard

that applies to participants in that section of the industry and deals

with that matter or those matters. A standard under this subsection

is to be known as an industry standard.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry standards Division 5

Section 125

Telecommunications Act 1997 151

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

125 ACMA may determine industry standards where industry codes

fail

(1) This section applies if:

(a) an industry code that:

(i) applies to participants in a particular section of the

telecommunications industry, the telemarketing industry

or the fax marketing industry; and

(ii) deals with one or more matters relating to the

telecommunications activities, telemarketing activities

or fax marketing activities, as the case may be, of those

participants;

has been registered under this Part for at least 180 days; and

(b) the ACMA is satisfied that the code is deficient (as defined

by subsection (7)); and

the code a written notice requesting that deficiencies in the

code be addressed within a specified period; and

(d) that period ends and the ACMA is satisfied that it is

necessary or convenient for the ACMA to determine a

standard that applies to participants in that section of the

industry and deals with that matter or those matters.

(2) The period specified in a notice under paragraph (1)(c) must run

for at least 30 days.

(3) The ACMA may, by legislative instrument, determine a standard

that applies to participants in that section of the industry and deals

with that matter or those matters. A standard under this subsection

is to be known as an industry standard.

(4) If the ACMA is satisfied that a body or association represents that

section of the industry, the ACMA must consult the body or

association before determining an industry standard under

subsection (3).

(6) The industry code ceases to be registered under this Part on the day

on which the industry standard comes into force.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 5 Industry standards

Section 125AA

152 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(7) For the purposes of this section, an industry code that applies to

participants in a particular section of the telecommunications

industry, the telemarketing industry or the fax marketing industry

and deals with one or more matters relating to the

telecommunications activities, telemarketing activities or fax

marketing activities, as the case may be, of those participants is

deficient if, and only if:

(a) the code is not operating to provide appropriate community

safeguards in relation to that matter or those matters; or

(b) the code is not otherwise operating to regulate adequately

participants in that section of the industry in relation to that

matter or those matters.

125AA ACMA must determine an industry standard if directed by

the Minister

(1) The ACMA may, by legislative instrument, determine a standard

that:

(a) applies to participants in a particular section of the

telecommunications industry; and

(b) deals with one or more matters relating to the

telecommunications activities of those participants.

Note 1: For examples of matters that may be dealt with by industry standards,

see section 113.

Note 2: For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(2) A standard under subsection (1) is to be known as an industry

standard.

(3) If the ACMA is satisfied that a body or association represents that

section of the telecommunications industry, the ACMA must

consult the body or association before determining a standard

under subsection (1).

(4) The Minister may, in writing, direct the ACMA to:

(a) determine a standard under subsection (1) that:

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry standards Division 5

Section 125A

Telecommunications Act 1997 153

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) applies to participants in a specified section of the

telecommunications industry; and

(ii) deals with one or more specified matters relating to the

telecommunications activities of those participants; and

(b) do so within a specified period.

(5) The ACMA must not determine a standard under subsection (1)

unless it does so in accordance with a direction under

subsection (4).

125A ACMA must determine certain industry standards relating to

the telemarketing industry

(1) Before the commencement of Part 2 of the Do Not Call Register

Act 2006, the ACMA must, by legislative instrument, determine a

standard that:

(a) applies to participants in each section of the telemarketing

industry; and

(b) deals with the following matters relating to the telemarketing

activities of those participants:

(i) restricting the hours and/or days during which

telemarketing calls may be made or attempted to be

made;

(ii) requiring that a telemarketing call must contain

specified information about the relevant participant;

(iii) requiring that, if a person other than the relevant

participant caused a telemarketing call to be made, the

call must contain specified information about the person

who caused the call to be made;

(iv) requiring the relevant participant to terminate a

telemarketing call if a specified event happens;

(v) requiring the relevant participant to ensure that calling

line identification is enabled in respect of the making of

a telemarketing call; and

commencement of Part 2 of the Do Not Call Register Act

2006.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 5 Industry standards

Section 125B

154 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) A standard under subsection (1) is to be known as an industry

standard.

(3) If the ACMA is satisfied that a body or association represents a

section of the telemarketing industry, the ACMA must consult the

body or association before determining a standard under

subsection (1).

(4) The ACMA must ensure that a standard is in force under

subsection (1) at all times after the commencement of Part 2 of the

Do Not Call Register Act 2006.

125B ACMA must determine certain industry standards relating to

the fax marketing industry

(1) The ACMA may, by legislative instrument, determine a standard

that:

(a) applies to participants in each section of the fax marketing

industry; and

(b) deals with the following matters relating to the fax marketing

activities of those participants:

(i) restricting the hours and/or days during which

marketing faxes may be sent, or attempted to be sent, to

an Australian number;

(ii) requiring that a marketing fax sent to an Australian

number must contain specified information about the

person who authorised the sending of the fax;

(iii) restricting the total number of marketing faxes sent, or

attempted to be sent, by the relevant participant during a

particular period to a particular Australian number;

(iv) requiring that, if a marketing fax sent to an Australian

number is authorised by a particular person (the

authorising person), the fax must contain information

about how the recipient of the fax may send a message

to the effect that the recipient does not want to receive

any marketing faxes authorised by the authorising

person.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry standards Division 5

Section 126

Telecommunications Act 1997 155

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(2) A standard under subsection (1) is to be known as an industry

standard.

(3) If the ACMA is satisfied that a body or association represents a

section of the fax marketing industry, the ACMA must consult the

body or association before determining a standard under

subsection (1).

(4) The ACMA must ensure that a standard is in force under

subsection (1) at all times after the commencement of this section.

(5) For the purposes of this section, authorise, when used in relation to

a marketing fax, has the same meaning as in the Do Not Call

Register Act 2006.

126 Industry standards not to be determined for certain privacy

matters

The ACMA must not determine an industry standard if:

(a) the standard would deal with a matter referred to in

paragraph 113(3)(f) (which relates to privacy); and

(b) compliance with the standard would be likely to have the

effect (whether direct or indirect) of requiring customer

equipment, customer cabling, a telecommunications network

or a facility:

(i) to have particular design features; or

(ii) to meet particular performance requirements.

However, this rule does not apply if the ACMA is satisfied that the

benefits to the community from the operation of the standard

would outweigh the costs of compliance with the standard.

128 Compliance with industry standards

(1) If an industry standard that applies to participants in a particular

section of the telecommunications industry, the telemarketing

industry or the fax marketing industry is registered under this Part,

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 5 Industry standards

Section 129

156 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

each participant in that section of the industry must comply with

the standard.

(2) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

(3) Subsections (1) and (2) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

129 Formal warnings—breach of industry standards

(1) This section applies to a person who is a participant in a particular

section of the telecommunications industry, the telemarketing

industry or the fax marketing industry.

(2) The ACMA may issue a formal warning if the person contravenes

an industry standard registered under this Part.

130 Variation of industry standards

The ACMA may, by legislative instrument, vary an industry

standard that applies to participants in a particular section of the

telecommunications industry, the telemarketing industry or the fax

marketing industry if it is satisfied that it is necessary or

convenient to do so to:

(a) provide appropriate community safeguards in relation to one

or more matters relating to the telecommunications activities,

telemarketing activities or fax marketing activities, as the

case may be, of those participants; and

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry standards Division 5

Section 131

Telecommunications Act 1997 157

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) otherwise regulate adequately those participants in relation to

one or more matters relating to the telecommunications

activities, telemarketing activities or fax marketing activities,

as the case may be, of those participants.

Note: The ACMA may be satisfied that it is necessary or convenient to vary

an industry standard that is inconsistent with the Australian Privacy

Principles or a registered APP code (as defined in the Privacy Act

1988), following advice given by the Information Commissioner in

the exercise of his or her functions under that Act.

131 Revocation of industry standards

(1) The ACMA may, by legislative instrument, revoke an industry

standard.

(2) If:

(a) an industry code is registered under this Part; and

(b) the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

132 Public consultation on industry standards

(1) Before determining or varying an industry standard, the ACMA

must:

(a) cause to be published in a newspaper circulating in each State

a notice:

(i) stating that the ACMA has prepared a draft of the

industry standard or variation; and

(ii) stating that free copies of the draft will be made

available to members of the public during normal office

hours throughout the period specified in the notice; and

(iii) specifying the place or places where the copies will be

available; and

(iv) inviting interested persons to give written comments

about the draft to the ACMA within the period specified

under subparagraph (ii); and

(b) make copies of the draft available in accordance with the

notice.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 5 Industry standards

Section 133

158 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The period specified under subparagraph (1)(a)(ii) must run for at

least 30 days after the publication of the notice.

(3) Subsection (1) does not apply to a variation if the variation is of a

minor nature.

(4) If interested persons have given comments in accordance with a

notice under subsection (1), the ACMA must have due regard to

those comments in determining or varying the industry standard, as

the case may be.

(5) In this section:

State includes the Northern Territory and the Australian Capital

Territory.

133 Consultation with ACCC and the Telecommunications Industry

Ombudsman

(1) Before determining or varying an industry standard, the ACMA

must consult the ACCC.

(1A) Before determining or varying an industry standard (other than an

industry standard under section 125A or 125B), the ACMA must

consult the Telecommunications Industry Ombudsman.

(2) Before revoking an industry standard under subsection 131(1), the

ACMA must consult the ACCC and the Telecommunications

Industry Ombudsman.

134 Consultation with Information Commissioner

(1) This section applies to an industry standard that deals with a matter

set out in paragraph 113(3)(f), including a matter dealt with by:

(a) the Australian Privacy Principles; or

(b) other provisions of the Privacy Act 1988 relating to those

principles; or

(d) provisions of that Act that relate to a registered APP code.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Industry standards Division 5

Section 135

Telecommunications Act 1997 159

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) Before determining or varying the industry standard, the ACMA

must consult the Information Commissioner.

(3) Before revoking the industry standard under subsection 131(1), the

ACMA must consult the Information Commissioner.

135 Consultation with consumer body

(1) Before determining or varying an industry standard, the ACMA

must consult at least one body or association that represents the

interests of consumers.

(2) Before revoking an industry standard under subsection 131(1), the

ACMA must consult at least one body or association that

represents the interests of consumers.

135A Consultation with the States and Territories

Before determining or varying an industry standard under

section 125A or 125B, the ACMA must consult:

(a) each State; and

(b) the Australian Capital Territory; and

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 6 Register of industry codes and industry standards

Section 136

160 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Register of industry codes and industry

standards

136 ACMA to maintain Register of industry codes and industry

standards

(1) The ACMA is to maintain a Register in which the ACMA

includes:

(a) all industry codes required to be registered under this Part, as

those codes are in force from time to time; and

(b) all industry standards; and

(d) all notices under section 119; and

(e) all directions given under section 121.

(1A) Paragraph (1)(a) does not require the ACMA to continue to include

in the Register an industry code, or a provision of an industry code,

removed from the Register under section 122A.

(2) The Register may be maintained by electronic means.

(3) A person may, on payment of the charge (if any) fixed by a

determination under section 60 of the Australian Communications

and Media Authority Act 2005:

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

(4) For the purposes of this section, if the Register is maintained by

electronic means, a person is taken to have made a copy of, or

taken an extract from, the Register if the ACMA gives the person a

printout of, or of the relevant parts of, the Register.

(5) If a person requests that a copy be provided in an electronic form,

the ACMA may provide the relevant information:

(a) on a data processing device; or

(b) by way of electronic transmission.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Reimbursement of costs of development or variation of consumer-related industry codes

Division 6A

Section 136A

Telecommunications Act 1997 161

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6A—Reimbursement of costs of development or

variation of consumer-related industry codes

136A Application for eligibility for reimbursement of costs of

development or variation of consumer-related industry

code

(1) If a body or association proposes to develop or vary an industry

code that:

(a) applies to participants in a particular section of the

telecommunications industry; and

(b) deals with one or more matters relating to the

telecommunications activities of those participants; and

the relationship between carriage service providers and their

retail customers;

the body or association may apply to the ACMA for a declaration

that the body or association is eligible for reimbursement of

refundable costs incurred by it in developing the code or varying

the code, as the case may be.

Note: For refundable cost, see section 136E.

Form of application etc.

(2) An application must be:

(a) in writing; and

(b) in accordance with the form approved in writing by the

ACMA; and

(i) an estimate of the total of the refundable costs likely to

be incurred by the body or association in developing the

code or varying the code, as the case may be; and

(ii) a statement breaking down that estimate into categories

of refundable costs.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 6A Reimbursement of costs of development or variation of consumer-related

industry codes

Section 136B

162 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Further information

(3) The ACMA may, within 20 business days after an application is

made, request the applicant to give the ACMA, within the period

specified in the request, further information about the application.

(4) The ACMA may refuse to consider the application until the

applicant gives the ACMA the information.

Definition

(5) In this section:

business day means a day on which the ACMA is open for

business in the Australian Capital Territory and in Victoria.

136B Declaration of eligibility for reimbursement of costs of

development or variation of consumer-related industry

code

Development of code

(1) If a body or association makes an application under

subsection 136A(1) for a declaration in relation to the development

of a code, the ACMA must make the declaration if it is satisfied

that:

(a) the body or association represents the section of the

telecommunications industry referred to in

paragraph 136A(1)(a); and

(b) the code will deal wholly or mainly with one or more matters

relating to the relationship between carriage service providers

and their retail customers; and

application, is likely to ensure that the interests of those retail

customers are adequately represented in relation to the

development of the code; and

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Reimbursement of costs of development or variation of consumer-related industry codes

Division 6A

Section 136B

Telecommunications Act 1997 163

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) the total of the refundable costs likely to be incurred by the

body or association in developing the code, as set out in the

estimate that accompanied the application, is reasonable.

(2) If the ACMA is not satisfied as to the matters set out in

subsection (1), the ACMA must, by written notice given to the

applicant, refuse to make the declaration.

Variation of code

(2A) If a body or association makes an application under

subsection 136A(1) for a declaration in relation to the variation of

a code, the ACMA must make the declaration if it is satisfied that:

(a) the body or association represents the section of the

telecommunications industry referred to in

paragraph 136A(1)(a); and

(b) the code is registered under this Part; and

relating to the relationship between carriage service providers

and their retail customers; and

(d) the process for varying the code, as outlined in the

application, is likely to ensure that the interests of those retail

customers are adequately represented in relation to the

variation of the code; and

(e) the total of the refundable costs likely to be incurred by the

body or association in varying the code, as set out in the

estimate that accompanied the application, is reasonable.

(2B) If the ACMA is not satisfied as to the matters set out in

subsection (2A), the ACMA must, by written notice given to the

applicant, refuse to make the declaration.

General provisions

(3) A declaration under this section is irrevocable, and remains in

force for 2 years.

(4) A declaration under this section is not a legislative instrument.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 6A Reimbursement of costs of development or variation of consumer-related

industry codes

Section 136C

164 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

136C Reimbursement of costs of developing or varying

consumer-related industry code

Reimbursement of costs—development of code

(1) If:

(a) a section 136B declaration was made in relation to the

development of an industry code by a body or association;

and

(b) when the section 136B declaration was in force, the body or

association gave a copy of the code to the ACMA under

section 117; and

with one or more matters relating to the relationship between

carriage service providers and their retail customers; and

(d) the ACMA is satisfied that the process for the development

of the code ensured that the interests of those retail customers

were adequately represented in relation to the development of

the code; and

(e) the copy of the code was accompanied by:

(i) a written statement itemising one or more costs incurred

by the body or association in developing the code; and

(ii) a written claim for reimbursement of those costs; and

(iii) a written declaration by an approved auditor that he or

she is of the opinion that the subparagraph (i) statement

complies with the approved auditing requirements; and

(iv) a written statement describing the process for the

development of the code; and

(f) the ACMA is satisfied that each of the costs itemised in the

subparagraph (e)(i) statement:

(i) is a refundable cost incurred by the body or association

in developing the code; and

(ii) was incurred when the section 136B declaration was in

force;

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Reimbursement of costs of development or variation of consumer-related industry codes

Division 6A

Section 136C

Telecommunications Act 1997 165

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the ACMA must, by written notice given to the body or

association, determine that the body or association is entitled to be

paid a specified amount.

Note: For refundable cost, see section 136E.

(2) The specified amount must be equal to whichever is the lesser of

the following:

(a) the total of the costs itemised in the subparagraph (1)(e)(i)

statement;

(b) the estimate that accompanied the application for the

section 136B declaration.

(3) The ACMA, on behalf of the Commonwealth, must pay the

specified amount to the body or association within 30 days after

the day on which the body or association was notified under

subsection (1) of its entitlement to be paid that amount.

Reimbursement of costs—variation of code

(3A) If:

(a) a section 136B declaration was made in relation to the

variation of an industry code by a body or association; and

(b) when the section 136B declaration was in force, the body or

association gave a copy of the variation to the ACMA under

section 119A; and

with one or more matters relating to the relationship between

carriage service providers and their retail customers; and

(d) the ACMA is satisfied that the process for the variation of the

code ensured that the interests of those retail customers were

adequately represented in relation to the variation of the

code; and

(e) the copy of the variation was accompanied by:

(i) a written statement itemising one or more costs incurred

by the body or association in varying the code; and

(ii) a written claim for reimbursement of those costs; and

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 6A Reimbursement of costs of development or variation of consumer-related

industry codes

Section 136C

166 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iii) a written declaration by an approved auditor that he or

she is of the opinion that the subparagraph (i) statement

complies with the approved auditing requirements; and

(iv) a written statement describing the process for the

variation of the code; and

(f) the ACMA is satisfied that each of the costs itemised in the

subparagraph (e)(i) statement:

(i) is a refundable cost incurred by the body or association

in varying the code; and

(ii) was incurred when the section 136B declaration was in

force;

the ACMA must, by written notice given to the body or

association, determine that the body or association is entitled to be

paid a specified amount.

Note: For refundable cost, see section 136E.

(3B) The specified amount must be equal to whichever is the lesser of

the following:

(a) the total of the costs itemised in the subparagraph (3A)(e)(i)

statement;

(b) the estimate that accompanied the application for the

section 136B declaration.

(3C) The ACMA, on behalf of the Commonwealth, must pay the

specified amount to the body or association within 30 days after

the day on which the body or association was notified under

subsection (3A) of its entitlement to be paid that amount.

Appropriation

(4) The Consolidated Revenue Fund is appropriated for payments

under this section.

Approved auditors and approved auditing requirements

(5) The ACMA may make a written determination specifying:

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Reimbursement of costs of development or variation of consumer-related industry codes

Division 6A

Section 136D

Telecommunications Act 1997 167

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the persons who are to be approved auditors for the purposes

of this section; and

(b) the requirements that are to be approved auditing

requirements for the purposes of this section.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) A determination under subsection (5) has effect accordingly.

(7) A determination under subsection (5) is a legislative instrument.

136D Costs—transactions between persons not at arm’s length

If:

(a) a body or association has incurred a cost in connection with a

transaction where the parties to the transaction are not

dealing with each other at arm’s length in relation to the

transaction; and

(b) apart from this section, the cost is counted for the purposes of

the application of this Division to the body or association;

and

the amount of the cost is taken, for the purposes of the application

of this Division in relation to the body or association, to be the

amount that would have been reasonable if the parties were dealing

with each other at arm’s length.

136E Refundable cost

(1) For the purposes of this Division, a refundable cost incurred by a

body or association in developing or varying a code is a cost

incurred by the body or association in developing the code or

varying the code, as the case may be, other than a cost specified in

a written determination made by the ACMA under this subsection.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) A determination under subsection (1) is a legislative instrument.

Authorised Version C2017C00179 registered 30/06/2017

Part 6 Industry codes and industry standards

Division 7 Miscellaneous

Section 137

168 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 7—Miscellaneous

137 Protection from civil proceedings

Civil proceedings do not lie against:

(a) an internet service provider; or

(b) an electronic messaging service provider;

in respect of anything done by the provider in connection with:

(d) an industry standard;

in so far as the code or standard deals with the procedures referred

to in paragraph 113(3)(q).

138 Implied freedom of political communication

This Part does not apply to the extent (if any) that it would infringe

any constitutional doctrine of implied freedom of political

communication.

139 Agreements for the carrying on of telemarketing activities or fax

marketing activities must require compliance with this

Part

(1) A person (the first person) must not enter into a contract or

arrangement, or arrive at an understanding, with another person, if:

(a) under the contract, arrangement or understanding, the other

person undertakes to carry on one or more telemarketing

activities or fax marketing activities; and

(b) the contract, arrangement or understanding does not contain

an express provision to the effect that the other person will

comply with this Part in relation to the telemarketing

activities or fax marketing activities covered by the contract,

arrangement or understanding.

Authorised Version C2017C00179 registered 30/06/2017

Industry codes and industry standards Part 6

Miscellaneous Division 7

Section 139

Telecommunications Act 1997 169

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Ancillary contraventions

(2) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

Civil penalty provisions

(3) Subsections (1) and (2) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Validity of contracts, arrangements or understandings

(4) A failure to comply with subsection (1) does not affect the validity

of any contract, arrangement or understanding.

Authorised Version C2017C00179 registered 30/06/2017

Part 7 Layer 2 bitstream services

Section 140

170 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 7—Layer 2 bitstream services

140 Simplified outline

The following is a simplified outline of this Part:

• A local access line that belongs to a telecommunications

network (other than the national broadband network) must not

be used to supply a fixed-line carriage service if:

(a) the network is used, or is proposed to be used, to

supply a superfast carriage service wholly or

principally to residential or small business

customers, or prospective residential or small

business customers, in Australia; and

(b) no Layer 2 bitstream service is available for supply

to those customers or prospective customers using

the network; and

on or after 1 January 2011.

141 Supply of Layer 2 bitstream services

Scope

(1) This section applies to a local access line if:

(a) the local access line is:

(i) part of the infrastructure of a telecommunications

network in Australia; or

(ii) used, or for use, in or in connection with a

telecommunications network in Australia; and

(b) the network is not the national broadband network; and

Authorised Version C2017C00179 registered 30/06/2017

Layer 2 bitstream services Part 7

Section 141

Telecommunications Act 1997 171

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

superfast carriage service wholly or principally to residential

or small business customers, or prospective residential or

small business customers, in Australia; and

(d) no Layer 2 bitstream service is available for supply to those

customers or prospective customers using the network; and

(e) either:

(i) the network came into existence on or after 1 January

2011; or

(ii) the network was altered or upgraded on or after

1 January 2011 and, as a result of the alteration or

upgrade, the network became capable of being used to

supply a superfast carriage service to residential or

small business customers, or prospective residential or

small business customers, in Australia.

Note 1: See also section 141B (deemed networks).

Note 2: For exemptions, see section 141A.

Sole owner of local access line

(2) If there is only one owner of the local access line, the owner of the

local access line must not:

(a) use the local access line, either alone or jointly with one or

more other persons, to supply a fixed-line carriage service; or

(b) allow or permit another person to use the local access line to

supply a fixed-line carriage service.

Multiple owners of local access line

(3) If there are 2 or more owners of the local access line, an owner of

the local access line must not:

(a) use the local access line, either alone or jointly with one or

more other persons, to supply a fixed-line carriage service; or

(b) either alone or together with one or more other owners, allow

or permit another person to use the local access line to supply

a fixed-line carriage service.

Authorised Version C2017C00179 registered 30/06/2017

Part 7 Layer 2 bitstream services

Section 141

172 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Offence

(4) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2) or

(3); and

(b) the person engages in conduct; and

Penalty: 20,000 penalty units.

Definitions

(10) In this section:

alter, in relation to a telecommunications network, has a meaning

affected by section 141E.

fixed-line carriage service means:

(a) a carriage service that is supplied using a line to premises

occupied or used by an end-user; or

(b) a service that facilitates the supply of a carriage service

covered by paragraph (a).

local access line has the meaning given by section 141D.

national broadband network has the same meaning as in the

National Broadband Network Companies Act 2011.

small business customer has the meaning given by section 141G.

superfast carriage service means a carriage service, where:

(a) the carriage service enables end-users to download

communications; and

(b) the download transmission speed of the carriage service is

normally more than 25 megabits per second; and

occupied or used by an end-user.

upgrade, in relation to a telecommunications network, has a

meaning affected by section 141F.

Authorised Version C2017C00179 registered 30/06/2017

Layer 2 bitstream services Part 7

Section 141A

Telecommunications Act 1997 173

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

141A Exemptions

(1) The Minister may, by written instrument, exempt a specified

network from section 141.

Note: For specification by class, see the Acts Interpretation Act 1901.

(2) The Minister may, by written instrument, exempt a specified local

access line from section 141.

Note: For specification by class, see the Acts Interpretation Act 1901.

(3) The Minister may, by written instrument, exempt a specified owner

from subsections 141(2) and (3).

Note: For specification by class, see the Acts Interpretation Act 1901.

(4) An instrument under subsection (1), (2) or (3) may be:

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

instrument.

(5) Before making an instrument under subsection (1), (2) or (3), the

Minister must consult:

(a) the ACCC; and

(b) the ACMA.

(6) An instrument under subsection (1), (2) or (3) is not a legislative

instrument.

(7) In this section:

local access line has the meaning given by section 141D.

141B Deemed networks

(1) For the purposes of this Part, if:

(a) a telecommunications network is altered or upgraded on or

after 1 January 2011; and

(b) as a result of the alteration or upgrade, a part of the network

became capable of being used to supply a superfast carriage

Authorised Version C2017C00179 registered 30/06/2017

Part 7 Layer 2 bitstream services

Section 141B

174 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

service to residential or small business customers, or

prospective residential or small business customers, in

Australia;

then:

(d) the network referred to in paragraph (c) is taken to have come

into existence on or after 1 January 2011.

(2) For the purposes of this Part, if:

(a) a telecommunications network is extended on or after

1 January 2011; and

(b) the extended part of the network is capable of being used to

supply a superfast carriage service to residential or small

business customers, or prospective residential or small

business customers, in Australia;

then:

and

(d) the network referred to in paragraph (c) is taken to have come

into existence on or after 1 January 2011.

(3) If:

(a) a part of the infrastructure of a telecommunications network

is situated in a particular area that is being or was developed

as a particular stage of a real estate development project

(within the ordinary meaning of that expression); and

(b) the network is extended to another area that is being, or is to

be, developed as another stage of the project;

subsection (2) does not apply to the extension.

(4) If:

(a) a telecommunications network was in existence immediately

before 1 January 2011; and

(b) the network is extended on or after 1 January 2011; and

than:

(i) 1 kilometre; or

Authorised Version C2017C00179 registered 30/06/2017

Layer 2 bitstream services Part 7

Section 141C

Telecommunications Act 1997 175

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) if a longer distance is specified in the regulations—that

longer distance;

from a point on the infrastructure of the network as the

network stood immediately before 1 January 2011;

subsection (2) does not apply to the extension.

(5) The regulations may provide that subsection (2) does not apply to a

specified extension of a telecommunications network.

Note: For specification by class, see the Acts Interpretation Act 1901.

141C Certain installations and connections are not taken to be an

extension, alteration or upgrade

For the purposes of this Part, if:

(a) a line is or was installed for the purposes of connecting

particular premises to a telecommunications network; and

(b) the installation of the line enables or enabled the occupier of

the premises to become a customer in relation to carriage

services supplied using the network; and

the infrastructure of the network; and

(d) the network is capable of being used to supply a superfast

carriage service; and

(e) the network came into existence before 1 January 2011;

neither the installation of the line mentioned in paragraph (a), nor

the connection of the premises, is taken to be an extension,

alteration or upgrade of the network.

141D Local access line

(1) For the purposes of this Part, a local access line is a line that is part

of the infrastructure of a local access network.

(2) However, a line does not form part of a local access line to the

extent that the line is on the customer side of the boundary of a

telecommunications network.

Authorised Version C2017C00179 registered 30/06/2017

Part 7 Layer 2 bitstream services

Section 141E

176 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) For the purposes of this section, the boundary of a

telecommunications network is to be determined in the same

manner in which it is determined under section 22 for the purposes

of sections 20, 21 and 30.

(4) For the purposes of this section, local access network has the

meaning generally accepted within the telecommunications

industry.

141E Alteration

For the purposes of this Part, an alteration of a

telecommunications network does not include an extension of the

network.

141F Upgrade of telecommunications network

For the purposes of this Part, an upgrade of a telecommunications

network does not include an extension of the network.

141G Small business customer

For the purposes of this Part, small business customer means:

(a) a customer who is a small business employer (within the

meaning of the Fair Work Act 2009); or

(b) a customer who:

(i) carries on a business; and

(ii) does not have any employees.

For the purposes of paragraph (a) of this section, it is to be

assumed that each reference in section 23 of the Fair Work Act

2009 to a national system employer were a reference to an

employer (within the ordinary meaning of that expression).

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Introduction Division 1

Section 142

Telecommunications Act 1997 177

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 8—Superfast fixed-line networks

Division 1—Introduction

142 Simplified outline

The following is a simplified outline of this Part:

• A controller of a telecommunications network (other than the

national broadband network) must not use a local access line

to supply an eligible service to a person other than a carrier or

a service provider, if:

(a) the local access line is part of the infrastructure of

the network; and

(b) the network is used, or is proposed to be used, to

supply a superfast carriage service wholly or

principally to residential or small business

customers, or prospective residential or small

business customers, in Australia; and

on or after 1 January 2011.

142A Definitions

In this Part:

alter, in relation to a telecommunications network, has a meaning

affected by section 159.

electricity supply body has the same meaning as in the National

Broadband Network Companies Act 2011.

eligible service has the same meaning as in section 152AL of the

Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 1 Introduction

Section 142A

178 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

gas supply body has the same meaning as in the National

Broadband Network Companies Act 2011.

local access line has the meaning given by section 158.

national broadband network has the same meaning as in the

National Broadband Network Companies Act 2011.

rail corporation has the same meaning as in the National

Broadband Network Companies Act 2011.

sewerage services body has the same meaning as in the National

Broadband Network Companies Act 2011.

small business customer means:

(a) a customer who is a small business employer (within the

meaning of the Fair Work Act 2009); or

(b) a customer who:

(i) carries on a business; and

(ii) does not have any employees.

For the purposes of paragraph (a) of this definition, it is to be

assumed that each reference in section 23 of the Fair Work Act

2009 to a national system employer were a reference to an

employer (within the ordinary meaning of that expression).

State or Territory road authority has the same meaning as in the

National Broadband Network Companies Act 2011.

storm water drainage services has the same meaning as in the

National Broadband Network Companies Act 2011.

storm water drainage services body has the same meaning as in

the National Broadband Network Companies Act 2011.

superfast carriage service means a carriage service, where:

(a) the carriage service enables end-users to download

communications; and

(b) the download transmission speed of the carriage service is

normally more than 25 megabits per second; and

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Introduction Division 1

Section 142A

Telecommunications Act 1997 179

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

occupied or used by an end-user.

upgrade, in relation to a telecommunications network, has a

meaning affected by section 160.

water supply body has the same meaning as in the National

Broadband Network Companies Act 2011.

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 2 Supply of eligible services to be on wholesale basis

Section 143

180 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Supply of eligible services to be on wholesale

basis

143 Supply of eligible services to be on wholesale basis

Scope

(1) This section applies to a local access line if:

(a) the local access line is part of the infrastructure of a

telecommunications network in Australia; and

(b) the network is used, or proposed to be used, to supply a

superfast carriage service wholly or principally to residential

or small business customers, or prospective residential or

small business customers, in Australia; and

(d) either:

(i) the network came into existence on or after 1 January

2011; or

(ii) the network was altered or upgraded on or after

1 January 2011 and, as a result of the alteration or

upgrade, the network became capable of being used to

supply a superfast carriage service to residential or

small business customers, or prospective residential or

small business customers, in Australia.

Note 1: See also section 156 (deemed networks).

Note 2: For exemptions, see sections 144 to 151.

Person in position to exercise control of network

(2) A person who is in a position to exercise control of the network, or

a person who is an associate of such a person, must not use the

local access line, either alone or jointly with one or more other

persons, to supply an eligible service unless the service is supplied

to:

(a) a carrier; or

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Supply of eligible services to be on wholesale basis Division 2

Section 144

Telecommunications Act 1997 181

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a service provider.

Note 1: For when a person is in a position to exercise control of a network, see

section 155.

Note 2: For control of a company, see section 154.

Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2);

and

(b) the person engages in conduct; and

Penalty: 20,000 penalty units.

144 Exemptions—Ministerial instrument

(1) The Minister may, by written instrument, exempt a specified

network from section 143.

Note: For specification by class, see the Acts Interpretation Act 1901.

(2) The Minister may, by written instrument, exempt a specified local

access line from section 143.

Note: For specification by class, see the Acts Interpretation Act 1901.

(3) The Minister may, by written instrument, exempt a specified

person from subsection 143(2).

Note: For specification by class, see the Acts Interpretation Act 1901.

(4) An instrument under subsection (1), (2) or (3) may be:

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

instrument.

(5) Before making an instrument under subsection (1), (2) or (3), the

Minister must consult:

(a) the ACCC; and

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 2 Supply of eligible services to be on wholesale basis

Section 145

182 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the ACMA.

(6) An instrument under subsection (1), (2) or (3) is not a legislative

instrument.

145 Exemption—transport authorities

(1) Subsection 143(2) does not apply if:

(a) both:

(i) the eligible service is a carriage service; and

(ii) the sole use of the carriage service is use by Airservices

Australia to carry communications necessary or

desirable for the workings of aviation services; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this subsection.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to

Airservices Australia unless the carriage service is supplied on the

basis that Airservices Australia must not re-supply the carriage

service.

(3) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by a State or Territory transport

authority to carry communications necessary or desirable for

the workings of the following services:

(i) train services of a kind provided by the authority;

(ii) bus or other road services of a kind provided by the

authority;

(iii) tram services of a kind provided by the authority; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this subsection.

(4) Paragraph (3)(a) does not apply to a carriage service supplied to a

State or Territory transport authority unless the carriage service is

supplied on the basis that the State or Territory transport authority

must not re-supply the carriage service.

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Supply of eligible services to be on wholesale basis Division 2

Section 146

Telecommunications Act 1997 183

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) Subsection 143(2) does not apply if:

(a) both:

(i) the eligible service is a carriage service; and

(ii) the sole use of the carriage service is use by a rail

corporation to carry communications necessary or

desirable for the workings of train services; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this subsection.

(6) Paragraph (5)(a) does not apply to a carriage service supplied to a

rail corporation unless the carriage service is supplied on the basis

that the rail corporation must not re-supply the carriage service.

146 Exemption—electricity supply bodies

(1) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by an electricity supply body to

carry communications necessary or desirable for:

(i) managing the generation, transmission, distribution or

supply of electricity; or

(ii) charging for the supply of electricity; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this section.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to an

electricity supply body unless the carriage service is supplied on

the basis that the electricity supply body must not re-supply the

carriage service.

147 Exemption—gas supply bodies

(1) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by a gas supply body to carry

communications necessary or desirable for:

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 2 Supply of eligible services to be on wholesale basis

Section 148

184 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) managing the transmission or distribution of natural gas

in a pipeline; or

(ii) charging for the supply of natural gas transmitted or

distributed in a pipeline; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this section.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to a

gas supply body unless the carriage service is supplied on the basis

that the gas supply body must not re-supply the carriage service.

148 Exemption—water supply bodies

(1) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by a water supply body to carry

communications necessary or desirable for:

(i) managing the distribution of water in a pipeline; or

(ii) charging for the supply of water distributed in a

pipeline; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this section.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to a

water supply body unless the carriage service is supplied on the

basis that the water supply body must not re-supply the carriage

service.

149 Exemption—sewerage services bodies

(1) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by a sewerage services body to

carry communications necessary or desirable for:

(i) managing the supply of sewerage services; or

(ii) charging for the supply of sewerage services; or

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Supply of eligible services to be on wholesale basis Division 2

Section 150

Telecommunications Act 1997 185

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this section.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to a

sewerage services body unless the carriage service is supplied on

the basis that the sewerage services body must not re-supply the

carriage service.

150 Exemption—storm water drainage services bodies

(1) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by a storm water drainage services

body to carry communications necessary or desirable for:

(i) managing the supply of storm water drainage services;

(ii) charging for the supply of storm water drainage

services; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this section.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to a

storm water drainage services body unless the carriage service is

supplied on the basis that the storm water drainage services body

must not re-supply the carriage service.

151 Exemption—State or Territory road authorities

(1) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole use of

the carriage service is use by a State or Territory road

authority to carry communications necessary or desirable for

the management or control of road traffic; or

(b) the eligible service is a service that facilitates the supply of a

carriage service covered by paragraph (a) of this section.

(2) Paragraph (1)(a) does not apply to a carriage service supplied to a

State or Territory road authority unless the carriage service is

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 2 Supply of eligible services to be on wholesale basis

Section 151

186 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

supplied on the basis that the State or Territory road authority must

not re-supply the carriage service.

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Other provisions Division 3

Section 152

Telecommunications Act 1997 187

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Other provisions

152 Associate

(1) For the purposes of this Part, an associate of a person (the

controller) in relation to control of:

(a) a telecommunications network; or

(b) a company;

is:

(d) if the controller or another person who is an associate of the

controller under another paragraph receives benefits or is

capable of benefiting under a trust—the trustee of the trust;

(e) 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) the controller; or

(iv) the controller and another person who is an associate of

the controller under another paragraph; or

(f) another company if:

(i) the other company is a related body corporate of the

controller for the purposes of the Corporations Act

2001; or

(ii) the controller, or the controller and another person who

is an associate of the controller under another

paragraph, is or 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:

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 3 Other provisions

Section 153

188 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) they do not act together in any relevant dealings relating to

the network or company; and

(b) neither of them is in a position to exert influence over the

business dealings of the other in relation to the network or

company.

153 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.

154 Control of a company

(1) For the purposes of this Part, the question of whether a person is in

a position to exercise control of a company is to be determined

under Schedule 1 to the Broadcasting Services Act 1992.

(2) However, in determining that question:

(a) the definition of associate in subsection 6(1) of the

Broadcasting Services Act 1992 does not apply; and

(b) the definition of associate in section 152 of this Act applies

instead.

155 When a person is in a position to exercise control of a network

(1) For the purposes of this Part, a person (the controller) is in a

position to exercise control of a telecommunications network if:

(a) the controller legally or beneficially owns the network

(whether alone or together with one or more other persons);

(b) the controller is in a position, either alone or together with an

associate of the controller and whether directly or indirectly:

(i) to exercise control of the operation of all or part of the

network; or

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Other provisions Division 3

Section 155

Telecommunications Act 1997 189

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) to exercise control of the selection of the kinds of

services that are supplied using the network; or

(iii) to exercise control of the supply of services using the

network; or

owns the network (whether alone or together with one or

more other persons), and:

(i) the controller is in a position, either alone or together

with an associate of the controller, to exercise control of

the company; or

(ii) the controller, either alone or together with an associate

of the controller, is in a position to veto any action taken

by the board of directors of the company; or

(iii) the controller, either alone or together with an associate

of the controller, is in a position to appoint or secure the

appointment of, or veto the appointment of, at least half

of the board of directors of the company; or

(iv) the controller, either alone or together with an associate

of the controller, is in a position to exercise, in any other

manner, whether directly or indirectly, direction or

restraint over any substantial issue affecting the

management or affairs of the company; or

(v) the company or more than 50% of its directors act, or

are accustomed to act, in accordance with the directions,

instructions or wishes of, or in concert with, the

controller, the controller and an associate of the

controller acting together, or the directors of the

controller; or

(vi) the company or more than 50% of its directors, 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, the controller, the controller and

an associate of the controller acting together, or the

directors of the controller.

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 3 Other provisions

Section 156

190 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) An employee is not, except through an association with another

person, to be regarded as being in a position to exercise control of a

network under subsection (1) purely because of being an employee.

(3) More than one person may be in a position to exercise control of a

network.

156 Deemed networks

(1) For the purposes of this Part, if:

(a) a telecommunications network is altered or upgraded on or

after 1 January 2011; and

(b) as a result of the alteration or upgrade, a part of the network

became capable of being used to supply a superfast carriage

service to residential or small business customers, or

prospective residential or small business customers, in

Australia;

then:

(d) the network referred to in paragraph (c) is taken to have come

into existence on or after 1 January 2011.

(2) For the purposes of this Part, if:

(a) a telecommunications network is extended on or after

1 January 2011; and

(b) the extended part of the network is capable of being used to

supply a superfast carriage service to residential or small

business customers, or prospective residential or small

business customers, in Australia;

then:

and

(d) the network referred to in paragraph (c) is taken to have come

into existence on or after 1 January 2011.

(3) If:

Authorised Version C2017C00179 registered 30/06/2017

Superfast fixed-line networks Part 8

Other provisions Division 3

Section 157

Telecommunications Act 1997 191

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a part of the infrastructure of a telecommunications network

is situated in a particular area that is being or was developed

as a particular stage of a real estate development project

(within the ordinary meaning of that expression); and

(b) the network is extended to another area that is being, or is to

be, developed as another stage of the project;

subsection (2) does not apply to the extension.

(4) If:

(a) a telecommunications network was in existence immediately

before 1 January 2011; and

(b) the network is extended on or after 1 January 2011; and

than:

(i) 1 kilometre; or

(ii) if a longer distance is specified in the regulations—that

longer distance;

from a point on the infrastructure of the network as the

network stood immediately before 1 January 2011;

subsection (2) does not apply to the extension.

(5) The regulations may provide that subsection (2) does not apply to a

specified extension of a telecommunications network.

Note: For specification by class, see the Acts Interpretation Act 1901.

157 Certain installations and connections are not taken to be an

extension, alteration or upgrade

For the purposes of this Part, if:

(a) a line is or was installed for the purposes of connecting

particular premises to a telecommunications network; and

(b) the installation of the line enables or enabled the occupier of

the premises to become a customer in relation to carriage

services supplied using the network; and

the infrastructure of the network; and

Authorised Version C2017C00179 registered 30/06/2017

Part 8 Superfast fixed-line networks

Division 3 Other provisions

Section 158

192 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) the network is capable of being used to supply a superfast

carriage service; and

(e) the network came into existence before 1 January 2011;

neither the installation of the line mentioned in paragraph (a), nor

the connection of the premises, is taken to be an extension,

alteration or upgrade of the network.

158 Local access line

(1) For the purposes of this Part, a local access line is a line that is part

of the infrastructure of a local access network.

(2) However, a line does not form part of a local access line to the

extent that the line is on the customer side of the boundary of a

telecommunications network.

(3) For the purposes of this section, the boundary of a

telecommunications network is to be determined in the same

manner in which it is determined under section 22 for the purposes

of sections 20, 21 and 30.

(4) For the purposes of this section, local access network has the

meaning generally accepted within the telecommunications

industry.

159 Alteration

For the purposes of this Part, an alteration of a

telecommunications network does not include an extension of the

network.

160 Upgrade of telecommunications network

For the purposes of this Part, an upgrade of a telecommunications

network does not include an extension of the network.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Introduction Division 1

Section 270

Telecommunications Act 1997 193

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 13—Protection of communications

Division 1—Introduction

270 Simplified outline

The following is a simplified outline of this Part:

• Carriers, carriage service providers, number-database

operators, emergency call persons and their respective

associates must protect the confidentiality of information that

relates to:

(a) the contents of communications that have been, or

are being, carried by carriers or carriage service

providers; and

(b) carriage services supplied by carriers and carriage

service providers; and

• The disclosure or use of protected information is authorised in

limited circumstances (for example, disclosure or use for

purposes relating to the enforcement of the criminal law).

• An authorised recipient of protected information may only

disclose or use the information for an authorised purpose.

• Certain record-keeping requirements are imposed in relation

to authorised disclosures or uses of information.

271 Eligible person

For the purposes of this Part, an eligible person is a person who is:

(a) a carrier; or

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 1 Introduction

Section 272

194 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a carriage service provider; or

(d) an employee of a carriage service provider; or

(e) a telecommunications contractor; or

(f) an employee of a telecommunications contractor.

272 Number-database operator and eligible number-database

person

(1) For the purposes of this Part, a number-database operator is a

person in respect of which a determination is in force under

subsection 472(1).

(2) For the purposes of this Part, an eligible number-database person

is a person who is:

(a) a number-database operator; or

(b) an employee of a number-database operator; or

(d) an employee of a number-database contractor.

273 Information

A reference in this Part to information includes a reference to

opinion.

274 Telecommunications contractor

A reference in this Part to a telecommunications contractor is a

reference to a person who performs services for or on behalf of:

(a) a carrier; or

(b) a carriage service provider;

but does not include a reference to a person who performs such

services in the capacity of an employee of the carrier or provider.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Introduction Division 1

Section 275

Telecommunications Act 1997 195

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

275 Number-database contractor

A reference in this Part to a number-database contractor is a

reference to a person who performs services for or on behalf of a

number-database operator, but does not include a reference to a

person who performs such services in the capacity of an employee

of the operator.

275A Location information

(1) For the purposes of this Part, information about the location of:

(a) a mobile telephone handset; or

(b) any other mobile communications device;

is taken to be information that relates to the affairs of the customer

responsible for the handset or device.

(2) For the purposes of this Part, a document about the location of:

(a) a mobile telephone handset; or

(b) any other mobile communications device;

is taken to be a document that relates to the affairs of the customer

responsible for the handset or device.

(3) This section is enacted for the avoidance of doubt.

275B Emergency management person

(1) In this Part:

emergency management person means a person who holds,

occupies or performs the duties of an office or position specified

under subsection (2).

(2) The Minister administering the Administrative Decisions (Judicial

Review) Act 1977 may, by legislative instrument, specify either or

both of the following for the purposes of the definition of

emergency management person in subsection (1) of this section:

(a) offices;

(b) positions.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 1 Introduction

Section 275C

196 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Offices or positions established by or under a law of a State or

Territory may be specified under subsection (2).

(4) Subsection (3) does not limit subsection (2).

(5) Before making an instrument under subsection (2), the Minister

administering the Administrative Decisions (Judicial Review) Act

1977 must consult the Minister administering this Act.

275C Emergency

In this Part:

emergency means an emergency or disaster (however described)

within the meaning of an emergency law.

275D Emergency law

(1) In this Part:

emergency law means a law specified under subsection (2).

(2) The Minister administering the Administrative Decisions (Judicial

Review) Act 1977 may, by legislative instrument, specify a law of a

State or a Territory for the purposes of the definition of emergency

law in subsection (1) of this section.

275E Relevant information

In this Part:

relevant information means information, or the contents of a

document, disclosed as permitted by section 285A.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Primary disclosure/use offences Division 2

Section 276

Telecommunications Act 1997 197

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Primary disclosure/use offences

276 Primary disclosure/use offence—eligible persons

Current eligible persons

(1) An eligible person must not disclose or use any information or

document that:

(a) relates to:

(i) the contents or substance of a communication that has

been carried by a carrier or carriage service provider; or

(ii) the contents or substance of a communication that is

being carried by a carrier or carriage service provider

(including a communication that has been collected or

received by such a carrier or provider for carriage by it

but has not been delivered by it); or

(iii) carriage services supplied, or intended to be supplied, to

another person by a carrier or carriage service provider;

(iv) the affairs or personal particulars (including any

unlisted telephone number or any address) of another

person; and

(b) comes to the person’s knowledge, or into the person’s

possession:

(i) if the person is a carrier or carriage service provider—in

connection with the person’s business as such a carrier

or provider; or

(ii) if the person is an employee of a carrier or carriage

service provider—because the person is employed by

the carrier or provider in connection with its business as

such a carrier or provider; or

(iii) if the person is a telecommunications contractor—in

connection with the person’s business as such a

contractor; or

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 2 Primary disclosure/use offences

Section 276

198 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iv) if the person is an employee of a telecommunications

contractor—because the person is employed by the

contractor in connection with its business as such a

contractor.

Former eligible persons

(2) A person who has been an eligible person must not disclose or use

any information or document that:

(a) relates to a matter mentioned in paragraph (1)(a); and

(b) came to the person’s knowledge, or into the person’s

possession:

(i) if the person was a carrier or carriage service provider—

in connection with the person’s business as such a

carrier or provider; or

(ii) if the person was an employee of a carrier or carriage

service provider—because the person was employed by

the carrier or provider in connection with its business as

such a carrier or provider; or

(iii) if the person was a telecommunications contractor—in

connection with the person’s business as such a

contractor; or

(iv) if the person was an employee of a telecommunications

contractor—because the person was employed by the

contractor in connection with its business as such a

contractor.

Offence

(3) A person who contravenes this section commits an offence

punishable on conviction by imprisonment for a term not

exceeding 2 years.

Note 1: This section is subject to the exceptions in Division 3 of this Part and

in Chapter 4 of the Telecommunications (Interception and Access) Act

1979.

Note 2: See also sections 4AA and 4B of the Crimes Act 1914.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Primary disclosure/use offences Division 2

Section 277

Telecommunications Act 1997 199

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Scope of subsection (1)—carriage by means of electromagnetic

energy

(4) Subparagraphs (1)(a)(i) and (ii) do not apply to a communication

that is or has been carried by a carrier or carriage service provider

unless the carriage was by means of, is by means of, or is proposed

to be delivered by means of, guided and/or unguided

electromagnetic energy.

277 Primary disclosure/use offence—eligible number-database

persons

Current eligible number-database persons

(1) An eligible number-database person must not disclose or use any

information or document that:

(a) relates to:

(i) carriage services supplied, or intended to be supplied, to

another person by a carrier or carriage service provider;

(ii) the affairs or personal particulars (including any

unlisted telephone number or any address) of another

person; and

(b) comes to the person’s knowledge, or into the person’s

possession:

(i) if the person is a number-database operator—in

connection with the person’s business as such an

operator; or

(ii) if the person is an employee of a number-database

operator—because the person is employed by the

operator in connection with its business as such an

operator; or

(iii) if the person is a number-database contractor—in

connection with the person’s business as such a

contractor; or

(iv) if the person is an employee of a number-database

contractor—because the person is employed by the

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 2 Primary disclosure/use offences

Section 277

200 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

contractor in connection with its business as such a

contractor.

Former eligible number-database persons

(2) A person who has been an eligible number-database person must

not disclose or use any information or document that:

(a) relates to a matter mentioned in paragraph (1)(a); and

(b) came to the person’s knowledge, or into the person’s

possession:

(i) if the person was a number-database operator—in

connection with the person’s business as such an

operator; or

(ii) if the person was an employee of a number-database

operator—because the person was employed by the

operator in connection with its business as such an

operator; or

(iii) if the person was a number-database contractor—in

connection with the person’s business as such a

contractor; or

(iv) if the person was an employee of a number-database

contractor—because the person was employed by the

contractor in connection with its business as such a

contractor.

Offence

(3) A person who contravenes this section commits an offence

punishable on conviction by imprisonment for a term not

exceeding 2 years.

Note 1: This section is subject to the exceptions in Division 3 of this Part and

in Chapter 4 of the Telecommunications (Interception and Access) Act

1979.

Note 2: See also sections 4AA and 4B of the Crimes Act 1914.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Primary disclosure/use offences Division 2

Section 278

Telecommunications Act 1997 201

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

278 Primary disclosure/use offence—emergency call persons

Current emergency call persons

(1) An emergency call person must not disclose or use any information

or document that:

(a) relates to:

(i) the contents or substance of a communication that has

been carried by a carrier or carriage service provider; or

(ii) the contents or substance of a communication that is

being carried by a carrier or carriage service provider;

(iii) the affairs or personal particulars (including any

unlisted telephone number or any address) of another

person; and

(b) comes to the person’s knowledge, or into the person’s

possession, in connection with the operation of an emergency

call service.

Former emergency call persons

(2) A person who has been an emergency call person must not disclose

or use any information or document that:

(a) relates to a matter mentioned in paragraph (1)(a); and

(b) came to the person’s knowledge, or into the person’s

possession, in connection with the operation of an emergency

call service.

Offence

(3) A person who contravenes this section commits an offence

punishable on conviction by imprisonment for a term not

exceeding 2 years.

Note 1: This section is subject to the exceptions in Division 3 of this Part and

in Chapter 4 of the Telecommunications (Interception and Access) Act

1979.

Note 2: See also sections 4AA and 4B of the Crimes Act 1914.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 2 Primary disclosure/use offences

Section 278

202 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Scope of subsection (1)—carriage by means of electromagnetic

energy

(4) Subparagraphs (1)(a)(i) and (ii) do not apply to a communication

that is or has been carried by a carrier or carriage service provider

unless the carriage was by means of, is by means of, or is proposed

to be delivered by means of, guided and/or unguided

electromagnetic energy.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 279

Telecommunications Act 1997 203

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Exceptions to primary disclosure/use offences

Subdivision A—Exceptions

279 Performance of person’s duties

(1) Section 276 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the person is an employee of:

(i) a carrier; or

(ii) a carriage service provider; or

(iii) a telecommunications contractor; and

(b) the disclosure or use is made in the performance of the

person’s duties as such an employee.

(2) Section 276 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the person is a telecommunications contractor; and

(b) the disclosure or use is made in the performance of the

person’s duties as such a contractor.

(3) Section 277 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the person is an employee of:

(i) a number-database operator; or

(ii) a number-database contractor; and

(b) the disclosure or use is made in the performance of the

person’s duties as such an employee.

(4) Section 277 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the person is a number-database contractor; and

(b) the disclosure or use is made in the performance of the

person’s duties as such a contractor.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 280

204 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) Section 278 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the person is an employee of:

(i) a recognised person who operates an emergency call

service; or

(ii) an emergency call contractor; and

(b) the disclosure or use is made in the performance of the

person’s duties as such an employee.

(6) Section 278 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the person is an emergency call contractor; and

(b) the disclosure or use is made in the performance of the

person’s duties as such a contractor.

280 Authorisation by or under law

(1) Division 2 does not prohibit a disclosure or use of information or a

document if:

(a) in a case where the disclosure or use is in connection with the

operation of an enforcement agency—the disclosure or use is

required or authorised under a warrant; or

(b) in any other case—the disclosure or use is required or

authorised by or under law.

(1A) In applying paragraph (1)(a) to the Australian Commission for Law

Enforcement Integrity, the reference in that paragraph to the

operation of an enforcement agency is taken to be a reference to

the performance of the functions of the Integrity Commissioner

(within the meaning of the Law Enforcement Integrity

Commissioner Act 2006).

(1B) Subject to subsection (1C), paragraph (1)(b) does not apply to a

disclosure of information or a document if:

(a) the disclosure is required or authorised because of:

(i) a subpoena; or

(ii) a notice of disclosure; or

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 280

Telecommunications Act 1997 205

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iii) an order of a court;

in connection with a civil proceeding; and

(b) the information or document is kept, by a service provider

(within the meaning of the Telecommunications (Interception

and Access) Act 1979), solely for the purpose of complying

with Part 5-1A of that Act; and

service provider for any purpose other than one or more of

the following purposes:

(i) complying with Part 5-1A of that Act;

(ii) complying with the requirements of warrants under

Chapters 2 and 3 of that Act or authorisations under

Chapter 4 of that Act;

(iii) complying with requests or requirements to make

disclosures provided for by sections 284 to 288 of this

Act;

(iv) providing persons with access to their personal

information in accordance with the Privacy Act 1988;

(v) a purpose prescribed by the regulations;

(vi) a purpose incidental to any of the purposes referred to in

subparagraphs (i) to (v).

(1C) Subsection (1B) does not apply:

(a) in circumstances of a kind prescribed by the regulations; or

(b) to a disclosure to an enforcement agency (within the meaning

of the Telecommunications (Interception and Access) Act

1979); or

(within the meaning of that Act).

(2) In this section:

enforcement agency has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 281

206 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

281 Witnesses

(1) Division 2 does not prohibit a disclosure by a person of

information or a document if the person makes the disclosure as a

witness summoned to give evidence or to produce documents.

(2) Subject to subsection (3), this section does not apply to a disclosure

of information or a document by a person as a witness in a civil

proceeding if the information or document:

(a) is kept, by a service provider (within the meaning of the

Telecommunications (Interception and Access) Act 1979),

solely for the purpose of complying with Part 5-1A of that

Act; and

(b) is not used or disclosed by the service provider for any

purpose other than one or more of the following purposes:

(i) complying with Part 5-1A of that Act;

(ii) complying with the requirements of warrants under

Chapters 2 and 3 of that Act or authorisations under

Chapter 4 of that Act;

(iii) complying with requests or requirements to make

disclosures provided for by sections 284 to 288 of this

Act;

(iv) providing persons with access to their personal

information in accordance with the Privacy Act 1988;

(v) a purpose prescribed by the regulations;

(vi) a purpose incidental to any of the purposes referred to in

subparagraphs (i) to (v).

(3) Subsection (2) does not apply:

(a) in circumstances of a kind prescribed by the regulations; or

(b) to a disclosure to an enforcement agency (within the meaning

of the Telecommunications (Interception and Access) Act

1979); or

(within the meaning of that Act).

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 284

Telecommunications Act 1997 207

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

284 Assisting the ACMA, the eSafety Commissioner, the ACCC or

the Telecommunications Industry Ombudsman

(1) Sections 276 and 277 do not prohibit a disclosure by a person of

information or a document if:

(a) the disclosure is made to, or to a member of the staff of, the

ACMA; and

(b) the information or document may assist the ACMA to carry

out its functions or powers.

(1A) Sections 276 and 277 do not prohibit a disclosure by a person of

information or a document if:

(a) the disclosure is made to:

(i) the eSafety Commissioner; or

(ii) a member of the staff of the ACMA whose duties relate

to the performance of the eSafety Commissioner’s

functions; and

(b) the information or document may assist the eSafety

Commissioner to carry out his or her functions or powers.

(2) Sections 276 and 277 do not prohibit a disclosure by a person of

information or a document if:

(a) the disclosure is made to, or to a member of the staff of, the

ACCC; and

(b) the information or document may assist the ACCC to carry

out its telecommunications functions and powers.

(3) Sections 276 and 277 do not prohibit a disclosure by a person of

information or a document if:

(a) the disclosure is made to the Telecommunications Industry

Ombudsman, or to an employee of the Telecommunications

Industry Ombudsman; and

(b) the information or document may assist the

Telecommunications Industry Ombudsman in the

consideration of a complaint made to the

Telecommunications Industry Ombudsman.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 285

208 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

285 Integrated public number database

Permitted uses

(1) Sections 276 and 277 do not prohibit a use by a person of

information or a document if:

(a) the information or document relates to information (other

than information relating to an unlisted telephone number)

contained in an integrated public number database; and

(b) the information or document relates to:

(i) carriage services supplied, or intended to be supplied, to

another person by a carrier or carriage service provider;

(ii) the affairs or personal particulars of another person

(other than an address relating to an unlisted telephone

number); and

(i) the provision of directory assistance services by or on

behalf of a carriage service provider; or

(ii) the publication and maintenance of a public number

directory; or

(iii) dealing with the matter or matters raised by a call to an

emergency service number.

Permitted disclosures

(1A) Sections 276 and 277 do not prohibit a disclosure by a person of

information or a document if:

(a) the information or document relates to information (other

than information relating to an unlisted telephone number)

contained in an integrated public number database; and

(b) the information or document relates to:

(i) carriage services supplied, or intended to be supplied, to

another person by a carrier or carriage service provider;

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 285

Telecommunications Act 1997 209

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) the affairs or personal particulars of another person

(other than an address relating to an unlisted telephone

number); and

connected with:

(i) the provision of directory assistance services by or on

behalf of a carriage service provider; or

(ii) the publication and maintenance of a public number

directory; or

(iii) dealing with the matter or matters raised by a call to an

emergency service number; or

(iv) the conduct of research of a kind specified in an

instrument under subsection (3); and

(d) if the disclosure to the other person is for a purpose covered

by subparagraph (c)(ii) or (iv)—the other person holds an

authorisation in force under the integrated public number

database scheme permitting the other person to use and

disclose the information or document.

Definitions

(2) In this section:

business includes a venture or concern in trade or commerce,

whether or not conducted on a regular, repetitive or continuous

basis.

educational institution includes:

(a) a pre-school; and

(b) a school; and

(d) a university.

integrated public number database means:

(a) an integrated public number database maintained by Telstra

as mentioned in Part 4 of Schedule 2; or

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 285

210 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) an integrated public number database maintained by a person

as mentioned in section 472.

public number means a number specified in the numbering plan as

mentioned in subsection 455(3), but does not include an unlisted

number.

public number directory means a record:

(a) that contains either or both of the following:

(i) the names of persons and their public numbers (whether

or not it also contains their addresses);

(ii) the names of bodies and their public numbers (whether

or not it also contains their addresses); and

(b) that, in relation to a person or body that is not a qualifying

entity, contains no other information about the person or

body; and

contains no other information about the person or body apart

from information:

(i) that is of a kind specified in an instrument under

subsection (4); and

(ii) that is applicable in relation to the person or body; and

(d) that:

(i) does not enable a person who only knows the public

number of an end-user of a carriage service to readily

identify the end-user’s name and/or address; and

(ii) does not enable a person who only knows the whole or a

part of the address of an end-user of a carriage service

to readily identify the end-user’s name and/or public

number; and

(e) that satisfies each requirement specified in an instrument

under subsection (5).

qualifying entity means:

(a) a person, or body, that is:

(i) carrying on a business; and

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 285

Telecommunications Act 1997 211

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) registered under the Australian Charities and

Not-for-profits Commission Act 2012, or not an ACNC

type of entity; or

(b) a registered charity; or

(i) registered under the Australian Charities and

Not-for-profits Commission Act 2012; or

(ii) not an ACNC type of entity; or

(e) a department of the Commonwealth, a State or a Territory; or

(f) an agency, authority or instrumentality of the

Commonwealth, a State or a Territory; or

(g) any other person or body of a kind specified in an instrument

under subsection (6) that is:

(i) registered under the Australian Charities and

Not-for-profits Commission Act 2012; or

(ii) not an ACNC type of entity.

Research

(3) The Minister may, by legislative instrument, specify kinds of

research for the purposes of subparagraph (1A)(c)(iv). The

Minister must not specify a kind of research unless the Minister is

satisfied that the kind of research is in the public interest.

Additional information in public number directory

(4) The Minister may, by legislative instrument, specify kinds of

information for the purposes of subparagraph (c)(i) of the

definition of public number directory in subsection (2). The

Minister may specify different kinds of information in relation to

different kinds of qualifying entities.

Further requirements for public number directory

(5) The Minister may, by legislative instrument, specify requirements

for the purposes of paragraph (e) of the definition of public

number directory in subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 285A

212 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Qualifying entities

(6) The Minister may, by legislative instrument, specify kinds of

persons or bodies for the purposes of paragraph (g) of the

definition of qualifying entity in subsection (2).

285A Data for emergency warnings

(1) Sections 276 and 277 do not prohibit a disclosure by a person (the

discloser) of information or a document if:

(a) the information is, or the document consists of, information

(including unlisted telephone numbers) contained in an

integrated public number database; and

(b) the disclosure is made to an emergency management person;

and

written notice stating that the disclosure is for the purpose of

the information, or the contents of the document, being later

used or disclosed for either or both of the following:

(i) for a purpose connected with persons being alerted to an

emergency or a likely emergency;

(ii) for the purpose of reasonable testing of whether, in the

event of an emergency occurring, persons would be able

to be alerted to that emergency.

(1A) A notice given as mentioned in paragraph (1)(c) may cover one or

more disclosures (including each disclosure in a series of

disclosures under an arrangement between the discloser and the

emergency management person).

(1B) A notice given as mentioned in paragraph (1)(c) is not a legislative

instrument.

(2) In this section:

integrated public number database means:

(a) an integrated public number database maintained by Telstra

as mentioned in Part 4 of Schedule 2; or

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 286

Telecommunications Act 1997 213

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) an integrated public number database maintained by a person

as mentioned in section 472.

286 Calls to emergency service number

Division 2 does not prohibit a disclosure by a person of

information or a document if:

(a) the information or document came to the person’s

knowledge, or into the person’s possession, because of a call

to an emergency service number; and

(b) the information, or the contents of the document, consists of

any or all of the following:

(i) a name;

(ii) a telephone number;

(iii) an address;

(iv) a location;

(v) the matter or matters raised by the call; and

(i) a member of a police force or service; or

(ii) a member of a fire service; or

(iii) a member of an ambulance service; or

(iv) an emergency call person; or

(v) a member of a service specified in the numbering plan

for the purposes of this subparagraph; or

(vi) a service for despatching a force or service referred to in

subparagraph (i), (ii), (iii) or (v);

for purposes connected with dealing with the matter or

matters raised by the call.

287 Threat to person’s life or health

Division 2 does not prohibit a disclosure or use by a person (the

first person) of information or a document if:

(a) the information or document relates to the affairs or personal

particulars (including any unlisted telephone number or any

address) of another person; and

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 288

214 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the first person believes on reasonable grounds that the

disclosure or use is reasonably necessary to prevent or lessen

a serious and imminent threat to the life or health of a person.

288 Communications for maritime purposes

Division 2 does not prohibit a disclosure or use of information or a

document if:

(a) the disclosure or use is reasonably necessary for the purpose

of the preservation of human life at sea; or

(b) the disclosure or use:

(i) relates to the location of a vessel at sea; and

(ii) is made for maritime communications purposes.

289 Knowledge or consent of person concerned

Division 2 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the information or document relates to the affairs or personal

particulars (including any unlisted telephone number or any

address) of another person; and

(b) the other person:

(i) is reasonably likely to have been aware or made aware

that information or a document of that kind is usually

disclosed, or used, as the case requires, in the

circumstances concerned; or

(ii) has consented to the disclosure, or use, as the case

requires, in the circumstances concerned.

290 Implicit consent of sender and recipient of communication

Section 276 does not prohibit a disclosure or use by a person if:

(a) the information or document relates to the contents or

substance of a communication made by another person; and

(b) having regard to all the relevant circumstances, it might

reasonably be expected that the sender and the recipient of

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 291

Telecommunications Act 1997 215

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the communication would have consented to the disclosure or

use, if they had been aware of the disclosure or use.

291 Business needs of other carriers or service providers

(1) Section 276 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the disclosure or use is made by or on behalf of:

(i) a carrier (the first carrier); or

(ii) a carriage service provider (the first provider); and

(b) the disclosure or use is made for a purpose of, or is connected

with, any other carrier or service provider carrying on its

business as such a carrier or provider; and

person) who is a customer or former customer of:

(i) the first carrier or the first provider; or

(ii) the other carrier or the other provider; and

(d) the disclosure or use is made for a purpose of, or is connected

with:

(i) the supply, or proposed supply, by the other carrier or

other provider to the third person of a carriage service or

a content service; or

(ii) the supply, or proposed supply, by the other carrier or

other provider to the third person of goods or services

for use in connection with the supply of a carriage

service or a content service; or

(iii) the installation, maintenance, operation or provision of

access to a telecommunications network or a facility,

where the network or facility is used, or for use, by the

other carrier or the other provider to supply a carriage

service or a content service to the third person; and

(e) if the information or document relates to the location of:

(i) a mobile telephone handset; or

(ii) any other mobile communications device;

the third person has consented to the disclosure, or use, as the

case requires, in the circumstances concerned.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 291

216 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) Section 276 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the disclosure or use is made by or on behalf of a carriage

service provider; and

(b) the disclosure or use is made for a purpose of, or is connected

with, an arrangement, or proposed arrangement, made by a

carriage service intermediary for the supply of a carriage

service by the provider to a third person; and

(d) the disclosure or use is made for a purpose of, or is connected

with:

(i) the supply, or proposed supply, by the provider to the

third person of that service; or

(ii) the supply, or proposed supply, by the provider to the

third person of goods or services for use in connection

with the supply of the first-mentioned service; or

(iii) the installation, maintenance, operation or provision of

access to a telecommunications network or a facility,

where the network or facility is used, or for use, by the

provider to supply the first-mentioned service to the

third person; and

(e) if the information or document relates to the location of:

(i) a mobile telephone handset; or

(ii) any other mobile communications device;

the third person has consented to the disclosure, or use, as the

case requires, in the circumstances concerned.

(3) Section 276 does not prohibit a disclosure or use by a person of

information or a document if:

(a) the disclosure or use is made by or on behalf of a carriage

service intermediary; and

(b) the disclosure or use is made for a purpose of, or is connected

with, an arrangement, or proposed arrangement, made by the

intermediary for the supply of a carriage service by a carriage

service provider to a third person; and

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 291A

Telecommunications Act 1997 217

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) the disclosure or use is made for a purpose of, or is connected

with:

(i) the supply, or proposed supply, by the provider to the

third person of that service; or

(ii) the supply, or proposed supply, by the provider to the

third person of goods or services for use in connection

with the supply of the first-mentioned service; or

(iii) the installation, maintenance, operation or provision of

access to a telecommunications network or a facility,

where the network or facility is used, or for use, by the

provider to supply the first-mentioned service to the

third person; and

(e) if the information or document relates to the location of:

(i) a mobile telephone handset; or

(ii) any other mobile communications device;

the third person has consented to the disclosure, or use, as the

case requires, in the circumstances concerned.

291A Location dependent carriage services

(1) Sections 276 and 277 do not prohibit a disclosure by a person of

information or a document if:

(a) the information or document relates to information (other

than information relating to an unlisted telephone number)

contained in an integrated public number database; and

(b) the disclosure is to a carrier or a carriage service provider;

and

the supply, or proposed supply, by a person of a location

dependent carriage service.

(2) Sections 276 and 277 do not prohibit a disclosure or use by a

carrier or a carriage service provider of information or a document

if:

(a) the information or document relates to information (other

than information relating to an unlisted telephone number)

contained in an integrated public number database; and

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3 Exceptions to primary disclosure/use offences

Section 292

218 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the disclosure or use is made for a purpose of, or is connected

with, the supply, or proposed supply, by a person of a

location dependent carriage service.

(3) In this section:

integrated public number database means:

(a) an integrated public number database maintained by Telstra

as mentioned in Part 4 of Schedule 2; or

(b) an integrated public number database maintained by a person

as mentioned in section 472.

location dependent carriage service means a carriage service that

depends for its provision on the availability of information about

the addresses of end users of the carriage service.

292 Circumstances prescribed in the regulations

(1) Section 276 does not prohibit a disclosure or use of information or

a document in circumstances specified in the regulations.

(2) Section 277 does not prohibit a disclosure or use of information or

a document in circumstances specified in the regulations.

(3) Section 278 does not prohibit a disclosure or use of information or

a document in circumstances specified in the regulations.

293 Uses connected with exempt disclosures

(1) Section 276 does not prohibit a use of information or a document

if:

(a) the use is made for the purposes of, or in connection with, a

disclosure of the information or document by the person; and

(b) because of this Division, the disclosure is not prohibited by

section 276.

(2) Section 277 does not prohibit a use of information or a document

if:

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Exceptions to primary disclosure/use offences Division 3

Section 294

Telecommunications Act 1997 219

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the use is made for the purposes of, or in connection with, a

disclosure of the information or document by the person; and

(b) because of this Division, the disclosure is not prohibited by

section 277.

(3) Section 278 does not prohibit a use of information or a document

if:

(a) the use is made for the purposes of, or in connection with, a

disclosure of the information or document by the person; and

(b) because of this Division, the disclosure is not prohibited by

section 278.

294 Effect of this Subdivision

Nothing in this Subdivision limits the generality of anything else in

it or in Divisions 3 to 5 of Part 4-1 of the Telecommunications

(Interception and Access) Act 1979.

Subdivision B—Burden of proof

295 Burden of proof

(1) For the purposes of determining the persuasive burden of proof in

proceedings for an offence against Division 2, the exceptions set

out in this Division or in Chapter 4 of the Telecommunications

(Interception and Access) Act 1979 are taken to be part of the

description of the offence.

(2) In proceedings for an offence against Division 2, the defendant

bears the evidential burden in relation to an exception set out in

this Division or in Chapter 4 of the Telecommunications

(Interception and Access) Act 1979.

(3) In this section:

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3A Integrated public number database authorisations

Section 295A

220 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3A—Integrated public number database

authorisations

Subdivision A—ACMA scheme for the granting of

authorisations

295A ACMA to make integrated public number database scheme

The ACMA must, by legislative instrument, make a scheme (the

integrated public number database scheme) for the granting of

authorisations for the purposes of paragraph 285(1A)(d).

Note 1: The ACMA may make determinations fixing charges for any matter in

relation to which expenses are incurred by the ACMA under the

scheme: see section 60 of the Australian Communications and Media

Authority Act 2005.

Note 2: Various decisions under the scheme are reviewable: see section 555

and paragraphs 1(ma) to (md) of Schedule 4.

295B Scheme must deal with certain matters

(1) The scheme must make provision for and in relation to the

following matters:

(a) the making of applications for authorisations;

(b) the assessment of applications;

(d) the notification of decisions under the scheme (including to

the person who maintains the integrated public number

database referred to in paragraph 285(1A)(a)).

(2) The scheme must require an applicant for an authorisation to

specify the purpose for which the authorisation is sought.

Note: The relevant purposes are purposes connected with the publication

and maintenance of a public number directory or with the conduct of

particular research.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Integrated public number database authorisations Division 3A

Section 295C

Telecommunications Act 1997 221

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

295C Applications may be treated differently

The scheme may make different provision for different kinds of

authorisation applications.

295D Scope of authorisations

The scheme may make provision for authorisations to be in respect

of:

(a) all information or documents that satisfy the matters referred

to in paragraphs 285(1A)(a) and (b); or

(b) specified information or specified documents that satisfy

those matters.

295E Provisional and final authorisations

The scheme may make provision for provisional authorisations and

final authorisations.

295F Conditions

The scheme may make provision for the imposition of conditions

on the grant of authorisations.

Note 1: Section 295P also allows the Minister to determine that authorisations

are granted subject to conditions.

Note 2: Section 295R creates an offence for breaching a condition of an

authorisation.

295G Varying or revoking authorisations

The scheme may make provision for the variation or revocation of

authorisations. For example, the variation may be the imposition of

new conditions or the variation or removal of existing conditions.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3A Integrated public number database authorisations

Section 295H

222 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

295H Scheme may confer administrative powers on the ACMA

The scheme may make provision for or in relation to a particular

matter by empowering the ACMA to make decisions of an

administrative character.

Note: Sections 50 and 51 of the Australian Communications and Media

Authority Act 2005 deal with the delegation of the ACMA’s powers.

295J Ancillary or incidental provisions

The scheme may contain such ancillary or incidental provisions as

the ACMA considers appropriate.

295K Scheme-making power not limited

Sections 295B to 295J do not, by implication, limit section 295A.

295L Variation of scheme

(1) The scheme may be varied, but not revoked, in accordance with

subsection 33(3) of the Acts Interpretation Act 1901.

(2) Subsection (1) does not limit the application of subsection 33(3) of

the Acts Interpretation Act 1901 to other instruments under this

Act.

295M Consultation

Making the scheme

(1) Before making the scheme, the ACMA:

(a) must consult the Information Commissioner in relation to

matters that relate to the privacy functions (within the

meaning of the Australian Information Commissioner Act

2010) and have regard to any submissions made by the

Information Commissioner because of that consultation; and

(b) must consult the Secretary of the Department that is

administered by the Minister administering the Privacy Act

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Integrated public number database authorisations Division 3A

Section 295N

Telecommunications Act 1997 223

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

1988 and have regard to any submissions made by that

Secretary because of that consultation; and

appropriate and have regard to any submissions made by

those persons because of that consultation.

Decisions under the scheme

(2) Before making a decision under the scheme, the ACMA may

consult such persons as the ACMA considers appropriate and have

regard to any submissions made by those persons because of that

consultation.

Subdivision B—Ministerial instruments

295N Criteria for deciding authorisation applications

(1) The Minister must, by legislative instrument, specify criteria for

deciding authorisation applications made under the integrated

public number database scheme.

(2) The Minister may specify different criteria for different kinds of

authorisation applications.

(3) In deciding an authorisation application, the ACMA:

(a) must apply the criteria applicable to that application; and

(b) may have regard to any other matters that it thinks are

relevant.

295P Conditions

(1) The Minister may, by legislative instrument, do either or both of

the following:

(a) determine that all authorisations under the integrated public

number database scheme are granted subject to specified

conditions;

(b) determine that a specified kind of authorisation under that

scheme is granted subject to specified conditions.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3A Integrated public number database authorisations

Section 295Q

224 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) An authorisation under that scheme is granted subject to any

condition specified in an instrument under this section that is

applicable to that authorisation.

Note 1: An authorisation may also be granted subject to conditions imposed in

accordance with that scheme: see section 295F.

Note 2: Section 295R creates an offence for breaching a condition of an

authorisation.

295Q Other reviewable decisions

The Minister may, by legislative instrument, specify decisions

under the integrated public number database scheme for the

purposes of paragraph 1(md) of Schedule 4.

Subdivision C—Enforcing compliance with conditions of

authorisations

295R Offence of breaching a condition

A person commits an offence if:

(a) the person is the holder of an authorisation under the

integrated public number database scheme; and

(b) the person does an act or omits to do an act; and

Penalty: 60 penalty units.

295S Remedial directions for breaching a condition

(1) This section applies if the ACMA is satisfied that a person has

contravened, or is contravening, a condition of an authorisation in

force under the integrated public number database scheme.

(2) The ACMA may give the person a written direction requiring the

person to take specified action directed towards ensuring that the

person does not contravene the condition, or is unlikely to

contravene the condition, in the future.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Integrated public number database authorisations Division 3A

Section 295T

Telecommunications Act 1997 225

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) A person must not contravene a direction under subsection (2).

(4) Subsection (3) is a civil penalty provision.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

(5) A direction given under subsection (2) is not a legislative

instrument.

295T Formal warnings for breaching a condition

The ACMA may issue a formal warning if the ACMA is satisfied

that a person has contravened, or is contravening, a condition of an

authorisation in force under the integrated public number database

scheme.

Subdivision D—Report to Minister

295U Report to Minister

(1) At the time an annual report prepared by the Chair of the ACMA is

given to the Minister under section 46 of the Public Governance,

Performance and Accountability Act 2013, the ACMA must give

the Minister a separate report on the following matters:

(a) the compliance by persons with authorisations granted under

the integrated public number database scheme;

(b) any other matter relating to the operation of that scheme that

the ACMA considers appropriate.

(2) The ACMA is not required to include in the separate report any

material:

(a) that is of a confidential nature; or

(b) the disclosure of which is likely to prejudice the fair trial of a

person.

(3) The Minister must cause a copy of the separate report to be tabled

in each House of the Parliament within 15 sitting days of that

House after the day on which the Minister receives the separate

report.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3B Emergency warnings

Section 295V

226 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3B—Emergency warnings

295V Use or disclosure of information by emergency management

persons

Likely emergencies

(1) If an emergency management person believes on reasonable

grounds that an emergency is likely to occur, the person may use or

disclose relevant information (other than the names of persons) for

a purpose connected with persons being alerted to that likely

emergency.

Actual emergencies

(2) If an emergency occurs, an emergency management person may

use or disclose relevant information (other than the names of

persons) for a purpose connected with persons being alerted to that

emergency.

Testing

(3) An emergency management person may use or disclose relevant

information (other than the names of persons) for the purpose of

reasonable testing of whether, in the event of an emergency

occurring, persons would be able to be alerted to that emergency.

Other

(4) An emergency management person may disclose relevant

information (other than the names of persons) to another person for

the purpose of the information being later used or disclosed for a

purpose connected with persons being alerted to an emergency or a

likely emergency.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Emergency warnings Division 3B

Section 295W

Telecommunications Act 1997 227

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

295W Use or disclosure of information by other persons

Actual or likely emergencies

(1) If information is disclosed to a person as permitted by

subsection 295V(1) or (2) or this subsection, the person may use or

disclose the information for a purpose connected with persons

being alerted to the emergency or likely emergency concerned.

Testing

(2) If information is disclosed to a person as permitted by

subsection 295V(3) or this subsection, the person may use or

disclose the information for the purpose of reasonable testing of

whether, in the event of an emergency occurring, persons would be

able to be alerted to that emergency.

Other

(3) If information is disclosed to a person as permitted by

subsection 295V(4) or this subsection, the person may use or

disclose the information for a purpose connected with persons

being alerted to an emergency or a likely emergency.

295X Effect on telecommunications network

In using or disclosing information that is permitted by

section 295V or 295W, a person must take reasonable steps to

ensure that the use or disclosure does not adversely affect the

operation of a telecommunications network.

295Y Coronial and other inquiries

The disclosure of relevant information to:

(a) a coronial inquiry; or

(b) another inquiry specified by the Minister administering the

Administrative Decisions (Judicial Review) Act 1977, by

legislative instrument, for the purposes of this paragraph;

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3B Emergency warnings

Section 295Z

228 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

in relation to an emergency or likely emergency is taken, for the

purposes of this Division, to be a disclosure for a purpose

connected with persons being alerted to the emergency or likely

emergency concerned.

295Z Offence—use or disclosure of information by emergency

management persons

An emergency management person commits an offence if:

(a) the person uses or discloses relevant information; and

(b) the use or disclosure is not permitted under section 295V.

Penalty: Imprisonment for 2 years.

295ZA Offence—use or disclosure of information by other persons

(1) A person commits an offence if:

(a) information is disclosed to the person as permitted by

subsection 295V(1) or (2) or 295W(1); and

(b) the person uses or discloses the information; and

subsection is not for a purpose connected with persons being

alerted to the emergency or likely emergency concerned.

Penalty: Imprisonment for 2 years.

(2) A person commits an offence if:

(a) information is disclosed to the person as permitted by

subsection 295V(3) or 295W(2); and

(b) the person uses or discloses the information; and

subsection is not for the purpose of reasonable testing of

whether, in the event of an emergency occurring, persons

would be able to be alerted to that emergency.

Penalty: Imprisonment for 2 years.

(3) A person commits an offence if:

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Emergency warnings Division 3B

Section 295ZB

Telecommunications Act 1997 229

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) information is disclosed to the person as permitted by

subsection 295V(4) or 295W(3); and

(b) the person uses or discloses the information; and

subsection is not for a purpose connected with persons being

alerted to an emergency or a likely emergency.

Penalty: Imprisonment for 2 years.

295ZB Reports of access

(1) If an emergency management person discloses relevant

information, the person must give a written report to the Minister

administering the Administrative Decisions (Judicial Review) Act

1977 and to the ACMA that covers the following matters:

(a) if the disclosure occurred under subsection 295V(1) or (2)—a

description of the emergency or likely emergency concerned

and its location;

(b) in any case—the number of telephone numbers that were

disclosed and the day that disclosure occurred;

management person disclosed those numbers and the purpose

of each disclosure.

(2) The emergency management person must give the report to the

Minister administering the Administrative Decisions (Judicial

Review) Act 1977 and to the ACMA as soon as practicable after the

last disclosure referred to in paragraph (1)(c) of this section occurs

(disregarding section 295Y).

295ZC Annual reports to the ACMA and Information

Commissioner

If an emergency management person discloses relevant

information during a financial year, the person must, within 2

months after the end of that financial year, give a written report to

the ACMA and to the Information Commissioner that covers the

following matters in relation to each such disclosure:

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 3B Emergency warnings

Section 295ZD

230 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) if the disclosure occurred under subsection 295V(1) or (2)—a

description of the emergency or likely emergency concerned

and its location;

(b) in any case—the number of telephone numbers that were

disclosed and the day that disclosure occurred;

management person disclosed those numbers and the purpose

of each disclosure (whether the disclosure occurred in that

financial year or the following financial year).

295ZD Arrangements with States and Territories

(1) The Minister administering the Administrative Decisions (Judicial

Review) Act 1977 may make arrangements with a Minister of a

State or a Territory with respect to the performance of functions or

duties, or the exercise of powers, by an emergency management

person under this Division.

(2) An instrument by which an arrangement under this section is made

is not a legislative instrument.

295ZE Commonwealth immunity

No action, suit or proceeding lies against the Commonwealth in

relation to loss, damage or injury to any person or property as a

result of the use or disclosure of relevant information:

(a) for a purpose connected with persons being alerted to an

emergency or a likely emergency; or

(b) for the purpose of reasonable testing of whether, in the event

of an emergency occurring, persons would be able to be

alerted to that emergency.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Secondary disclosure/use offences Division 4

Section 296

Telecommunications Act 1997 231

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Secondary disclosure/use offences

296 Performance of person’s duties

If:

(a) information or a document is disclosed to a person for a

particular purpose as permitted by section 279 or this section;

and

(b) the information or the contents of the document does not

relate to the person’s affairs or personal particulars;

the person must not disclose or use the information or document

except for that purpose.

297 Authorisation by or under law

If information or a document is disclosed to a person for a

particular purpose as permitted by section 280 or this section, the

person must not disclose or use the information or document unless

the disclosure or use is required or authorised by or under law.

299 Assisting the ACMA, the eSafety Commissioner, the ACCC or

the Telecommunications Industry Ombudsman

(1) If information or a document is disclosed to a person as permitted

by subsection 284(1) or this subsection, the person must not

disclose or use the information or document except for the purpose

of, or in connection with, the carrying out of the ACMA’s

functions and powers.

(1A) If information or a document is disclosed to a person as permitted

by subsection 284(1A) or this subsection, the person must not

disclose or use the information or document except for the purpose

of, or in connection with, the carrying out of the eSafety

Commissioner’s functions and powers.

(2) If information or a document is disclosed to a person as permitted

by subsection 284(2) or this subsection, the person must not

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 4 Secondary disclosure/use offences

Section 299A

232 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

disclose or use the information or document except for the purpose

of, or in connection with, the carrying out of the ACCC’s

telecommunications functions and powers.

(3) If information or a document is disclosed to a person as permitted

by subsection 284(3) or this subsection, the person must not

disclose or use the information or document except for the purpose

of, or in connection with, assisting the Telecommunications

Industry Ombudsman in the consideration of a complaint made to

the Telecommunications Industry Ombudsman.

Note: Section 284 deals with the disclosure or use of information or

documents to assist the ACMA, the eSafety Commissioner, the ACCC

or the Telecommunications Industry Ombudsman.

299A Integrated public number database

Public number directory

(1) If:

(a) information or a document is disclosed to a person as

permitted by subsection 285(1A); and

(b) the disclosure is for a purpose covered by

subparagraph 285(1A)(c)(ii);

then:

under the integrated public number database scheme in

relation to the information or document—the person must not

disclose or use the information or document except for that

purpose; and

(d) if the person does not hold such an authorisation—the person

must not disclose or use the information or document.

Research

(2) If:

(a) information or a document is disclosed to a person as

permitted by subsection 285(1A); and

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Secondary disclosure/use offences Division 4

Section 300

Telecommunications Act 1997 233

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the disclosure is for a purpose covered by

subparagraph 285(1A)(c)(iv);

then:

under the integrated public number database scheme in

relation to the information or document—the person must not

disclose or use the information or document except for that

purpose; and

(d) if the person does not hold such an authorisation—the person

must not disclose or use the information or document.

(3) If information or a document is disclosed to a person for a

particular purpose as permitted by subsection (2) or this subsection,

the person must not disclose or use the information or document

except for that purpose.

300 Threat to person’s life or health

If information or a document is disclosed to a person (the first

person) as permitted by section 287 or this section, the first person

must not disclose or use the information or document unless:

(a) the disclosure or use is for the purpose of, or in connection

with, preventing or lessening a serious and imminent threat to

the life or health of another person; or

(b) the first person believes on reasonable grounds that the

disclosure or use is reasonably necessary to prevent or lessen

a serious and imminent threat to the life or health of another

person.

Note: Section 287 deals with the disclosure or use of information or

documents by a person where the person believes on reasonable

grounds that the disclosure or use is reasonably necessary to prevent

or lessen a serious and imminent threat to the life or health of another

person.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 4 Secondary disclosure/use offences

Section 301

234 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

301 Communications for maritime purposes

If information or a document is disclosed to a person as permitted

by section 288 or this section, the person must not disclose or use

the information or document unless:

(a) the disclosure or use is reasonably necessary for the purpose

of the preservation of human life at sea; or

(b) the disclosure or use:

(i) relates to the location of a vessel at sea; and

(ii) is made for maritime communications purposes.

Note: Section 288 deals with the disclosure or use of information or

documents where the disclosure or use is made for certain maritime

purposes.

302 Business needs of other carriers or service providers

If information or a document is disclosed to a person as permitted

by section 291 or this section, a person must not disclose or use the

information or document except for:

(a) the purpose of, or in connection with, the carrying on by:

(i) a carrier; or

(ii) a service provider;

of its business as such a carrier or provider; and

(b) the purpose of, or in connection with:

(i) the supply, or proposed supply, by a carrier or service

provider of a carriage service or a content service; or

(ii) the supply, or proposed supply, by a carrier or service

provider of goods or services for use in connection with

the supply of a carriage service or a content service; or

(iii) the installation, maintenance, operation or provision of

access to a telecommunications network or a facility,

where the network or facility is used, or for use, by a

carrier or service provider to supply a carriage service

or a content service to a person.

Note: Section 291 deals with the disclosure or use of information or

documents for the purposes of a carrier or a service provider carrying

on its business as such a carrier or provider.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Secondary disclosure/use offences Division 4

Section 302A

Telecommunications Act 1997 235

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

302A Location dependent carriage services

(1) If information or a document is disclosed to a person as permitted

by section 291A or this subsection, a person must not disclose or

use the information or document except for the purpose of, or in

connection with, the supply, or proposed supply, by a person of a

location dependent carriage service.

Note: Section 291A deals with the disclosure or use of information or

documents for the purposes of the supply, or proposed supply, by a

person of a location dependent carriage service.

(2) In this section:

location dependent carriage service means a carriage service that

depends for its provision on the availability of information about

the addresses of end users of the carriage service.

303 Secondary offence—contravening this Division

A person who contravenes this Division commits an offence

punishable on conviction by imprisonment for a term not

exceeding 2 years.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

303A Generality of Division not limited

Nothing in this Division limits the generality of anything else in it.

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 4A Relationship with the Privacy Act 1988

Section 303B

236 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4A—Relationship with the Privacy Act 1988

303B Acts taken to be authorised by this Act for purposes of Privacy

Act

(1) If a disclosure or use of information by a person would be

prohibited by Division 2 apart from a provision of Division 3, the

disclosure or use is taken for the purposes of the Privacy Act 1988,

and of a registered APP code (as defined in that Act), to be

authorised by this Act.

(2) If a disclosure or use of information by a person would be

prohibited by a provision of Division 4 apart from the fact that the

disclosure or use is covered by an exception in that provision to the

prohibition, the disclosure or use is taken for the purposes of the

Privacy Act 1988, and of a registered APP code (as defined in that

Act), to be authorised by this Act.

303C Prosecution of an offence against this Part does not affect

proceedings under the Privacy Act 1988

(1) The prosecution of an offence against Division 2 or 4 of this Part

for disclosure or use of information or a document does not prevent

civil proceedings or administrative action from being taken under

the Privacy Act 1988 or a registered APP code (as defined in that

Act) in relation to the disclosure or use.

(2) This section applies regardless of the outcome of the prosecution.

(3) This section does not affect the operation of section 49 of the

Privacy Act 1988.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Record-keeping requirements Division 5

Section 304

Telecommunications Act 1997 237

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Record-keeping requirements

304 Associate

A reference in this Division to an associate of a carrier, carriage

service provider or number-database operator is a reference to:

(a) an employee of the carrier, provider or operator; or

(b) a person (other than an employee) who performs services for

or on behalf of the carrier, provider or operator; or

305 Authorisations under the Telecommunications (Interception and

Access) Act 1979

(1) This section applies if:

(a) a carrier, carriage service provider or number-database

operator; or

(b) an associate of a carrier, carriage service provider or

number-database operator;

is notified of an authorisation made under Division 4 or 4A of

Part 4-1 of the Telecommunications (Interception and Access) Act

1979.

Note: Section 184 of the Telecommunications (Interception and Access) Act

1979 deals with notification of such authorisations.

(2) The carrier, carriage service provider or number-database operator

must retain the notification for 3 years.

306 Record of disclosures—general

(1) This section applies if:

(a) an eligible person or an eligible number-database person

discloses information or a document; and

(b) the disclosure is authorised by:

(i) a provision of Division 3 (other than section 279, 285,

285A, 290, 291 or 291A); or

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 5 Record-keeping requirements

Section 306

238 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) section 177, 178 or 179, subsection 180(3) or

section 180A of the Telecommunications (Interception

and Access) Act 1979.

(2) If the person is a carrier, carriage service provider or

number-database operator, the carrier, provider or operator must:

(a) make a record of the disclosure as soon as practicable after

the disclosure and, in any event, within 5 days after the

disclosure; and

(b) retain that record for 3 years.

(3) If the person is an associate of a carrier, carriage service provider

or number-database operator, the person must:

(a) make a record of the disclosure as soon as practicable after

the disclosure and, in any event, within 5 days after the

disclosure; and

(b) give a copy of that record to the carrier, provider or operator

within 5 days after the making of the record.

(4) If a copy of a record is given to a carrier, carriage service provider

or number-database operator under subsection (3), the carrier,

provider or operator must retain that copy for 3 years.

(5) A record made under subsection (2) or (3) must set out:

(a) the name of the person who disclosed the information or

document concerned; and

(b) the date of the disclosure; and

(d) if the disclosure is made on the grounds of an authorisation

under the Telecommunications (Interception and Access) Act

1979:

(i) the name of the person who made the authorisation; and

(ii) the date of the making of the authorisation; and

(e) if paragraph (d) does not apply and the disclosure was at the

request of another body or person:

(i) the name of the body or person; and

(ii) the date of the request; and

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Record-keeping requirements Division 5

Section 306A

Telecommunications Act 1997 239

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(f) if the information or document relates to the contents or

substance of a communication that was carried by means of a

carriage service—particulars of that carriage service.

(6) A record, or a copy of a record, may be made, given or retained

under this section:

(a) in written form; or

(b) in electronic form.

(7) A person who contravenes this section commits an offence

punishable on conviction by a fine not exceeding 300 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

306A Record of disclosures—prospective authorisation under the

Telecommunications (Interception and Access) Act 1979

(1) This section applies if:

(a) an eligible person or an eligible number-database person

discloses information or a document; and

(b) the disclosure or disclosures are authorised by an

authorisation under section 180 or 180B of the

Telecommunications (Interception and Access) Act 1979 (in

so far as the authorisation is of a kind referred to in

subsection 180(2) or 180B(2) of that Act).

(2) If the person is a carrier, carriage service provider or

number-database operator, the carrier, provider or operator must:

(a) make a record of the disclosure or disclosures as soon as

practicable after the day on which the authorisation ceases to

be in force and, in any event, within 5 days after that day;

and

(b) retain that record for 3 years.

(3) If the person is an associate of a carrier, carriage service provider

or number-database operator, the person must:

(a) make a record of the disclosure or disclosures as soon as

practicable after the day on which the authorisation ceases to

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 5 Record-keeping requirements

Section 307

240 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

be in force and, in any event, within 5 days after that day;

and

(b) give a copy of that record to the carrier, provider or operator

within 5 days after the making of the record.

(4) If a copy of a record is given to a carrier, carriage service provider

or number-database operator under subsection (3), the carrier,

provider or operator must retain that copy for 3 years.

(5) A record made under subsection (2) or (3) must set out:

(a) the name of the person or persons who made the disclosure

or disclosures; and

(b) one of the following:

(i) if only 1 disclosure is made because of the

authorisation—the date of the disclosure;

(ii) if more than 1 disclosure is made because of the

authorisation—the date of the first disclosure and the

date of the last disclosure; and

and

(d) the name of the person who made the authorisation and the

date of the making of the authorisation.

(6) A record, or a copy of a record, may be made, given or retained

under this section:

(a) in written form; or

(b) in electronic form.

(7) A person who contravenes this section commits an offence

punishable on conviction by a fine not exceeding 300 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

307 Incorrect records

(1) A person must not, in purported compliance with section 306 or

306A, make a record of any matter or thing in such a way that it

does not correctly record the matter or thing.

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Record-keeping requirements Division 5

Section 308

Telecommunications Act 1997 241

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by imprisonment for a term not

exceeding 6 months.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

308 Annual reports to the ACMA by carriers, carriage service

providers or number-database operators

(1) If:

(a) information or a document is disclosed during a financial

year; and

(b) either:

(i) under section 306 or 306A, a carrier, carriage service

provider or number-database operator makes a record of

the disclosure; or

(ii) under section 306 or 306A, a carrier, carriage service

provider or number-database operator is given a copy of

a record of the disclosure;

the carrier, carriage service provider or number-database operator

must, within 2 months after the end of the financial year, give the

ACMA a written report relating to the disclosure.

(2) The report must set out such information about the disclosure as

the ACMA requires.

309 Monitoring by the Information Commissioner

(1) In addition to the functions conferred on the Information

Commissioner by the Privacy Act 1988, the Information

Commissioner has the function of monitoring compliance with this

Division.

(1A) The function conferred on the Information Commissioner by

subsection (1) is a privacy function for the purposes of the

Australian Information Commissioner Act 2010.

(2) In particular, the function conferred on the Information

Commissioner by subsection (1) includes monitoring:

Authorised Version C2017C00179 registered 30/06/2017

Part 13 Protection of communications

Division 5 Record-keeping requirements

Section 309

242 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) whether a record made under section 306 or 306A sets out a

statement of the grounds for a disclosure; and

(b) whether that statement is covered by Division 3 of this Part

or Chapter 4 of the Telecommunications (Interception and

Access) Act 1979 (which deal with exceptions).

(3) A carrier, carriage service provider or number-database operator

must give the Information Commissioner such access to the

records of the carrier, provider or operator as the Information

Commissioner reasonably requires for the purposes of the

performance of the function conferred by subsection (1).

(4) The Information Commissioner may give the Minister a written

report about any matters arising out of the performance of the

function conferred by subsection (1).

Authorised Version C2017C00179 registered 30/06/2017

Protection of communications Part 13

Instrument-making powers not limited Division 6

Section 310

Telecommunications Act 1997 243

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Instrument-making powers not limited

310 Instrument-making powers not limited

(1) This Part does not, by implication, limit a power conferred by or

under this Act to make an instrument.

(2) This Part does not, by implication, limit the matters that may be

dealt with by codes or standards referred to in Part 6.

(3) This section does not, by implication, limit subsection 33(3B) of

the Acts Interpretation Act 1901.

Authorised Version C2017C00179 registered 30/06/2017

Part 14 National interest matters

Section 311

244 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 14—National interest matters

311 Simplified outline

The following is a simplified outline of this Part:

• The ACMA, carriers and carriage service providers must do

their best to prevent telecommunications networks and

facilities from being used to commit offences.

• The ACMA, carriers and carriage service providers must give

the authorities such help as is reasonably necessary for the

purposes of:

(a) enforcing the criminal law and laws imposing

pecuniary penalties; and

(b) protecting the public revenue; and

• A carriage service provider may suspend the supply of a

carriage service in an emergency if requested to do so by a

senior police officer.

312 ACMA’s obligations

(1) The ACMA must, in performing its telecommunications functions

or exercising its telecommunications powers, do its best to prevent:

(a) telecommunications networks; and

(b) facilities;

from being used in, or in relation to, the commission of offences

against the laws of the Commonwealth and of the States and

Territories.

Authorised Version C2017C00179 registered 30/06/2017

National interest matters Part 14

Section 313

Telecommunications Act 1997 245

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA must, in performing its telecommunications functions

or exercising its telecommunications powers, give officers and

authorities of the Commonwealth and of the States and Territories

such help as is reasonably necessary for the following purposes:

(a) enforcing the criminal law and laws imposing pecuniary

penalties;

(b) protecting the public revenue;

(3) The ACMA is not liable to an action or other proceeding for

damages for or in relation to an act done or omitted in good faith in

performance of the duty imposed by subsection (1) or (2).

(4) An officer, employee or agent of the ACMA is not liable to an

action or other proceeding for damages for or in relation to an act

done or omitted in good faith in connection with an act done or

omitted by the ACMA as mentioned in subsection (3).

313 Obligations of carriers and carriage service providers

(1) A carrier or carriage service provider must, in connection with:

(a) the operation by the carrier or provider of

telecommunications networks or facilities; or

(b) the supply by the carrier or provider of carriage services;

do the carrier’s best or the provider’s best to prevent

telecommunications networks and facilities from being used in, or

in relation to, the commission of offences against the laws of the

Commonwealth or of the States and Territories.

(2) A carriage service intermediary must do the intermediary’s best to

prevent telecommunications networks and facilities from being

used in, or in relation to, the commission of offences against the

laws of the Commonwealth or of the States and Territories.

(3) A carrier or carriage service provider must, in connection with:

(a) the operation by the carrier or provider of

telecommunications networks or facilities; or

Authorised Version C2017C00179 registered 30/06/2017

Part 14 National interest matters

Section 313

246 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the supply by the carrier or provider of carriage services;

give officers and authorities of the Commonwealth and of the

States and Territories such help as is reasonably necessary for the

following purposes:

penalties;

(ca) assisting the enforcement of the criminal laws in force in a

foreign country;

(d) protecting the public revenue;

(e) safeguarding national security.

Note: Section 314 deals with the terms and conditions on which such help is

to be provided.

(4) A carriage service intermediary who arranges for the supply by a

carriage service provider of carriage services must, in connection

with:

(a) the operation by the provider of telecommunications

networks or facilities; or

(b) the supply by the provider of carriage services;

give officers and authorities of the Commonwealth and of the

States and Territories such help as is reasonably necessary for the

following purposes:

penalties;

(ca) assisting the enforcement of the criminal laws in force in a

foreign country;

(d) protecting the public revenue;

(e) safeguarding national security.

Note: Section 314 deals with the terms and conditions on which such help is

to be provided.

(5) A carrier or carriage service provider is not liable to an action or

other proceeding for damages for or in relation to an act done or

omitted in good faith:

(a) in performance of the duty imposed by subsection (1), (2),

(3) or (4); or

Authorised Version C2017C00179 registered 30/06/2017

National interest matters Part 14

Section 314

Telecommunications Act 1997 247

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) in compliance with a direction that the ACMA gives in good

faith in performance of its duties under section 312.

(6) An officer, employee or agent of a carrier or of a carriage service

provider is not liable to an action or other proceeding for damages

for or in relation to an act done or omitted in good faith in

connection with an act done or omitted by the carrier or provider as

mentioned in subsection (5).

(7) A reference in this section to giving help includes a reference to

giving help by way of:

(a) the provision of interception services, including services in

executing an interception warrant under the

Telecommunications (Interception and Access) Act 1979; or

(b) giving effect to a stored communications warrant under that

Act; or

(i) any communication that is lawfully intercepted under

such an interception warrant; or

(ii) any communication that is lawfully accessed under such

a stored communications warrant; or

(ca) complying with a domestic preservation notice or a foreign

preservation notice that is in force under Part 3-1A of that

Act; or

(d) giving effect to authorisations under Division 3 or 4 of

Part 4-1 of that Act; or

(e) disclosing information or a document in accordance with

section 280 of this Act.

Note: Additional obligations concerning interception capability and delivery

capability are, or may be, imposed on a carrier or carriage service

provider under Chapter 5 of the Telecommunications (Interception

and Access) Act 1979.

314 Terms and conditions on which help is to be given

(1) This section applies if a person is required to give help to an officer

or authority of the Commonwealth, a State or a Territory as

mentioned in subsection 313(3) or (4).

Authorised Version C2017C00179 registered 30/06/2017

Part 14 National interest matters

Section 314

248 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The person must comply with the requirement on the basis that the

person neither profits from, nor bears the costs of, giving that help.

(3) The person must comply with the requirement on such terms and

conditions as are:

(a) agreed between the following parties:

(i) the person;

(ii) the Commonwealth, the State or the Territory, as the

case may be; 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

ACMA is to appoint the arbitrator.

(4) An arbitrator appointed by the ACMA under subsection (3) must

be a person specified in a written determination made by the

Minister.

Note: A person may be specified by name, by inclusion in a specified class

or in any other way.

(5) Before making a determination under subsection (4), the Minister

must consult the Attorney-General.

(6) If an arbitration under this section is conducted by an arbitrator

appointed by the ACMA, the cost of the arbitration must be

apportioned equally between the parties.

(7) The regulations may make provision for and in relation to the

conduct of an arbitration under this section.

(8) This section does not apply in relation to the obligation of carriers

or carriage service providers under Part 5-1A, 5-3 or 5-5 of the

Telecommunications (Interception and Access) Act 1979 (about

data retention, interception capability and delivery capability).

Note: Part 5-6 of the Telecommunications (Interception and Access) Act

1979 contains provisions about the allocation of costs in relation to

interception capability and delivery capability.

Authorised Version C2017C00179 registered 30/06/2017

National interest matters Part 14

Section 315

Telecommunications Act 1997 249

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

315 Suspension of supply of carriage service in an emergency

(1) If a senior officer of a police force or service has reasonable

grounds to believe that:

(a) an individual has access to a particular carriage service; and

(b) the individual has:

(i) done an act that has resulted, or is likely to result, in loss

of life or in the infliction of serious personal injury; or

(ii) made an imminent threat to kill, or seriously injure,

another person; or

(iii) made an imminent threat to cause serious damage to

property; or

(iv) made an imminent threat to take the individual’s own

life; or

(v) made an imminent threat to do an act that will, or is

likely to, endanger the individual’s own life or create a

serious threat to the individual’s health or safety; and

reasonably necessary to:

(i) prevent a recurrence of the act mentioned in

subparagraph (b)(i); or

(ii) prevent or reduce the likelihood of the carrying out of a

threat mentioned in subparagraph (b)(ii), (iii), (iv) or

(v);

the officer may request a carriage service provider to suspend the

supply of the carriage service.

(2) The carriage service provider may comply with the request.

(3) This section does not, by implication, limit any other powers that

the provider may have to suspend the supply of the carriage

service.

(3A) The provider is not liable to an action or other proceeding for

damages for or in relation to an act done or omitted in good faith in

compliance with the request.

Authorised Version C2017C00179 registered 30/06/2017

Part 14 National interest matters

Section 316

250 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3B) An officer, employee or agent of the provider is not liable to an

action or other proceeding for damages for or in relation to an act

done or omitted in good faith in connection with an act done or

omitted by the provider as mentioned in subsection (3A).

(4) In this section:

senior officer, in relation to a police force or service, means a

commissioned officer of the force or service who holds a rank not

lower than the rank of Assistant Commissioner.

316 Generality of Part not limited

Nothing in this Part limits the generality of anything else in it.

Authorised Version C2017C00179 registered 30/06/2017

Defence requirements and disaster plans Part 16

Introduction Division 1

Section 333

Telecommunications Act 1997 251

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 16—Defence requirements and disaster plans

Division 1—Introduction

333 Simplified outline

The following is a simplified outline of this Part:

• A carriage service provider may be required to supply a

carriage service for defence purposes or for the management

of natural disasters.

• A carrier or carriage service provider may be required to enter

into an agreement with the Commonwealth about:

(a) planning for network survivability; or

(b) operational requirements in times of crisis.

• A carrier licence condition or a service provider rule may deal

with compliance with a disaster plan.

334 Defence authority

For the purposes of this Part, a defence authority is:

(a) the Secretary of the Defence Department; or

(b) the Chief of the Defence Force.

Authorised Version C2017C00179 registered 30/06/2017

Part 16 Defence requirements and disaster plans

Division 2 Supply of carriage services

Section 335

252 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Supply of carriage services

335 Requirement to supply carriage services for defence purposes or

for the management of natural disasters

(1) A defence authority may give a carriage service provider a written

notice requiring the provider to supply a specified carriage service

for the use of:

(a) the Defence Department; or

(b) the Defence Force.

(2) A defence authority must not issue a notice about a carriage service

unless the service is required for:

(a) defence purposes; or

(b) for the purposes of the management of natural disasters;

or both.

(3) A notice issued by a defence authority requiring a carriage service

provider to supply a carriage service in particular circumstances is

of no effect if there is in force a written certificate issued by the

ACMA stating that, in the ACMA’s opinion, it would be

unreasonable for the provider to be required to supply the service

in those circumstances.

(4) If a requirement is in force, the provider must supply the carriage

service in accordance with the requirement and on such terms and

conditions as are:

(a) agreed between the provider and the defence authority; or

(b) failing agreement, determined by an arbitrator appointed by

the parties.

If the parties cannot 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 section.

Authorised Version C2017C00179 registered 30/06/2017

Defence requirements and disaster plans Part 16

Supply of carriage services Division 2

Section 335

Telecommunications Act 1997 253

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this section, 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) Subsection (6) does not, by implication, limit subsection (5).

Authorised Version C2017C00179 registered 30/06/2017

Part 16 Defence requirements and disaster plans

Division 3 Defence planning

Section 336

254 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Defence planning

336 Definitions

In this Division:

certified agreement has the meaning given by section 338.

crisis means:

(a) war, war-like conflict or war-like operations; or

(b) civil disturbance; or

(d) earthquakes, floods, fire, cyclones, storms or other disasters

(whether natural or resulting from the acts or omissions of

humans).

draft agreement means a draft agreement prepared under

section 337.

network survivability means the ability of a telecommunications

network, or of a facility, to continue to function in times of crisis.

337 Preparation of draft agreement

(1) A defence authority may prepare a draft agreement to be entered

into by the defence authority (on behalf of the Commonwealth)

and:

(a) a carrier; or

(b) a carriage service provider.

(2) The agreement must be about:

(a) planning for network survivability; or

(b) operational requirements in times of crisis;

or both.

(3) In preparing the draft agreement, the defence authority must

consult the carrier or provider concerned.

Authorised Version C2017C00179 registered 30/06/2017

Defence requirements and disaster plans Part 16

Defence planning Division 3

Section 338

Telecommunications Act 1997 255

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

338 ACMA’s certification of draft agreement

(1) The ACMA may certify a draft agreement if the ACMA is of the

opinion that the draft agreement is reasonable.

(2) On being certified, the draft agreement becomes a certified

agreement.

(3) In deciding whether to certify a draft agreement, the ACMA must

have regard to whether the draft agreement deals with the

following matters in a reasonable way:

(a) consultation with a defence authority about maintenance,

installation, modification and removal of telecommunications

networks or facilities;

(b) consultation with a defence authority about operational

arrangements in times of crisis;

restrictions on the uses to which such information may be

put;

(d) grants of financial assistance (including conditional grants)

by the Commonwealth for purposes relating to:

(i) network survivability; or

(ii) operational requirements in times of crisis;

or both.

(4) For the purposes of this section, in determining whether a

particular matter is reasonable, the ACMA must have regard to:

(a) the needs of the Defence Department and of the Defence

Force; and

(b) the interests of the carrier or carriage service provider

concerned.

This subsection does not, by implication, limit the meaning of the

expression “reasonable”.

(5) In deciding whether to certify a draft agreement, the ACMA must

consult the parties to the agreement.

Authorised Version C2017C00179 registered 30/06/2017

Part 16 Defence requirements and disaster plans

Division 3 Defence planning

Section 339

256 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(6) As soon as practicable after deciding whether to certify a draft

agreement, the ACMA must give each of the parties to the

agreement a written notice setting out its decision.

339 Requirement to enter into certified agreement

(1) This section applies if the ACMA has certified a draft agreement

relating to a carrier or carriage service provider.

(2) A defence authority may give:

(a) the carrier; or

(b) the carriage service provider;

as the case requires, a written notice requiring the carrier or

provider to enter into the agreement within 30 days after receiving

the notice.

(3) The carrier or provider must comply with the notice.

340 Compliance with agreement

If:

(a) a carrier; or

(b) a carriage service provider;

has entered into a certified agreement, the carrier or provider, as

the case requires, must comply with the agreement, so long as the

agreement remains in force.

341 Withdrawal of certification of agreement

(1) This section applies if:

(a) a certified agreement is in force at a particular time; and

(b) the ACMA is of the opinion that, if the agreement were a

draft agreement at that time, the ACMA would have refused

to certify it.

(2) The ACMA must withdraw its certification of the agreement.

Authorised Version C2017C00179 registered 30/06/2017

Defence requirements and disaster plans Part 16

Defence planning Division 3

Section 342

Telecommunications Act 1997 257

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) As soon as practicable after withdrawing its certification of the

agreement, the ACMA must give each of the parties to the

agreement a written notice stating that it has withdrawn its

certification of the agreement.

342 Duration of agreement

(1) If a certified agreement has been entered into, it remains in force

until it is revoked under this section.

(2) A certified agreement is revoked if the parties enter into a fresh

certified agreement that is expressed to replace the original

agreement.

(3) If the ACMA withdraws its certification of a certified agreement,

the agreement is revoked 60 days after the withdrawal.

343 Variation of agreement

(1) This section applies if a certified agreement is in force.

(2) A defence authority may prepare a draft variation of the agreement.

(3) In preparing the draft variation, the defence authority must consult

the carrier or carriage service provider concerned.

(4) If:

(a) a defence authority has prepared a draft variation of a

certified agreement; and

(b) the ACMA is of the opinion that, if the agreement, as

proposed to be varied, were a draft agreement, the ACMA

would certify the agreement;

the ACMA must certify the variation.

(5) Before forming an opinion referred to in paragraph (4)(b) about an

agreement, the ACMA must consult the parties to the agreement.

(6) After deciding whether to certify a draft variation of a certified

agreement, the ACMA must give each of the parties to the

agreement a written notice setting out its decision.

Authorised Version C2017C00179 registered 30/06/2017

Part 16 Defence requirements and disaster plans

Division 3 Defence planning

Section 343

258 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(7) If the ACMA certifies a draft variation of a certified agreement, the

agreement is varied accordingly.

Authorised Version C2017C00179 registered 30/06/2017

Defence requirements and disaster plans Part 16

Disaster plans Division 4

Section 344

Telecommunications Act 1997 259

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Disaster plans

344 Designated disaster plans

For the purposes of this Division, a designated disaster plan is a

plan that:

(a) is for coping with disasters and/or civil emergencies; and

(b) is prepared by the Commonwealth, a State or a Territory.

345 Carrier licence conditions about designated disaster plans

(1) An instrument under section 63 imposing conditions on a carrier

licence held by a carrier may make provision for and in relation to

compliance by the carrier with one or more specified designated

disaster plans.

(2) Subsection (1) does not, by implication, limit section 63.

346 Service provider determinations about designated disaster plans

(1) Service provider determinations under section 99 may make

provision for and in relation to compliance by one or more

specified carriage service providers with one or more specified

designated disaster plans.

(2) Subsection (1) does not, by implication, limit section 99.

346A Carrier and carriage service provider immunity

(1) A carrier or carriage service provider is not liable to an action or

other proceeding for damages for or in relation to an act done or

omitted in good faith in compliance with a designated disaster plan

covered by subsection 345(1) or 346(1), as the case may be.

(2) An officer, employee or agent of a carrier or of a carriage service

provider is not liable to an action or other proceeding for damages

for or in relation to an act done or omitted in good faith in

Authorised Version C2017C00179 registered 30/06/2017

Part 16 Defence requirements and disaster plans

Division 4 Disaster plans

Section 346A

260 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

connection with an act done or omitted by the carrier or provider as

mentioned in subsection (1).

Authorised Version C2017C00179 registered 30/06/2017

Defence requirements and disaster plans Part 16

Delegation Division 5

Section 347

Telecommunications Act 1997 261

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Delegation

347 Delegation

(1) The Secretary of the Defence Department may, by writing,

delegate to an SES employee or acting SES employee in that

Department any or all of the Secretary’s powers under this Part.

(2) The Chief of the Defence Force may, by writing, delegate to a

member of the Defence Force holding a senior rank any or all of

the powers conferred on the Chief of the Defence Force by this

Part.

(3) In this section:

senior rank means a rank not lower than:

(a) in the case of the Royal Australian Navy—the rank of

Commodore; or

(b) in the case of the Australian Army—the rank of Brigadier; or

Air Commodore.

Authorised Version C2017C00179 registered 30/06/2017

Part 17 Pre-selection in favour of carriage service providers

Section 348

262 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 17—Pre-selection in favour of carriage service

providers

348 Simplified outline

The following is a simplified outline of this Part:

• The ACMA may require certain carriers and carriage service

providers to provide pre-selection in favour of carriage service

providers in relation to calls made using a standard telephone

service.

• The ACMA must require certain carriers and carriage service

providers to provide pre-selection in favour of carriage service

providers in relation to calls made using a declared carriage

service.

• Pre-selection must include over-ride dial codes for selecting

alternative carriage service providers on a call-by-call basis.

349 Requirement to provide pre-selection

(1) The ACMA may make a written determination requiring each

carrier or carriage service provider who supplies an eligible

standard telephone service to:

(a) provide pre-selection in favour of a specified carriage service

provider, in relation to calls made using an eligible standard

telephone service, in the manner specified in the

determination; and

(b) comply with such ancillary or incidental rules (if any) as are

set out in the determination.

(2) The ACMA must make a written determination requiring each

carrier or carriage service provider who supplies a specified

declared carriage service to:

Authorised Version C2017C00179 registered 30/06/2017

Pre-selection in favour of carriage service providers Part 17

Section 349

Telecommunications Act 1997 263

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) provide pre-selection in favour of a specified carriage service

provider, in relation to calls made using the carriage service,

in the manner specified in the determination; and

(b) comply with such ancillary or incidental rules (if any) as are

set out in the determination.

Note: Declared carriage service is defined by section 350A.

(3) In making a determination under subsection (1) or (2), the ACMA

must have regard to:

(a) the technical feasibility of complying with the requirement

concerned; and

(b) the costs and benefits of complying with the requirement

concerned.

(4) Subsection (3) does not, by implication, limit the matters to which

regard may be had.

(5) A reference in this section to a standard telephone service does not

include a reference to a service that is supplied by means of a

public mobile telecommunications service.

(5A) A reference in this section to a standard telephone service does not

include a reference to a service that:

(a) is supplied using:

(i) a designated radiocommunications facility owned or

operated by a carrier or carriage service provider; and

(ii) a line that runs directly between the facility and the

premises occupied or used by an end-user; and

(b) if an instrument is in force under subsection (5B)—satisfies

the conditions set out in the instrument.

(5B) The Minister may, by legislative instrument, set out conditions for

the purposes of paragraph (5A)(b).

(6) Before making a determination under this section, the ACMA must

consult the ACCC.

(7) In making a determination under this section, the ACMA may

apply, adopt or incorporate (with or without modification) any

Authorised Version C2017C00179 registered 30/06/2017

Part 17 Pre-selection in favour of carriage service providers

Section 349

264 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

matter contained in a code or standard proposed or approved by a

body or association, either:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

This subsection does not, by implication, limit section 589.

(8) A determination under this section is a legislative instrument.

(9) The ACMA must take all reasonable steps to ensure that a

determination is in force under subsection (1) at all times before

the start of the designated day (within the meaning of

section 577A).

Eligible standard telephone service

(10) For the purposes of this section, eligible standard telephone

service means a standard telephone service that is supplied using a

local access line (other than an exempt line) to premises occupied

or used by an end-user, where:

(a) the local access line forms part of the infrastructure of:

(i) a public switched telephone network (other than a

designated network) that was in existence immediately

before the commencement of this subsection (even if it

is subsequently extended); or

(ii) an integrated services digital network (other than a

designated network) that was in existence immediately

before the commencement of this subsection (even if it

is subsequently extended); or

(iii) a telecommunications network specified in an

instrument in force under subsection (11); or

(b) the following conditions are satisfied:

(i) the service is a public switched telephone service

supplied by a carriage service provider;

(ii) the local access line is part of the infrastructure of a

designated network (other than a hybrid fibre-coaxial

network);

Authorised Version C2017C00179 registered 30/06/2017

Pre-selection in favour of carriage service providers Part 17

Section 349

Telecommunications Act 1997 265

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iii) the carriage service provider is in a position to exercise

control over the designated network;

(iv) such other conditions (if any) as are set out in an

instrument in force under subsection (11A); or

(i) the service is an integrated services digital service

supplied by a carriage service provider;

(ii) the local access line is part of the infrastructure of a

designated network (other than a hybrid fibre-coaxial

network);

(iii) the carriage service provider is in a position to exercise

control over the designated network;

(iv) such other conditions (if any) as are set out in an

instrument in force under subsection (11B); or

(d) the following conditions are satisfied:

(i) the service is a PSTN pass-through service supplied in

conjunction with a telecommunications network

covered by paragraph (b) of the definition of optical

fibre network in subsection (16);

(ii) such other conditions (if any) as are set out in an

instrument in force under subsection (11C).

(11) The Minister may, by legislative instrument, specify a

telecommunications network for the purposes of

subparagraph (10)(a)(iii).

(11A) The Minister may, by legislative instrument, set out one or more

conditions for the purposes of subparagraph (10)(b)(iv).

(11B) The Minister may, by legislative instrument, set out one or more

conditions for the purposes of subparagraph (10)(c)(iv).

(11C) The Minister may, by legislative instrument, set out one or more

conditions for the purposes of subparagraph (10)(d)(ii).

Authorised Version C2017C00179 registered 30/06/2017

Part 17 Pre-selection in favour of carriage service providers

Section 349

266 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Exempt line

(12) For the purposes of this section, exempt line means a line specified

in an instrument in force under subsection (13).

(13) The Minister may, by legislative instrument, specify a line for the

purposes of subsection (12).

Designated network

(14) For the purposes of this section, designated network means:

(a) an optical fibre network; or

(b) a hybrid fibre-coaxial network; or

force under subsection (15).

(15) The Minister may, by legislative instrument, specify a

telecommunications network for the purposes of paragraph (14)(c).

(15A) For the purposes of this section:

(a) the question of whether a carriage service provider is in a

position to exercise control over a designated network is to

be determined under Division 7 of Part 33; and

(b) in determining that question for a carriage service provider

other than Telstra, that Division applies in relation to the

carriage service provider in a corresponding way to the way

in which that Division applies in relation to Telstra.

Review of determination

(15B) The ACMA must:

(a) conduct a review of whether a determination in force under

subsection (1) of this section should be varied or revoked;

and

(b) do so at least 2 months before the start of the designated day

(within the meaning of section 577A).

Authorised Version C2017C00179 registered 30/06/2017

Pre-selection in favour of carriage service providers Part 17

Section 349

Telecommunications Act 1997 267

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Definitions

(16) In this section:

integrated services digital network has the meaning generally

accepted within the telecommunications industry immediately

before the commencement of this subsection.

integrated services digital service has the meaning generally

accepted within the telecommunications industry immediately

before the commencement of this subsection.

local access line has the same meaning as in section 141D.

non-optical-fibre cable means a line other than an optical fibre

line.

optical fibre network means:

(a) a telecommunications network the line component of which

consists of optical fibre lines; or

(b) a telecommunications network the line component of which

consists of optical fibre lines to connecting nodes,

supplemented by either or both of the following:

(i) non-optical-fibre cable connections from the nodes to

premises occupied or used by end-users;

(ii) non-optical-fibre cable connections from the nodes to

main distribution frames, and non-optical-fibre cable

connections from main distribution frames to premises

occupied or used by end-users.

PSTN pass-through service has the meaning generally accepted

within the telecommunications industry immediately before the

commencement of this subsection.

public switched telephone network has the meaning generally

accepted within the telecommunications industry immediately

before the commencement of this subsection.

Authorised Version C2017C00179 registered 30/06/2017

Part 17 Pre-selection in favour of carriage service providers

Section 350

268 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

public switched telephone service has the meaning generally

accepted within the telecommunications industry immediately

before the commencement of this subsection.

350 When pre-selection is provided in favour of a carriage service

provider

(1) For the purposes of this Part, a determination requires a carrier to

provide pre-selection in favour of a carriage service provider in

relation to calls made using a particular carriage service if, and

only if, the determination requires:

(a) the controlled networks and controlled facilities of the carrier

to permit an end-user to:

(i) pre-select the carriage service provider as the end-user’s

preferred carriage service provider for such of the

end-user’s requirements, in relation to calls made using

that carriage service, as are specified in the

determination; and

(ii) change that selection from time to time; and

to provide over-ride dial codes for selecting alternative

carriage service providers, in relation to calls made using that

carriage service, on a call-by-call basis.

Note: End-user is defined by subsection (3).

(2) For the purposes of this Part, a determination requires a carriage

service provider (the first provider) to provide pre-selection in

favour of another carriage service provider (the second provider)

in relation to calls made using a particular carriage service if, and

only if, the determination requires:

(a) the controlled networks and controlled facilities of the first

provider to permit an end-user to:

(i) pre-select the second provider as the end-user’s

preferred carriage service provider for such of the

end-user’s requirements, in relation to calls made using

that carriage service, as are specified in the

determination; and

Authorised Version C2017C00179 registered 30/06/2017

Pre-selection in favour of carriage service providers Part 17

Section 350A

Telecommunications Act 1997 269

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) change that selection from time to time; and

provider to provide over-ride dial codes for selecting

alternative carriage service providers, in relation to calls

made using that carriage service, on a call-by-call basis.

Note: End-user is defined by subsection (3).

(3) For the purposes of this section, an end-user, in relation to a

controlled network or a controlled facility, is an end-user of a

carriage service that involves the use of the network or facility.

(4) Each of the following is an example of an end-user’s requirements:

(a) the end-user’s requirements relating to domestic

long-distance calls;

(b) the end-user’s requirements relating to international calls.

350A Declared carriage services

(1) The ACCC may, by written instrument, declare that a specified

carriage service is a declared carriage service for the purposes of

this Part.

(2) The declaration has effect accordingly.

(3) In deciding whether to make a declaration under this section, the

ACCC must have regard to whether the declaration will promote

the long-term interests of end-users of:

(a) carriage services; or

(b) services supplied by means of carriage services.

(4) The ACCC may have regard to any other matters that it thinks are

relevant.

(5) For the purposes of this section, the question whether a particular

thing promotes the long-term interests of end-users of:

(a) carriage services; or

(b) services supplied by means of carriage services;

Authorised Version C2017C00179 registered 30/06/2017

Part 17 Pre-selection in favour of carriage service providers

Section 351

270 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

is to be determined in the same manner in which that question is

determined for the purposes of Part XIC of the Competition and

Consumer Act 2010.

Note: See section 152AB of the Competition and Consumer Act 2010.

351 Pre-selection to be provided

(1) This section applies to a person if a determination under

section 349 is in force and that determination requires the person to

provide pre-selection.

(2) A person must provide pre-selection in accordance with the

requirements set out in the determination and on such terms and

conditions as are:

(a) agreed between the following parties:

(i) the person;

(ii) the carriage service provider in whose favour

pre-selection is required to be provided; 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 section.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this section, 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) Subsection (4) does not, by implication, limit subsection (3).

(6) A person must comply with any rules set out in the determination

as mentioned in paragraph 349(1)(b) or (2)(b).

Authorised Version C2017C00179 registered 30/06/2017

Pre-selection in favour of carriage service providers Part 17

Section 352

Telecommunications Act 1997 271

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

352 Exemptions from requirement to provide pre-selection

(1) The ACMA may, by writing, declare that a specified carrier or

carriage service provider is exempt from a requirement imposed

under section 349. The declaration has effect accordingly.

Note: Carriers or providers may be specified by name, by inclusion in a

particular class or in any other way.

(2) In deciding whether a carrier or carriage service provider should be

exempt from a requirement imposed under section 349, the ACMA

must have regard to the following matters:

(a) whether it would be technically feasible for the carrier or

provider to comply with the requirement concerned;

(b) whether compliance with the requirement concerned would

impose unreasonable financial hardship on the carrier or

provider.

(3) Subsection (2) does not, by implication, limit the matters to which

the ACMA may have regard.

(4) Before making a declaration under this section, the ACMA must

consult the ACCC.

(5) The ACMA must publish a copy of a declaration under this section

on the ACMA’s website.

(6) A declaration under this section is not a legislative instrument if:

(a) the declaration specifies a carrier by name; or

(b) the declaration specifies a carriage service provider by name.

(7) A declaration under this section is a legislative instrument if:

(a) the declaration specifies a class of carriers; or

(b) the declaration specifies a class of carriage service providers.

353 Use of over-ride dial codes

(1) This section applies to a carriage service provider (the first

provider) if:

Authorised Version C2017C00179 registered 30/06/2017

Part 17 Pre-selection in favour of carriage service providers

Section 353

272 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the first provider supplies a carriage service that involves the

use of a controlled network, or a controlled facility, of a

carrier, of the first provider or of another carriage service

provider; and

(b) in accordance with a determination under section 349, the

network or facility, as the case may be, provides over-ride

dial codes for selecting alternative carriage service providers

on a call-by-call basis.

(2) Unless, in the ACMA’s opinion:

(a) it would not be technically feasible; or

(b) it would impose unreasonable financial hardship on the first

provider;

the first provider must take such steps as are necessary to ensure

that each end-user of the carriage service is able to make use of

those codes for selecting alternative carriage service providers on a

call-by-call basis.

(3) The requirement in subsection (2) does not, by implication, prevent

an alternative carriage service provider from refusing to supply a

carriage service to the end-user concerned.

Authorised Version C2017C00179 registered 30/06/2017

Calling line identification Part 18

Section 354

Telecommunications Act 1997 273

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 18—Calling line identification

354 Simplified outline

The following is a simplified outline of this Part:

• Certain switching systems must be capable of providing

calling line identification.

355 Calling line identification

(1) This section applies to a person if:

(a) the person is a carrier or a carriage service provider; and

(b) a controlled facility of the person consists of:

(i) a switching system used in connection with the supply

of a standard telephone service; or

(ii) a switching system of a kind specified in a

determination under subsection (3); and

(i) the completion of the installation of the system occurred

on or after 1 July 1997; or

(ii) immediately before 1 July 1997, the system was capable

of providing calling line identification.

(2) The person must take all reasonable steps to ensure that the system

is capable of providing calling line identification.

(3) The ACMA may, by legislative instrument, make a determination

for the purposes of subparagraph (1)(b)(ii).

356 Exemptions from calling line identification requirement

(1) The ACMA may, by notice in the Gazette, declare that a specified

person is exempt from the requirement set out in section 355. The

declaration has effect accordingly.

Authorised Version C2017C00179 registered 30/06/2017

Part 18 Calling line identification

Section 356

274 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: A person may be identified by name, by inclusion in a particular class

or in any other way.

(2) In deciding whether a person should be exempt from the

requirement set out in section 355, the ACMA must have regard to

the following matters:

(a) whether it would be unreasonable to impose the requirement;

(b) whether it is in the public interest to impose the requirement.

(3) Subsection (2) does not, by implication, limit the matters to which

the ACMA may have regard.

Authorised Version C2017C00179 registered 30/06/2017

International aspects of activities of the telecommunications industry Part 20

Simplified outline Division 1

Section 364

Telecommunications Act 1997 275

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 20—International aspects of activities of the

telecommunications industry

Division 1—Simplified outline

364 Simplified outline

The following is a simplified outline of this Part:

• The Minister may give directions to the Signatories to the

INTELSAT Agreement and the Inmarsat Convention.

• Carriers and carriage service providers may be required to

comply with certain international conventions.

• The Minister may make Rules of Conduct about dealings with

international telecommunications operators.

Authorised Version C2017C00179 registered 30/06/2017

Part 20 International aspects of activities of the telecommunications industry

Division 2 Compliance with international agreements

Section 365

276 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Compliance with international agreements

365 INTELSAT and Inmarsat—directions to Signatories

(1) This section applies to a person if:

(a) the person is:

(i) a carrier; or

(ii) a carriage service provider; and

(b) either:

(i) the person is a Signatory within the meaning of the

INTELSAT Agreement because the person has been

designated, by or on behalf of the Commonwealth and

in accordance with Article II(b) of that Agreement, to

sign the INTELSAT Operating Agreement; or

(ii) the person is a Signatory within the meaning of the

Convention on the International Maritime Satellite

Organisation (Inmarsat) because the person has been

designated, by or on behalf of the Commonwealth and

in accordance with Article 2(3) of that Convention, to

sign the Operating Agreement on the International

Maritime Satellite Organisation (Inmarsat).

(2) The Minister may give the person such written directions as the

Minister thinks necessary in relation to the person’s performance

of the person’s functions as a Signatory within the meaning of that

Agreement or Convention.

(3) The Minister must not give a direction under subsection (2) that

relates to the manner in which the person is to deal with a

particular customer.

(4) A person must comply with a direction under subsection (2).

366 Compliance with conventions

(1) This section applies to a person who is:

(a) a carrier; or

Authorised Version C2017C00179 registered 30/06/2017

International aspects of activities of the telecommunications industry Part 20

Compliance with international agreements Division 2

Section 366

Telecommunications Act 1997 277

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a carriage service provider.

(2) The Minister may, by notice published in the Gazette, declare that,

for the purposes of this section, a specified convention is binding in

relation to the members of a specified class of persons.

(3) A person who is a member of that class must, in connection with:

(a) the operation by the person of telecommunications networks

or of facilities; or

(b) the supply by the person of carriage services;

act in a way consistent with Australia’s obligations under that

convention.

(4) The Minister may, by notice published in the Gazette, declare that,

for the purposes of this section, a specified part of a specified

convention is binding in relation to the members of a specified

class of persons.

(5) A person who is a member of that class must, in connection with:

(a) the operation by the person of telecommunications networks

or of facilities; or

(b) the supply by the person of carriage services;

act in a way consistent with Australia’s obligations under that part

of the convention.

(6) In this section:

convention 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.

Authorised Version C2017C00179 registered 30/06/2017

Part 20 International aspects of activities of the telecommunications industry

Division 3 Rules of conduct about dealings with international telecommunications

operators

Section 367

278 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Rules of conduct about dealings with

international telecommunications operators

367 Rules of conduct about dealings with international

telecommunications operators

(1) For the purposes of this section, an international

telecommunications operator engages in unacceptable conduct if,

and only if:

(a) the operator uses, in a manner that is, or is likely to be,

contrary to the national interest, the operator’s power in a

market for:

(i) carriage services; or

(ii) goods or services for use in connection with the supply

of carriage services; or

(iii) the installation of, maintenance of, operation of, or

provision of access to, telecommunications networks or

facilities; or

(b) the operator uses, in a manner that is, or is likely to be,

contrary to the national interest, any legal rights or legal

status that the operator has because of foreign laws that relate

to:

(i) carriage services; or

(ii) goods or services for use in connection with the supply

of carriage services; or

(iii) the installation of, maintenance of, operation of, or

provision of access to, telecommunications networks or

facilities; or

to be, contrary to the national interest.

(2) With a view to preventing, mitigating or remedying unacceptable

conduct engaged in by international telecommunications operators,

the Minister may, by written instrument, make Rules of Conduct:

Authorised Version C2017C00179 registered 30/06/2017

International aspects of activities of the telecommunications industry Part 20

Rules of conduct about dealings with international telecommunications operators

Division 3

Section 367

Telecommunications Act 1997 279

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) prohibiting or regulating dealings by either or both of the

following:

(i) carriers;

(ii) carriage service providers;

with such operators and with other persons; or

(b) authorising the ACCC to make written determinations of a

legislative character, where the determination imposes

requirements, prohibitions or restrictions on either or both of

the following:

(i) carriers;

(ii) carriage service providers; or

(i) carriers;

(ii) carriage service providers;

written directions of an administrative character, where the

direction imposes a requirement, prohibition or restriction on

the carrier or provider, as the case requires; or

(d) requiring:

(i) carriers; and

(ii) carriage service providers;

to comply with:

(iii) a determination mentioned in paragraph (b); or

(iv) a direction mentioned in paragraph (c); or

(e) authorising the ACCC to make information available to:

(i) the public; or

(ii) a specified class of persons; or

(iii) a specified person;

if, in the opinion of the ACCC, the disclosure of the

information:

(iv) would promote the fair and efficient operation of a

market; or

(v) would otherwise be in the national interest.

Authorised Version C2017C00179 registered 30/06/2017

Part 20 International aspects of activities of the telecommunications industry

Division 3 Rules of conduct about dealings with international telecommunications

operators

Section 368

280 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Before the ACCC makes a determination, or gives a direction,

under the Rules of Conduct, the ACCC must consult the ACMA.

(4) Rules of Conduct are legislative instruments.

(5) A determination mentioned in paragraph (2)(b) is a legislative

instrument.

(6) For the purposes of this section, if a person carries on activities

outside Australia that involve:

(a) the supply of a carriage service specified in

paragraph 16(1)(b) or (c); or

(b) the supply of goods or services for use in connection with the

supply of a carriage service specified in paragraph 16(1)(b)

or (c); or

of access to:

(i) a telecommunications network; or

(ii) a facility;

where the network or facility is used to supply a carriage

service specified in paragraph 16(1)(b) or (c);

the person is an international telecommunications operator.

(7) In this section:

engaging in conduct has the same meaning as in the Competition

and Consumer Act 2010.

foreign law means a law of a place outside Australia.

international telecommunications operator has the meaning given

by subsection (6).

368 ACCC to administer Rules of Conduct

The ACCC has the general administration of the Rules of Conduct

in force under section 367.

Authorised Version C2017C00179 registered 30/06/2017

International aspects of activities of the telecommunications industry Part 20

Rules of conduct about dealings with international telecommunications operators

Division 3

Section 369

Telecommunications Act 1997 281

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

369 Rules of Conduct to bind carriers and carriage service providers

(1) This section applies to a person who is:

(a) a carrier; or

(b) a carriage service provider.

(2) The person must comply with Rules of Conduct in force under

section 367.

(3) If a provision of an agreement made by the person is inconsistent

with Rules of Conduct in force under section 367, the provision is

unenforceable (see section 370).

370 Unenforceability of agreements

(1) This section applies if an agreement, or a provision of an

agreement, is unenforceable because of section 369.

(2) A party to the agreement is not entitled, as against any other party:

(a) to enforce the agreement or provision, as the case may be,

whether directly or indirectly; or

(b) to rely on the agreement or provision, as the case may be,

whether directly or indirectly and whether by way of defence

or otherwise.

(3) A party (the first party) to the agreement is not entitled to recover

by any means (including, for example, set-off, a quasi-contractual

claim or a claim for a restitutionary remedy) any amount that

another party would have been liable to pay to the first party under

or in connection with the agreement or provision, as the case may

be, if this section had not been enacted.

371 Investigations by the ACCC

(1) This Act does not prevent the ACCC from carrying out an

investigation of a contravention of Rules of Conduct in force under

section 367.

Authorised Version C2017C00179 registered 30/06/2017

Part 20 International aspects of activities of the telecommunications industry

Division 3 Rules of conduct about dealings with international telecommunications

operators

Section 372

282 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) If the ACCC begins an investigation of a contravention of the

Rules of Conduct, the ACCC must:

(a) notify the ACMA accordingly; and

(b) consult the ACMA about any significant developments that

occur in the course of that investigation.

372 Reviews of the operation of this Division

(1) The ACCC must review, and report each financial year to the

Minister on, the operation of this Division.

(2) The ACCC must give a report under subsection (1) to the Minister

as soon as practicable after the end of the financial year concerned.

(3) The ACCC must, if directed in writing to do so by the Minister,

review, and report to the Minister on, specified matters relating to

the operation of this Division.

(4) The ACCC must give a report under subsection (3) to the Minister

before the end of the period specified in the direction.

(5) The Minister must cause a copy of a report under this section to be

laid before each House of the Parliament within 15 sitting days of

that House after receiving the report.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Simplified outline Division 1

Section 372A

Telecommunications Act 1997 283

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 20A—Deployment of optical fibre etc.

Division 1—Simplified outline

372A Simplified outline

The following is a simplified outline of this Part:

• If a real estate development project is specified in a legislative

instrument made by the Minister, a person must not install a

line in the project area unless the line is an optical fibre line.

• A person must not install a fixed-line facility in the project

area for a real estate development project unless the facility is

a fibre-ready facility.

• The rule about the installation of a fixed-line facility does not

apply if NBN Co has issued a statement to the effect that

neither it nor any other NBN corporation has installed, is

installing, or proposes to install, optical fibre lines in the

project area.

• If the developer of a real estate development project is a

constitutional corporation, the developer must not, in the

course of carrying out the project, sell or lease a building lot

or building unit unless a fibre-ready facility is installed in

proximity to the lot or unit.

• The rule about selling or leasing a building lot or building unit

does not apply if NBN Co has issued a statement to the effect

that neither it nor any other NBN corporation has installed, is

installing, or proposes to install, optical fibre lines in the

project area.

• These rules are subject to any exemptions specified in a

legislative instrument made by the Minister.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 1 Simplified outline

Section 372A

284 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• A third party access regime applies to fixed-line facilities

owned or operated by a person other than a carrier.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Deployment of optical fibre lines Division 2

Section 372B

Telecommunications Act 1997 285

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Deployment of optical fibre lines

372B Deployment of optical fibre lines to building lots

Scope

(1) This section applies to the installation of a line in the project area,

or any of the project areas, for a real estate development project if:

(a) the project involves the subdivision of one or more areas of

land into building lots; and

(b) the project is specified in, or ascertained in accordance with,

a legislative instrument made by the Minister; and

for use, to supply one or more carriage services to either or

both of the following:

(i) one or more end-users in one or more building units;

(ii) one or more prospective end-users in one or more

building units; and

(d) those building units have been, are being, are to be, or may

be, constructed on any of those building lots; and

(e) the line is not on the customer side of the boundary of a

telecommunications network; and

(f) the line is used, or for use, to supply a carriage service to the

public; and

(g) the installation occurs after the commencement of this

section.

Note 1: For real estate development project, see section 372Q.

Note 2: For subdivision of an area of land, see section 372R.

Note 3: For building lot, see section 372Q.

Note 4: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Note 5: For building unit, see section 372S.

Note 6: For boundary of a telecommunications network, see section 22.

Note 7: For supply to the public, see section 372ZA.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 2 Deployment of optical fibre lines

Section 372B

286 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 8: For exemption of certain projects, see section 372P.

Requirement

(2) A person must not install a line in the project area, or any of the

project areas, for a real estate development project, unless:

(a) the line is an optical fibre line; and

(b) the conditions (if any) specified in an instrument under

subsection (4) are satisfied.

Note: For exemptions, see section 372D.

Ancillary provisions

(3) For the purposes of paragraph (1)(c), it is immaterial whether the

end-users or prospective end-users are capable of being identified.

Conditions

(4) The Minister may, by legislative instrument, specify conditions for

the purposes of paragraph (2)(b).

Functions and powers

(5) An instrument under paragraph (1)(b) may confer functions or

powers on the ACMA.

Ancillary contraventions

(6) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Deployment of optical fibre lines Division 2

Section 372C

Telecommunications Act 1997 287

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Civil penalty provisions

(7) Subsections (2) and (6) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

372C Deployment of optical fibre lines to building units

Scope

(1) This section applies to the installation of a line in the project area,

or any of the project areas, for a real estate development project if:

(a) the project involves the construction of one or more building

units on one or more areas of land; and

(b) the project is specified in, or ascertained in accordance with,

a legislative instrument made by the Minister; and

for use, to supply one or more carriage services to either or

both of the following:

(i) one or more end-users in those building units;

(ii) one or more prospective end-users in those building

units; and

(d) the line is not on the customer side of the boundary of a

telecommunications network; and

(e) the line is used, or for use, to supply a carriage service to the

public; and

(f) the installation occurs after the commencement of this

section.

Note 1: For real estate development project, see section 372Q.

Note 2: For building unit, see section 372S.

Note 3: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Note 4: For boundary of a telecommunications network, see section 22.

Note 5: For supply to the public, see section 372ZA.

Note 6: For exemption of certain projects, see section 372P.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 2 Deployment of optical fibre lines

Section 372C

288 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Requirement

(2) A person must not install a line in the project area, or any of the

project areas, for a real estate development project, unless:

(a) the line is an optical fibre line; and

(b) the conditions (if any) specified in an instrument under

subsection (4) are satisfied.

Note: For exemptions, see section 372D.

Ancillary provisions

(3) For the purposes of paragraph (1)(c), it is immaterial whether the

end-users or prospective end-users are capable of being identified.

Conditions

(4) The Minister may, by legislative instrument, specify conditions for

the purposes of paragraph (2)(b).

Functions and powers

(5) An instrument under paragraph (1)(b) may confer functions or

powers on the ACMA.

Ancillary contraventions

(6) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Civil penalty provisions

(7) Subsections (2) and (6) are civil penalty provisions.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Deployment of optical fibre lines Division 2

Section 372D

Telecommunications Act 1997 289

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

372D Exemptions—Ministerial instrument

(1) The Minister may, by legislative instrument, exempt:

(a) conduct specified in the instrument; or

(b) conduct ascertained in accordance with the instrument;

from the scope of either or both of the following provisions:

(d) subsection 372C(2).

(2) An exemption under subsection (1) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

(3) An instrument under subsection (1) may confer functions or

powers on the ACMA.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 3 Installation of fibre-ready facilities

Section 372E

290 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Installation of fibre-ready facilities

Subdivision A—Installation obligations

372E Installation of fibre-ready facilities—building lots

Scope

(1) This section applies to the installation of a fixed-line facility in the

project area, or any of the project areas, for a real estate

development project if:

(a) the project involves the subdivision of one or more areas of

land into building lots; and

(b) the installation occurs after the commencement of this

section; and

supplied to those lots.

Note 1: For fixed-line facility, see section 372V.

Note 2: For real estate development project, see section 372Q.

Note 3: For subdivision of an area of land, see section 372R.

Note 4: For building lot, see section 372Q.

Note 5: For supply of sewerage services, electricity or water, see

section 372Z.

Note 6: For exemptions, see section 372K.

Note 7: For exemption of certain projects, see section 372P.

Requirement

(2) A person must not install a fixed-line facility in the project area, or

any of the project areas, for a real estate development project,

unless:

(a) the facility is a fibre-ready facility; and

(b) the conditions (if any) specified in an instrument under

subsection (4) are satisfied.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Installation of fibre-ready facilities Division 3

Section 372F

Telecommunications Act 1997 291

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 1: For fibre-ready facility, see section 372W.

Note 2: For exemptions, see section 372K.

(3) Subsection (2) does not apply if NBN Co has issued a statement

under section 372J to the effect that neither it nor any other NBN

corporation has installed, is installing, or proposes to install, optical

fibre lines in the project area, or any of the project areas, for the

project.

(4) The Minister may, by legislative instrument, specify conditions for

the purposes of paragraph (2)(b).

Ancillary contraventions

(5) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Civil penalty provisions

(6) Subsections (2) and (5) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

372F Installation of fibre-ready facilities—building units

Scope

(1) This section applies to the installation of a fixed-line facility in the

project area, or any of the project areas, for a real estate

development project if:

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 3 Installation of fibre-ready facilities

Section 372F

292 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the project involves the construction of one or more building

units on one or more areas of land; and

(b) the installation occurs after the commencement of this

section; and

supplied to those units.

Note 1: For fixed-line facility, see section 372V.

Note 2: For real estate development project, see section 372Q.

Note 3: For building unit, see section 372S.

Note 4: For supply of sewerage services, electricity or water, see

section 372Z.

Note 5: For exemptions, see section 372K.

Note 6: For exemption of certain projects, see section 372P.

Requirement

(2) A person must not install a fixed-line facility in the project area, or

any of the project areas, for a real estate development project,

unless:

(a) the facility is a fibre-ready facility; and

(b) the conditions (if any) specified in an instrument under

subsection (4) are satisfied.

Note 1: For fibre-ready facility, see section 372W.

Note 2: For exemptions, see section 372K.

(3) Subsection (2) does not apply if NBN Co has issued a statement

under section 372J to the effect that neither it nor any other NBN

corporation has installed, is installing, or proposes to install, optical

fibre lines in the project area, or any of the project areas, for the

project.

(4) The Minister may, by legislative instrument, specify conditions for

the purposes of paragraph (2)(b).

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Installation of fibre-ready facilities Division 3

Section 372G

Telecommunications Act 1997 293

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Ancillary contraventions

(5) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Civil penalty provisions

(6) Subsections (2) and (5) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Subdivision B—Sale of building lots and building units

372G Sale of building lots and building units—subdivisions

Scope

(1) This section applies if:

(a) a real estate development project involves the subdivision of

one or more areas of land into building lots; and

(b) the project involves either or both of the following:

(i) the making available of one or more of those lots for

sale or lease, where it would be reasonable to expect

that one or more building units would be subsequently

constructed on the lots;

(ii) the construction of one or more building units on any of

the lots and the making available of any of those

building units for sale or lease; and

or water is, are, or will be, supplied to those lots; and

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 3 Installation of fibre-ready facilities

Section 372G

294 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) is subparagraph (b)(ii) applies—sewerage services, electricity

or water is, are, or will be, supplied to those units.

Note 1: For subdivision of an area of land, see section 372R.

Note 2: For building lot, see section 372Q.

Note 3: For building unit, see section 372S.

Note 4: For sale of building lots, see section 372T.

Note 5: For sale of building units, see section 372U.

Note 6: For supply of sewerage services, electricity or water, see

section 372Z.

Note 7: For exemptions, see section 372K.

Note 8: For exemption of certain projects, see section 372P.

Requirements—building lots

(2) If subparagraph (1)(b)(i) applies to a building lot, a constitutional

corporation must not, in the course of carrying out, or carrying out

an element of, the project, sell or lease the lot unless a fibre-ready

facility is installed in proximity to the lot.

Note 1: For fibre-ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

(3) Subsection (2) does not apply if NBN Co has issued a statement

under section 372J to the effect that neither it nor any other NBN

corporation has installed, is installing, or proposes to install, optical

fibre lines in the project area, or any of the project areas, for the

project.

Requirements—building units

(4) If subparagraph (1)(b)(ii) applies to a building unit, a constitutional

corporation must not, in the course of carrying out, or carrying out

an element of, the project, sell or lease the unit unless a fibre-ready

facility is installed in proximity to the unit.

Note 1: For fibre-ready facility, see section 372W.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Installation of fibre-ready facilities Division 3

Section 372H

Telecommunications Act 1997 295

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

(5) Subsection (4) does not apply if NBN Co has issued a statement

under section 372J to the effect that neither it nor any other NBN

corporation has installed, is installing, or proposes to install, optical

fibre lines in the project area, or any of the project areas, for the

project.

Ancillary contraventions

(6) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2) or (4); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2) or (4); or

or party to, a contravention of subsection (2) or (4); or

(d) conspire with others to effect a contravention of

subsection (2) or (4).

Civil penalty provisions

(7) Subsections (2), (4) and (6) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Validity of transactions

(8) A contravention of subsection (2) or (4) does not affect the validity

of any transaction.

372H Sale of building units—other projects

Scope

(1) This section applies if:

(a) a real estate development project involves:

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 3 Installation of fibre-ready facilities

Section 372H

296 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the construction of one or more building units on one or

more areas of land; and

(ii) the making available of any or all of those building units

for sale or lease; and

(b) sewerage services, electricity or water is, are, or will be,

supplied to those units.

Note 1: For building unit, see section 372S.

Note 2: For sale of building units, see section 372U.

Note 3: For supply of sewerage services, electricity or water, see

section 372Z.

Note 4: For exemptions, see section 372K.

Note 5: For exemption of certain projects, see section 372P.

Requirements

(2) A constitutional corporation must not, in the course of carrying out,

or carrying out an element of, the project, sell or lease such a

building unit unless a fibre-ready facility is installed in proximity

to the unit.

Note 1: For fibre-ready facility, see section 372W.

Note 2: For proximity, see section 372Y.

Note 3: For exemptions, see section 372K.

(3) Subsection (2) does not apply if NBN Co has issued a statement

under section 372J to the effect that neither it nor any other NBN

corporation has installed, is installing, or proposes to install, optical

fibre lines in the project area, or any of the project areas, for the

project.

Ancillary contraventions

(4) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Installation of fibre-ready facilities Division 3

Section 372J

Telecommunications Act 1997 297

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Civil penalty provisions

(5) Subsections (2) and (4) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Validity of transactions

(6) A contravention of subsection (2) does not affect the validity of

any transaction.

Subdivision C—NBN Co may issue statement about the

non-installation of optical fibre lines

372J NBN Co may issue statement about the non-installation of

optical fibre lines

(1) NBN Co may issue a written statement to the effect that neither it

nor any other NBN corporation has installed, is installing, or

proposes to install, optical fibre lines in the project area, or any of

the project areas, for a specified real estate development project.

(2) NBN Co may exercise the power conferred by subsection (1):

(a) at the request of a person; or

(b) on NBN Co’s own initiative.

(3) A statement issued under subsection (1) is not a legislative

instrument.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 3 Installation of fibre-ready facilities

Section 372JA

298 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

372JA Register of Statements about the Non-installation of Optical

Fibre Lines

(1) NBN Co must keep a register, to be known as the Register of

Statements about the Non-installation of Optical Fibre Lines, that

sets out each statement issued under subsection 372J(1).

(2) The register is to be maintained by electronic means.

(3) The register is to be made available for inspection on NBN Co’s

website.

Subdivision D—Exemptions

372K Exemptions—Ministerial instrument

Real estate development projects

(1) The Minister may, by legislative instrument, exempt:

(a) a real estate development project specified in the instrument;

(b) a real estate development project ascertained in accordance

with the instrument;

from the scope of any or all of the following provisions:

(d) section 372F;

(e) section 372G;

(f) section 372H.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) An exemption under subsection (1) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

Installations

(3) The Minister may, by legislative instrument, exempt:

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Installation of fibre-ready facilities Division 3

Section 372K

Telecommunications Act 1997 299

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) conduct specified in the instrument; or

(b) conduct ascertained in accordance with the instrument;

from the scope of either or both of the following provisions:

(d) subsection 372F(2).

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(4) An exemption under subsection (3) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

Building lots

(5) The Minister may, by legislative instrument, exempt:

(a) a building lot specified in the instrument; or

(b) a building lot ascertained in accordance with the instrument;

from the scope of subsection 372G(2).

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(6) An exemption under subsection (5) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

Building units

(7) The Minister may, by legislative instrument, exempt:

(a) a building unit specified in the instrument; or

(b) a building unit ascertained in accordance with the instrument;

from the scope of either or both of the following provisions:

(d) subsection 372H(2).

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 3 Installation of fibre-ready facilities

Section 372K

300 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(8) An exemption under subsection (7) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

Functions and powers

(9) An instrument under subsection (1), (3), (5) or (7) may confer

functions or powers on the ACMA.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Third party access regime Division 4

Section 372L

Telecommunications Act 1997 301

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Third party access regime

372L Third party access regime

Scope

(1) This section applies to a fixed-line facility installed in Australia if:

(a) the installation occurs after the commencement of this

section; and

(b) the facility is owned or operated by a person other than a

carrier.

Note 1: For fixed-line facility, see section 372V.

Note 2: For exemptions, see section 372N.

Access to facility

(2) The owner or operator of the facility must, if requested to do so by

a carrier, give the carrier access to the facility.

(3) The owner or operator of the facility is not required to comply with

subsection (2) unless:

(a) the access is provided for the sole purpose of enabling the

carrier:

(i) to provide facilities and carriage services; or

(ii) to establish its own facilities; and

(b) the carrier gives the owner or operator of the facility

reasonable notice that the carrier requires the access.

(4) The owner or operator of the facility is not required to comply with

subsection (2) in relation to the facility if there is in force a written

certificate issued by the ACCC stating that, in the ACCC’s

opinion, compliance with subsection (2) in relation to the facility is

not technically feasible.

(5) In determining whether compliance with subsection (2) in relation

to a facility is technically feasible, the ACCC must have regard to:

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 4 Third party access regime

Section 372L

302 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(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 facility; and

paragraph (a) or (b)—whether there are practicable means of

avoiding such a result, including (but not limited to):

(i) changing the configuration or operating parameters of

the facility; and

(ii) making alterations to the facility; and

(d) such other matters (if any) as the ACCC considers relevant.

(6) Before issuing a certificate under subsection (4), the ACCC may

consult the ACMA.

(7) If the ACCC receives a request to make a decision about the issue

of a certificate under subsection (4), the ACCC must use its best

endeavours to make that decision within 10 business days after the

request was made.

(8) Subsection (2) does not impose an obligation to the extent (if any)

to which the imposition of the obligation would have the effect of

depriving any person of a right under a contract that was in force at

the time the request was made.

Ancillary contraventions

(9) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Third party access regime Division 4

Section 372M

Telecommunications Act 1997 303

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Civil penalty provisions

(10) Subsections (2) and (9) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

372M Terms and conditions of access

(1) The owner or operator of a fixed-line facility must comply with

subsection 372L(2) on such terms and conditions as are:

(a) agreed between the following parties:

(i) the owner or operator of the facility;

(ii) the carrier who made the request under that subsection;

(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 regulations may make provision for and in relation to the

conduct of an arbitration under this section.

(3) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this section, 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) Subsection (3) does not, by implication, limit subsection (2).

(5) If:

(a) an agreement mentioned in paragraph (1)(a) is in force; and

(b) the agreement is in writing;

a determination under this section has no effect to the extent to

which it is inconsistent with the agreement.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 4 Third party access regime

Section 372N

304 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

372N Exemptions—Ministerial instrument

(1) The Minister may, by legislative instrument, exempt:

(a) a fixed-line facility specified in the instrument; or

(b) a fixed-line facility ascertained in accordance with the

instrument;

from the scope of section 372L.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(2) An exemption under subsection (1) may be unconditional or

subject to such conditions (if any) as are specified in the

exemption.

(3) An instrument under subsection (1) may confer functions or

powers on the ACCC.

(4) The ACCC may, by writing, delegate any or all of the functions or

powers conferred on it by an instrument under subsection (1) to a

member of the Commission (within the meaning of the

Competition and Consumer Act 2010).

372NA 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 Division.

(2) The owner or operator of a fixed-line facility must comply with the

Code.

(3) This section does not, by implication, limit a power conferred by or

under this Act to make an instrument.

(4) This section does not, by implication, limit the matters that may be

dealt with by codes or standards referred to in Part 6.

(5) Subsections (3) and (4) do not, by implication, limit

subsection 33(3B) of the Acts Interpretation Act 1901.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Third party access regime Division 4

Section 372NA

Telecommunications Act 1997 305

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Ancillary contraventions

(6) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (2); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (2); or

or party to, a contravention of subsection (2); or

(d) conspire with others to effect a contravention of

subsection (2).

Civil penalty provisions

(7) Subsections (2) and (6) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 5 Exemption of certain projects

Section 372P

306 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Exemption of certain projects

372P Exemption of certain projects

(1) A real estate development project is exempt from the scope of

Division 2 if, before the commencement of this section, a person

who carries out, or carries out an element of, the project:

(a) began to install lines in the project area, or any of the project

areas, for the project; or

(b) entered into a contract with another person for the installation

of lines in the project area, or any of the project areas, for the

project.

(2) A real estate development project is exempt from the scope of

Division 3 if, before the commencement of this section, a person

who carries out, or carries out an element of, the project:

(a) began to install fixed-line facilities in the project area, or any

of the project areas, for the project; or

(b) entered into a contract with another person for the installation

of fixed-line facilities in the project area, or any of the project

areas, for the project.

(3) A real estate development project is exempt from the scope of

Division 3 if, before the commencement of this section:

(a) civil works associated with the project began to be carried

out; or

(b) a person who carries out, or carries out an element of, the

project entered into a contract with another person for the

carrying out of civil works associated with the project.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Miscellaneous Division 6

Section 372Q

Telecommunications Act 1997 307

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Miscellaneous

372Q Real estate development projects etc.

Subdivisions

(1) For the purposes of this Act, a project is a real estate development

project if:

(a) the project involves the subdivision of one or more areas of

land in Australia into lots (however described); and

(b) the project involves either or both of the following:

(i) the making available of one or more of those lots for

sale or lease, where it would be reasonable to expect

that one or more building units would be subsequently

constructed on the lots;

(ii) the construction of one or more building units on any of

the lots and the making available of any of those

building units for sale or lease; and

subsection (4) are satisfied.

Note 1: For subdivision of an area of land, see section 372R.

Note 2: For sale of building lots, see section 372T.

Note 3: For building unit, see section 372S.

Note 4: For sale of building units, see section 372U.

(2) For the purposes of this Act, an area of land mentioned in

subsection (1) is a project area for the real estate development

project.

(3) For the purposes of this Act, a lot mentioned in subsection (1) is a

building lot.

(4) The Minister may, by legislative instrument, specify conditions for

the purposes of paragraph (1)(c).

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 6 Miscellaneous

Section 372Q

308 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Building units

(5) For the purposes of this Act, a project is a real estate development

project if:

(a) the project involves:

(i) the construction of one or more building units on one or

more areas of land in Australia; and

(ii) the making available of any or all of those building units

for sale or lease; and

(b) the conditions (if any) specified in an instrument under

subsection (7) are satisfied.

Note 1: For building unit, see section 372S.

Note 2: For sale of building units, see section 372U.

(6) For the purposes of this Act, an area of land mentioned in

subsection (5) is a project area for the real estate development

project.

(7) The Minister may, by legislative instrument, specify conditions for

the purposes of paragraph (5)(b).

Application

(8) For the purposes of subsections (1) and (5), it is immaterial

whether:

(a) the project has been, is being, or will be, implemented in

stages; or

(b) different elements of the project have been, are being, or will

be, carried out by different persons; or

required, under a law of the Commonwealth, a State or

Territory, for the project, or any element of the project; or

(d) in a case where the project relates to 2 or more areas of

land—those areas of land are under common ownership.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Miscellaneous Division 6

Section 372R

Telecommunications Act 1997 309

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

372R Subdivision of an area of land

For the purposes of this Act, if an area of land has been subdivided

into lots (however described) it is immaterial whether, after the

subdivision, a part of the area of land (for example, a road) is not

included in any of those lots.

372S Building units

Scope

(1) This section applies to a building that has been, is being, or is to

be, constructed.

Building units

(2) For the purposes of this Act, if the whole of the building is, or is to

be, for single occupation or use, the building is a building unit.

(3) For the purposes of this Act, if the whole or a part of the building

is, or is to be, held as a unit under a strata title system (or a similar

system) established under a law of a State or Territory, the whole

or the part, as the case may be, of the building is a building unit.

(4) For the purposes of this Act, if a part of the building is, or is to be,

for separate lease, that part of the building is a building unit.

372T Sale of building lots

For the purposes of this Act, a person sells a building lot if:

(a) in a case where the person holds a freehold interest in the

land concerned—the person transfers the whole or a part of

the freehold interest in the land; or

(b) in a case where the person holds a leasehold interest in the

land concerned—the person transfers the whole or a part of

the leasehold interest in the land.

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 6 Miscellaneous

Section 372U

310 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

372U Sale of building units

For the purposes of this Act, a person sells a building unit if:

(a) in a case where:

(i) the building unit is covered by subsection 372S(2), but

is not covered by subsection 372S(3); and

(ii) the person holds a freehold interest in the land on which

the building unit is situated;

the person transfers the whole or a part of the freehold

interest; or

(b) in a case where:

(i) the building unit is covered by subsection 372S(2), but

is not covered by subsection 372S(3); and

(ii) the person holds a leasehold interest in the land on

which the building unit is situated;

the person transfers the whole or a part of the leasehold

interest; or

(i) the building unit is covered by subsection 372S(3); and

(ii) the person holds an interest in the unit;

the person transfers the whole or a part of the interest in the

unit.

372V Fixed-line facilities

For the purposes of this Act, a fixed-line facility is a facility (other

than a line) used, or for use, in connection with a line, where the

line:

(a) is not on the customer side of the boundary of a

telecommunications network; and

(b) is used, or for use, to supply a carriage service to the public.

Note 1: For boundary of a telecommunications network, see section 22.

Note 2: For supply to the public, see section 372ZA.

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Miscellaneous Division 6

Section 372W

Telecommunications Act 1997 311

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

372W Fibre-ready facility

For the purposes of this Act, each of the following is a fibre-ready

facility:

(a) an underground fixed-line facility that:

(i) is used, or for use, in connection with an optical fibre

line; and

(ii) satisfies such conditions (if any) as are specified in a

legislative instrument made by the Minister;

(b) a fixed-line facility that:

(i) is used, or for use, in connection with an optical fibre

line; and

(ii) is specified in a legislative instrument made by the

Minister; and

(iii) satisfies such conditions (if any) as are specified in a

legislative instrument made by the Minister.

372X Installation of a facility

For the purposes of this Part, install, in relation to a facility,

includes:

(a) construct the facility on, over or under any land; and

(b) attach the facility to any building or other structure.

372Y Installation of a fibre-ready facility in proximity to a building

lot or building unit

Building lot

(1) For the purposes of this Part, a fibre-ready facility used, or for use,

in connection with a line is installed in proximity to a building lot

if, and only if, it is installed:

(a) in, on or under the lot, so as to enable the line to be readily

connected to a building unit that has been, is being, is to be,

or may be, constructed on the lot; or

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 6 Miscellaneous

Section 372Z

312 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) in sufficient proximity to the lot as to enable the line to be

readily connected to a building unit that has been, is being, is

to be, or may be, constructed on the lot.

Building unit

(2) For the purposes of this Part, a fibre-ready facility used, or for use,

in connection with a line is installed in proximity to a building unit

if, and only if, it is installed in sufficient proximity to the building

unit as to enable the line to be readily connected to the building

unit.

372Z Sewerage services, electricity or water supplied to a building

lot or building unit

Sewerage services

(1) For the purposes of this Part, sewerage services are supplied to a

building lot if, and only if:

(a) a sewerage pipeline is installed:

(i) under the lot; or

(ii) in sufficient proximity to the lot as to enable sewerage

services to be readily connected to a building unit that

has been, is being, is to be, or may be, constructed on

the lot; and

(b) the pipeline is part of a public sewerage system.

(2) For the purposes of this Part, sewerage services are supplied to a

building unit if, and only if:

(a) a sewerage pipeline is installed in sufficient proximity to the

building unit as to enable sewerage services to be readily

connected to the building unit; and

(b) the pipeline is part of a public sewerage system.

Electricity

(3) For the purposes of this Part, electricity is supplied to a building lot

if, and only if:

Authorised Version C2017C00179 registered 30/06/2017

Deployment of optical fibre etc. Part 20A

Miscellaneous Division 6

Section 372ZA

Telecommunications Act 1997 313

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) an electricity cable is installed:

(i) over or under the lot; or

(ii) in sufficient proximity to the lot as to enable electricity

to be readily connected to a building unit that has been,

is being, is to be, or may be, constructed on the lot; and

(b) the cable is part of an electricity supply grid.

(4) For the purposes of this Part, electricity is supplied to a building

unit if, and only if:

(a) an electricity cable is installed in sufficient proximity to the

building unit as to enable electricity to be readily connected

to the building unit; and

(b) the cable is part of an electricity supply grid.

Water

(5) For the purposes of this Part, water is supplied to a building lot if,

and only if:

(a) a water pipeline is installed:

(i) under the lot; or

(ii) in sufficient proximity to the lot as to enable water to be

readily connected to a building unit that has been, is

being, is to be, or may be, constructed on the lot; and

(b) the pipeline is part of a reticulated water supply system.

(6) For the purposes of this Part, water is supplied to a building unit if,

and only if:

(a) a water pipeline is installed in sufficient proximity to the

building unit as to enable water to be readily connected to the

building unit; and

(b) the pipeline is part of a reticulated water supply system.

372ZA Supply to the public

(1) For the purposes of this Part, if:

(a) a line consists of, or forms part of, a network unit; and

Authorised Version C2017C00179 registered 30/06/2017

Part 20A Deployment of optical fibre etc.

Division 6 Miscellaneous

Section 372ZB

314 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) under section 44, the network unit is taken, for the purposes

of section 42, to be used to supply a carriage service to the

public;

the line is taken to be used, or for use, to supply a carriage service

to the public.

(2) For the purposes of this Part, if:

(a) a line neither consists of, nor forms part of, a network unit;

and

(b) assuming that the line were a network unit, then, under

section 44, the network unit would be taken, for the purposes

of section 42, to be used to supply a carriage service to the

public;

the line is taken to be used, or for use, to supply a carriage service

to the public.

372ZB Concurrent operation of State and Territory laws

This Part is not intended to exclude or limit the operation of a law

of a State or Territory that is capable of operating concurrently

with this Part.

372ZD NBN Co

In this Part:

NBN Co means NBN Co Limited (ACN 136 533 741), as the

company exists from time to time (even if its name is later

changed).

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Simplified outline Division 1

Section 373

Telecommunications Act 1997 315

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 21—Technical regulation

Division 1—Simplified outline

373 Simplified outline

The following is a simplified outline of this Part:

• The ACMA may make the following types of standards:

(a) technical standards about customer equipment and

customer cabling;

(b) standards relating to the features of customer

equipment that are designed to cater for the special

needs of persons with disabilities;

facilities;

(d) technical standards relating to Layer 2 bitstream

services.

• The ACMA may require customer equipment and customer

cabling to be labelled so as to indicate compliance with

standards.

• The ACMA may issue connection permits, and make

connection rules, authorising the connection of customer

equipment and customer cabling that does not comply with

the labelling requirements.

• A label may include a compliance symbol. The unauthorised

use of compliance symbols is prohibited.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 1 Simplified outline

Section 373

316 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• The ACMA may grant cabling licences, and make cabling

provider rules, authorising the performance of cabling work.

• Civil actions may be instituted for unlawful or dangerous

connections of customer equipment or customer cabling.

• Dangerous equipment and cabling may be disconnected from

networks.

• The ACMA may prohibit the supply or possession of

dangerous equipment or cabling.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Interpretative provisions Division 2

Section 374

Telecommunications Act 1997 317

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Interpretative provisions

374 Part applies to networks or facilities in Australia operated by

carriers or carriage service providers

(1) A reference in this Part to a telecommunications network is a

reference to a telecommunications network in Australia that is

operated by a carrier or carriage service provider.

(2) A reference in this Part to a facility is a reference to a facility in

Australia that is operated by a carrier or carriage service provider.

375 Manager of network or facility

For the purposes of this Part, the manager of:

(a) a telecommunications network; or

(b) a facility of a telecommunications network;

is the carrier, or carriage service provider, who operates the

network or facility, as the case may be.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 3 Technical standards about customer equipment and customer cabling

Section 376

318 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Technical standards about customer

equipment and customer cabling

376 ACMA’s power to make technical standards

(1) The ACMA may, by legislative instrument, make a technical

standard relating to specified customer equipment or specified

customer cabling.

(2) Standards under this section are to consist only of such

requirements as are necessary or convenient for:

(a) protecting the integrity of a telecommunications network or a

facility; or

(b) protecting the health or safety of persons who:

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

(iv) are otherwise reasonably likely to be affected by the

operation of;

a telecommunications network or a facility; or

to an emergency call service; or

(d) ensuring, for the purpose of the supply of a standard

telephone service, the interoperability of customer equipment

with a telecommunications network to which the equipment

is, or is proposed to be, connected; or

(da) ensuring, for the purpose of the supply of a carriage service

using:

(i) the national broadband network; or

(ii) any other superfast telecommunications network;

the interoperability of customer equipment with such a

network; or

(db) ensuring that customer equipment or customer cabling that is,

or is proposed to be, connected to:

(i) the national broadband network; or

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Technical standards about customer equipment and customer cabling Division 3

Section 376

Telecommunications Act 1997 319

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) any other superfast telecommunications network;

meets particular performance requirements; or

(dc) ensuring that customer equipment or customer cabling that is,

or is proposed to be, connected to:

(i) the national broadband network; or

(ii) any other superfast telecommunications network;

has particular design features; or

(e) achieving an objective specified in the regulations.

(3) Regulations made for the purposes of paragraph (2)(e) must not

specify an objective if the achievement of the objective is likely to

have the effect (whether direct or indirect) of requiring a

telecommunications network or a facility to:

(a) have particular design features; or

(b) meet particular performance requirements.

(4) A standard under this section may be of general application or may

be limited as provided in the standard. This subsection does not, by

implication, limit subsection 33(3A) of the Acts Interpretation Act

1901.

(7) In this section:

national broadband network has the same meaning as in

section 577BA.

superfast carriage service means a carriage service, where:

(a) the carriage service enables end-users to download

communications; and

(b) the download transmission speed of the carriage service is

normally more than 25 megabits per second; and

occupied or used by an end-user.

superfast telecommunications network means a

telecommunications network that is capable of being used to

supply a superfast carriage service.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 3 Technical standards about customer equipment and customer cabling

Section 376A

320 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

376A ACMA must make technical standards if directed by the

Minister

(1) The Minister may, by legislative instrument, direct the ACMA to:

(a) make a technical standard under section 376 that deals with

one or more specified matters; and

(b) do so within a specified period.

(2) The Minister must not give the ACMA a direction under section 14

of the Australian Communications and Media Authority Act 2005

requiring the ACMA to make a technical standard under

section 376 of this Act that deals with one or more specified

matters.

377 Adoption of voluntary standards

(1) In making a technical standard under section 376, the ACMA may

apply, adopt or incorporate (with or without modification) any

matter contained in a standard proposed or approved by:

(a) Standards Australia; or

(b) any other body or association;

either:

(d) as in force or existing from time to time.

(2) Subsection (1) does not, by implication, limit section 589.

378 Procedures for making technical standards

(1) Before making a technical standard under section 376, the ACMA

must, so far as is practicable, try to ensure that:

(a) interested persons have had an adequate opportunity to make

representations about the proposed standard (either directly,

or indirectly by means of a report under paragraph (2)(g));

and

(b) due consideration has been given to any representation so

made.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Technical standards about customer equipment and customer cabling Division 3

Section 379

Telecommunications Act 1997 321

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: This subsection has effect subject to section 379 (which deals with the

ACMA’s power to make standards in cases of urgency).

(2) The ACMA may make an arrangement with any of the following

bodies or associations:

(a) Standards Australia;

(b) a body or association approved in writing by Standards

Australia for the purposes of this subsection;

made by the ACMA for the purposes of this subsection;

under which the body or association:

(d) prepares a draft of a standard; and

(e) publishes the draft standard; and

(f) undertakes a process of public consultation on the draft

standard; and

(g) reports to the ACMA on the results of that process of public

consultation.

(3) A copy of an approval under paragraph (2)(b) is to be published in

the Gazette.

(4) A copy of a determination under paragraph (2)(c) is to be

published in the Gazette.

(5) For the purposes of subsection (1), interested persons are taken not

to have had an adequate opportunity to make representations unless

there was a period of at least 60 days during which the

representations could be made.

379 Making technical standards in cases of urgency

(1) The ACMA is not required to comply with subsection 378(1) in

relation to the making of a particular technical standard if the

ACMA is satisfied that it is necessary to make the standard as a

matter of urgency in order to:

(a) protect the integrity of a telecommunications network or of a

facility; or

(b) protect the health or safety of persons who:

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 3 Technical standards about customer equipment and customer cabling

Section 379

322 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

(iv) are otherwise reasonably likely to be affected by the

operation of;

a telecommunications network or a facility.

(2) If subsection (1) applies to a standard (the urgent standard), the

urgent standard ceases to have effect 12 months after it came into

operation. However, this rule does not prevent the ACMA from

revoking the urgent standard and making another standard under

section 376 that:

(a) is not a standard to which subsection (1) applies; and

(b) deals with the same subject matter as the urgent standard.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Disability standards Division 4

Section 380

Telecommunications Act 1997 323

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Disability standards

380 Disability standards

(1) The ACMA may, by legislative instrument, make a standard

relating to specified customer equipment if:

(a) the customer equipment is for use in connection with the

standard telephone service; and

(b) the customer equipment is for use primarily by persons who

do not have a disability; and

designed to cater for any or all of the special needs of persons

with disabilities.

(2) The following are examples of features mentioned in

paragraph (1)(c):

(a) an induction loop that is designed to assist in the operation of

a hearing aid;

(b) a raised dot on the button labelled “5” on a telephone.

(3) A standard under this section may be of general application or may

be limited as provided in the standard. This subsection does not, by

implication, limit subsection 33(3A) of the Acts Interpretation Act

1901.

(6) In this section:

disability has the same meaning as in the Disability Discrimination

Act 1992.

381 Adoption of voluntary standards

(1) In making a standard under section 380, the ACMA may apply,

adopt or incorporate (with or without modification) any matter

contained in a standard proposed or approved by:

(a) Standards Australia; or

(b) any other body or association;

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 4 Disability standards

Section 382

324 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

either:

(d) as in force or existing from time to time.

(2) Subsection (1) does not, by implication, limit section 589.

382 Procedures for making disability standards

(1) Before making a standard under section 380, the ACMA must, so

far as is practicable, try to ensure that:

(a) interested persons have had an adequate opportunity to make

representations about the proposed standard (either directly,

or indirectly by means of a report under paragraph (2)(g));

and

(b) due consideration has been given to any representation so

made.

(2) The ACMA may make an arrangement with any of the following

bodies or associations:

(a) Standards Australia;

(b) a body or association approved in writing by Standards

Australia for the purposes of this subsection;

made by the ACMA for the purposes of this subsection;

under which the body or association:

(d) prepares a draft of a standard; and

(e) publishes the draft standard; and

(f) undertakes a process of public consultation on the draft

standard; and

(g) reports to the ACMA on the results of that process of public

consultation.

(3) A copy of an approval under paragraph (2)(b) is to be published in

the Gazette.

(4) A copy of a determination under paragraph (2)(c) is to be

published in the Gazette.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Disability standards Division 4

Section 383

Telecommunications Act 1997 325

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) For the purposes of subsection (1), interested persons are taken not

to have had an adequate opportunity to make representations unless

there was a period of at least 60 days during which the

representations could be made.

383 Effect of compliance with disability standards

(1) In determining whether a person has infringed section 24 of the

Disability Discrimination Act 1992 in relation to the supply or

provision of customer equipment, regard must be had to whether

the customer equipment complies with a standard in force under

section 380.

(2) Subsection (1) does not, by implication, limit the matters to which

regard may be had.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 5 Technical standards about the interconnection of facilities

Section 384

326 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Technical standards about the interconnection

of facilities

384 ACMA’s power to make technical standards

(1) The ACMA may, by legislative instrument, make a technical

standard relating to the interconnection of facilities.

Note: For enforcement of the standards, see sections 152AR and 152AXB of

the Competition and Consumer Act 2010.

(2) The ACMA must not make a standard under subsection (1) unless

the ACMA is directed to do so by the ACCC under subsection (3).

(3) The ACCC may give written directions to the ACMA in relation to

the exercise of the power to make standards under subsection (1).

(4) The ACMA must exercise its powers under subsection (1) in a

manner consistent with any directions given by the ACCC under

subsection (3).

(5) The ACCC must not give a direction under subsection (3) unless,

in the ACCC’s opinion, it is necessary to do so in order to:

(a) promote the long-term interests of end-users of carriage

services or of services supplied by means of carriage

services; or

(b) reduce or eliminate the likelihood of hindrance to the

provision of access to declared services.

(6) A standard under subsection (1) may be of general application or

may be limited as provided in the standard. This subsection does

not, by implication, limit subsection 33(3A) of the Acts

Interpretation Act 1901.

(9) In this section:

declared service has the same meaning as in Part XIC of the

Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Technical standards about the interconnection of facilities Division 5

Section 385

Telecommunications Act 1997 327

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

385 Adoption of voluntary standards

(1) In making a technical standard under section 384, the ACMA may

apply, adopt or incorporate (with or without modification) any

matter contained in a standard proposed or approved by:

(a) Standards Australia; or

(b) any other body or association;

either:

(d) as in force or existing from time to time.

(2) Subsection (1) does not, by implication, limit section 589.

386 Procedures for making technical standards

(1) Before making a technical standard under section 384, the ACMA

must, so far as is practicable, try to ensure that:

(a) interested persons have had an adequate opportunity to make

representations about the proposed standard (either directly,

or indirectly by means of a report under paragraph (2)(g));

and

(b) due consideration has been given to any representations so

made.

(2) The ACMA may make an arrangement with any of the following

bodies or associations:

(a) Standards Australia;

(b) a body or association approved in writing by Standards

Australia for the purposes of this subsection;

made by the ACMA for the purposes of this subsection;

under which the body or association:

(d) prepares a draft of a standard; and

(e) publishes the draft standard; and

(f) undertakes a process of public consultation on the draft

standard; and

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 5 Technical standards about the interconnection of facilities

Section 387

328 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(g) reports to the ACMA on the results of that process of public

consultation.

(3) A copy of an approval under paragraph (2)(b) is to be published in

the Gazette.

(4) A copy of a determination under paragraph (2)(c) is to be

published in the Gazette.

(5) For the purposes of subsection (1), interested persons are taken not

to have had an adequate opportunity to make representations unless

there was a period of at least 60 days during which the

representations could be made.

387 Procedures for making technical standards

(1) The ACMA must not make a standard under section 384 relating to

a particular matter unless:

(a) the ACMA has given a body or association a written notice

requesting the body or association to make a standard

relating to that matter within the period specified in the

notice; and

(b) one of the following subparagraphs applies:

(i) the body or association does not comply with the

request;

(ii) the body or association complies with the request, but

the ACMA is not satisfied that the body’s or

association’s standard deals with that matter in an

adequate way;

(iii) the body or association complies with the request, but

the ACMA is not satisfied that the body’s or

association’s standard is operating adequately.

(2) The period specified under paragraph (1)(a) must run for at least

120 days after the notice was given.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Technical standards about the interconnection of facilities Division 5

Section 388

Telecommunications Act 1997 329

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In making a decision under subparagraph (1)(b)(ii) or (iii), the

ACMA must have regard to:

(a) whether the body’s or association’s standard is likely to

promote the long-term interests of end-users of carriage

services and of services supplied by means of carriage

services; and

(b) whether the body’s or association’s standard is likely to

reduce or eliminate the likelihood of hindrance to the

provision of access to declared services.

(4) Subsection (3) does not, by implication, limit the matters to which

the ACMA may have regard.

(5) Before making a decision under subparagraph (1)(b)(ii) or (iii), the

ACMA must consult the ACCC.

388 Provision of access

A reference in this Division to the provision of access is a

reference to the provision of access to:

(a) service providers generally; or

(b) a particular class or classes of service providers; or

in order that the service provider or providers can provide carriage

services and/or content services.

389 Promotion of the long-term interests of end-users of carriage

services and of services supplied by means of carriage

services

For the purposes of this Division, the question whether a particular

thing promotes the long-term interests of end-users of carriage

services or of services supplied by means of carriage services is to

be determined in the same manner as it is determined for the

purposes of Part XIC of the Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 5A Technical standards relating to Layer 2 bitstream services

Section 389A

330 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5A—Technical standards relating to Layer 2

bitstream services

389A ACMA’s power to determine technical standards

The ACMA may, by legislative instrument, determine technical

standards relating to Layer 2 bitstream services.

Note: See section 589 (instruments under this Act may provide for matters

by reference to other instruments).

389B Compliance with technical standards

(1) A carrier or carriage service provider must comply with a standard

determined under section 389A.

(2) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

(3) Subsections (1) and (2) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Exemptions

(4) The Minister may, by written instrument, exempt a specified

carrier, or a specified carriage service provider, from

subsection (1).

Note: For specification by class, see the Acts Interpretation Act 1901.

(5) An instrument under subsection (4) may be:

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Technical standards relating to Layer 2 bitstream services Division 5A

Section 389B

Telecommunications Act 1997 331

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) unconditional; or

(b) subject to such conditions (if any) as are specified in the

instrument.

(6) Before making an instrument under subsection (4), the Minister

must consult:

(a) the ACCC; and

(b) the ACMA.

(7) An instrument under subsection (4) is not a legislative instrument.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 6 Connection permits and connection rules

Section 390

332 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Connection permits and connection rules

Subdivision A—Connection permits authorising the connection

of non-standard customer equipment and

non-standard cabling

390 Application for connection permit

Customer equipment

(1) A person (the applicant) may apply to the ACMA for a permit

authorising the applicant, and such other persons as are from time

to time nominated by the applicant, to:

(a) connect specified customer equipment to a

telecommunications network or to a facility; and

(b) maintain such a connection.

The permit is called a connection permit.

Customer cabling

(2) A person (the applicant) may apply to the ACMA for a permit

authorising the applicant, and such other persons as are from time

to time nominated by the applicant, to:

(a) connect specified customer cabling to a telecommunications

network or to a facility; and

(b) maintain such a connection.

The permit is called a connection permit.

391 Form of application

An application must be:

(a) in writing; and

(b) in accordance with the form approved in writing by the

ACMA.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Connection permits and connection rules Division 6

Section 392

Telecommunications Act 1997 333

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

392 Application to be accompanied by charge

An application must be accompanied by the charge (if any) fixed

by a determination under section 60 of the Australian

Communications and Media Authority Act 2005.

393 Further information

(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.

394 Issue of connection permits

(1) After considering an application, the ACMA may issue a

connection permit in accordance with the application.

(2) In deciding whether to issue a connection permit, the ACMA may

have regard to:

(a) whether the purpose for which the permit is sought is a

purpose related to:

(i) education or research; or

(ii) the testing of customer equipment or customer cabling;

(iii) the demonstration of customer equipment or customer

cabling; and

(b) the knowledge and experience of the applicant.

(3) In deciding whether to issue a connection permit, the ACMA must

have regard to:

(a) the protection of the integrity of a telecommunications

network or of a facility; and

(b) the protection of the health or safety of persons who:

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 6 Connection permits and connection rules

Section 395

334 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iv) are otherwise reasonably likely to be affected by the

operation of;

a telecommunications network or a facility.

(4) Subsections (2) and (3) do not, by implication, limit the matters to

which the ACMA may have regard.

(5) If the ACMA decides to refuse to issue the connection permit, it

must give the applicant a written notice setting out the decision.

395 Connection permit has effect subject to this Act

(1) A connection permit has effect subject to this Act.

(2) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

396 Nominees of holder

If the ACMA issues a connection permit, the persons nominated by

the holder are called the holder’s nominees.

397 Duration of connection permits

(1) A connection permit comes into force when it is issued and

remains in force:

(a) if the permit specifies a day of expiration—until the end of

that day; or

(b) otherwise—indefinitely.

(2) The ACMA may, by written notice given to the holder of a

connection permit, declare that the permit has effect as if the

permit had specified a day specified in the notice as the day of

expiration of the connection permit. The declaration has effect

accordingly.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Connection permits and connection rules Division 6

Section 398

Telecommunications Act 1997 335

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) A day specified in a notice under subsection (2) must be later than

the day on which the notice is given to the holder of the connection

permit.

398 Conditions of connection permits

(1) A connection permit is subject to the following conditions:

(a) a condition that the holder and the holder’s nominees must

comply with this Division;

(b) any condition to which the permit is subject under

subsection (2);

(2) The ACMA may, by legislative instrument, determine that:

(a) each connection permit is subject to such conditions as are

specified in the determination; or

(b) each connection permit included in a specified class of

connection permits is subject to such conditions as are

specified in the determination.

(3) The ACMA may, by written notice given to the holder of a

connection permit:

(a) impose one or more further conditions to which the permit is

subject; or

(b) vary or revoke any condition:

(i) imposed under paragraph (a); or

(ii) specified in the permit.

(4) A condition of a connection permit may relate to the kinds of

persons who can be the holder’s nominees.

(5) Subsection (4) does not, by implication, limit the conditions to

which a connection permit may be subject.

399 Offence of contravening condition

(1) A person commits an offence if:

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 6 Connection permits and connection rules

Section 400

336 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the person is the holder of a connection permit, or a nominee

of such a holder; and

(b) the person engages in conduct; and

permit is subject.

Penalty: 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(2) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

400 Formal warnings—breach of condition

The ACMA may issue a formal warning to the holder of a

connection permit if the holder, or a nominee of the holder,

contravenes a condition to which the permit is subject.

401 Surrender of connection permit

The holder of a connection permit may, at any time, surrender the

permit by written notice given to the ACMA.

402 Cancellation of connection permit

(1) The ACMA may, by written notice given to the holder of a

connection permit, cancel the permit.

(2) In deciding whether to cancel the permit, the ACMA may have

regard to any matter which the ACMA was entitled, under

subsection 394(2), to have regard in deciding whether to issue a

permit.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Connection permits and connection rules Division 6

Section 403

Telecommunications Act 1997 337

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) In deciding whether to cancel the permit, the ACMA must have

regard to:

(a) any matter to which the ACMA was required, under

subsection 394(3), to have regard in deciding whether to

issue a permit; and

(b) whether or not the holder, or a nominee of the holder, has

been convicted of an offence against this Division.

(4) Subsections (2) and (3) do not, by implication, limit the matters to

which the ACMA may have regard.

403 Register of connection permits

(1) The ACMA is to maintain a Register in which it includes:

(a) all connection permits currently in force; and

(b) all conditions of such permits.

(2) The Register may be maintained by electronic means.

(3) A person may, on payment of the charge (if any) fixed by a

determination under section 60 of the Australian Communications

and Media Authority Act 2005:

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

(4) For the purposes of this section, if the Register is maintained by

electronic means, a person is taken to have made a copy of, or

taken an extract from, the Register if the ACMA gives the person a

printout of, or of the relevant parts of, the Register.

(5) If a person requests that a copy be provided in an electronic form,

the ACMA may provide the relevant information:

(a) on a data processing device; or

(b) by way of electronic transmission.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 6 Connection permits and connection rules

Section 404

338 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Subdivision B—Connection rules

404 Connection rules

(1) The ACMA may, by legislative instrument, make rules

(connection rules) that:

(a) are expressed to apply to specified persons; and

(b) relate to any or all of the following:

(i) the connection of specified customer equipment to a

telecommunications network or to a facility;

(ii) maintaining a connection referred to in

subparagraph (i);

(iii) the connection of specified customer cabling to a

telecommunications network or to a facility;

(iv) maintaining a connection referred to in

subparagraph (iii).

Note 1: A person may be specified by name, by inclusion in a specified class

or in any other way.

Note 2: Equipment or cabling may be specified by name, by inclusion in a

specified class or in any other way.

(2) A person specified under paragraph (1)(a) is said to be subject to

the connection rules.

(3) The connection rules may make provision for or in relation to a

particular matter by empowering the ACMA to make decisions of

an administrative character.

405 Procedures for making connection rules

(1) Before making connection rules under section 404, the ACMA

must, so far as is practicable, try to ensure that:

(a) interested persons have had an adequate opportunity to make

representations about the proposed rules (either directly, or

indirectly by means of a report under paragraph (2)(g)); and

(b) due consideration has been given to any representation so

made.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Connection permits and connection rules Division 6

Section 405

Telecommunications Act 1997 339

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA may make an arrangement with any of the following

bodies or associations:

(a) Standards Australia;

(b) a body or association approved in writing by Standards

Australia for the purposes of this subsection;

made by the ACMA for the purposes of this subsection;

under which the body or association:

(d) prepares draft rules; and

(e) publishes the draft rules; and

(f) undertakes the process of public consultation on the draft

rules; and

(g) reports to the ACMA on the results of that process of public

consultation.

(3) A copy of an approval under paragraph (2)(b) is to be published in

the Gazette.

(4) A copy of a determination under paragraph (2)(c) is to be

published in the Gazette.

(5) For the purposes of subsection (1), interested persons are taken not

to have had an adequate opportunity to make representations unless

there was a period of at least 60 days during which the

representations could be made.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 7 Labelling of customer equipment and customer cabling

Section 406

340 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 7—Labelling of customer equipment and

customer cabling

406 Application of labels

(1) A reference in this Division to a label includes a reference to a

statement.

(2) For the purposes of this Division, a label is taken to be applied to a

thing if:

(a) the label is affixed to the thing; or

(b) the label is woven in, impressed on, worked into or annexed

to the thing; or

box or other thing in or with which the first-mentioned thing

is supplied; or

(d) the label is affixed to, or incorporated in, an instruction or

other document that accompanies the first-mentioned thing.

406A Application of Division to agent of manufacturer or importer

For the purposes of this Act and to avoid doubt, a reference in this

Division to a manufacturer or importer of customer equipment or

customer cabling includes a reference to a person who is authorised

in writing by such a manufacturer or importer to act in Australia as

an agent of the manufacturer or importer (as the case may be) for

the purposes of this Division.

407 Labelling requirements

(1) The ACMA may, by written instrument, require any person who is

a manufacturer or importer of specified customer equipment or

specified customer cabling to apply to the equipment or cabling a

label that indicates whether the equipment or cabling meets the

requirements of the section 376 standards specified in the

instrument.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Labelling of customer equipment and customer cabling Division 7

Section 408

Telecommunications Act 1997 341

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) An instrument under this section is a legislative instrument.

408 Requirements to apply labels—ancillary matters

(1) This section applies to an instrument under section 407.

(2) The label must be in the form specified by the ACMA in the

instrument.

(3) The method of applying the label to the equipment or cabling must

be as specified by the ACMA in the instrument.

(4) The instrument may state that the requirement does not apply to

imported customer equipment, or imported customer cabling, if

there is applied to the equipment or cabling a label of a specified

kind that indicates that the equipment or cabling complies with the

requirements of:

(a) a specified law of a specified foreign country; or

(b) a specified instrument in force under a specified law of a

specified foreign country; or

(d) a specified instrument in force under a specified convention,

treaty or international agreement.

(5) The instrument may specify requirements that must be met before a

label can be applied, including (but not limited to):

(a) a requirement that, before a manufacturer or importer applies

the label to the equipment or cabling, the manufacturer or

importer must have obtained a written statement from a

certification body certifying that the equipment or cabling

complies with a specified section 376 standard; and

(b) a requirement that, before a manufacturer or importer applies

the label to the equipment or cabling, the equipment or

cabling must have been tested by a recognised testing

authority for compliance with the standards specified in the

instrument; and

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 7 Labelling of customer equipment and customer cabling

Section 408

342 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) conduct quality assurance programs; or

(ii) be satisfied that quality assurance programs have been

conducted; or

(iii) have regard to the results of quality assurance programs;

before the manufacturer or importer applies the label to the

equipment or cabling; and

(d) a requirement that, before a manufacturer or importer applies

the label to the equipment or cabling, the manufacturer or

importer must have obtained a written statement from a

competent body certifying that reasonable efforts have been

made to avoid a contravention of a specified section 376

standard; and

(e) a requirement that, before a manufacturer or importer applies

the label to the equipment or cabling, the manufacturer or

importer must make a written declaration in relation to the

equipment or cabling, being a declaration in a form specified

in the instrument.

Note 1: Certification body is defined by section 410.

Note 2: Recognised testing authority is defined by section 409.

Note 3: Competent body is defined by section 409.

(6) The instrument may specify requirements that must be met after a

label has been applied to customer equipment or customer cabling,

including (but not limited to) a requirement that a manufacturer or

importer retain for inspection, for the period specified in the

instrument:

(a) records of the quality assurance programs conducted in

accordance with the instrument in respect of the equipment

or cabling; and

(b) records of any results of any tests conducted in relation to

compliance with the standards specified in the instrument;

and

in paragraph (5)(e).

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Labelling of customer equipment and customer cabling Division 7

Section 409

Telecommunications Act 1997 343

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

409 Recognised testing authorities and competent bodies

(1) The ACMA may, by notice published in the Gazette, determine

that a specified person or association is an accreditation body for

the purposes of this section. The determination has effect

accordingly.

(2) An accreditation body may, by written instrument, determine that a

specified person is a recognised testing authority for the purposes

of this Division. The determination has effect accordingly.

(3) An accreditation body may, by written instrument, determine that a

specified person or association is a competent body for the

purposes of this Division. The determination has effect

accordingly.

410 Certification bodies

(1) The ACMA may, by notice published in the Gazette, determine

that a specified person or association is an approving body for the

purposes of this section. The determination has effect accordingly.

(2) An approving body may, by written instrument, determine that a

specified person or association is a certification body for the

purposes of this Division. The determination has effect

accordingly.

411 Connection of customer equipment or customer cabling—

breach of section 376 standards

Basic prohibition

(1) A person must not:

(a) connect customer equipment or customer cabling to a

telecommunications network or to a facility; or

(b) maintain such a connection;

if:

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 7 Labelling of customer equipment and customer cabling

Section 411

344 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

required by subsection 407(1) to apply a label to the

equipment or cabling; and

(d) either:

(i) the manufacturer or importer did not comply with the

requirement; or

(ii) the manufacturer or importer complied with the

requirement, but the label indicated that the equipment

or cabling did not meet the requirements of the

section 376 standards that were specified in the

first-mentioned requirement.

Offence

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 120 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

Exception—reasonable excuse for contravention

(2A) Subsection (2) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2A) (see subsection 13.3(3) of the Criminal Code).

Exception—connection permit

(3) A person does not contravene subsection (1) in relation to:

(a) connecting customer equipment, or customer cabling, to a

telecommunications network, or to a facility; or

(b) maintaining such a connection;

if the connection, or the maintenance of the connection, as the case

may be, is in accordance with a connection permit.

Note: Connection permits are issued under section 394.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Labelling of customer equipment and customer cabling Division 7

Section 412

Telecommunications Act 1997 345

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Exception—compliance with connection rules

(4) A person does not contravene subsection (1) in relation to:

(a) connecting customer equipment, or customer cabling, to a

telecommunications network, or to a facility; or

(b) maintaining such a connection;

if:

(d) the connection, or the maintenance of the connection, as the

case may be, is in accordance with the connection rules.

Note: The connection rules are dealt with by section 404.

Exception—consent of network manager

(5) A person does not contravene subsection (1) in relation to the

connection of customer equipment, or customer cabling, to a

telecommunications network, or to a facility, if:

(a) the manager of the network or facility consents in writing to

the connection; and

(b) the equipment or cabling has applied to it a label that

indicates that the equipment or cabling does not meet the

requirements of each of the standards under section 376 that

were applicable to it when it was connected.

Note: Manager is defined by section 375.

412 Connection of labelled customer equipment or customer cabling

not to be refused

(1) If:

(a) at a particular time, a person proposes to connect customer

equipment or customer cabling to a telecommunications

network or to a facility; and

(b) the manufacturer or importer of the equipment or cabling was

required by subsection 407(1) to apply a label to the

equipment or cabling; and

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 7 Labelling of customer equipment and customer cabling

Section 412

346 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the manufacturer or importer complied with the

requirement; and

(ii) the label indicated that the equipment or cabling met the

requirements of the section 376 standards that were

specified in the first-mentioned requirement;

the manager of the network or facility must not refuse to give

written consent to the connection.

Note: Manager is defined by section 375.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 100 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

(2A) Subsection (2) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(3) A manager of a telecommunications network, or of a facility, does

not contravene subsection (1) in relation to a refusal to give

consent to the connection of customer equipment, or customer

cabling, to the network, or to the facility, if:

(a) the manager has reasonable grounds to believe that a label

has been applied to the equipment or cabling in contravention

of section 414 or 416; or

(b) the manager has reasonable grounds to believe that the

connection would, or would be likely to, constitute a threat to

the integrity of a telecommunications network or of a facility;

connection would, or would be likely to, constitute a threat to

the health or safety of persons who:

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

(iv) are otherwise reasonably likely to be affected by the

operation of;

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Labelling of customer equipment and customer cabling Division 7

Section 413

Telecommunications Act 1997 347

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

a telecommunications network or a facility.

(4) This section does not, by implication, impose an obligation to

supply a carriage service to a particular person.

413 Supply of unlabelled customer equipment or unlabelled

customer cabling

(1) If a person:

(a) is a manufacturer or importer of customer equipment or

customer cabling; and

(b) is required under section 407 to apply to it a label in a

particular form;

the person must not supply the equipment or cabling unless a label

in that form has been applied to the equipment or cabling.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(2A) Subsection (2) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(3) In this section:

supply includes supply (including re-supply) by way of sale,

exchange, lease, hire or hire-purchase.

414 Applying labels before satisfying requirements under

subsection 408(5)

(1) If a person is subject to requirements that:

(a) have been specified under subsection 408(5); and

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 7 Labelling of customer equipment and customer cabling

Section 415

348 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) must be met before applying a particular label to customer

equipment or customer cabling;

the person must not apply:

(d) a label that purports to be such a label;

before the person satisfies those requirements.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(3) Subsection (2) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

415 Failure to retain records etc.

(1) If the ACMA makes an instrument under subsection 407(1) that

specifies requirements to be met after a label has been applied, a

manufacturer or importer must not contravene those requirements.

(2) A person commits an offence if:

(a) the person is a manufacturer or importer of customer

equipment or customer cabling; and

(b) the person engages in conduct; and

subsection (1).

Penalty: 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(3) Subsection (1) does not apply if the person has a reasonable

excuse.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Labelling of customer equipment and customer cabling Division 7

Section 416

Telecommunications Act 1997 349

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

416 Application of labels containing false statements about

compliance with standards

(1) A person must not apply a label to customer equipment or

customer cabling if:

(a) the label contains a statement to the effect that the equipment

or cabling complies with a section 376 standard; and

(b) the statement is false or misleading.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 120 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 8 Protected symbols

Section 417

350 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 8—Protected symbols

417 Protected symbols

(1) A person must not:

(a) use in relation to a business, trade, profession or occupation;

(b) apply, as a trade mark or otherwise, to goods imported,

manufactured, produced, sold, offered for sale or let on hire;

(i) goods or services; or

(ii) the promotion, by any means, of the supply or use of

goods or services;

a protected symbol, or a symbol so closely resembling a protected

symbol as to be likely to be mistaken for it.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 30 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(3) Nothing in subsection (1) limits anything else in that subsection.

(4) Nothing in subsection (1), so far as it applies in relation to a

protected symbol, affects rights conferred by law on a person in

relation to:

(a) a trade mark that is registered under the Trade Marks Act

1995; or

(b) a design that is registered under the Designs Act 2003;

and was registered under the Trade Marks Act 1995 or the Designs

Act 1906 immediately before 16 August 1996 in relation to the

symbol.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Protected symbols Division 8

Section 417

Telecommunications Act 1997 351

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) Nothing in this section, so far as it applies to a protected symbol,

affects the use, or rights conferred by law relating to the use, of the

symbol by a person in a particular manner if, immediately before

16 August 1996, the person:

(a) was using the symbol in good faith in that manner; or

(b) would have been entitled to prevent another person from

passing off, by means of the use of the symbol or a similar

symbol, goods or services as the goods or services of the

first-mentioned person.

(6) This section does not apply to a person who uses or applies a

protected symbol for the purposes of labelling customer equipment

or customer cabling in accordance with section 407 of this Act or

labelling a device in accordance with section 182 of the

Radiocommunications Act 1992. For this purpose, device has the

same meaning as in the Radiocommunications Act 1992.

(7) This section does not apply to a person who uses or applies a

protected symbol for a purpose of a kind specified in a written

determination made by the ACMA.

(8) A reference in this section to a protected symbol is a reference to:

(a) the symbol known in the telecommunications industry as the

C-Tick mark:

(i) the design of which is set out in a written determination

made by the ACMA; and

(ii) a purpose of which, after the commencement of this

section, is to indicate compliance by customer

equipment or customer cabling with applicable

section 376 standards; or

(b) a symbol:

(i) the design of which is set out in a written determination

made by the ACMA; and

(ii) a purpose of which, after the commencement of this

section, is to indicate compliance by customer

equipment or customer cabling with applicable

section 376 standards; or

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 8 Protected symbols

Section 417

352 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the design of which is set out in a written determination

made by the ACMA; and

(ii) a purpose of which, after the commencement of this

section, is to indicate non-compliance by customer

equipment or customer cabling with applicable

section 376 standards.

(9) For the purposes of this Part, if:

(a) a label is applied to customer equipment or customer cabling;

and

(b) the label embodies a symbol referred to in paragraph (8)(a) or

(b);

the label is taken to indicate that the equipment or cabling meets

the requirements of each applicable section 376 standard.

(10) For the purposes of this Part, if:

(a) a label is applied to customer equipment or customer cabling;

and

(b) the label embodies a symbol referred to in paragraph (8)(c);

the label is taken to indicate that the equipment or cabling does not

meet the requirements of each applicable section 376 standard.

(11) For the purposes of this section, a section 376 standard is taken to

be applicable in relation to customer equipment or customer

cabling if, and only if, the standard was specified in the section 407

requirement that dealt with the manufacture or importation of the

equipment or cabling.

(12) A determination made by the ACMA under subsection (7) or (8) is

a legislative instrument.

(13) In addition to its effect apart from this subsection, this section also

has the effect it would have if a reference in subsection (1) to a

person were, by express provision, confined to a corporation to

which paragraph 51(xx) of the Constitution applies.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Protected symbols Division 8

Section 417

Telecommunications Act 1997 353

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(14) In addition to its effect apart from this subsection, this section also

has the effect it would have if each reference in subsection (1) to

use, or to application, were a reference to use or application, as the

case may be, in the course of, or in relation to:

(a) trade or commerce between Australia and places outside

Australia; or

(b) trade or commerce among the States; or

Territory or between 2 Territories; or

(d) the supply of goods or services to the Commonwealth, to a

Territory or to an authority or instrumentality of the

Commonwealth or of a Territory; or

(e) the defence of Australia; or

(f) the operation of lighthouses, lightships, beacons or buoys; or

(g) astronomical or meteorological observations; or

(h) an activity of a corporation to which paragraph 51(xx) of the

Constitution applies; or

(i) banking, other than State banking; or

(j) insurance, other than State insurance; or

(k) weighing or measuring.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 9 Cabling providers

Section 418

354 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 9—Cabling providers

418 Cabling work

A reference in this Division to cabling work is a reference to:

(a) the installation of customer cabling for connection to a

telecommunications network or to a facility; or

(b) the connection of customer cabling to a telecommunications

network or to a facility; or

telecommunications network or to a facility.

419 Types of cabling work

(1) The ACMA may, by legislative instrument, declare that a specified

kind of cabling work is a type of cabling work for the purposes of

this Division.

(2) The declaration has effect accordingly.

(3) For the purposes of this Division, the type of cabling work is to be

ascertained solely by reference to the declaration.

420 Prohibition of unauthorised cabling work

(1) A person must not perform a particular type of cabling work

unless:

(a) the person is subject to the cabling provider rules; or

(b) the person performs the work under the supervision of

another person who is subject to the cabling provider rules;

the performance of that type of cabling work; or

(d) the person performs the work under the supervision of the

holder of a cabling licence that authorises the performance of

that type of cabling work.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Cabling providers Division 9

Section 421

Telecommunications Act 1997 355

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 120 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

421 Cabling provider rules

(1) The ACMA may, by legislative instrument, make rules (cabling

provider rules) that:

(a) are expressed to apply to specified persons; and

(b) relate to:

(i) the performance of cabling work; or

(ii) the supervision of the performance of cabling work;

or both.

Note: A person may be specified by name, by inclusion in a specified class

or in any other way.

(2) A person specified under paragraph (1)(a) is said to be subject to

the cabling provider rules.

(3) A person who is subject to the cabling provider rules must comply

with the cabling provider rules.

(4) A person who contravenes subsection (3) commits an offence

punishable on conviction by a fine not exceeding 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(5) The cabling provider rules may make provision for or in relation to

a particular matter by empowering the ACMA to make decisions of

an administrative character.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 9 Cabling providers

Section 422

356 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

422 Procedures for making cabling provider rules

(1) Before making cabling provider rules under section 421, the

ACMA must, so far as is practicable, try to ensure that:

(a) interested persons have had an adequate opportunity to make

representations about the proposed rules (either directly, or

indirectly by means of a report under paragraph (2)(g)); and

(b) due consideration has been given to any representation so

made.

(2) The ACMA may make an arrangement with any of the following

bodies or associations:

(a) Standards Australia;

(b) a body or association approved in writing by Standards

Australia for the purposes of this subsection;

made by the ACMA for the purposes of this subsection;

under which the body or association:

(d) prepares a draft of the cabling provider rules; and

(e) publishes the draft rules; and

(f) undertakes a process of public consultation on the draft rules;

and

(g) reports to the ACMA on the results of that process of public

consultation.

(3) A copy of an approval under paragraph (2)(b) is to be published in

the Gazette.

(4) A copy of a determination under paragraph (2)(c) is to be

published in the Gazette.

(5) For the purposes of subsection (1), interested persons are taken not

to have had an adequate opportunity to make representations unless

there was a period of at least 60 days during which the

representations could be made.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Cabling providers Division 9

Section 423

Telecommunications Act 1997 357

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

423 Application for cabling licence

An individual may apply to the ACMA for a cabling licence that

authorises the performance of a particular type of cabling work.

424 Form of application

(1) An application must:

(a) be in writing; and

(b) describe the knowledge and experience of the applicant to

perform cabling work; and

ACMA.

(2) The approved form of application may provide for verification by

statutory declaration of statements in applications.

425 Application to be accompanied by charge

An application must be accompanied by the charge (if any) fixed

by a determination under section 60 of the Australian

Communications and Media Authority Act 2005.

426 Further information

(1) The ACMA may, within 7 days after an application is made,

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.

427 Grant of cabling licence

(1) After considering an application, the ACMA may grant a cabling

licence in accordance with the application.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 9 Cabling providers

Section 428

358 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACMA must not grant a cabling licence authorising the

performance of a particular type of cabling work unless it is

satisfied that:

(a) the applicant has the necessary knowledge and experience to

perform cabling work of that type; and

(b) cabling work of that type performed in accordance with the

conditions included in the licence would comply with

standards in force under section 376; and

the Minister under section 440.

428 Time limit on licence decision

If the ACMA neither grants, nor refuses to grant, a cabling licence

before the end of whichever of the following periods is applicable:

(a) if the ACMA did not give a request under section 426 in

relation to the licence application—the period of 30 days

after the day on which the ACMA received the application;

(b) if:

(i) the ACMA gave a request under section 426 in relation

to the licence application; and

(ii) the request was complied with;

the period of 30 days after the day on which the request was

complied with;

(i) the ACMA gave a request under section 426 in relation

to the licence application; and

(ii) the request was not complied with;

the period of 30 days after the end of the period specified in

the request;

the ACMA is taken, at the end of that 30-day period, to have

refused to grant the licence under section 427.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Cabling providers Division 9

Section 429

Telecommunications Act 1997 359

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

429 Notification of refusal of application

If the ACMA decides to refuse to grant a cabling licence, the

ACMA must give written notice of the decision to the applicant.

430 Cabling licence has effect subject to this Act

(1) A cabling licence has effect subject to this Act.

(2) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

431 Duration of cabling licence

A cabling licence comes into force when it is issued and remains in

force:

(a) if the licence specifies a day of expiration—until the end of

that day; or

(b) otherwise—indefinitely.

432 Conditions of cabling licence

(1) A cabling licence is subject to such conditions as are specified in a

written determination made by the ACMA for the purposes of this

subsection.

(2) A cabling licence is subject to such conditions as are specified in

the licence.

(3) The ACMA may, by written notice given to the holder of a cabling

licence:

(a) impose one or more further conditions to which the licence is

subject; or

(b) revoke or vary any condition:

(i) imposed under paragraph (a); or

(ii) specified in the licence.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 9 Cabling providers

Section 433

360 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) The following are examples of conditions to which a cabling

licence could be subject:

(a) conditions relating to the types of premises in or on which

the holder of the licence may perform cabling work;

(b) conditions requiring customer cabling to be inspected by

persons authorised in writing by the ACMA for the purposes

of this paragraph.

(5) A determination under subsection (1) is a legislative instrument.

433 Procedures for changing licence conditions

(1) The ACMA’s powers under subsection 432(3) may be exercised:

(a) on the ACMA’s own initiative; or

(b) on application made to the ACMA by the holder of the

licence.

(2) An application under paragraph (1)(b) must:

(a) be in writing; and

(b) be in accordance with the form approved in writing by the

ACMA.

(3) The approved form of application may provide for verification by

statutory declaration of statements in applications.

(4) If the ACMA refuses an application under paragraph (1)(b), the

ACMA must give written notice of the refusal to the applicant.

(5) If the ACMA neither grants, nor refuses to grant, an application

under paragraph (1)(b) before the end of 30 days after receiving the

application, the ACMA is taken, at the end of that period, to have

refused the application.

434 Offence in relation to contravening condition

(1) A person commits an offence if:

(a) the person is the holder of a cabling licence that authorises

the performance of a particular type of cabling work; and

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Cabling providers Division 9

Section 435

Telecommunications Act 1997 361

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the person performs cabling work of that type; and

which the licence is subject.

Penalty: 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(2) A person commits an offence if:

(a) the person is the holder of a cabling licence that authorises

the performance of a particular type of cabling work; and

(b) the person engages in conduct; and

reasonable steps to ensure that cabling work of that type

performed under the person’s supervision does not

contravene the conditions of the licence.

Penalty: 100 penalty units.

Note 1: See also sections 4AA and 4B of the Crimes Act 1914.

Note 2: See also Division 13 of this Part (which deals with the payment of

penalties as an alternative to prosecution).

(3) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

435 Formal warnings—breach of condition

The ACMA may issue a formal warning if the holder of a cabling

licence contravenes a condition to which the licence is subject.

436 Surrender of cabling licence

(1) The holder of a cabling licence may, at any time, surrender the

licence by:

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 9 Cabling providers

Section 437

362 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) returning it to the ACMA; and

(b) giving the ACMA written notice that it is surrendered.

(2) The surrender of a cabling licence takes effect on the day on which

the notice is given to the ACMA.

437 Suspension of cabling licence

(1) The ACMA may, by written notice given to the holder of a cabling

licence, suspend the cabling licence for a period of not longer than

28 days.

(2) In deciding whether to suspend the cabling licence, the ACMA

must have regard to:

(a) any matter to which the ACMA was required, under

section 427, to have regard in deciding whether to grant a

cabling licence; and

(b) whether or not the holder of the cabling licence has been

convicted of an offence against this Division.

(3) Subsection (2) does not, by implication, limit the matters to which

the ACMA may have regard.

(4) During the period of suspension, section 420 has effect as if the

licence did not exist.

438 Cancellation of cabling licence

(1) The ACMA may, by written notice given to the holder of a cabling

licence, cancel the cabling licence.

(2) In deciding whether to cancel the cabling licence, the ACMA must

have regard to:

(a) any matter to which the ACMA was required, under

section 427, to have regard in deciding whether to grant a

cabling licence; and

(b) whether or not the holder of the cabling licence has been

convicted of an offence against this Division.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Cabling providers Division 9

Section 439

Telecommunications Act 1997 363

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) Subsection (2) does not, by implication, limit the matters to which

the ACMA may have regard.

439 ACMA may limit application of Division in relation to customer

cabling

(1) The ACMA may, by legislative instrument, declare that this

Division, or specified provisions of it, do not apply in relation to

specified kinds of customer cabling.

(2) An instrument under subsection (1) may specify a kind of customer

cabling:

(a) by reference to the technical characteristics of the cabling; or

(b) by reference to the functions of the cabling; or

is intended to be used, by the customer concerned; or

(d) by reference to the location of the cabling.

(3) Subsection (2) does not, by implication, limit subsection (1).

(4) This Division has effect in accordance with an instrument in force

under subsection (1).

440 Ministerial directions

(1) The Minister may, by legislative instrument, give the ACMA

written directions about how it is to perform its functions or

exercise its powers under this Division.

(2) A direction under subsection (1) may require the ACMA to make

cabling provider rules that deal with one or more specified matters.

(2A) Subsection (2) does not limit subsection (1).

(3) A direction under subsection (1) must not concern the way in

which the ACMA is to deal with a particular application for a

cabling licence.

(4) The Minister must not give the ACMA a direction under section 14

of the Australian Communications and Media Authority Act 2005

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 9 Cabling providers

Section 441

364 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

about how the ACMA is to perform its functions or exercise its

powers under this Division.

441 Delegation

(1) The ACMA may, by writing, delegate to a person any or all of its

functions and powers under this Division.

(1A) If, under section 50 of the Australian Communications and Media

Authority Act 2005, the ACMA has delegated a function or power

referred to in subsection (1) to a Division of the ACMA, the

following provisions have effect:

(a) the Division may delegate the function or power to a person;

(b) subsections 52(2), (3), (4), (5) and (6) of the Australian

Communications and Media Authority Act 2005 have effect

as if the delegation by the Division were a delegation under

section 52 of that Act.

(2) Subsections (1) and (1A) do not apply to the following powers:

(a) the power to refuse an application for a cabling licence;

(b) the power conferred by subsection 432(3);

(d) the power to make a declaration under section 439.

(3) The delegate is, in the exercise of the delegated function or power,

subject to the written directions of:

(a) the ACMA, if the delegation to the delegate was under

subsection (1); or

(b) the Division that delegated the power, if the delegation to the

delegate was under subsection (1A).

(4) The powers conferred on the ACMA by subsection (1), and on a

Division of the ACMA by subsection (1A), are in addition to the

powers conferred by sections 50, 51 and 52 of the Australian

Communications and Media Authority Act 2005.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Cabling providers Division 9

Section 442

Telecommunications Act 1997 365

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

442 Register of cabling licences

(1) The ACMA is to maintain a Register in which it includes:

(a) all cabling licences currently in force; and

(b) all conditions of such licences.

(2) The Register may be maintained by electronic means.

(3) A person may, on payment of the charge (if any) fixed by a

determination under section 60 of the Australian Communications

and Media Authority Act 2005:

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

(4) For the purposes of this section, if the Register is maintained by

electronic means, a person is taken to have made a copy of, or

taken an extract from, the Register if the ACMA gives the person a

printout of, or of the relevant parts of, the Register.

(5) If a person requests that a copy be provided in an electronic form,

the ACMA may provide the relevant information:

(a) on a data processing device; or

(b) by way of electronic transmission.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 10 Remedies for unauthorised connections to telecommunications networks

etc.

Section 443

366 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 10—Remedies for unauthorised connections to

telecommunications networks etc.

443 Civil action for unauthorised connections to telecommunications

networks etc.

(1) If:

(a) a person:

(i) connects customer equipment, or customer cabling, to a

telecommunications network, or to a facility, contrary to

section 411; or

(ii) has under his or her control customer equipment, or

customer cabling, connected to a telecommunications

network, or to a facility, where the equipment or cabling

was so connected by another person contrary to

section 411; and

(b) as a result of:

(i) the connection of the customer equipment or customer

cabling to the network or facility; or

(ii) the customer equipment or customer cabling being used

while it was so connected;

either:

(iii) damage is caused to the network or the facility; or

(iv) the manager of the network or facility suffers a loss or

incurs a liability;

the manager of the network or facility may apply to the Federal

Court for remedial relief.

(2) The relief that may be granted includes an injunction and, at the

option of the manager, either damages or an account of profits.

(3) If an application is made to the Federal Court for an injunction

under this section, the court may grant an interim injunction

pending determination of the application.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Remedies for unauthorised connections to telecommunications networks etc. Division

Section 444

Telecommunications Act 1997 367

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) The power of the court under this section to grant an injunction

restraining a person from engaging in conduct of a particular kind

may be exercised:

(a) if the court is satisfied that the person has engaged in conduct

of that kind—whether or not it appears to the court that the

person intends to engage again, or to continue to engage, in

conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will engage in conduct of that kind—

whether or not the person has previously engaged in conduct

of that kind and whether or not there is an imminent danger

of substantial damage to any person if the person engages in

conduct of that kind.

(5) The power of the court under this section to grant an injunction

requiring a person to do an act or thing may be exercised:

(a) if the court is satisfied that the person has refused or failed to

do that act or thing—whether or not it appears to the court

that the person intends to refuse or fail again, or to continue

to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will refuse or fail to do that act or

thing—whether or not the person has previously refused or

failed to do that act or thing and whether or not there is an

imminent danger of substantial damage to any person if the

person refuses or fails to do that act or thing.

(6) An application under this section must be made within 3 years after

the damage was caused, the loss was suffered or the liability was

incurred, as the case requires.

444 Remedy for contravention of labelling requirements

(1) If:

(a) a person (the first person) contravenes section 413, 414 or

415 in relation to particular customer equipment or particular

customer cabling; and

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 10 Remedies for unauthorised connections to telecommunications networks

etc.

Section 445

368 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a person (who may be the first person) connects the

equipment or cabling to a telecommunications network or to

a facility; and

(i) the connection of the equipment or cabling to the

network or facility; or

(ii) the equipment or cabling being used while it was so

connected;

either:

(iii) damage is caused to the network or the facility; or

(iv) the manager of the network or facility suffers a loss;

the manager of the network or facility may apply to the Federal

Court for the recovery from the first person of the amount of the

loss or damage.

(2) An application under this section must be made within 3 years after

the damage was caused or the loss was suffered, as the case

requires.

445 Remedies for connection of unlabelled customer equipment or

unlabelled customer cabling

(1) This section applies if:

(a) a person:

(i) connects customer equipment, or customer cabling, to a

telecommunications network or to a facility; or

(ii) has under his or her control customer equipment, or

customer cabling, connected to a telecommunications

network or to a facility; and

(b) the manufacturer or importer of the equipment or cabling was

required by subsection 407(1) to apply a label to the

equipment or cabling; and

(i) the manufacturer or importer did not comply with the

requirement; or

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Remedies for unauthorised connections to telecommunications networks etc. Division

Section 445

Telecommunications Act 1997 369

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) the manufacturer or importer complied with the

requirement, but the label indicated that the equipment

or cabling did not meet the requirements of the

section 376 standards that were specified in the

first-mentioned requirement.

(2) If, as a result of:

(a) the connection of the equipment or cabling to the network or

facility; or

(b) the equipment or cabling being used while it was so

connected;

either:

(d) the manager of the network or facility suffers a loss;

the manager of the network or facility may apply to the Federal

Court for remedial relief.

(3) The relief that may be granted includes an injunction and, at the

option of the manager, either damages or an account of profits.

(4) The manager of the network or facility may disconnect the

equipment or cabling from the network or facility.

(5) If it is necessary for other customer equipment or other customer

cabling to be disconnected from the network or facility in order to

achieve the disconnection mentioned in subsection (4), the

manager may disconnect that other equipment or cabling.

(6) If an application is made to the Federal Court for an injunction

under this section, the court may grant an interim injunction

pending determination of the application.

(7) The power of the court under this section to grant an injunction

restraining a person from engaging in conduct of a particular kind

may be exercised:

(a) if the court is satisfied that the person has engaged in conduct

of that kind—whether or not it appears to the court that the

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 10 Remedies for unauthorised connections to telecommunications networks

etc.

Section 446

370 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

person intends to engage again, or to continue to engage, in

conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will engage in conduct of that kind—

whether or not the person has previously engaged in conduct

of that kind and whether or not there is an imminent danger

of substantial damage to any person if the person engages in

conduct of that kind.

(8) The power of the court under this section to grant an injunction

requiring a person to do an act or thing may be exercised:

(a) if the court is satisfied that the person has refused or failed to

do that act or thing—whether or not it appears to the court

that the person intends to refuse or fail again, or to continue

to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will refuse or fail to do that act or

thing—whether or not the person has previously refused or

failed to do that act or thing and whether or not there is an

imminent danger of substantial damage to any person if the

person refuses or fails to do that act or thing.

(9) An application under this section must be made within 3 years after

the damage was caused or the loss was suffered, as the case

requires.

446 Disconnection of dangerous customer equipment or customer

cabling

(1) If:

(a) a person (the first person):

(i) connects customer equipment, or customer cabling, to a

telecommunications network or to a facility; or

(ii) has under his or her control customer equipment, or

customer cabling, connected to a telecommunications

network or to a facility; and

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Remedies for unauthorised connections to telecommunications networks etc. Division

Section 446

Telecommunications Act 1997 371

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the manager of the network or facility has an honest belief

that the equipment or cabling is, or is likely to be, a threat to

the health or safety of persons who:

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

(iv) are otherwise reasonably likely to be affected by the

operation of;

a telecommunications network or a facility;

the manager of the network or facility may:

(d) if it is necessary to disconnect other customer equipment or

other customer cabling for the purposes of achieving the

disconnection referred to in paragraph (c)—disconnect that

other equipment or cabling.

(2) If:

(a) equipment or cabling is disconnected, or purportedly

disconnected, under subsection (1); and

(b) the ACMA is satisfied that there were no reasonable grounds

for the belief mentioned in paragraph (1)(b);

the ACMA may, by written notice given to the manager of the

network or facility, direct the manager to reconnect the equipment

or cabling.

(3) A person must comply with a direction under subsection (2).

(4) If:

(a) equipment or cabling is disconnected, or purportedly

disconnected, under subsection (1); and

(b) the manager of the network or facility had no reasonable

grounds for the belief mentioned in paragraph (1)(b); and

damage;

the first person may apply to the Federal Court for the recovery

from the manager of the amount of the loss or damage.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 10 Remedies for unauthorised connections to telecommunications networks

etc.

Section 447

372 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) An application under subsection (4) must be made within 3 years

after the damage was caused or the loss was suffered, as the case

requires.

447 Disconnection of customer equipment or customer cabling—

protection of the integrity of networks and facilities

(1) If:

(a) a person (the first person):

(i) connects customer equipment, or customer cabling, to a

telecommunications network or to a facility; or

(ii) has under his or her control customer equipment, or

customer cabling, connected to a telecommunications

network or to a facility; and

(b) the manager of the network or facility has an honest belief

that the equipment or cabling is, or is likely to be, a threat to

the integrity of a telecommunications network or a facility;

the manager of the network or facility may:

(d) if it is necessary to disconnect other customer equipment or

other customer cabling for the purposes of achieving the

disconnection referred to in paragraph (c)—disconnect that

other equipment or cabling.

(2) If:

(a) equipment or cabling is disconnected, or purportedly

disconnected, under subsection (1); and

(b) the ACMA is satisfied that there were no reasonable grounds

for the belief mentioned in paragraph (1)(b);

the ACMA may, by written notice given to the manager of the

network or facility, direct the manager to reconnect the equipment

or cabling.

(3) A person must comply with a direction under subsection (2).

(4) If:

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Remedies for unauthorised connections to telecommunications networks etc. Division

Section 448

Telecommunications Act 1997 373

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) equipment or cabling is disconnected, or purportedly

disconnected, under subsection (1); and

(b) the manager of the network or facility had no reasonable

grounds for the belief mentioned in paragraph (1)(b); and

damage;

the first person may apply to the Federal Court for the recovery

from the manager of the amount of the loss or damage.

(5) An application under subsection (4) must be made within 3 years

after the damage was caused or the loss was suffered, as the case

requires.

448 Civil action for dangerous connections to telecommunications

networks etc.

(1) If:

(a) a person:

(i) connects customer equipment, or customer cabling, to a

telecommunications network or to a facility; or

(ii) has under his or her control customer equipment, or

customer cabling, connected to a telecommunications

network or to a facility; and

(b) the equipment or cabling is, or is likely to be, a threat to the

health or safety of persons who:

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

(iv) are otherwise reasonably likely to be affected by the

operation of;

a telecommunications network or a facility; and

(i) the connection of the equipment or cabling to the

network or facility; or

(ii) the equipment or cabling being used while it was so

connected;

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 10 Remedies for unauthorised connections to telecommunications networks

etc.

Section 449

374 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

either:

(iii) damage is caused to the network or the facility; or

(iv) the manager of the network or facility suffers a loss;

the manager of the network or facility may apply to the Federal

Court for the recovery from the person of the amount of the loss or

damage.

(2) An application under subsection (1) must be made within 3 years

after the damage was caused or the loss was suffered, as the case

requires.

449 Other remedies not affected

This Division does not, by implication, affect other remedies.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Prohibited customer equipment and prohibited customer cabling Division 11

Section 450

Telecommunications Act 1997 375

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 11—Prohibited customer equipment and

prohibited customer cabling

450 Declaration of prohibited customer equipment or prohibited

customer cabling

(1) The ACMA may, by legislative instrument, declare that operation

or supply, or possession for the purpose of operation or supply, of:

(a) specified customer equipment; or

(b) specified customer cabling;

is prohibited for the reasons set out in the instrument.

(2) Those reasons must relate to:

(a) the protection of the integrity of a telecommunications

network or of a facility; or

(b) the protection of the health or safety of persons who:

(i) operate; or

(ii) work on; or

(iii) use services supplied by means of; or

(iv) are otherwise reasonably likely to be affected by the

operation of;

a telecommunications network or a facility.

(3) A copy of an instrument under subsection (1) must be published on

the ACMA’s website.

(5) In this section:

supply includes supply (including re-supply) by way of sale,

exchange, lease, hire or hire-purchase.

452 Operation of prohibited customer equipment or customer

cabling

(1) A person must not:

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 11 Prohibited customer equipment and prohibited customer cabling

Section 452

376 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) operate or supply customer equipment, or customer cabling,

in respect of which a declaration is in force under

section 450; or

(b) have in his or her possession customer equipment, or

customer cabling, in respect of which such a declaration is in

force, if the possession is for the purpose of operating or

supplying the equipment or cabling.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 2,000 penalty

units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

(3) In this section:

supply includes supply (including re-supply) by way of sale,

exchange, lease, hire or hire-purchase.

Authorised Version C2017C00179 registered 30/06/2017

Technical regulation Part 21

Pre-commencement labels Division 12

Section 453

Telecommunications Act 1997 377

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 12—Pre-commencement labels

453 Pre-commencement labels

(1) This section applies if:

(a) before the commencement of this section, customer

equipment was labelled in accordance with a condition of a

kind mentioned in paragraph 258(2)(a) of the

Telecommunications Act 1991; and

(b) the label embodied the protected symbol (within the meaning

of section 402A of that Act).

(2) This Part has effect as if:

(a) at the time when the equipment was manufactured or

imported, the manufacturer or importer had been required by

subsection 407(1) to apply the label to the equipment; and

(b) the manufacturer or importer had complied with that

requirement by applying the label to the equipment; and

requirements of each of the section 376 standards that were

applicable to the equipment when it was manufactured or

imported.

Authorised Version C2017C00179 registered 30/06/2017

Part 21 Technical regulation

Division 13 Penalties payable instead of prosecution

Section 453A

378 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 13—Penalties payable instead of prosecution

453A Penalties payable instead of prosecution

(1) The regulations may make provision in relation to enabling a

person who is alleged to have committed an offence of a kind

referred to in the following table to pay to the Commonwealth, as

an alternative to prosecution, a penalty of an amount worked out in

accordance with subsection (2).

(2) The amount of penalty payable to the Commonwealth under

regulations made for the purposes of subsection (1) in respect of an

offence is determined using the following table:

Penalties payable

Item Alleged offence Penalty for

individual

Penalty for body

corporate

1 subsection 399(1) 12 penalty units 60 penalty units

2 subsection 411(2) 12 penalty units 60 penalty units

3 subsection 413(2) 12 penalty units 60 penalty units

4 subsection 414(2) 12 penalty units 60 penalty units

5 subsection 415(2) 12 penalty units 60 penalty units

6 subsection 416(2) 12 penalty units 60 penalty units

7 subsection 417(2) 6 penalty units 30 penalty units

8 subsection 420(2) 12 penalty units 60 penalty units

9 subsection 421(4) 12 penalty units 60 penalty units

10 subsection 434(1) or (2) 12 penalty units 60 penalty units

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Simplified outline Division 1

Section 454

Telecommunications Act 1997 379

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 22—Numbering of carriage services and

regulation of electronic addressing

Division 1—Simplified outline

454 Simplified outline

The following is a simplified outline of this Part:

• The ACMA is required to make a plan for:

(a) the numbering of carriage services in Australia;

and

(b) the use of numbers in connection with the supply

of such services.

• The plan is called the numbering plan.

• Numbers may be allocated to carriage service providers:

(a) in accordance with an allocation system; or

(b) otherwise than in accordance with such a system.

• The numbering plan will specify emergency service numbers.

• The ACMA and the ACCC may give directions to managers

of electronic addressing so long as the electronic addressing is

of public importance.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 455

380 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Numbering of carriage services

Subdivision A—Numbering plan

455 Numbering plan

(1) The ACMA must, by legislative instrument, make a plan for:

(a) the numbering of carriage services in Australia; and

(b) the use of numbers in connection with the supply of such

services.

(2) The plan is called the numbering plan.

(3) The numbering plan must specify the numbers that are for use in

connection with the supply of carriage services to the public in

Australia.

Note: Specification is the “first tier” concept. It operates at the level of a

general specification of numbers.

(4) Different numbers may be specified for use in connection with the

supply of different types of carriage services.

(5) The numbering plan may set out rules about:

(a) the allocation of numbers to carriage service providers; and

(b) the transfer of allocated numbers between carriage service

providers; and

(d) the portability of allocated numbers (including rules about

the maintenance of, and access to, databases that facilitate

portability); and

(e) the use of allocated numbers in connection with the supply of

carriage services to the public in Australia (including rules

about the issue of allocated numbers by carriage service

providers to customers for use in connection with the supply

of carriage services).

Note 1: Allocation is the “second tier” concept. It operates at the level of

particular carriage service providers.

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 455

Telecommunications Act 1997 381

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 2: Issue is the “third tier” concept. It operates at the level of particular

customers of carriage service providers. The issue of an allocated

number to a customer does not affect the allocation of the number to

the carriage service provider concerned.

(6) Rules made for the purposes of paragraph (5)(a) may authorise the

allocation of specified numbers:

(a) in accordance with an allocation system determined under

section 463; or

(b) otherwise than in accordance with such a system.

(7) The numbering plan may make provision for, or in relation to, a

matter by empowering the ACMA to make decisions of an

administrative character.

(8) Subsections (3) to (7) (inclusive) do not, by implication, limit the

matters that may be dealt with by the numbering plan.

(9) The renumbering of a number in accordance with the numbering

plan does not affect the continuity of:

(a) the allocation of the number; or

(b) the issue of the number.

(10) In making or varying the numbering plan, the ACMA must have

regard to:

(a) the obligations imposed on carriage service providers by

Part 4 of the Telecommunications (Consumer Protection and

Service Standards) Act 1999; and

(b) recognised international standards.

This subsection does not, by implication, limit the matters to which

regard may be had.

(12) Despite subsection (1), the ACMA is not required to make a

numbering plan before 1 January 1998.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 456

382 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

456 Numbering plan—supply to the public

(1) This section sets out the circumstances in which a carriage service

is taken, for the purposes of section 455, to be supplied to the

public.

(2) If:

(a) a carriage service is used for the carriage of communications

between 2 end-users; and

(b) each end-user is outside the immediate circle of the supplier

of the service;

the service is supplied to the public.

457 Numbering plan—allocation otherwise than in accordance with

an allocation system

(1) The numbering plan must impose the following requirements in

relation to an application for the allocation of a number otherwise

than in accordance with an allocation system determined under

section 463:

(a) a requirement that the application must be accompanied by

the charge (if any) fixed by a determination under section 60

of the Australian Communications and Media Authority Act

2005;

(b) a requirement that the applicant must tender the amount of

charge (if any) imposed on the allocation by Part 2 of the

Telecommunications (Numbering Charges) Act 1997.

(2) If an applicant tenders an amount as mentioned in paragraph (1)(b),

but the application is not successful, the amount is to be refunded

to the applicant.

458 Numbering plan—rules about portability of allocated numbers

(1) The ACMA must not make a numbering plan that sets out rules

about the matter mentioned in paragraph 455(5)(d) (portability of

allocated numbers) unless the ACMA is directed to do so by the

ACCC under subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 459

Telecommunications Act 1997 383

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The ACCC may give written directions to the ACMA in relation to

the exercise of the power to determine a numbering plan setting out

rules as mentioned in subsection (1).

(3) In exercising the power conferred by subsection (2), the ACCC

must ensure that, at all times when the numbering plan is in force,

the plan sets out rules about the matter mentioned in

paragraph 455(5)(d).

(4) The ACMA must exercise its powers under section 455 in a

manner consistent with any directions given by the ACCC under

subsection (2).

(5) In exercising the power conferred by subsection (2), the ACCC

must have regard to whether portability of particular allocated

numbers is required in order to promote the long-term interests of

end-users of carriage services or of services supplied by means of

carriage services.

(6) For the purposes of this section, 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.

459 ACMA to administer numbering plan

The ACMA has the general administration of the numbering plan.

460 Consultation about numbering plan

(1) Before making a numbering plan, the ACMA must publish on its

website a notice:

(a) stating that the ACMA has prepared a draft of the plan; and

(b) setting out the draft; and

the draft to the ACMA within 90 days after the publication of

the notice.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 461

384 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) If interested persons have given comments about the draft in

accordance with the notice, the ACMA must have due regard to

those comments in making the plan.

(3) If the ACMA is of the opinion:

(a) that a variation of a numbering plan:

(i) will affect a number issued to a customer of a carriage

service provider; and

(ii) is not a variation that, under a written declaration made

by the ACMA under this subparagraph, is taken to be a

minor variation; or

(b) that it is in the public interest that the public should be

consulted about a variation of a numbering plan;

the ACMA must publish on its website a notice:

and

(d) setting out the draft; and

(e) inviting interested persons to give written comments about

the draft to the ACMA within 30 days after the publication of

the notice.

(4) If interested persons have given comments about the draft in

accordance with the notice, the ACMA must have due regard to

those comments in varying the plan.

(4A) A declaration under subparagraph (3)(a)(ii) is a legislative

instrument.

461 Consultation with ACCC

(1) Before making or varying a numbering plan, the ACMA must

consult the ACCC.

(2) The numbering plan may provide that, before exercising a power

conferred on the ACMA by the numbering plan, the ACMA must

consult the ACCC.

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 462

Telecommunications Act 1997 385

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

462 Compliance with the numbering plan

(1) A person who is a carrier or a carriage service provider must

comply with the numbering plan.

(2) If:

(a) a person (the first person) is a carrier or a carriage service

provider; and

(b) the plan requires the first person to provide number

portability in relation to customers of a carriage service

provider;

the first person must comply with that requirement on such terms

and conditions as are:

(i) the first person;

(ii) the carriage service provider; or

(d) 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 section.

(4) The regulations may provide that, for the purposes of a particular

arbitration conducted by the ACCC under this section, 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) Subsection (4) does not, by implication, limit subsection (3).

(6) A determination made in an arbitration under this section must not

be inconsistent with:

(a) the numbering plan; or

(b) with a pricing principles determination.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 463

386 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

For this purpose, a pricing principles determination is a written

determination made by the Minister that sets out principles dealing

with price-related terms and conditions relating to a requirement of

a kind referred to in paragraph (2)(b).

(7) A determination made by the Minister under subsection (6) is a

legislative instrument.

(8) In this section:

price-related terms and conditions means terms and conditions

relating to price or a method of ascertaining price.

Subdivision B—Allocation system for numbers

463 Allocation system for numbers

(1) The ACMA may, by legislative instrument, determine an allocation

system for allocating specified numbers to carriage service

providers.

(2) Before so determining the system, the ACMA must consult the

ACCC.

(3) A system so determined:

(a) may apply generally or in respect of a particular area; and

(b) may require payment of an application fee.

(4) A system so determined may:

(a) impose limits on the quantity of numbers that the ACMA

may allocate to:

(i) any one person; or

(ii) a specified person; or

(b) impose limits on the quantity of numbers that the ACMA

may, in total, allocate to the members of a specified group of

persons.

Note: Persons or groups may be specified by name, by inclusion in a

specified class or in any other way.

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 464

Telecommunications Act 1997 387

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) Subsections (3) and (4) do not, by implication, limit subsection (1).

(6) A system so determined must provide for:

(a) the successful applicant for the allocation of a particular

number; and

(b) an amount, to be known as the eligible amount, in relation to

the allocation of that number;

to be determined by reference to the results of:

(d) a public auction; or

(e) another process;

carried out or conducted as provided by the system.

(7) The ACMA may enter into an arrangement with a person about the

collection, on behalf of the ACMA, of fees of a kind referred to in

subsection (3).

464 Consultation about an allocation system

(1) Before determining or varying an allocation system under

section 463, the ACMA must publish on its website a notice:

(a) stating that the ACMA has prepared a draft of the plan or

variation; and

(b) setting out the draft; and

the draft to the ACMA within 30 days after the publication of

the notice.

(2) If interested persons have given comments about the draft in

accordance with the notice, the ACMA must have due regard to

those comments in determining or varying the system, as the case

may be.

(3) Subsection (1) does not apply to a variation if the variation is of a

minor nature.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 465

388 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Subdivision C—Miscellaneous

465 Register of allocated numbers

(1) For the purposes of this section, the designated authority is:

(a) the ACMA; or

(b) if the ACMA enters into an arrangement with another person

under which the other person agrees to perform the functions

conferred on the designated authority by this section—that

other person.

Note: An arrangement under paragraph (b) may provide for the payment of

amounts by the ACMA to the other person.

(2) The designated authority is to maintain a Register in which the

designated authority includes:

(a) particulars of numbers that have been allocated to carriage

service providers under the authority of the numbering plan;

and

(b) in the case of a number that has been allocated in accordance

with an allocation system determined under section 463:

(i) the name of the successful applicant for the allocation;

and

(ii) the eligible amount in relation to the allocation of the

number; and

than in accordance with such a system—the names of the

persons to whom the numbers were allocated.

(3) The designated authority may include in the Register particulars

relating to numbers that are taken, for the purposes of Part 3 of the

Telecommunications (Numbering Charges) Act 1997, to be held by

carriage service providers. Those particulars are to include the

names of the carriage service providers concerned.

(4) The Register may be maintained by electronic means.

(5) If the ACMA is the designated authority, a person may, on

payment of the charge (if any) fixed by a determination under

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 466

Telecommunications Act 1997 389

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

section 60 of the Australian Communications and Media Authority

Act 2005:

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

(6) If the ACMA is not the designated authority, a person may, on

payment to the designated authority of the fee (if any) specified in

the regulations:

(a) inspect the Register; and

(b) make a copy of, or take extracts from, the Register.

(7) For the purposes of this section, if the Register is maintained by

electronic means, a person is taken to have made a copy of, or

taken an extract from, the Register if the designated authority gives

the person a printout of, or of the relevant parts of, the Register.

(8) If a person requests that a copy be provided in an electronic form,

the designated authority may provide the relevant information:

(a) on a data processing device; or

(b) by way of electronic transmission.

466 Emergency service numbers

(1) The object of this section is to identify numbers for the purpose of

calling an emergency call service in connection with emergencies

that are likely to require the provision of assistance by any or all of

the following services:

(a) a police force or service;

(b) a fire service;

(d) a service specified in the numbering plan for the purposes of

this paragraph.

(2) For the purposes of this Act, an emergency service number is a

number specified in the numbering plan for the purposes of this

subsection.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 467

390 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) The numbering plan may specify different numbers for use in

different areas.

(4) The numbering plan may specify different numbers for use in

connection with different types of services.

(5) The numbering plan may set out rules about the use of emergency

service numbers.

(6) In making the numbering plan, the ACMA must have regard to the

objective that, as far as practicable, there should be no more than

one emergency service number for use throughout Australia.

(7) Subsection (6) does not, by implication, limit section 455.

467 Delegation

(1) The ACMA may, by writing, delegate any or all of the powers

conferred on the ACMA by the numbering plan to a body

corporate.

(1A) If, under section 50 of the Australian Communications and Media

Authority Act 2005, the ACMA has delegated a power referred to

in subsection (1) to a Division of the ACMA, the following

provisions have effect:

(a) the Division may delegate the power to a body corporate;

(b) subsections 52(2), (3), (4), (5) and (6) of the Australian

Communications and Media Authority Act 2005 have effect

as if the delegation by the Division were a delegation under

section 52 of that Act.

(2) The delegate is, in the exercise of a delegated power, subject to the

written directions of:

(a) the ACMA, if the delegation to the delegate was under

subsection (1); or

(b) the Division that delegated the power, if the delegation to the

delegate was under subsection (1A).

(3) Before giving a direction under subsection (2), the ACMA or the

Division (as the case requires) must consult the ACCC.

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 468

Telecommunications Act 1997 391

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) The powers conferred on the ACMA by subsection (1), and on a

Division of the ACMA by subsection (1A), are in addition to the

powers conferred by sections 50, 51 and 52 of the Australian

Communications and Media Authority Act 2005.

468 Collection of numbering charges

Definitions

(1) In this section:

allocation charge means a charge imposed by Part 2 of the

Telecommunications (Numbering Charges) Act 1997.

annual charge means a charge imposed by Part 3 of the

Telecommunications (Numbering Charges) Act 1997.

late payment penalty means an amount that is payable by way of

penalty in accordance with a determination under subsection (4).

When allocation charge due and payable

(2) An allocation charge imposed on the allocation of a number is due

and payable when the number is allocated.

When annual charge due and payable

(3) An annual charge is due and payable at the time ascertained in

accordance with a written determination made by the ACMA.

Late payment penalty

(4) The ACMA may, by written instrument, determine that, if any

annual charge payable by a person remains unpaid after the time

when it became due for payment, the person is liable to pay to the

Commonwealth, by way of penalty, an amount calculated at the

rate of:

(a) 20% per annum; or

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 468

392 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) if the determination specifies a lower percentage—that lower

percentage per annum;

on the amount unpaid, computed from that time.

Determination has effect

(5) A determination under subsection (4) has effect accordingly.

Remission of penalty

(6) A determination under subsection (4) may authorise the ACMA to

make decisions about the remission of the whole or a part of an

amount of late payment penalty.

Payment of charge and late payment penalty

(7) Allocation charge, annual charge and late payment penalty are

payable to the ACMA on behalf of the Commonwealth.

Recovery of charge and penalty

(8) Allocation charge, annual charge and late payment penalty may be

recovered by the ACMA, on behalf of the Commonwealth, as debts

due to the Commonwealth.

Payment to the Commonwealth

(9) Amounts received by way of allocation charge, annual charge or

late payment penalty must be paid to the Commonwealth.

Withdrawal of number for non-payment of annual charge

(10) If any annual charge payable by a person in relation to a number

remains unpaid after the time when it became due for payment, the

ACMA may, by written notice given to the person, withdraw the

number. Such a withdrawal is taken to be in accordance with the

numbering plan.

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 469

Telecommunications Act 1997 393

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Legislative instrument

(11) A determination under subsection (3) or (4) is a legislative

instrument.

469 Collection of charges on behalf of the Commonwealth

The ACMA may enter into an arrangement with a person under

which the person may, on behalf of the Commonwealth, collect

payments of charge imposed by the Telecommunications

(Numbering Charges) Act 1997.

470 Cancellation of certain exemptions from charge

(1) This section cancels the effect of a provision of another Act that

would have the effect of exempting a person from liability to pay

charge imposed by the Telecommunications (Numbering Charges)

Act 1997.

(2) The cancellation does not apply if the provision of the other Act is

enacted after the commencement of this section and refers

specifically to charge imposed by the Telecommunications

(Numbering Charges) Act 1997.

471 Commonwealth not liable to charge

(1) The Commonwealth is not liable to pay charge imposed by the

Telecommunications (Numbering Charges) Act 1997.

(2) Even though the Commonwealth is not liable to pay charge

imposed by Division 1 of Part 2 of the Telecommunications

(Numbering Charges) Act 1997, it is the intention of the Parliament

that the following should be notionally liable for such a charge:

(a) a Department of State;

(b) a Department of the Parliament established under the

Parliamentary Service Act 1999;

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 2 Numbering of carriage services

Section 472

394 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

which a person has, under an Act, the powers of, or

exercisable by, the Secretary of a Department of the

Australian Public Service;

(d) an authority of the Commonwealth that cannot, by a law of

the Commonwealth, be made liable to taxation by the

Commonwealth.

(3) The Finance Minister may give such written directions as are

necessary or convenient to be given for carrying out or giving

effect to subsection (2) and, in particular, may give directions in

relation to the transfer of money within the Public Account.

(4) Directions under subsection (3) have effect, and must be complied

with, despite any other law of the Commonwealth.

(5) A reference in this section to the Commonwealth includes a

reference to an authority of the Commonwealth that cannot, by a

law of the Commonwealth, be made liable to taxation by the

Commonwealth.

472 Integrated public number database

(1) The Minister may, by legislative instrument, determine that a

specified person (other than Telstra) is to provide and maintain an

integrated public number database.

(2) If a determination is in force under subsection (1) in relation to a

person, the person must comply with the determination.

(3) If a determination is in force under subsection (1) in relation to a

person, the Minister may, by written notice given to the person,

direct the person to do, or refrain from doing, a specified act or

thing relating to the provision or maintenance of the integrated

public number database.

(4) A direction under subsection (3) may require the database to

include specified information. This subsection does not, by

implication, limit subsection (3).

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Numbering of carriage services Division 2

Section 473

Telecommunications Act 1997 395

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) A determination under subsection (1) has no effect if Telstra is

obliged by a condition of a carrier licence to provide and maintain

an integrated public number database.

(7) In this section:

public number means a number specified in the numbering plan as

mentioned in subsection 455(3).

473 Letters and symbols taken to be numbers

For the purposes of this Division, a letter or a symbol is taken to be

a number.

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 3 Regulation of electronic addressing

Section 474

396 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Regulation of electronic addressing

474 Declared manager of electronic addressing

(1) The ACMA may, by notice in the Gazette, determine that, for the

purposes of this Division, a specified person or association is a

declared manager of electronic addressing in relation to a

specified kind of electronic addressing and a specified kind of

listed carriage service.

(2) The determination has effect accordingly.

(3) The ACMA must not make a determination under subsection (1) in

relation to a particular person or association unless:

(a) the ACMA is directed to do so by the ACCC under

subsection (4); or

(b) the ACMA considers that the person or association is not

managing that kind of electronic addressing to the ACMA’s

satisfaction.

(4) The ACCC may give written directions to the ACMA in relation to

the exercise of the power conferred by subsection (1).

(5) The ACMA must exercise its powers under subsection (1) in a

manner consistent with directions given by the ACCC under

subsection (4).

(6) The ACCC must not give a direction under subsection (4) unless,

in the ACCC’s opinion, compliance with the direction is likely to

have a bearing on competition or consumer protection.

475 ACMA may give directions to declared manager of electronic

addressing

(1) The ACMA may, by written notice given to a declared manager of

electronic addressing in relation to a particular kind of electronic

addressing and a particular kind of listed carriage service, direct

the manager to do, or refrain from doing, a specified act or thing

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Regulation of electronic addressing Division 3

Section 476

Telecommunications Act 1997 397

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

relating to that kind of electronic addressing and that kind of

carriage service.

(2) The ACMA must not give a direction under this section unless, in

the ACMA’s opinion, the electronic addressing is of public

importance.

(3) In determining whether the kind of electronic addressing is of

public importance, the ACMA must have regard to the extent to

which the addressing is of significant social and/or economic

importance.

(4) Subsection (3) does not, by implication, limit the matters to which

the ACMA may have regard.

(5) Before giving a direction under this section, the ACMA must

consult the ACCC.

(6) A person must comply with a direction under this section.

(7) A person commits an offence if:

(a) the person has been given a direction under this section; and

(b) the person engages in conduct; and

Penalty: 10 penalty units.

(8) A direction under this section is a legislative instrument.

(9) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

476 ACCC may give directions to declared manager of electronic

addressing

(1) The ACCC may, by written notice given to a declared manager of

electronic addressing in relation to a particular kind of electronic

Authorised Version C2017C00179 registered 30/06/2017

Part 22 Numbering of carriage services and regulation of electronic addressing

Division 3 Regulation of electronic addressing

Section 476

398 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

addressing and a particular kind of listed carriage service, direct

the manager to do, or refrain from doing, a specified act or thing

relating to that kind of electronic addressing and that kind of

carriage service.

(2) The ACCC must not give a direction under this section unless, in

the ACCC’s opinion:

(a) the electronic addressing is of public importance; and

(b) compliance with the direction is likely to have a bearing on

competition or consumer protection.

(3) In determining whether the kind of electronic addressing is of

public importance, the ACCC must have regard to the extent to

which the addressing is of significant social and/or economic

importance.

(4) Subsection (3) does not, by implication, limit the matters to which

the ACCC may have regard.

(5) Before giving a direction under this section, the ACCC must

consult the ACMA.

(6) A person must comply with a direction under this section.

(7) A person commits an offence if:

(a) the person has been given a direction under this section; and

(b) the person engages in conduct; and

Penalty: 10 penalty units.

(8) A direction under this section is a legislative instrument.

(9) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

Authorised Version C2017C00179 registered 30/06/2017

Numbering of carriage services and regulation of electronic addressing Part 22

Regulation of electronic addressing Division 3

Section 477

Telecommunications Act 1997 399

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

477 ACCC’s directions to prevail over the ACMA’s directions

A direction given by the ACMA under section 475 has no effect to

the extent to which it is inconsistent with a direction given by the

ACCC under section 476.

Authorised Version C2017C00179 registered 30/06/2017

Part 23 Standard agreements for the supply of carriage services

Section 478

400 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 23—Standard agreements for the supply of

carriage services

478 Simplified outline

The following is a simplified outline of this Part:

• The terms and conditions on which certain

telecommunications-related goods and services are supplied

are:

(a) as agreed between the supplier and the customer;

(b) failing agreement, set out in a standard form of

agreement formulated for the purposes of this Part.

479 Standard terms and conditions apply unless excluded

(1) This section applies to the supply to an ordinary person by a

carriage service provider of:

(a) a standard telephone service; or

(b) a carriage service of a kind specified in the regulations; or

(d) an ancillary service of a kind specified in the regulations.

(2) The terms and conditions on which the goods or services are

supplied are:

(a) so far as the provider and the person agree on the terms and

conditions on which the goods or services are supplied—the

agreed terms and conditions; and

(b) if the provider and the person do not agree on terms and

conditions, but terms and conditions are set out in a standard

form of agreement that:

Authorised Version C2017C00179 registered 30/06/2017

Standard agreements for the supply of carriage services Part 23

Section 482

Telecommunications Act 1997 401

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) is formulated by the provider for the purpose of this

section; and

(ii) relates to the goods or services; and

(iii) is in force at the time of the supply;

the terms and conditions so set out, so far as they are

applicable to the supply of the goods or services.

(3) Subsection (2) has effect subject to any express provision of this

Act or any other Act.

(4) In this section:

ancillary goods means goods for use in connection with a carriage

service.

ancillary service means a service for use in connection with a

carriage service.

ordinary person means a person other than a carrier or a carriage

service provider.

terms and conditions, in relation to the supply of goods or

services, includes:

(a) charges for the supply of the goods or services; and

(b) any discounts, allowances, rebates or credits given or allowed

in relation to the supply of the goods or services; and

otherwise) payable or given in relation to the supply of the

goods or services; and

(d) the supply of other goods or services, where the other goods

or services are supplied in connection with the

first-mentioned goods or services; and

(e) the making of payments for such other goods or services.

482 Concurrent operation of State/Territory laws

This Part does not prevent or limit the operation of a law of a State

or Territory that is capable of operating concurrently with this Part.

Authorised Version C2017C00179 registered 30/06/2017

Part 23 Standard agreements for the supply of carriage services

Section 483

402 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

483 Competition and Consumer Act not affected by this Part

This Part has no effect to the extent (if any) to which it is

inconsistent with the Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Carriers’ powers and immunities Part 24

Section 484

Telecommunications Act 1997 403

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 24—Carriers’ powers and immunities

484 Schedule 3

Schedule 3 has effect.

Authorised Version C2017C00179 registered 30/06/2017

Part 24A Submarine cables

Section 484A

404 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 24A—Submarine cables

484A Schedule 3A

Schedule 3A has effect.

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Simplified outline Division 1

Section 485

Telecommunications Act 1997 405

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 25—Public inquiries

Division 1—Simplified outline

485 Simplified outline

The following is a simplified outline of this Part:

• The ACMA and the ACCC may hold public inquiries about

certain matters relating to telecommunications.

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 2 Inquiries by the ACMA

Section 486

406 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Inquiries by the ACMA

486 When inquiry must be held

(1) The Minister may give the ACMA a written direction to hold a

public inquiry under this Division about a specified matter

concerning:

(a) carriage services; or

(b) content services; or

(2) The Minister must not give the ACMA a direction under

subsection (1) to hold a public inquiry about a matter concerning

the content of a content service.

(3) If the Minister gives a direction under subsection (1) about a

particular public inquiry, the Minister may direct the ACMA to:

(a) consult with one or more specified persons, bodies or

agencies in connection with the conduct of the inquiry; and

(b) have regard to one or more specified matters in connection

with the conduct of the inquiry.

(4) The ACMA must comply with a direction under this section.

487 When inquiry may be held

(1) This section applies if the ACMA considers that it is appropriate

and practicable to hold a public inquiry under this Division about a

matter relating to:

(a) the performance of any of the ACMA’s telecommunications

functions; or

(b) the exercise of any of the ACMA’s telecommunications

powers.

(2) The ACMA may hold such an inquiry about the matter.

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACMA Division 2

Section 488

Telecommunications Act 1997 407

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

488 Informing the public about an inquiry

(1) If the ACMA holds a public inquiry, it must publish, in whatever

ways it thinks appropriate, notice of:

(a) the fact that it is holding the inquiry; and

(b) the period during which the inquiry is to be held; and

(d) the period within which, and the form in which, members of

the public may make submissions to the ACMA about that

matter; and

(e) the matters that the ACMA would like such submissions to

deal with; and

(f) the address or addresses to which submissions may be sent.

(2) The ACMA need not publish at the same time or in the same way

notice of all the matters referred to in subsection (1).

489 Discussion paper

(1) After deciding to hold a public inquiry about a matter, the ACMA

may cause to be prepared a discussion paper that:

(a) identifies the issues that, in the ACMA’s opinion, are

relevant to that matter; and

(b) sets out such background material about, and discussion of,

those issues as the ACMA thinks appropriate.

(2) The ACMA must make copies of the discussion paper available at

each of the ACMA’s offices. The ACMA may charge a reasonable

price for supplying copies of the discussion paper in accordance

with this subsection.

(3) The ACMA may otherwise publish the discussion paper, including

in electronic form. The ACMA may charge for supplying a

publication under this subsection in accordance with a

determination under section 60 of the Australian Communications

and Media Authority Act 2005.

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 2 Inquiries by the ACMA

Section 490

408 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

490 Written submissions and protection from civil actions

(1) The ACMA must provide a reasonable opportunity for any

member of the public to make a written submission to the ACMA

about the matter to which a public inquiry relates.

(2) For the purposes of subsection (1), the ACMA is taken not to have

provided a reasonable opportunity to make submissions unless

there was a period of at least 28 days during which the submissions

could be made.

(3) Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of the making in good faith of a statement, or the giving in good

faith of a document or information, to the ACMA in connection

with a public inquiry under this Division.

(4) The rule in subsection (3) applies whether or not the statement is

made, or the document or information is given, in connection with

a written submission or a public hearing.

491 Hearings

(1) The ACMA may hold hearings for the purposes of a public inquiry.

(2) Hearings may be held, for example:

(a) in order to receive submissions about the matter to which the

inquiry relates; or

(b) in order to provide a forum for public discussion of issues

relevant to that matter.

(3) At a hearing, the ACMA may be constituted by:

(a) a member or members determined in writing by the Chair for

the purposes of that hearing; or

(b) if the functions or powers of the ACMA in relation to the

hearing have been delegated to a person, or to a Division of

the ACMA, under section 50, 51 or 52 of the Australian

Communications and Media Authority Act 2005—that person

or Division.

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACMA Division 2

Section 492

Telecommunications Act 1997 409

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) The Chair is to preside at all hearings at which he or she is present.

(5) If the Chair is not present at a hearing, the hearing is to be presided

over by:

(a) if paragraph (3)(a) applies—the member, specified in an

instrument under that paragraph, as the member who is to

preside at the hearing; or

(b) if paragraph (3)(b) applies and the delegation is to a person—

that person; or

of the ACMA—a member of the Division chosen by the

Division.

(6) The ACMA may regulate the conduct of proceedings at a hearing

as it thinks appropriate.

492 Hearing to be in public except in exceptional cases

(1) This section applies to a hearing conducted under this Division.

(2) The basic rule is that the hearing must take place in public.

(3) However, the hearing, or a part of the hearing, may be conducted

in private if the ACMA is satisfied that:

(a) evidence that may be given, or a matter that may arise, during

the hearing or a part of the hearing is of a confidential nature;

(b) hearing a matter, or part of a matter, in public would not be

conducive to the due administration of this Act.

(4) If the hearing is to be conducted in public, the ACMA must give

reasonable public notice of the conduct of the hearing.

(5) In this section:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 2 Inquiries by the ACMA

Section 493

410 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Act.

493 Confidential material not to be published

(1) This section applies to a hearing conducted under this Division.

(2) If:

(a) the hearing, or a part of the hearing, takes place in public;

and

(b) the ACMA is of the opinion that:

(i) evidence or other material presented to the hearing; or

(ii) material in a written submission lodged with the

ACMA;

is of a confidential nature;

the ACMA may order that:

(d) its disclosure be restricted.

(3) A person must not fail to comply with an order under

subsection (2).

(4) A person commits an offence if:

(a) the ACMA has made an order under subsection (2); and

(b) the person engages in conduct; and

Penalty: 50 penalty units.

(5) Subsections (3) and (4) do not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (5) (see subsection 13.3(3) of the Criminal Code).

(6) In this section:

engage in conduct means:

(a) do an act; or

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACMA Division 2

Section 494

Telecommunications Act 1997 411

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) omit to perform an act.

494 Direction about private hearings

(1) This section applies to a hearing conducted under this Division.

(2) If the hearing, or a part of the hearing, takes place in private, the

ACMA:

(a) must give directions as to the persons who may be present at

the hearing or the part of the hearing; and

(b) may give directions restricting the disclosure of evidence or

other material presented at the hearing or the part of the

hearing.

(3) A person must not fail to comply with a direction under

subsection (2).

(4) A person commits an offence if:

(a) the ACMA has given a direction under paragraph (2)(a); and

(b) the person engages in conduct; and

Penalty: 10 penalty units.

(5) A person commits an offence if:

(a) the ACMA has given a direction under paragraph (2)(b); and

(b) the person engages in conduct; and

Penalty: 50 penalty units.

(6) Subsections (3), (4) and (5) do not apply if the person has a

reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (6) (see subsection 13.3(3) of the Criminal Code).

(7) In this section:

engage in conduct means:

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 2 Inquiries by the ACMA

Section 495

412 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) do an act; or

(b) omit to perform an act.

495 Reports on inquiries

(1) If the ACMA holds a public inquiry, the ACMA must prepare a

report setting out its findings as a result of the inquiry.

(2) If the inquiry was held because of a direction given by the Minister

under section 486, the ACMA must give a copy of the report to the

Minister.

(3) If the inquiry was held otherwise than because of a direction given

by the Minister under section 486, the ACMA must publish the

report.

(4) The ACMA is not required to include in a report any material:

(a) that is of a confidential nature; or

(b) the disclosure of which is likely to prejudice the fair trial of a

person; or

or 494.

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACCC Division 3

Section 496

Telecommunications Act 1997 413

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Inquiries by the ACCC

496 When inquiry must be held

(1) The Minister may give the ACCC a written direction to hold a

public inquiry under this Division about a specified matter

concerning:

(a) carriage services; or

(b) content services; or

(2) The Minister must not give the ACCC a direction under

subsection (1) to hold a public inquiry about a matter concerning

the content of a content service.

(3) If the Minister gives a direction under subsection (1) about a

particular public inquiry, the Minister may direct the ACCC to:

(a) consult with one or more specified persons, bodies or

agencies in connection with the conduct of the inquiry; and

(b) have regard to one or more specified matters in connection

with the conduct of the inquiry.

(4) The ACCC must comply with a direction under this section.

497 When inquiry may be held

(1) This section applies if the ACCC considers that it is appropriate

and practicable to hold a public inquiry under this Division about a

matter relating to the ACCC’s telecommunications functions and

powers.

(2) The ACCC may hold such an inquiry about the matter.

498 Informing the public about an inquiry

(1) If the ACCC holds a public inquiry, it must publish, in whatever

ways it thinks appropriate, notice of:

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 3 Inquiries by the ACCC

Section 499

414 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the fact that it is holding the inquiry; and

(b) the period during which the inquiry is to be held; and

(d) the period within which, and the form in which, members of

the public may make submissions to the ACCC about that

matter; and

(e) the matters that the ACCC would like such submissions to

deal with; and

(f) the address or addresses to which submissions may be sent.

(2) The ACCC need not publish at the same time or in the same way

notice of all the matters referred to in subsection (1).

499 Discussion paper

(1) After deciding to hold a public inquiry about a matter, the ACCC

may cause to be prepared a discussion paper that:

(a) identifies the issues that, in the ACCC’s opinion, are relevant

to that matter; and

(b) sets out such background material about, and discussion of,

those issues as the ACCC thinks appropriate.

(2) The ACCC must make copies of the discussion paper available at

each of the ACCC offices. The ACCC may charge a reasonable

price for supplying copies of the discussion paper in accordance

with this subsection.

(3) The ACCC may otherwise publish the discussion paper, including

in electronic form. The ACCC may charge a fee for supplying a

publication under this subsection.

500 Written submissions and protection from civil actions

(1) The ACCC must provide a reasonable opportunity for any member

of the public to make a written submission to the ACCC about the

matter to which a public inquiry relates.

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACCC Division 3

Section 501

Telecommunications Act 1997 415

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) For the purposes of subsection (1), the ACCC is taken not to have

provided a reasonable opportunity to make submissions unless

there was a period of at least 28 days during which the submissions

could be made.

(3) Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of the making in good faith of a statement, or the giving in good

faith of a document or information, to the ACCC in connection

with a public inquiry under this Division.

(4) The rule in subsection (3) applies whether or not the statement is

made, or the document or information is given, in connection with

a written submission or a public hearing.

501 Hearings

(1) The ACCC may hold hearings for the purposes of a public inquiry.

(2) Hearings may be held, for example:

(a) in order to receive submissions about the matter to which the

inquiry relates; or

(b) in order to provide a forum for public discussion of issues

relevant to that matter.

(3) At a hearing, the ACCC may be constituted by a member or

members determined in writing by the Chairperson for the

purposes of that hearing.

(4) The Chairperson is to preside at all hearings at which he or she is

present.

(5) If the Chairperson is not present at a hearing, the member

specified, in an instrument under subsection (3), as the member

who is to preside at the hearing is to preside.

(6) The ACCC may regulate the conduct of proceedings at a hearing as

it thinks appropriate.

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 3 Inquiries by the ACCC

Section 502

416 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

502 Hearing to be in public except in exceptional cases

(1) This section applies to a hearing conducted under this Division.

(2) The basic rule is that the hearing must take place in public.

(3) However, the hearing, or a part of the hearing, may be conducted

in private if the ACCC is satisfied that:

(a) evidence that may be given, or a matter that may arise, during

the hearing or a part of the hearing is of a confidential nature;

(b) hearing a matter, or part of a matter, in public would not be

conducive to the due administration of this Act.

(4) If the hearing is to be conducted in public, the ACCC must give

reasonable public notice of the conduct of the hearing.

(5) In this section:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

503 Confidential material not to be published

(1) This section applies to a hearing conducted under this Division.

(2) If:

(a) the hearing, or a part of the hearing, takes place in public;

and

(b) the ACCC is of the opinion that:

(i) evidence or other material presented to the hearing; or

(ii) material in a written submission lodged with the ACCC;

is of a confidential nature;

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACCC Division 3

Section 504

Telecommunications Act 1997 417

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the ACCC may order that:

(d) its disclosure be restricted.

(3) A person must not fail to comply with an order under

subsection (2).

(4) A person commits an offence if:

(a) the ACCC has made an order under subsection (2); and

(b) the person engages in conduct; and

Penalty: 50 penalty units.

(5) Subsections (3) and (4) do not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (5) (see subsection 13.3(3) of the Criminal Code).

(6) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

504 Direction about private hearings

(1) This section applies to a hearing conducted under this Division.

(2) If the hearing, or a part of the hearing, takes place in private, the

ACCC:

(a) must give directions as to the persons who may be present at

the hearing or the part of the hearing; and

(b) may give directions restricting the disclosure of evidence or

other material presented at the hearing or the part of the

hearing.

(3) A person must not fail to comply with a direction under

subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 3 Inquiries by the ACCC

Section 505

418 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) A person commits an offence if:

(a) the ACCC has given a direction under paragraph (2)(a); and

(b) the person engages in conduct; and

Penalty: 10 penalty units.

(5) A person commits an offence if:

(a) the ACCC has given a direction under paragraph (2)(b); and

(b) the person engages in conduct; and

Penalty: 50 penalty units.

(6) Subsections (3), (4) and (5) do not apply if the person has a

reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (6) (see subsection 13.3(3) of the Criminal Code).

(7) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

505 Reports on inquiries

(1) If the ACCC holds a public inquiry, the ACCC must prepare a

report setting out its findings as a result of the inquiry.

(2) If the inquiry was held because of a direction given by the Minister

under section 496, the ACCC must give a copy of the report to the

Minister.

(3) If the inquiry was held otherwise than because of a direction given

by the Minister under section 496, the ACCC must publish the

report.

(4) The ACCC is not required to include in a report any material:

Authorised Version C2017C00179 registered 30/06/2017

Public inquiries Part 25

Inquiries by the ACCC Division 3

Section 505A

Telecommunications Act 1997 419

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) that is of a confidential nature; or

(b) the disclosure of which is likely to prejudice the fair trial of a

person; or

or 504.

505A ACCC may use material presented to a previous public

inquiry

(1) This section applies if:

(a) the ACCC has held a public inquiry (the original inquiry)

under this Part; and

(b) any of the following subparagraphs applies:

(i) evidence or other material was presented to a hearing

for the purposes of the original inquiry;

(ii) a written submission was lodged with the ACCC for the

purposes of the original inquiry;

(iii) any other information obtained by the ACCC was used

by the ACCC for the purposes of the original inquiry;

and

(2) The ACCC may:

(a) in the case of evidence or other material presented to a

hearing—treat the whole or a part of the evidence or other

material as if it had also been presented to a hearing for the

purposes of the other public inquiry; or

(b) in the case of a written submission lodged with the ACCC—

treat the whole or a part of the written submission as if it had

also been lodged with the ACCC for the purposes of the

other public inquiry; or

use the whole or a part of the information for the purposes of

the other public inquiry.

Authorised Version C2017C00179 registered 30/06/2017

Part 25 Public inquiries

Division 3 Inquiries by the ACCC

Section 505B

420 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) This section does not, by implication, limit the information that

may be used by the ACCC for the purposes of a public inquiry

under this Part.

505B ACCC may adopt a finding from a previous public inquiry

If:

(a) the ACCC has held a public inquiry (the original inquiry)

under this Part; and

(b) the ACCC has prepared a report about the original inquiry

under section 505; and

the ACCC may, for the purposes of the other public inquiry, adopt

a finding set out in the report about the original inquiry.

506 ACCC’s other powers not limited

This Division does not, by implication, limit the powers conferred

on the ACCC by the Competition and Consumer Act 2010.

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 507

Telecommunications Act 1997 421

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 26—Investigations

507 Simplified outline

The following is a simplified outline of this Part:

• The ACMA may investigate certain matters relating to

telecommunications.

508 Matters to which this Part applies

This Part applies to the following matters:

(a) a contravention of this Act;

(aa) a contravention of the Telecommunications (Consumer

Protection and Service Standards) Act 1999 or regulations

under that Act;

(ab) a contravention of the Spam Act 2003 or regulations under

that Act;

(ac) a contravention of the Do Not Call Register Act 2006 or

regulations under that Act;

(b) a contravention of a code registered under Part 6;

obligation, or discharge a liability, under Part 5 of the

Telecommunications (Consumer Protection and Service

Standards) Act 1999;

(d) a matter relating to the supply of, or a refusal or failure to

supply, a carriage service;

(e) a matter relating to the connection of, or a refusal or failure to

connect, customer equipment;

(f) a matter relating to the performance of the ACMA’s

telecommunications functions, or the exercise of the

ACMA’s telecommunications powers;

except to the extent (if any) to which the matter relates to the

content of a content service.

Authorised Version C2017C00179 registered 30/06/2017

Part 26 Investigations

Section 509

422 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

509 Complaints to the ACMA

(1) A person may complain to the ACMA about a matter.

(2) A complaint must be in writing.

(3) A complaint must specify, as the respondent in respect of the

complaint, the person against whom the complaint is made.

(4) If it appears to the ACMA that:

(a) a person wishes to make a complaint; and

(b) the person requires assistance to formulate the complaint or

to reduce it to writing;

it is the duty of the ACMA to take reasonable steps to provide

appropriate assistance to the person.

(5) If it appears to the ACMA that:

(a) a person (the first person) wishes to make a complaint about:

(i) a contravention of a code registered under Part 6, where

the code applies to participants in a section of the

telemarketing industry (within the meaning of Part 6)

and deals with one or more matters relating to the

telemarketing activities (within the meaning of Part 6)

of those participants; or

(ii) a contravention of section 128 in relation to an industry

standard, where the standard applies to participants in a

section of the telemarketing industry (within the

meaning of Part 6) and deals with one or more matters

relating to the telemarketing activities (within the

meaning of Part 6) of those participants; or

(iii) a contravention of the Do Not Call Register Act 2006 or

regulations under that Act; and

(b) the complaint relates to a voice call (within the meaning of

the Do Not Call Register Act 2006) made, or attempted to be

made, to an Australian number; and

identify:

(i) the person who made, or attempted to make, the call; or

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 509

Telecommunications Act 1997 423

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) the person who caused the call to be made or attempted;

and

(d) the first person gives the ACMA such information about the

call as the ACMA requires;

it is the duty of the ACMA to take reasonable steps to assist the

first person to identify whichever of the following is applicable:

(e) the person who made, or attempted to make, the call;

(f) the person who caused the call to be made or attempted.

(6) Subsection (5) does not limit subsection (4).

(7) If it appears to the ACMA that:

(a) a person (the first person) wishes to make a complaint about:

(i) a contravention of a code registered under Part 6, where

the code applies to participants in a section of the fax

marketing industry (within the meaning of Part 6) and

deals with one or more matters relating to the fax

marketing activities (within the meaning of Part 6) of

those participants; or

(ii) a contravention of section 128 in relation to an industry

standard, where the standard applies to participants in a

section of the fax marketing industry (within the

meaning of Part 6) and deals with one or more matters

relating to the fax marketing activities (within the

meaning of Part 6) of those participants; or

(iii) a contravention of the Do Not Call Register Act 2006 or

regulations under that Act; and

(b) the complaint relates to a marketing fax sent, or attempted to

be sent, to an Australian number; and

identify:

(i) the person who sent, or attempted to send, the fax; or

(ii) the person who caused the fax to be sent or attempted;

and

(d) the first person gives the ACMA such information about the

fax as the ACMA requires;

Authorised Version C2017C00179 registered 30/06/2017

Part 26 Investigations

Section 510

424 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

it is the duty of the ACMA to take reasonable steps to assist the

first person to identify whichever of the following is applicable:

(e) the person who sent, or attempted to send, the fax;

(f) the person who caused the fax to be sent or attempted.

(8) Subsection (7) does not limit subsection (4).

510 Investigations by the ACMA

(1) The ACMA may investigate a matter of a kind referred to in

section 508 if:

(a) in the case of a matter covered by paragraph 508(a)—the

ACMA has reason to suspect that a person may have

contravened this Act; or

(aa) in the case of a matter covered by paragraph 508(aa)—the

ACMA has reason to suspect that a person may have

contravened the Telecommunications (Consumer Protection

and Service Standards) Act 1999 or regulations under that

Act; or

(ab) in the case of a matter covered by paragraph 508(ab)—the

ACMA has reason to suspect that a person may have

contravened the Spam Act 2003 or regulations under that Act;

(ac) in the case of a matter covered by paragraph 508(ac)—the

ACMA has reason to suspect that a person may have

contravened the Do Not Call Register Act 2006 or regulations

under that Act; or

(b) in any case—a complaint is made under section 509; or

investigate the matter.

(2) The ACMA must not conduct such an investigation if it thinks that

the subject matter of the investigation would not be a matter

relevant to the performance of any of its functions.

(3) The ACMA must investigate:

(a) a matter of a kind referred to in section 508; or

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 511

Telecommunications Act 1997 425

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) any other matter concerning carriage services or the

telecommunications industry;

if the Minister requests the ACMA so to investigate.

511 Preliminary inquiries

If a complaint has been made to the ACMA under section 509, the

ACMA may make inquiries of the respondent for the purposes of

determining:

(a) whether the ACMA has power to investigate the matter to

which the complaint relates; or

(b) whether the ACMA should, in its discretion, investigate the

matter.

512 Conduct of investigations

(1) Before beginning an investigation of a matter to which a complaint

relates, the ACMA must inform the respondent that the matter is to

be investigated.

(1A) However, the ACMA is not required to inform the respondent that

the matter is to be investigated if:

(a) the matter relates to a possible breach of:

(i) the Spam Act 2003 or regulations under that Act; or

(ii) the Do Not Call Register Act 2006 or regulations under

that Act; and

(b) the ACMA has reasonable grounds to believe that informing

the respondent is likely to result in the concealment, loss or

destruction of a thing connected with the breach.

(2) An investigation under this Part is to be conducted as the ACMA

thinks fit.

(3) The ACMA may, for the purposes of an investigation, obtain

information from such persons, and make such inquiries, as it

thinks fit.

Authorised Version C2017C00179 registered 30/06/2017

Part 26 Investigations

Section 513

426 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) It is not necessary for a complainant or a respondent to be given an

opportunity to appear before the ACMA in connection with an

investigation. This subsection has effect subject to subsection (5).

(5) The ACMA must not, as a result of the investigation, make a

finding that is adverse to a complainant or a respondent unless it

has given the complainant or respondent an opportunity to make

submissions about the matter to which the investigation relates.

(6) However, the ACMA is not required to give the respondent an

opportunity to make submissions if:

(a) the matter relates to a possible breach of:

(i) the Spam Act 2003 or regulations under that Act; or

(ii) the Do Not Call Register Act 2006 or regulations under

that Act; and

(b) the ACMA has reasonable grounds to believe that giving the

respondent an opportunity to make submissions is likely to

result in the concealment, loss or destruction of a thing

connected with the breach.

513 Complainant and certain other persons to be informed of

various matters

(1) If the ACMA decides not to investigate, or not to investigate

further, a matter to which a complaint relates, it must, as soon as

practicable and in such manner as it thinks fit, inform the

complainant and the respondent of the decision and of the reasons

for the decision.

(2) However, the ACMA is not required to inform the respondent of

the decision and of the reasons for the decision if:

(a) the matter relates to a possible breach of:

(i) the Spam Act 2003 or regulations under that Act; or

(ii) the Do Not Call Register Act 2006 or regulations under

that Act; and

(b) the ACMA has reasonable grounds to believe that informing

the respondent is likely to result in the concealment, loss or

destruction of a thing connected with the breach.

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 514

Telecommunications Act 1997 427

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

514 Reference of matters to Ombudsman or other responsible

person

(1) If, before the ACMA starts, or after it has started, an investigation

of a matter to which a complaint relates, the ACMA forms the

opinion that:

(a) a complaint relating to that matter has been, or could have

been, made by the complainant to:

(i) the Ombudsman under the Ombudsman Act 1976; or

(ii) the Telecommunications Industry Ombudsman; or

(iii) another person or body responsible for handling

complaints under a code registered, or standard

determined, under Part 6; and

(b) the matter could be more conveniently or effectively dealt

with by:

(i) the Ombudsman; or

(ii) the Telecommunications Industry Ombudsman; or

(iii) another person or body responsible for handling

complaints under a code registered, or standard

determined, under Part 6;

the ACMA may decide not to investigate the matter, or not to

investigate the matter further, as the case may be.

(2) If the ACMA decides as mentioned in subsection (1), it must:

(a) transfer the complaint to:

(i) the Ombudsman; or

(ii) the Telecommunications Industry Ombudsman; or

(iii) another person or body responsible for handling

complaints under a code registered, or standard

determined, under Part 6;

as the case requires; and

(b) give written notice to the complainant stating that the

complaint has been so transferred.

(3) If the ACMA decides as mentioned in subsection (1), then:

Authorised Version C2017C00179 registered 30/06/2017

Part 26 Investigations

Section 515

428 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) in a case where subparagraph (1)(a)(i) applies—the ACMA

must give the Ombudsman any information or documents

that relate to the complaint and that are in the ACMA’s

possession or under its control; and

(b) in a case where subparagraph (1)(a)(ii) applies—the ACMA

may give the Telecommunications Industry Ombudsman any

information or documents that relate to the complaint and

that are in the ACMA’s possession or under its control; and

may give the person or body mentioned in that subparagraph:

(i) any information or documents that relate to the

complaint and that are in the ACMA’s possession or

under its control; or

(ii) copies of, or extracts from, such information or

documents.

(4) A complaint transferred under subsection (2) to the Ombudsman is

taken to be a complaint made to the Ombudsman under the

Ombudsman Act 1976.

515 Reference of matters to the ACCC

(1) If, before the ACMA commences, or after it has commenced, an

investigation of a matter to which a complaint relates, the ACMA

forms the opinion that the matter could be more conveniently or

effectively dealt with by the ACCC, it may decide not to

investigate the matter, or not to investigate the matter further, as

the case may be.

(2) If the ACMA so decides, it must:

(a) transfer the complaint to the ACCC; and

(b) give written notice to the complainant stating that the

complaint has been so transferred; and

to the complaint and that are in the ACMA’s possession or

under its control.

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 515A

Telecommunications Act 1997 429

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) The ACCC may hold an investigation into the matter and, if it

decides to do so, it must report to the ACMA on:

(a) the conduct of the investigation; and

(b) any findings that it has made as a result of the investigation;

and

based; and

(d) such other matters relating to, or arising out of, the

investigation as the ACCC thinks fit.

(4) If the ACCC decides not to hold an investigation into the matter, it

must give to the ACMA a written notice informing the ACMA of

its decision and of the reasons for its decision.

515A Reference of matters to Information Commissioner

(1) This section applies to a complaint about any of the following

matters:

(a) a contravention of a code registered under Part 6, where the

code applies to participants in a section of the telemarketing

industry (within the meaning of Part 6) and deals with one or

more matters relating to the telemarketing activities (within

the meaning of Part 6) of those participants;

(b) a contravention of section 128 in relation to an industry

standard, where the standard applies to participants in a

section of the telemarketing industry (within the meaning of

Part 6) and deals with one or more matters relating to the

telemarketing activities (within the meaning of Part 6) of

those participants;

(ba) a contravention of a code registered under Part 6, where the

code applies to participants in a section of the fax marketing

industry (within the meaning of Part 6) and deals with one or

more matters relating to the fax marketing activities (within

the meaning of Part 6) of those participants;

(bb) a contravention of section 128 in relation to an industry

standard, where the standard applies to participants in a

section of the fax marketing industry (within the meaning of

Authorised Version C2017C00179 registered 30/06/2017

Part 26 Investigations

Section 515A

430 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 6) and deals with one or more matters relating to the fax

marketing activities (within the meaning of Part 6) of those

participants;

regulations under that Act.

(2) If, before the ACMA starts, or after it has started, an investigation

of a matter to which a complaint relates, the ACMA forms the

opinion that:

(a) a complaint relating to that matter has been, or could have

been, made by the complainant to the Information

Commissioner under section 36 of the Privacy Act 1988; and

(b) the matter could be more conveniently or effectively dealt

with by the Information Commissioner;

the ACMA may decide not to investigate the matter, or not to

investigate the matter further, as the case may be.

(3) If the ACMA decides as mentioned in subsection (2), it must:

(a) transfer the complaint to the Information Commissioner; and

(b) give written notice to the complainant stating that the

complaint has been so transferred; and

documents that relate to the complaint and that are in the

ACMA’s possession or under its control.

(4) A complaint transferred under subsection (3) to the Information

Commissioner is taken to be a complaint made to the Information

Commissioner under section 36 of the Privacy Act 1988.

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 516

Telecommunications Act 1997 431

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

516 Reports on investigations

(1) After concluding an investigation under subsection 510(1), the

ACMA may prepare and give to the Minister a report under this

section.

(2) After concluding an investigation under subsection 510(3), the

ACMA must prepare and give to the Minister a report under this

section.

(3) A report under this section must cover:

(a) the conduct of the investigation concerned; and

(b) any findings that the ACMA has made as a result of the

investigation; and

based; and

(d) such other matters relating to, or arising out of, the

investigation as the ACMA thinks fit or as the Minister

directs.

517 Publication of reports

(1) This section applies if the ACMA prepares a report under

section 516.

(2) If the report was prepared under subsection 516(1), the ACMA

may cause the report to be published.

(3) If the report was prepared under subsection 516(2), the Minister

may direct the ACMA to publish the report. The ACMA must

comply with the direction. The ACMA must not otherwise cause

the report to be published.

(4) The ACMA is not required to publish, or to disclose to a person to

whose affairs it relates, a report or a part of a report if the

publication or disclosure would:

(a) disclose a matter of a confidential character; or

(b) be likely to prejudice the fair trial of a person.

Authorised Version C2017C00179 registered 30/06/2017

Part 26 Investigations

Section 518

432 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) The ACMA is not required to publish a report or part of a report if

the publication would involve the unreasonable disclosure of

personal information about any individual (including a deceased

individual).

518 Person adversely affected by report to be given opportunity to

comment

(1) This section applies if the publication of a matter in a report or a

part of a report would, or would be likely to, adversely affect the

interests of a person.

(2) The ACMA must not publish the report or the part of the report, as

the case may be, until the ACMA has given the person a

reasonable period (not exceeding 30 days) to make representations,

either orally or in writing, in relation to the matter.

(3) However, the ACMA is not required to give the person a

reasonable period to make representations if:

(a) the matter relates to a possible breach of:

(i) the Spam Act 2003 or regulations under that Act; or

(ii) the Do Not Call Register Act 2006 or regulations under

that Act; and

(b) the ACMA has reasonable grounds to believe that giving the

person a reasonable period to make representations is likely

to result in the concealment, loss or destruction of a thing

connected with the breach.

519 Protection from civil actions

(1) Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of any of the following acts done in good faith:

(a) the making of a complaint under section 509;

(b) the making of a statement to, or the giving of a document or

information to, the ACMA in connection with an

investigation under section 510;

Authorised Version C2017C00179 registered 30/06/2017

Investigations Part 26

Section 519

Telecommunications Act 1997 433

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Industry Ombudsman;

(d) subject to subsection (2), the making of a statement to, or the

giving of a document or information to, the

Telecommunications Industry Ombudsman in connection

with the consideration by the Telecommunications Industry

Ombudsman of a complaint.

(2) Paragraph (1)(d) does not apply to the making of a statement, or

the giving of a document or information, by:

(a) a carrier; or

(b) a person who is a service provider and who is participating in

the Telecommunications Industry Ombudsman scheme under

which the Telecommunications Industry Ombudsman has

been appointed.

Authorised Version C2017C00179 registered 30/06/2017

Part 27 The ACMA’s information-gathering powers

Division 1 Simplified outline

Section 520

434 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 27—The ACMA’s information-gathering

powers

Division 1—Simplified outline

520 Simplified outline

The following is a simplified outline of this Part:

• The ACMA may obtain information from carriers, service

providers and other persons if the information is relevant to:

(a) the performance of any of the ACMA’s

telecommunications functions; or

(b) the exercise of any of the ACMA’s

telecommunications powers.

• The ACMA may make record-keeping rules that apply to

carriers and carriage service providers.

Authorised Version C2017C00179 registered 30/06/2017

The ACMA’s information-gathering powers Part 27

Information-gathering powers Division 2

Section 521

Telecommunications Act 1997 435

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Information-gathering powers

521 The ACMA may obtain information and documents from

carriers and service providers

(1) This section applies to a carrier or a service provider if the ACMA

has reason to believe that the carrier or provider:

(a) has information or a document that is relevant to:

(i) the performance of any of the ACMA’s

telecommunications functions; or

(ii) the exercise of any of the ACMA’s telecommunications

powers; or

(b) is capable of giving evidence which the ACMA has reason to

believe is relevant to:

(i) the performance of any of the ACMA’s

telecommunications functions; or

(ii) the exercise of any of the ACMA’s telecommunications

powers.

(2) The ACMA may, by written notice given to the carrier or provider,

require the carrier or provider:

(a) to give to the ACMA, within the period and in the manner

and form specified in the notice, any such information; or

(b) to produce to the ACMA, within the period and in the

manner specified in the notice, any such documents; or

ACMA, within the period and in the manner specified in the

notice, those copies; or

(d) if the carrier or provider is an individual—to appear before

the ACMA at a time and place specified in the notice to give

any such evidence, either orally or in writing, and produce

any such documents; or

(e) if the carrier or provider is a body corporate or a public

body—to cause a competent officer of the body to appear

Authorised Version C2017C00179 registered 30/06/2017

Part 27 The ACMA’s information-gathering powers

Division 2 Information-gathering powers

Section 522

436 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

before the ACMA at a time and place specified in the notice

to give any such evidence, either orally or in writing, and

produce any such documents; or

(f) if the carrier or provider is a partnership—to cause an

individual who is:

(i) a partner in the partnership; or

(ii) an employee of the partnership;

to appear before the ACMA at a time and place specified in

the notice to give any such evidence, either orally or in

writing, and produce any such documents.

(3) A carrier or service provider must comply with a requirement

under subsection (2).

(4) A notice given to a carrier under this section must set out the effect

of the following provisions:

(a) subsection (3);

(b) section 68;

(d) Part 1 of Schedule 1;

(e) section 525.

(5) A notice given to a service provider under this section must set out

the effect of the following provisions:

(a) subsection (3);

(b) section 101;

(d) Part 1 of Schedule 2;

(e) section 525.

522 The ACMA may obtain information and documents from other

persons

(1) This section applies to a person if the ACMA has reason to believe

that the person:

(a) has information or a document that is relevant to:

Authorised Version C2017C00179 registered 30/06/2017

The ACMA’s information-gathering powers Part 27

Information-gathering powers Division 2

Section 522

Telecommunications Act 1997 437

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the performance of any of the ACMA’s

telecommunications functions; or

(ii) the exercise of any of the ACMA’s telecommunications

powers; or

(b) is capable of giving evidence which the ACMA has reason to

believe is relevant to:

(i) the performance of any of the ACMA’s

telecommunications functions; or

(ii) the exercise of any of the ACMA’s telecommunications

powers.

(2) The ACMA may, by written notice given to the person, require the

person:

(a) to give to the ACMA, within the period and in the manner

and form specified in the notice, any such information; or

(b) to produce to the ACMA, within the period and in the

manner specified in the notice, any such documents; or

ACMA, within the period and in the manner specified in the

notice, those copies; or

(d) if the person is an individual—to appear before the ACMA at

a time and place specified in the notice to give any such

evidence, either orally or in writing, and produce any such

documents; or

(e) if the person is a body corporate or a public body—to cause a

competent officer of the body to appear before the ACMA at

a time and place specified in the notice to give any such

evidence, either orally or in writing, and produce any such

documents; or

(f) if the person is a partnership—to cause an individual who is:

(i) a partner in the partnership; or

(ii) an employee of the partnership;

to appear before the ACMA at a time and place specified in

the notice to give any such evidence, either orally or in

writing, and produce any such documents.

(3) A person must comply with a requirement under subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Part 27 The ACMA’s information-gathering powers

Division 2 Information-gathering powers

Section 523

438 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) A person commits an offence if:

(a) the ACMA has given a notice to the person under

subsection (2); and

(b) the person engages in conduct; and

Penalty: 20 penalty units.

(5) A notice under this section must set out the effect of subsection (4)

and section 525.

(6) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

523 Copying documents—reasonable compensation

A person is entitled to be paid by the ACMA reasonable

compensation for complying with a requirement covered by

paragraph 521(2)(c) or 522(2)(c).

524 Self-incrimination

(1) An individual is not excused from giving information or evidence

or producing a document or a copy of a document under this

Division on the ground that the information or evidence or the

production of the document or copy might tend to incriminate the

individual or expose the individual to a penalty.

(2) However:

(a) giving the information or evidence or producing the

document or copy; or

(b) any information, document or thing obtained as a direct or

indirect consequence of giving the information or evidence or

producing the document or copy;

is not admissible in evidence against the individual in:

Authorised Version C2017C00179 registered 30/06/2017

The ACMA’s information-gathering powers Part 27

Information-gathering powers Division 2

Section 525

Telecommunications Act 1997 439

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

out of, subsection 522(4) or section 525; or

(d) proceedings under section 570 for recovery of a pecuniary

penalty in relation to a contravention of section 521.

525 Giving false or misleading information or evidence

A person must not, under section 521 or 522, give information or

evidence that is false or misleading.

Penalty: Imprisonment for 12 months.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

527 Copies of documents

(1) The ACMA may inspect a document or copy produced under this

Division and may make and retain copies of, or take and retain

extracts from, such a document.

(2) The ACMA may retain possession of a copy of a document

produced in accordance with a requirement covered by

paragraph 521(2)(c) or 522(2)(c).

528 ACMA may retain documents

(1) The ACMA may take, and retain for as long as is necessary,

possession of a document produced under this Division.

(2) The person otherwise entitled to possession of the document is

entitled to be supplied, as soon as practicable, with a copy certified

by the ACMA to be a true copy.

(3) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

(4) Until a certified copy is supplied, the ACMA must, at such times

and places as the ACMA thinks appropriate, permit the person

otherwise entitled to possession of the document, or a person

Authorised Version C2017C00179 registered 30/06/2017

Part 27 The ACMA’s information-gathering powers

Division 2 Information-gathering powers

Section 528

440 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

authorised by that person, to inspect and make copies of, or take

extracts from, the document.

Authorised Version C2017C00179 registered 30/06/2017

The ACMA’s information-gathering powers Part 27

Record-keeping rules Division 3

Section 529

Telecommunications Act 1997 441

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Record-keeping rules

529 ACMA may make record-keeping rules

(1) The ACMA may, by written instrument, make rules for and in

relation to requiring one or more specified carriers or one or more

specified carriage service providers to keep and retain records.

Rules under this subsection are to be known as record-keeping

rules.

Note: Carriers and carriage service providers may be specified by name, by

inclusion in a specified class or in any other way.

(2) The rules may specify the manner and form in which the records

are to be kept.

(2A) The rules may also require those carriers or carriage service

providers to prepare reports consisting of information contained in

those records.

(2B) The rules may also require those carriers or carriage service

providers to give any or all of the reports to the ACMA.

(2C) The rules may specify the manner and form in which reports are to

be prepared.

(2D) The rules may provide for:

(a) the preparation of reports as and when required by the

ACMA; or

(b) the preparation of periodic reports relating to such regular

intervals as are specified in the rules.

(2E) The rules may require or permit a report prepared in accordance

with the rules to be given to the ACMA, in accordance with

specified software requirements and specified authentication

requirements:

(a) on a specified kind of data processing device; or

(b) by way of a specified kind of electronic transmission.

Authorised Version C2017C00179 registered 30/06/2017

Part 27 The ACMA’s information-gathering powers

Division 3 Record-keeping rules

Section 530

442 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2F) Subsections (2) to (2E) do not limit subsection (1).

(3) If the rules apply to a particular carrier or carriage service provider,

the ACMA must give the carrier or provider a copy of the rules.

(4) The ACMA must not exercise its powers under this section so as to

require the keeping or retention of records unless the records

contain, or will contain, information that is relevant to:

(a) the performance by the ACMA of any of the ACMA’s

telecommunications functions; or

(b) the exercise by the ACMA of any of the ACMA’s

telecommunications powers.

Note: Under section 521, the ACMA may require a carrier or carriage

service provider to produce a document (including a record kept in

accordance with the record-keeping rules).

(5) This section does not limit section 521 (which is about the general

information-gathering powers of the ACMA).

530 Compliance with record-keeping rules

A carrier or carriage service provider must comply with any

record-keeping rules that are applicable to the carrier or provider.

531 Incorrect records

(1) A person must not, in purported compliance with a requirement

imposed by the record-keeping rules, make a record of any matter

or thing in such a way that it does not correctly record the matter or

thing.

(2) A person who contravenes subsection (1) commits an offence

punishable on conviction by a fine not exceeding 100 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Introduction Division 1

Section 532

Telecommunications Act 1997 443

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 28—Enforcement

Division 1—Introduction

532 Simplified outline

The following is a simplified outline of this Part:

• A person may be appointed as an inspector.

• Searches relating to offences against Part 21 (technical

regulation) may be conducted:

(a) under the authority of a search warrant; or

(b) with the consent of the owner or occupier

concerned; or

• Searches to monitor compliance with Part 21 (technical

regulation) may be conducted with the consent of the occupier

concerned.

• Searches relating to breaches of the Spam Act 2003 may be

conducted:

(a) under the authority of a search warrant; or

(b) with the consent of the owner or occupier

concerned.

• Searches to monitor compliance with the Spam Act 2003 may

be conducted:

(a) under the authority of a monitoring warrant; or

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 1 Introduction

Section 532A

444 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) with the consent of the occupier concerned.

• An inspector may require the production of a carrier licence.

• An inspector may require the giving of certain information,

and the production of certain documents, relevant to

compliance with the Spam Act 2003 or Part 21 of this Act

(technical regulation).

• A court may order forfeiture of goods used or otherwise

involved in the commission of an offence against this Act.

532A References to the Spam Act 2003

In this Part:

Spam Act 2003 includes regulations under the Spam Act 2003.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Inspectors and identity cards Division 2

Section 533

Telecommunications Act 1997 445

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Inspectors and identity cards

533 Inspectors

(1) A person is an inspector for the purposes of a particular provision

of this Act if:

(a) the person is an officer appointed by the ACMA, by written

instrument, to be an inspector:

(i) for the purposes of this Act in general; or

(ii) for the purposes of that provision; or

(b) the person is an officer included in a class of officers

appointed by the ACMA, by notice in the Gazette, to be

inspectors:

(i) for the purposes of this Act in general; or

(ii) for the purposes of that provision; or

the Australian Federal Police or of the police force of a

Territory.

(2) In this section:

Commonwealth officer means:

(a) a person who, whether on a full-time or a part-time basis, and

whether in a permanent capacity or otherwise:

(i) is in the service or employment of the Commonwealth,

the Administration of an external Territory or an

authority of the Commonwealth; or

(ii) holds or performs the duties of any office or position

established by or under a law of the Commonwealth or

an external Territory; or

(b) a member of the Defence Force.

officer means:

(a) a Commonwealth officer; or

(b) a State officer.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 2 Inspectors and identity cards

Section 534

446 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

State includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory.

State officer means a person who, whether on a full-time basis or a

part-time basis and whether in a permanent capacity or otherwise:

(a) is in the service or employment of a State or an authority of a

State; or

(b) holds or performs the duties of any office or position

established by or under a law of a State;

and includes a member of a police force of a State.

534 Identity cards

(1) The ACMA may issue an identity card to an inspector, other than a

member of a police force, in a form approved, in writing, by the

ACMA.

(2) A person who ceases to be an inspector must, as soon as

practicable, return his or her identity card to the ACMA.

(3) A person must not contravene subsection (2).

Penalty: 5 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

(4) Subsection (3) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act

Division 3

Section 535

Telecommunications Act 1997 447

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Search warrants relating to breaches of the

Spam Act 2003 or Part 21 of this Act

535 Magistrate may issue warrant

(1) If:

(a) an information on oath is laid before a magistrate alleging

that an inspector suspects on reasonable grounds that there

may be on any land, or in or on any premises, vessel, aircraft

or vehicle:

(i) anything in respect of which an offence against Part 21

has been committed; or

(ii) anything that may afford evidence about the

commission of an offence against Part 21; or

(iii) anything that was used, or is intended to be used, for the

purposes of committing an offence against Part 21; or

(iv) anything in respect of which a breach of the Spam Act

2003 has happened; or

(v) anything that may afford evidence about a breach of the

Spam Act 2003; or

(vi) anything that was used, or is intended to be used, for the

purposes of breaching the Spam Act 2003; and

(b) the information sets out those grounds;

the magistrate may issue a search warrant authorising the inspector

named in the warrant, with such assistance, and by such force, as is

necessary and reasonable, to enter the land, premises, vessel,

aircraft or vehicle and exercise the powers referred to in paragraphs

542(2)(b), (c) and (d), in respect of the thing.

(2) A reference in this section to an offence against Part 21 includes a

reference to an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 3 Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this

Act

Section 536

448 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

536 Reasonable grounds for issuing warrant etc.

A magistrate is not to issue a warrant under section 535 unless:

(a) the informant or some other person has given to the

magistrate, either orally or by affidavit, such further

information (if any) as the magistrate requires concerning the

grounds on which the issue of the warrant is being sought;

and

(b) the magistrate is satisfied that there are reasonable grounds

for issuing the warrant.

537 Contents of warrant

The following must be stated in a warrant issued under

section 535:

(a) the purpose for which the warrant is issued, and the nature of

the offence or breach in relation to which the entry and

search are authorised;

(b) whether entry is authorised to be made at any time of the day

or night or during specified hours of the day or night;

(d) a day, not later than 7 days after the day of issue of the

warrant, upon which the warrant ceases to have effect.

538 Warrants may be issued by telephone etc.

If, because of circumstances of urgency, an inspector thinks it

necessary to do so, the inspector may apply to a magistrate for a

warrant under section 535 by telephone, telex, fax or other

electronic means.

539 Provisions relating to issue of warrant by telephone etc.

(1) Before applying under section 538 for a warrant, an inspector must

prepare an information of a kind referred to in section 535 that sets

out the grounds on which the issue of the warrant is being sought.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act

Division 3

Section 539

Telecommunications Act 1997 449

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

However, the inspector may, if it is necessary to do so, make the

application before the information has been sworn.

(2) If the magistrate to whom an application under section 538 is made

is satisfied:

(a) after having considered the terms of the information prepared

under subsection (1); and

(b) after having received such further information (if any) as the

magistrate requires concerning the grounds on which the

issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the

magistrate must complete and sign such a search warrant as the

magistrate would issue under section 535 if the application had

been made under that section.

(3) If the magistrate signs a warrant under subsection (2):

(a) the magistrate must:

(i) inform the inspector of the terms of the warrant; and

(ii) inform the inspector of the day on which and the time at

which the warrant was signed; and

(iii) inform the inspector of the day (not more than 7 days

after the magistrate completes and signs the warrant) on

which the warrant ceases to have effect; and

(iv) record on the warrant the reasons for issuing the

warrant; and

(b) the inspector must:

(i) complete a form of warrant in the same terms as the

warrant completed and signed by the magistrate; and

(ii) write on it the magistrate’s name and the day on which

and the time at which the warrant was signed.

(4) The inspector must, not later than the day after the date of expiry or

execution of the warrant, whichever is the earlier, send to the

magistrate:

(a) the form of warrant completed by the inspector; and

(b) the information duly sworn in connection with the warrant.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 3 Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this

Act

Section 540

450 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) On receiving the documents referred to in subsection (4), the

magistrate must:

(a) attach to them the warrant signed by the magistrate; and

(b) deal with the documents in the way which the magistrate

would have dealt with the information if the application for

the warrant had been made under section 535.

(6) A form of warrant duly completed by an inspector under

subsection (3), if it is in accordance with the terms of the warrant

signed by the magistrate, is authority for an entry, search, seizure

or other exercise of a power that the warrant so signed authorises.

540 Proceedings involving warrant issued by telephone etc.

If:

(a) it is material in any proceedings for a court to be satisfied

that an entry, search, seizure or other exercise of power was

authorised in accordance with section 539; and

(b) a warrant signed by a magistrate under section 539

authorising the entry, search, seizure or other exercise of

power is not produced in evidence;

the court is to assume, unless the contrary is proved, that the entry,

search, seizure or other exercise of power was not authorised by

such a warrant.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act

Division 4

Section 541

Telecommunications Act 1997 451

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Searches and seizures relating to breaches of

the Spam Act 2003 or Part 21 of this Act

541 When is a thing connected with an offence?

For the purposes of this Division, a thing is connected with a

particular offence if it is:

(a) a thing in respect of which the offence has been committed;

(b) a thing that may afford evidence about the commission of the

offence; or

purposes of committing the offence.

541A When is a thing connected with a breach of the Spam Act

2003?

For the purposes of this Part, a thing is connected with a breach of

the Spam Act 2003 if it is:

(a) a thing in respect of which the breach has happened; or

(b) a thing that may afford evidence about the breach; or

purposes of the breach.

542 Searches and seizures

(1) This section applies if an inspector suspects on reasonable grounds

that there is on any land, or on or in any premises, vessel, aircraft

or vehicle anything connected with:

(a) a particular offence against Part 21 of this Act; or

(b) a particular breach of the Spam Act 2003.

(2) The inspector may, with the consent of the owner or occupier of

the land, premises, vessel, aircraft or vehicle, or in accordance with

a warrant issued under Division 3:

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 4 Searches and seizures relating to breaches of the Spam Act 2003 or Part 21

of this Act

Section 543

452 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) enter the land, premises, vessel, aircraft or vehicle; and

(b) search the land, premises, vessel, aircraft or vehicle; and

package or other receptacle, whether a fixture or not, in

which the inspector suspects on reasonable grounds there to

be anything of a kind referred to in subsection (1); and

(d) examine and seize anything that the inspector suspects on

reasonable grounds to be connected with the offence or

breach.

(3) If an inspector may enter a vessel, aircraft or vehicle under

subsection (2), the inspector may, for that purpose and for the

purpose of exercising a power referred to in paragraph (2)(b), (c) or

(d), stop and detain the vessel, aircraft or vehicle.

(4) A reference in this section to an offence against Part 21 includes a

reference to an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.

543 Production of identity card etc.

(1) An inspector (other than a member of a police force who is in

uniform) who proposes to enter land or premises under section 542

must:

(a) in the case of a member of a police force—produce, for

inspection by the owner or occupier of the land or premises

written evidence of the fact that the inspector is a member of

a police force; or

(b) in any other case—produce the inspector’s identity card for

inspection by the owner or occupier;

and, if the inspector fails to do so, he or she is not authorised to

enter the land or premises.

(2) If the entry is in accordance with a warrant issued under

Division 3, the inspector is taken not to have complied with

subsection (1) unless he or she also produces the warrant for

inspection by the owner or occupier.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act

Division 4

Section 544

Telecommunications Act 1997 453

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

544 Evidence of commission of other offences against Part 21 of this

Act or other breaches of the Spam Act 2003

(1) If:

(a) in the course of searching, in accordance with a warrant

issued under Division 3, for a particular thing in relation to a

particular offence, an inspector finds a thing that the

inspector believes on reasonable grounds to be:

(i) a thing that is connected with the offence, although not

the thing specified in the warrant; or

(ii) a thing that is connected with another offence against

Part 21; and

(b) the inspector believes, on reasonable grounds, that it is

necessary to seize that thing in order to prevent its

concealment, loss or destruction, or its use in committing,

continuing or repeating the offence or the other offence;

the warrant is taken to authorise the inspector to seize that thing.

(1A) If:

(a) in the course of searching, in accordance with a warrant

issued under Division 3, for a particular thing in relation to a

particular breach of the Spam Act 2003, an inspector finds a

thing that the inspector believes on reasonable grounds to be:

(i) a thing that is connected with the breach, although not

the thing specified in the warrant; or

(ii) a thing that is connected with another breach of the

Spam Act 2003; and

(b) the inspector believes, on reasonable grounds, that it is

necessary to seize that thing in order to prevent its

concealment, loss or destruction, or its use in committing,

continuing or repeating the breach or the other breach;

the warrant is taken to authorise the inspector to seize that thing.

(2) A reference in this section to an offence against Part 21 includes a

reference to an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 4 Searches and seizures relating to breaches of the Spam Act 2003 or Part 21

of this Act

Section 545

454 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

545 Emergency entry, search and seizure

(1) If an inspector has reasonable grounds to believe:

(a) that a person is carrying anything that is connected with an

offence against Part 21; and

(b) that the exercise of the powers under this section is necessary

to prevent the concealment, loss or destruction of a thing

connected with a particular offence;

the inspector may:

the person’s immediate control; and

(d) seize any thing found in the course of the search;

so long as those powers are exercised in circumstances of such

seriousness and urgency as to require and justify the immediate

exercise of those powers without the authority of a warrant issued

under Division 3.

(2) If an inspector has reasonable grounds to believe:

(a) that there is on any land or on or in any premises, vessel,

aircraft or vehicle any thing that is connected with a

particular offence against Part 21; and

(b) that the exercise of powers conferred under this section is

necessary to prevent the concealment, loss or destruction of

the thing;

the inspector may, with such assistance as the inspector thinks fit,

and if necessary by force:

(d) search for the thing; and

(e) seize any such thing found in the course of the search;

so long as those powers are exercised in circumstances of such

seriousness and urgency as to require and justify the immediate

exercise of those powers without the authority of a warrant issued

under Division 3.

(3) If an inspector may enter a vessel, aircraft or vehicle under

subsection (2), the inspector may, for that purpose and for the

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act

Division 4

Section 546

Telecommunications Act 1997 455

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

purpose of exercising a power referred to in paragraph (2)(d) or (e),

stop and detain the vessel, aircraft or vehicle.

(4) A reference in this section to an offence against Part 21 includes a

reference to an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to Part 21 of this Act.

546 Retention of things seized

(1) If an inspector seizes a thing under this Division, the inspector or

the ACMA may retain it until:

(a) the end of the period of 60 days after the seizure; or

(b) if either of the following proceedings are instituted within

that period:

(i) proceedings for an offence against, or arising out of, this

Act in respect of which the thing may afford evidence;

(ii) proceedings for a breach of the Spam Act 2003 in

respect of which the thing may afford evidence;

the proceedings (including any appeal to a court in relation to

those proceedings) are completed.

(2) The ACMA may, by written instrument, authorise a thing seized

under this Division to be released to the owner, or to the person

from whom it was seized, either:

(a) unconditionally; or

(b) on such conditions as the ACMA thinks fit, including

conditions as to giving security for payment of its value if it

is forfeited under section 551.

(3) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 5 Searches to monitor compliance with Part 21

Section 547

456 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Searches to monitor compliance with Part 21

547 Searches to monitor compliance with Part 21

(1) An inspector may, to the extent that it is reasonably necessary for

the purpose of ascertaining whether Part 21 has been complied

with, enter, at any time during the day or night, any premises that

the inspector has reasonable cause to believe are premises to which

this section applies and:

(a) search the premises; or

(b) inspect and take photographs, or make sketches, of the

premises or any substance or thing at the premises; or

(d) remove, or make copies of, any such document.

This section has effect subject to subsections (2) and (3).

(2) An inspector may not, under subsection (1), enter premises that are

a residence unless the occupier of the premises has consented to

the entry.

(3) An inspector is not entitled to exercise any powers under

subsection (1) in relation to premises if:

(a) the occupier of the premises has required the inspector to

produce his or her identity card for inspection by the

occupier; and

(b) the inspector fails to comply with the requirement.

(4) This section applies to premises at which:

(a) activities that are the subject of regulation under Part 21 are

engaged in; or

(b) records relating to any such activities are kept.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches to monitor compliance with the Spam Act 2003 Division 5A

Section 547A

Telecommunications Act 1997 457

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5A—Searches to monitor compliance with the

Spam Act 2003

547A Powers available to inspectors for monitoring compliance

(1) For the purpose of finding out whether the Spam Act 2003 has been

complied with, an inspector may:

(a) enter any premises; and

(b) exercise the monitoring powers set out in section 547B.

(2) An inspector is not authorised to enter premises under

subsection (1) unless:

(a) the occupier of the premises has consented to the entry; or

(b) the entry is made under a warrant under section 547D.

Consent

(3) Before obtaining the consent of a person for the purposes of

paragraph (2)(a), the inspector must inform the person that he or

she may refuse consent.

(4) An entry of an inspector by virtue of the consent of a person is not

lawful unless the person voluntarily consented to the entry.

547B Monitoring powers

(1) The monitoring powers that an inspector may exercise under

paragraph 547A(1)(b) are as follows:

(a) to search the premises;

(b) to inspect and take photographs, or make sketches, of the

premises or any substance or thing at the premises;

(d) to remove, or make copies of, any such document;

(e) to take onto the premises such equipment and materials as the

inspector requires for the purpose of exercising powers in

relation to the premises;

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 5A Searches to monitor compliance with the Spam Act 2003

Section 547B

458 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(f) to secure a thing, until a warrant is obtained to seize it, if:

(i) the inspector finds the thing during the exercise of

powers on the premises; and

(ii) the inspector believes on reasonable grounds that the

thing is connected with a breach of the Spam Act 2003;

and

(iii) the inspector believes on reasonable grounds that the

thing would be lost, destroyed or tampered with before

the warrant can be obtained;

(g) to secure a computer, until an order under section 547J is

obtained in relation to it, if:

(i) the inspector finds the computer during the exercise of

powers on the premises; and

(ii) there are reasonable grounds for suspecting that a thing

connected with a breach of the Spam Act 2003 is held

in, or is accessible from, the computer; and

(iii) the inspector believes on reasonable grounds that the

computer, or the thing mentioned in subparagraph (ii),

would be lost, destroyed or tampered with before the

order can be obtained.

(2) The monitoring powers that an inspector may exercise under

paragraph 547A(1)(b) include the power to operate equipment at

premises to see whether:

(a) the equipment; or

(b) a disk, tape or other storage device that:

(i) is at the premises; and

(ii) can be used with the equipment or is associated with it;

contains information that is relevant to determining whether there

has been compliance with the Spam Act 2003.

(3) If the inspector, after operating equipment at the premises, finds

that the equipment, or that a tape, disk or other storage device at

the premises, contains information mentioned in subsection (2), the

inspector may:

(a) operate facilities at the premises to put the information in

documentary form and copy the document so produced; or

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches to monitor compliance with the Spam Act 2003 Division 5A

Section 547C

Telecommunications Act 1997 459

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) if the information can be transferred to a tape, disk or other

storage device that:

(i) is brought to the premises; or

(ii) is at the premises and the use of which for the purpose

has been agreed to in writing by the occupier of the

premises;

operate the equipment or other facilities to copy the

information to the storage device, and remove the storage

device from the premises.

Note: See also section 547J (order requiring person to assist with access to

computer data).

547C Production of identity card etc.

An inspector (other than a member of a police force who is in

uniform) who proposes to enter premises under section 547A must:

(a) in the case of a member of a police force—produce, for

inspection by the occupier of the premises, written evidence

of the fact that the inspector is a member of a police force; or

(b) in any other case—produce the inspector’s identity card for

inspection by the occupier;

and, if the inspector fails to do so, he or she is not authorised to

enter the premises.

547D Monitoring warrants

(1) An inspector may apply to a magistrate for a warrant under this

section in relation to premises.

(2) The magistrate may issue the warrant if the magistrate is satisfied,

by information on oath or affirmation, that it is reasonably

necessary that one or more inspectors should have access to the

premises for the purposes of finding out whether the Spam Act

2003 has been complied with.

(3) The magistrate must not issue the warrant unless the inspector or

some other person has given to the magistrate, either orally or by

affidavit, such further information (if any) as the magistrate

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 5A Searches to monitor compliance with the Spam Act 2003

Section 547D

460 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

requires concerning the grounds on which the issue of the warrant

is being sought.

(4) If the premises are a residence, the magistrate must not issue the

warrant unless:

(a) all of the following conditions are satisfied:

(i) the Federal Court has found, in proceedings under the

Spam Act 2003, that an individual has breached that

Act;

(ii) the finding has not been overturned on appeal;

(iii) the individual ordinarily resides at the premises;

(iv) the breach involved the use of equipment that is or was

on those premises;

(v) the warrant is issued within 10 years after the finding; or

(b) all of the following conditions are satisfied:

(i) an individual has given an undertaking for the purposes

of section 38 of the Spam Act 2003;

(ii) the undertaking is in force;

(iii) the individual ordinarily resides at the premises;

(iv) the undertaking applies to the use of equipment that is

on those premises.

(5) The warrant must:

(a) authorise one or more inspectors (whether or not named in

the warrant), with such assistance and by such force as is

necessary and reasonable:

(i) to enter the premises; and

(ii) to exercise the powers set out in section 547B in relation

to the premises; and

(b) state whether the entry is authorised to be made at any time

of the day or night or during specified hours of the day or

night; and

warrant) on which the warrant ceases to have effect; and

(d) state the purpose for which the warrant is issued.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches to monitor compliance with the Spam Act 2003 Division 5A

Section 547E

Telecommunications Act 1997 461

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

547E Details of warrant to be given to occupier etc.

(1) If:

(a) a warrant under section 547D in relation to premises is being

executed by an inspector; and

(b) the occupier of the premises or another person who

apparently represents the occupier is present at the premises;

the inspector must make available to that person a copy of the

warrant.

(2) The inspector must identify himself or herself to that person.

(3) The copy of the warrant referred to in subsection (1) need not

include the signature of the magistrate who issued the warrant.

547F Announcement before entry

(1) An inspector must, before entering premises under a warrant under

section 547D:

(a) announce that he or she is authorised to enter the premises;

and

(b) give any person at the premises an opportunity to allow entry

to the premises.

(2) An inspector is not required to comply with subsection (1) if he or

she believes on reasonable grounds that immediate entry to the

premises is required:

(a) to ensure the safety of a person; or

(b) to ensure that the effective execution of the warrant is not

frustrated.

547G Compensation for damage to equipment

(1) This section applies if:

(a) as a result of equipment being operated as mentioned in

section 547B:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 5A Searches to monitor compliance with the Spam Act 2003

Section 547H

462 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iii) programs associated with the use of the equipment, or

with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment.

(2) The Commonwealth must pay the owner of the equipment, or the

user of the data or programs, such reasonable compensation for the

damage or corruption as the Commonwealth and the owner or user

agree on.

(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in the Federal

Court for such reasonable amount of compensation as the Court

determines.

(4) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier’s

employees and agents, if they were available at the time, provided

any appropriate warning or guidance on the operation of the

equipment.

(5) Compensation is payable out of money appropriated by the

Parliament.

(6) For the purposes of subsection (1):

damage, in relation to data, includes damage by erasure of data or

addition of other data.

547H Occupier entitled to be present during search

(1) If:

(a) a warrant under section 547D in relation to premises is being

executed; and

(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises;

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Searches to monitor compliance with the Spam Act 2003 Division 5A

Section 547H

Telecommunications Act 1997 463

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the person is entitled to observe the search being conducted.

(2) The right to observe the search being conducted ceases if the

person impedes the search.

(3) This section does not prevent 2 or more areas of the premises being

searched at the same time.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 5B Access to computer data that is relevant to the Spam Act 2003

Section 547J

464 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5B—Access to computer data that is relevant to

the Spam Act 2003

547J Access to computer data that is relevant to the Spam Act 2003

Scope

(1) This section applies if:

(a) both:

(i) a warrant is in force under Division 3 authorising an

inspector to enter particular premises; and

(ii) the warrant relates to the Spam Act 2003; or

(b) a warrant is in force under Division 5A authorising an

inspector to enter particular premises.

Application to magistrate for access order

(2) The inspector may apply to a magistrate for an order requiring a

specified person to provide any information or assistance that is

reasonable and necessary to allow the inspector to do one or more

of the following:

(a) access data held in, or accessible from, a computer that is on

those premises;

(b) copy the data to a data storage device;

Grant of access order

(3) The magistrate may grant the order if the magistrate is satisfied

that:

(a) there are reasonable grounds for suspecting that a thing

connected with a breach of the Spam Act 2003 is held in, or is

accessible from, the computer; and

(b) the specified person is:

(i) reasonably suspected of having been involved in the

breach; or

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Access to computer data that is relevant to the Spam Act 2003 Division 5B

Section 547J

Telecommunications Act 1997 465

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) the owner or lessee of the computer; or

(iii) an employee of the owner or lessee of the computer; and

(i) the computer or a computer network of which the

computer forms a part; or

(ii) measures applied to protect data held in, or accessible

from, the computer.

Offence

(4) A person commits an offence if:

(a) the person is subject to an order under this section; and

(b) the person omits to do an act; and

Penalty: Imprisonment for 6 months.

Definitions

(5) In this section:

data includes:

(a) information in any form; and

(b) any program (or part of a program).

data held in a computer includes:

(a) data held in any removable data storage device for the time

being held in a computer; and

(b) data held in a data storage device on a computer network of

which the computer forms a part.

data storage device means a thing containing, or designed to

contain, data for use by a computer.

(6) This section does not, by implication, affect the meaning of the

expression data when used in any other provision of this Act or the

Telecommunications (Consumer Protection and Service Standards)

Act 1999.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 6 Other powers of inspectors

Section 548

466 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Other powers of inspectors

548 General powers of inspectors

(1) An inspector may:

(a) require a person whom he or she suspects on reasonable

grounds of having done an act in respect of which the person

is required to hold:

(i) a carrier licence; or

(ii) a connection permit; or

(iii) a cabling licence;

to produce the licence or permit (as the case may be), or

evidence of its existence and contents; and

(b) require a person to produce evidence of having applied a

label in accordance with an obligation imposed on the person

under section 407; and

paragraph 408(5)(a) or (d) to:

(i) obtain a written statement from a certification body

certifying that customer equipment or customer cabling

complies with a specified section 376 standard; or

(ii) obtain a written statement from a competent body

stating that reasonable efforts have been made to avoid

a contravention of a specified section 376 standard;

to produce the statement, or evidence of its existence and

contents; and

(d) require a person who has been required under

paragraph 408(5)(b) to have customer equipment or customer

cabling tested by a recognised testing authority to produce

evidence of the testing; and

(e) require a person who has been required under

subsection 408(6) to retain:

(i) records; or

(ii) a declaration; or

(iii) a copy of a declaration;

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Other powers of inspectors Division 6

Section 549

Telecommunications Act 1997 467

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

for a particular period to produce those records, that declaration or

that copy, so long as the inspector does not require the production

of those records, that declaration or that copy after the end of that

period.

(2) A person must not contravene a requirement under this section.

Penalty: 20 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

(2A) Subsection (2) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(2B) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) In this section:

application, in relation to a label, has the same meaning as in

Division 7 of Part 21.

certification body has the same meaning as in Division 7 of

Part 21.

competent body has the same meaning as in Division 7 of Part 21.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

recognised testing authority has the same meaning as in Division 7

of Part 21.

549 Power to require information etc.

(1) An inspector who has entered land, premises, a vessel, an aircraft

or a vehicle under Division 4 or 5 may, to the extent that is

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 6 Other powers of inspectors

Section 549

468 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

reasonably necessary for the purpose of ascertaining whether

Part 21 has been complied with, require the person to:

(a) answer any questions put by the inspector; and

(b) produce any documents requested by the inspector.

(1A) An inspector who has entered land, premises, a vessel, an aircraft

or a vehicle under Division 4 or 5A may, to the extent that is

reasonably necessary for the purpose of ascertaining whether the

Spam Act 2003 has been complied with, require the person to:

(a) answer any questions put by the inspector; and

(b) produce any documents requested by the inspector.

(2) An inspector is not entitled to make a requirement of a person

under subsection (1) or (1A) unless:

(a) the inspector produces his or her identity card for inspection

by the person; or

(b) the inspector is a member of a police force and is wearing the

uniform of that police force.

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1) or

(1A); and

(b) the person engages in conduct; and

Penalty: 20 penalty units.

(3A) Subsection (3) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3A) (see subsection 13.3(3) of the Criminal Code).

(4) An individual is excused from giving information or producing a

document under this section if the information or the production of

the document might tend to incriminate the individual or expose

the individual to a penalty.

(5) In this section:

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Other powers of inspectors Division 6

Section 550

Telecommunications Act 1997 469

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

550 Retention of documents

If:

(a) an inspector removes a document from any land, premises,

vessel, aircraft or vehicle under section 542, 547 or 547B; or

(b) a person produces a document to an inspector in accordance

with a requirement under subsection 549(1) or (1A);

then:

period as is necessary and reasonable for the purpose of

ascertaining whether the Spam Act 2003 or Part 21 of this

Act has been complied with; and

(d) during that period, the inspector must permit a person who

would be entitled to inspect the document if it were not in the

inspector’s possession to inspect the document at all

reasonable times.

Authorised Version C2017C00179 registered 30/06/2017

Part 28 Enforcement

Division 7 Forfeiture

Section 551

470 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 7—Forfeiture

551 Court may order forfeiture

(1) If a court convicts a person of an offence against this Act, the court

may order the forfeiture to the Commonwealth of anything used or

otherwise involved in the commission of the offence.

(2) A reference in this section to an offence against this Act includes a

reference to an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to this Act.

(3) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

552 Forfeited goods may be sold

A thing forfeited under section 551:

(a) may be sold or otherwise disposed of in accordance with the

directions of the ACMA; and

(b) pending such directions, must be kept in such custody as the

ACMA directs.

Authorised Version C2017C00179 registered 30/06/2017

Enforcement Part 28

Future offences Division 8

Section 553

Telecommunications Act 1997 471

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 8—Future offences

553 Offences that are going to be committed

(1) If:

(a) there are reasonable grounds for suspecting that an offence

against this Act is going to be committed; and

(b) the commission of that offence would pose a threat to the

safety of human life or cause substantial loss or damage;

this Part applies in relation to the offence as if there were

reasonable grounds for suspecting that it had been committed.

(2) A reference in this section to an offence against this Act includes a

reference to an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to this Act.

(3) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

Authorised Version C2017C00179 registered 30/06/2017

Part 29 Review of decisions

Section 554

472 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 29—Review of decisions

554 Simplified outline

The following is a simplified outline of this Part:

• Certain decisions of the ACMA may be reviewed by the

Administrative Appeals Tribunal following a process of

internal reconsideration by the ACMA.

555 Decisions that may be subject to reconsideration by the ACMA

An application may be made to the ACMA for reconsideration of a

decision of a kind specified in Part 1 of Schedule 4.

556 Deadlines for reaching certain decisions

(1) This section applies to a decision of a kind referred to in

section 555, other than a decision of a kind specified in Part 2 of

Schedule 4.

(2) If this Act provides for a person to make an application to the

ACMA for such a decision, the ACMA must make the decision:

(a) within 90 days after receiving the application; or

(b) if the ACMA has, within those 90 days, given the applicant a

written request for further information about the

application—within 90 days after receiving that further

information.

(3) The ACMA is taken, for the purposes of this Part, to have made a

decision to refuse the application if it has not informed the

applicant of its decision before the end of the relevant period of 90

days.

Authorised Version C2017C00179 registered 30/06/2017

Review of decisions Part 29

Section 557

Telecommunications Act 1997 473

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

557 Statements to accompany notification of decisions

(1) If the ACMA makes a decision of a kind referred to in section 555

and gives written notice of the decision to a person whose interests

it affects, the notice must include:

(a) a statement to the effect that a person affected by the decision

may, if he or she is dissatisfied with the decision, seek a

reconsideration of the decision by the ACMA under

subsection 558(1); and

(b) a statement to the effect that, if a person who has applied for

a reconsideration is dissatisfied with the ACMA’s decision

on the reconsideration:

(i) subject to the Administrative Appeals Tribunal Act

1975, application may be made to the Administrative

Appeals Tribunal for review of the decision on that

reconsideration; and

(ii) the person may request a statement under section 28 of

that Act in relation to the decision on that

reconsideration.

(2) Failure to comply with this section does not affect the validity of a

decision.

558 Applications for reconsideration of decisions

(1) A person affected by a decision of a kind referred to in section 555

who is dissatisfied with the decision may apply to the ACMA for

the ACMA to reconsider the decision.

(2) The application must:

(a) be in a form approved in writing by the ACMA; and

(b) set out the reasons for the application.

(3) The application must be made within:

(a) 28 days after the applicant is informed of the decision; or

(b) if, either before or after the end of that period of 28 days, the

ACMA extends the period within which the application may

be made—the extended period for making the application.

Authorised Version C2017C00179 registered 30/06/2017

Part 29 Review of decisions

Section 559

474 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4) An approved form of an application may provide for verification

by statutory declaration of statements in applications.

559 Reconsideration by the ACMA

(1) Upon receiving such an application, the ACMA must:

(a) reconsider the decision; and

(b) affirm, vary or revoke the decision.

(2) The ACMA’s decision on reconsideration of a decision has effect

as if it had been made under the provision under which the original

decision was made.

(3) The ACMA must give to the applicant a notice stating its decision

on the reconsideration together with a statement of its reasons for

its decision.

560 Deadlines for reconsiderations

(1) The ACMA must make its decision on reconsideration of a

decision within 90 days after receiving an application for

reconsideration.

(2) The ACMA is taken, for the purposes of this Part, to have made a

decision affirming the original decision if it has not informed the

applicant of its decision on the reconsideration before the end of

the period of 90 days.

561 Statements to accompany notification of decisions on

reconsideration

(1) A notice under subsection 559(3) notifying the applicant that a

decision has been affirmed or varied must include:

(a) a statement to the effect that a person affected by the decision

so affirmed or varied may, subject to the Administrative

Appeals Tribunal Act 1975, if he or she is dissatisfied with

the decision so affirmed or varied, apply to the

Administrative Appeals Tribunal for review of the decision;

and

Authorised Version C2017C00179 registered 30/06/2017

Review of decisions Part 29

Section 562

Telecommunications Act 1997 475

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) a statement to the effect that the person may request a

statement under section 28 of that Act in relation to the

decision so affirmed or varied.

(2) Failure to comply with this section does not affect the validity of a

decision.

562 Review by the Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal

to review a decision of a kind referred to in section 555 if the

ACMA has affirmed or varied the decision under section 559.

Authorised Version C2017C00179 registered 30/06/2017

Part 30 Injunctions

Section 563

476 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 30—Injunctions

563 Simplified outline

The following is a simplified outline of this Part:

• The Federal Court may grant injunctions in relation to

contraventions of:

(a) this Act; or

(b) the Telecommunications (Consumer Protection

and Service Standards) Act 1999; or

564 Injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in

any conduct in contravention of this Act, the Federal Court may,

on the application of the Minister, the ACMA or the ACCC, grant

an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the person to do something.

Performance injunctions

(2) If:

(a) a person has refused or failed, or is refusing or failing, or is

proposing to refuse or fail, to do an act or thing; and

(b) the refusal or failure was, is or would be a contravention of

this Act;

Authorised Version C2017C00179 registered 30/06/2017

Injunctions Part 30

Section 564

Telecommunications Act 1997 477

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the Federal Court may, on the application of the Minister, the

ACMA or the ACCC, grant an injunction requiring the person to

do that act or thing.

Limit on standing of the ACMA

(3) Despite subsections (1) and (2), the ACMA is not entitled to apply

for an injunction in relation to a contravention of:

(a) the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to section 369; or

(aa) the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to section 577AD, 577CD or

577ED; or

(b) a carrier licence condition set out in Part 3, 4 or 5 of

Schedule 1; or

(ba) the carrier licence condition set out in clause 84 of

Schedule 1; or

far as that rule relates to section 369; or

(d) the carrier licence condition set out in section 152AZ of the

Competition and Consumer Act 2010; or

(e) the service provider rule set out in subsection 152BA(2) of

the Competition and Consumer Act 2010; or

(f) the carrier licence condition set out in section 152BCO of the

Competition and Consumer Act 2010; or

(g) the service provider rule set out in subsection 152BCP(2) of

the Competition and Consumer Act 2010; or

(h) the carrier licence condition set out in section 152BDF of the

Competition and Consumer Act 2010; or

(i) the service provider rule set out in subsection 152BDG(2) of

the Competition and Consumer Act 2010; or

(j) the carrier licence condition set out in section 152BEC of the

Competition and Consumer Act 2010; or

(k) the service provider rule set out in subsection 152BED(2) of

the Competition and Consumer Act 2010; or

Authorised Version C2017C00179 registered 30/06/2017

Part 30 Injunctions

Section 564

478 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(l) the carrier licence condition set out in section 152CJC of the

Competition and Consumer Act 2010; or

(m) the service provider rule set out in subsection 152CJD(2) of

the Competition and Consumer Act 2010; or

(n) the carrier licence condition set out in section 37 of the

National Broadband Network Companies Act 2011; or

(o) the service provider rule set out in subsection 38(2) of the

National Broadband Network Companies Act 2011; or

(p) a carrier licence condition covered by section 41 of the

National Broadband Network Companies Act 2011.

Note 1: Section 369 deals with Rules of Conduct under section 367.

Note 1A: Sections 577AD, 577CD and 577ED deal with undertakings given by

Telstra.

Note 2: Parts 3, 4 and 5 of Schedule 1 deal with access to network information

and access to facilities.

Note 2A: Clause 84 of Schedule 1 deals with control by Telstra of certain

spectrum licences.

Note 3: Section 152AZ of the Competition and Consumer Act 2010 deals with

standard access obligations.

Note 4: Subsection 152BA(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

standard access obligations, and certain ancillary obligations, that are

applicable to the provider.

Note 5: Section 152BCO of the Competition and Consumer Act 2010 deals

with access determinations.

Note 6: Subsection 152BCP(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any access

determinations that are applicable to the provider.

Note 7: Section 152BDF of the Competition and Consumer Act 2010 deals

with binding rules of conduct.

Note 8: Subsection 152BDG(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

binding rules of conduct that are applicable to the provider.

Note 9: Section 152BEC of the Competition and Consumer Act 2010 deals

with access agreements.

Note 10: Subsection 152BED(2) of the Competition and Consumer Act 2010

deals with access agreements.

Authorised Version C2017C00179 registered 30/06/2017

Injunctions Part 30

Section 565

Telecommunications Act 1997 479

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 11: Section 152CJC of the Competition and Consumer Act 2010 deals

with rules about the supply of services by NBN corporations.

Note 12: Subsection 152CJD(2) of the Competition and Consumer Act 2010

deals with rules about the supply of services by NBN corporations.

Note 13: Section 37 of the National Broadband Network Companies Act 2011

deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

Note 14: Subsection 38(2) of the National Broadband Network Companies Act

2011 deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

Note 15: Section 41 of the National Broadband Network Companies Act 2011

deals with rules about the supply of services by NBN corporations.

(4) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

565 Interim injunctions

Grant of interim injunction

(1) If an application is made to the court for an injunction under

section 564, the court may, before considering the application,

grant an interim injunction restraining a person from engaging in

conduct of a kind referred to in that section.

No undertakings as to damages

(2) The court is not to require an applicant for an injunction under

section 564, as a condition of granting an interim injunction, to

give any undertakings as to damages.

Authorised Version C2017C00179 registered 30/06/2017

Part 30 Injunctions

Section 566

480 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

566 Discharge etc. of injunctions

The court may discharge or vary an injunction granted under this

Part.

567 Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of the court under this Part to grant an injunction

restraining a person from engaging in conduct of a particular kind

may be exercised:

(a) if the court is satisfied that the person has engaged in conduct

of that kind—whether or not it appears to the court that the

person intends to engage again, or to continue to engage, in

conduct of that kind; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will engage in conduct of that kind—

whether or not the person has previously engaged in conduct

of that kind and whether or not there is an imminent danger

of substantial damage to any person if the person engages in

conduct of that kind.

Performance injunctions

(2) The power of the court to grant an injunction requiring a person to

do an act or thing may be exercised:

(a) if the court is satisfied that the person has refused or failed to

do that act or thing—whether or not it appears to the court

that the person intends to refuse or fail again, or to continue

to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, if an injunction is not granted, it

is likely that the person will refuse or fail to do that act or

thing—whether or not the person has previously refused or

failed to do that act or thing and whether or not there is an

imminent danger of substantial damage to any person if the

person refuses or fails to do that act or thing.

Authorised Version C2017C00179 registered 30/06/2017

Injunctions Part 30

Section 568

Telecommunications Act 1997 481

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

568 Other powers of the court unaffected

The powers conferred on the court under this Part are in addition

to, and not instead of, any other powers of the court, whether

conferred by this Act or otherwise.

Authorised Version C2017C00179 registered 30/06/2017

Part 31 Civil penalties

Section 569

482 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 31—Civil penalties

569 Simplified outline

The following is a simplified outline of this Part:

• Pecuniary penalties are payable for contraventions of civil

penalty provisions.

570 Pecuniary penalties for contravention of civil penalty provisions

(1) If the Federal Court is satisfied that a person has contravened a

civil penalty provision, the Court may order the person to pay to

the Commonwealth such pecuniary penalty, in respect of each

contravention, as the Court determines to be appropriate.

(2) In determining the pecuniary penalty, the Court must have regard

to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered as a

result of the contravention; and

(d) whether the person has previously been found by the Court in

proceedings under this Act to have engaged in any similar

conduct.

(3) The pecuniary penalty payable under subsection (1) by a body

corporate is not to exceed:

(a) in the case of a contravention of subsection 68(1) or (2) or

101(1) or (2)—$10 million for each contravention; or

(b) in any other case—$250,000 for each contravention.

(4) The pecuniary penalty payable under subsection (1) by a person

other than a body corporate is not to exceed $50,000 for each

contravention.

Authorised Version C2017C00179 registered 30/06/2017

Civil penalties Part 31

Section 570

Telecommunications Act 1997 483

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(4A) Subsections (3) and (4) do not apply to a contravention of

subsection 139(1) or (2).

(4B) Section 25 of the Do Not Call Register Act 2006 applies to a

contravention of subsection 139(1) or (2) of this Act in a

corresponding way to the way in which it applies to a

contravention of subsection 12(1) or (2) of the Do Not Call

Register Act 2006, subject to the following modifications:

(a) each reference in section 25 of the Do Not Call Register Act

2006 to subsection 24(1) of that Act includes a reference to

subsection (1) of this section;

(b) each reference in section 25 of the Do Not Call Register Act

2006 to a civil penalty provision includes a reference to

subsection 139(1) or (2) of this Act;

2006 to a civil penalty order includes a reference to an order

under subsection (1) of this section.

(5) If conduct constitutes a contravention of 2 or more civil penalty

provisions, proceedings may be instituted under this Act against a

person in relation to the contravention of any one or more of those

provisions. However, the person is not liable to more than one

pecuniary penalty under this section in respect of the same

conduct. This subsection has effect subject to subsection (6).

(6) If conduct constitutes a contravention of:

(a) section 68 or 101; and

(b) one or more other civil penalty provisions;

proceedings must not be instituted under this Act against the

person in relation to the contravention of section 68 or 101, as the

case may be.

(7) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

Authorised Version C2017C00179 registered 30/06/2017

Part 31 Civil penalties

Section 571

484 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

571 Civil action for recovery of pecuniary penalties

(1) The Minister, the ACMA or the ACCC may institute a proceeding

in the Federal Court for the recovery on behalf of the

Commonwealth of a pecuniary penalty referred to in section 570.

(2) A proceeding under subsection (1) may be commenced within 6

years after the contravention.

(3) Despite subsection (1), the ACMA is not entitled to institute a

proceeding for the recovery of a pecuniary penalty in respect of a

contravention of:

(a) the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to section 369; or

(aa) the carrier licence condition set out in Part 1 of Schedule 1 in

so far as that condition relates to section 577AD, 577CD or

577ED; or

(b) a carrier licence condition set out in Part 3, 4 or 5 of

Schedule 1; or

(ba) the carrier licence condition set out in clause 84 of

Schedule 1; or

far as that rule relates to section 369; or

(d) the carrier licence condition set out in section 152AZ of the

Competition and Consumer Act 2010; or

(e) the service provider rule set out in subsection 152BA(2) of

the Competition and Consumer Act 2010; or

(f) the carrier licence condition set out in section 152BCO of the

Competition and Consumer Act 2010; or

(g) the service provider rule set out in subsection 152BCP(2) of

the Competition and Consumer Act 2010; or

(h) the carrier licence condition set out in section 152BDF of the

Competition and Consumer Act 2010; or

(i) the service provider rule set out in subsection 152BDG(2) of

the Competition and Consumer Act 2010; or

(j) the carrier licence condition set out in section 152BEC of the

Competition and Consumer Act 2010; or

Authorised Version C2017C00179 registered 30/06/2017

Civil penalties Part 31

Section 571

Telecommunications Act 1997 485

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(k) the service provider rule set out in subsection 152BED(2) of

the Competition and Consumer Act 2010; or

(l) the carrier licence condition set out in section 152CJC of the

Competition and Consumer Act 2010; or

(m) the service provider rule set out in subsection 152CJD(2) of

the Competition and Consumer Act 2010; or

(n) the carrier licence condition set out in section 37 of the

National Broadband Network Companies Act 2011; or

(o) the service provider rule set out in subsection 38(2) of the

National Broadband Network Companies Act 2011; or

(p) a carrier licence condition covered by section 41 of the

National Broadband Network Companies Act 2011.

Note 1: Section 369 deals with Rules of Conduct under section 367.

Note 1A: Sections 577AD, 577CD and 577ED deal with undertakings given by

Telstra.

Note 2: Parts 3, 4 and 5 of Schedule 1 deal with access to network information

and access to facilities.

Note 2A: Clause 84 of Schedule 1 deals with control by Telstra of certain

spectrum licences.

Note 3: Section 152AZ of the Competition and Consumer Act 2010 deals with

standard access obligations.

Note 4: Subsection 152BA(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

standard access obligations, and certain ancillary obligations, that are

applicable to the provider.

Note 5: Section 152BCO of the Competition and Consumer Act 2010 deals

with access determinations.

Note 6: Subsection 152BCP(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any access

determinations that are applicable to the provider.

Note 7: Section 152BDF of the Competition and Consumer Act 2010 deals

with binding rules of conduct.

Note 8: Subsection 152BDG(2) of the Competition and Consumer Act 2010

provides that a carriage service provider must comply with any

binding rules of conduct that are applicable to the provider.

Authorised Version C2017C00179 registered 30/06/2017

Part 31 Civil penalties

Section 572

486 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note 9: Section 152BEC of the Competition and Consumer Act 2010 deals

with access agreements.

Note 10: Subsection 152BED(2) of the Competition and Consumer Act 2010

deals with access agreements.

Note 11: Section 152CJC of the Competition and Consumer Act 2010 deals

with rules about the supply of services by NBN corporations.

Note 12: Subsection 152CJD(2) of the Competition and Consumer Act 2010

deals with rules about the supply of services by NBN corporations.

Note 13: Section 37 of the National Broadband Network Companies Act 2011

deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

Note 14: Subsection 38(2) of the National Broadband Network Companies Act

2011 deals with rules about:

(a) the supply of goods and services by NBN corporations; and

(b) the investment of money by NBN corporations; and

(d) the divestment of assets by NBN corporations.

Note 15: Section 41 of the National Broadband Network Companies Act 2011

deals with rules about the supply of services by NBN corporations.

572 Criminal proceedings not to be brought for contravention of

civil penalty provisions

Criminal proceedings do not lie against a person only because the

person has contravened a civil penalty provision.

Authorised Version C2017C00179 registered 30/06/2017

Enforceable undertakings Part 31A

Section 572A

Telecommunications Act 1997 487

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 31A—Enforceable undertakings

572A Simplified outline

The following is a simplified outline of this Part:

• A person may give the ACMA an enforceable undertaking

about compliance with this Act.

572B Acceptance of undertakings

(1) The ACMA may accept any of the following undertakings:

(a) a written undertaking given by a person that the person will,

in order to comply with this Act, take specified action;

(b) a written undertaking given by a person that the person will,

in order to comply with this Act, refrain from taking

specified action;

take specified action directed towards ensuring that the

person does not contravene this Act, or is unlikely to

contravene this Act, in the future.

(2) The undertaking must be expressed to be an undertaking under this

section.

(3) The person may withdraw or vary the undertaking at any time, but

only with the consent of the ACMA.

(4) The ACMA may, by written notice given to the person, cancel the

undertaking.

(5) The ACMA may publish the undertaking on its website.

(6) In this section:

this Act includes:

Authorised Version C2017C00179 registered 30/06/2017

Part 31A Enforceable undertakings

Section 572C

488 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999; and

(b) the Do Not Call Register Act 2006.

572C Enforcement of undertakings

(1) If:

(a) a person has given an undertaking under section 572B; and

(b) the undertaking has not been withdrawn or cancelled; and

undertaking;

the ACMA may apply to the Federal Court for an order under

subsection (2).

(2) If the Federal Court is satisfied that the person has breached the

undertaking, the Court may make any or all of the following

orders:

(a) an order directing the person to comply with the undertaking;

(b) an order directing the person to pay to the Commonwealth an

amount up to the amount of any financial benefit that the

person has obtained directly or indirectly and that is

reasonably attributable to the breach;

person to compensate any other person who has suffered loss

or damage as a result of the breach;

(d) any other order that the Court considers appropriate.

Authorised Version C2017C00179 registered 30/06/2017

Infringement notices for contraventions of civil penalty provisions Part 31B

Section 572D

Telecommunications Act 1997 489

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 31B—Infringement notices for contraventions

of civil penalty provisions

572D Simplified outline

The following is a simplified outline of this Part:

• This Part sets up a system of infringement notices for

contraventions of civil penalty provisions as an alternative to

the institution of court proceedings.

572E When an infringement notice can be given

(1) If an authorised infringement notice officer has reasonable grounds

to believe that a person has contravened a particular civil penalty

provision, the authorised infringement notice officer may give to

the person an infringement notice relating to the contravention.

Note: See also section 572M (guidelines).

Time limit

(2) An infringement notice must be given within 12 months after the

day on which the contravention is alleged to have taken place.

Carrier licence conditions and service provider rules

(3) If a person’s conduct constitutes a contravention of:

(a) section 68 or 101; and

(b) one or more other civil penalty provisions;

an infringement notice must not be given to the person in relation

to the contravention of section 68 or 101, as the case may be.

(4) If:

(a) a person’s conduct constitutes a contravention of section 68

or 101; and

Authorised Version C2017C00179 registered 30/06/2017

Part 31B Infringement notices for contraventions of civil penalty provisions

Section 572E

490 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the contravention consists of a breach of:

(i) the carrier licence condition set out in Part 1 of

Schedule 1 in so far as that condition relates to

section 369; or

(ia) the carrier licence condition set out in Part 1 of

Schedule 1 in so far as that condition relates to

section 577AD, 577CD or 577ED; or

(ii) a carrier licence condition set out in Part 3, 4 or 5 of

Schedule 1; or

(iii) a carrier licence condition set out in Part 9 of

Schedule 1; or

(iv) the carrier licence condition set out in clause 84 of

Schedule 1; or

(v) the service provider rule set out in Part 1 of Schedule 2

in so far as that rule relates to section 369; or

(vi) the carrier licence condition set out in section 152AZ of

the Competition and Consumer Act 2010; or

(vii) the service provider rule set out in subsection 152BA(2)

of the Competition and Consumer Act 2010; or

(viii) the carrier licence condition set out in section 152BCO

of the Competition and Consumer Act 2010; or

(ix) the service provider rule set out in

subsection 152BCP(2) of the Competition and

Consumer Act 2010; or

(x) the carrier licence condition set out in section 152BDF

of the Competition and Consumer Act 2010; or

(xi) the service provider rule set out in

subsection 152BDG(2) of the Competition and

Consumer Act 2010; or

(xii) the carrier licence condition set out in section 152BEC

of the Competition and Consumer Act 2010; or

(xiii) the service provider rule set out in

subsection 152BED(2) of the Competition and

Consumer Act 2010; or

(xiv) the carrier licence condition set out in section 152CJC

of the Competition and Consumer Act 2010; or

Authorised Version C2017C00179 registered 30/06/2017

Infringement notices for contraventions of civil penalty provisions Part 31B

Section 572E

Telecommunications Act 1997 491

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(xv) the service provider rule set out in

subsection 152CJD(2) of the Competition and

Consumer Act 2010; or

(xvi) the carrier licence condition set out in section 37 of the

National Broadband Network Companies Act 2011; or

(xvii) the service provider rule set out in subsection 38(2) of

the National Broadband Network Companies Act 2011;

(xviii) a carrier licence condition covered by section 41 of the

National Broadband Network Companies Act 2011;

an infringement notice must not be given to the person in relation

to the contravention of section 68 or 101, as the case may be.

(5) If:

(a) a person’s conduct constitutes a contravention of section 68

or 101; and

(b) the contravention consists of a breach of:

(i) a carrier licence condition set out in a provision of this

Act other than Part 1 of Schedule 1; or

(ii) a carrier licence condition set out in a provision of a

declaration in force under section 63; or

(iii) a service provider rule set out in a provision of this Act

other than Part 1 of Schedule 2; or

(iv) a service provider rule set out in a provision of a

determination in force under section 99;

an infringement notice must not be given to the person in relation

to the contravention of section 68 or 101, as the case may be,

unless the provision mentioned in subparagraph (b)(i), (ii), (iii) or

(iv), as the case may be:

(d) has been a listed infringement notice provision for at least 3

months before the day on which the contravention is alleged

to have taken place.

Note: For listed infringement notice provision, see subsection (7).

(6) If:

Authorised Version C2017C00179 registered 30/06/2017

Part 31B Infringement notices for contraventions of civil penalty provisions

Section 572E

492 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a person’s conduct constitutes a contravention of section 68

or 101; and

(b) the contravention consists of a breach of:

(i) the carrier licence condition set out in Part 1 of

Schedule 1; or

(ii) the service provider rule set out in Part 1 of Schedule 2;

and

this Act;

an infringement notice must not be given to the person in relation

to the contravention of section 68 or 101, as the case may be,

unless:

(d) the other provision is a listed infringement notice provision;

and

(e) the other provision has been a listed infringement notice

provision for at least 3 months before the day on which the

contravention is alleged to have taken place.

Note: For listed infringement notice provision, see subsection (7).

Listed infringement notice provision

(7) The ACMA may, by legislative instrument, declare that:

(a) a specified provision of this Act; or

(b) a specified provision of a declaration in force under

section 63; or

section 99;

is a listed infringement notice provision for the purposes of this

section.

Consultation

(8) Before making or varying a declaration under subsection (7), the

ACMA must:

(a) cause to be published on the ACMA’s website a notice:

(i) setting out the draft declaration or variation; and

Authorised Version C2017C00179 registered 30/06/2017

Infringement notices for contraventions of civil penalty provisions Part 31B

Section 572F

Telecommunications Act 1997 493

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) inviting persons to make submissions to the ACMA

about the draft declaration or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

Definition

(9) In this section:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) Chapter 5 of the Telecommunications (Interception and

Access) Act 1979.

572F Matters to be included in an infringement notice

(1) An infringement notice must:

(a) set out the name of the person to whom the notice is given;

and

(b) set out the name of the authorised infringement notice officer

who gave the notice; and

(d) contain a statement to the effect that the matter will not be

dealt with by the Federal Court if the penalty specified in the

notice is paid to the ACMA, on behalf of the

Commonwealth, within:

(i) 28 days after the notice is given; or

(ii) if the ACMA allows a longer period—that longer

period; and

(e) give an explanation of how payment of the penalty is to be

made; and

(f) set out such other matters (if any) as are specified by the

regulations.

Note: For the amount of penalty, see section 572G.

Authorised Version C2017C00179 registered 30/06/2017

Part 31B Infringement notices for contraventions of civil penalty provisions

Section 572G

494 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) For the purposes of paragraph (1)(c), the brief details must include

the following information in relation to the alleged contravention:

(a) the date of the alleged contravention;

(b) the civil penalty provision that was allegedly contravened.

572G Amount of penalty

Infringement notice given to a body corporate

(1) The penalty to be specified in an infringement notice given to a

body corporate must be a pecuniary penalty equal to:

(a) if the alleged contravention is of a kind specified in a

determination under subsection (2)—the number of penalty

units specified in the determination in relation to that kind of

contravention; or

(b) otherwise—60 penalty units.

(2) For the purposes of paragraph (1)(a), the Minister may, by

legislative instrument, make a determination that:

(a) sets out one or more kinds of contraventions of section 68 or

101; and

(b) for each kind of contravention set out in the determination,

specifies a particular number of penalty units.

(3) The number of penalty units specified in a determination for a

particular kind of contravention must not exceed 18,000.

Infringement notice given to a person other than a body corporate

(4) The penalty to be specified in an infringement notice given to a

person other than a body corporate must be a pecuniary penalty

equal to 12 penalty units.

572H Withdrawal of an infringement notice

Scope

(1) This section applies if an infringement notice is given to a person.

Authorised Version C2017C00179 registered 30/06/2017

Infringement notices for contraventions of civil penalty provisions Part 31B

Section 572J

Telecommunications Act 1997 495

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Withdrawal

(2) An authorised infringement notice officer may, by written notice

(the withdrawal notice) given to the person, withdraw the

infringement notice.

(3) To be effective, the withdrawal notice must be given to the person

within 28 days after the infringement notice was given.

Refund of penalty if infringement notice withdrawn

(4) If:

(a) the penalty specified in the infringement notice is paid; and

(b) the infringement notice is withdrawn after the penalty is paid;

the Commonwealth is liable to refund the penalty.

572J What happens if the penalty is paid

Scope

(1) This section applies if:

(a) an infringement notice relating to an alleged contravention is

given to a person; and

(b) the penalty is paid in accordance with the infringement

notice; and

What happens

(2) Any liability of the person for the alleged contravention is

discharged.

(3) Proceedings under Part 31 may not be brought against the person

for the alleged contravention.

572K Effect of this Part on civil proceedings

This Part does not:

Authorised Version C2017C00179 registered 30/06/2017

Part 31B Infringement notices for contraventions of civil penalty provisions

Section 572L

496 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) require an infringement notice to be given in relation to an

alleged contravention; or

(b) affect the liability of a person to have proceedings under

Part 31 brought against the person for an alleged

contravention if:

(i) the person does not comply with an infringement notice

relating to the contravention; or

(ii) an infringement notice relating to the contravention is

not given to the person; or

(iii) an infringement notice relating to the contravention is

given to the person and subsequently withdrawn; or

of a penalty to be imposed on a person who is found in

proceedings under Part 31 to have contravened a civil penalty

provision.

572L Appointment of authorised infringement notice officer

(1) The ACMA may, by writing, appoint a member of the staff of the

ACMA as an authorised infringement notice officer for the

purposes of this Part.

(2) The ACMA must not appoint a person under subsection (1) unless

the person:

(a) is an SES employee or acting SES employee; or

(b) holds, or is acting in, an Executive Level 1 or 2 position or an

equivalent position.

Note: SES employee is defined in the Acts Interpretation Act 1901.

572M Guidelines relating to infringement notices

(1) In exercising a power conferred on an authorised infringement

notice officer by this Part, the officer must have regard to any

relevant guidelines in force under subsection (2).

Authorised Version C2017C00179 registered 30/06/2017

Infringement notices for contraventions of civil penalty provisions Part 31B

Section 572N

Telecommunications Act 1997 497

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Formulation of guidelines

(2) The ACMA may, by legislative instrument, formulate guidelines

for the purposes of subsection (1).

Note: For consultation requirements, see section 17 (consultation) of the

Legislation Act 2003.

(3) An authorised infringement notice officer must not give an

infringement notice to a person unless guidelines are in force under

subsection (2).

572N Regulations

The regulations may make further provision in relation to

infringement notices.

Authorised Version C2017C00179 registered 30/06/2017

Part 32 Vicarious liability

Section 573

498 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 32—Vicarious liability

573 Simplified outline

The following is a simplified outline of this Part:

• This Part deals with the proof of matters that involve

employees, agents etc.

574 Proceedings under this Act

A reference in this Part to a proceeding under this Act includes a

reference to:

(a) an action under this Act; and

(b) a proceeding for an offence against:

(i) this Act; or

(ii) an offence created by section 6 of the Crimes Act 1914

or Part 2.4 of the Criminal Code that relates to this Act.

574A Definition

In this Part:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

Authorised Version C2017C00179 registered 30/06/2017

Vicarious liability Part 32

Section 575

Telecommunications Act 1997 499

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

575 Liability of corporations

State of mind

(1) If, in a proceeding under this Act in respect of conduct engaged in

by a corporation, it is necessary to establish the state of mind of the

corporation, it is sufficient to show that:

(a) a director, employee or agent of the corporation engaged in

that conduct; and

(b) the director, employee or agent was, in engaging in that

conduct, acting within the scope of his or her actual or

apparent authority; and

Conduct

(2) If:

(a) conduct is engaged in on behalf of a corporation by a

director, employee or agent of the corporation; and

(b) the conduct is within the scope of his or her actual or

apparent authority;

the conduct is taken, for the purposes of a proceeding under this

Act, to have been engaged in by the corporation unless the

corporation establishes that it took reasonable precautions and

exercised due diligence to avoid the conduct.

Extended meaning of state of mind

(3) A reference in subsection (1) to the state of mind of a person

includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the

person; and

(b) the person’s reasons for the intention, opinion, belief or

purpose.

Authorised Version C2017C00179 registered 30/06/2017

Part 32 Vicarious liability

Section 576

500 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Extended meaning of director

(4) A reference in this section to a director of a corporation includes a

reference to a constituent member of a body corporate incorporated

for a public purpose by a law of the Commonwealth, a State or a

Territory.

Extended meaning of engaging in conduct

(5) A reference in this section to engaging in conduct includes a

reference to failing or refusing to engage in conduct.

576 Liability of persons other than corporations

This section does not apply to proceedings for certain offences

(1) This section does not apply to proceedings for:

(a) an offence against section 42; or

(b) an offence created by section 6 of the Crimes Act 1914 or

Part 2.4 of the Criminal Code that relates to section 42 of this

Act.

State of mind

(2) If, in proceedings under this Act in respect of conduct engaged in

by a person other than a corporation, it is necessary to establish the

state of mind of the person, it is sufficient to show that:

(a) the conduct was engaged in by an employee or agent of the

person within the scope of his or her actual or apparent

authority; and

(b) the employee or agent had that state of mind.

Conduct

(3) If:

(a) conduct is engaged in on behalf of a person other than a

corporation by an employee or agent of the person; and

(b) the conduct is within the employee’s or agent’s actual or

apparent authority;

Authorised Version C2017C00179 registered 30/06/2017

Vicarious liability Part 32

Section 576

Telecommunications Act 1997 501

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

the conduct is taken, for the purposes of a proceeding under this

Act, to have been engaged in by the person unless the person

establishes that he or she took reasonable precautions and

exercised due diligence to avoid the conduct.

Limitation on imprisonment

(4) Despite any other provision of this Act, if:

(a) a person is convicted of an offence; and

(b) the person would not have been convicted of the offence if

subsections (2) and (3) had not been in force;

the person is not liable to be punished by imprisonment for that

offence.

Extended meaning of state of mind

(5) A reference in this section to the state of mind of a person includes

a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the

person; and

(b) the person’s reasons for the intention, opinion, belief or

purpose.

Extended meaning of engaging in conduct

(6) A reference in this section to engaging in conduct includes a

reference to failing or refusing to engage in conduct.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 1 Introduction

Section 577

502 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 33—Voluntary undertakings given by Telstra

Division 1—Introduction

577 Simplified outline

The following is a simplified outline of this Part:

• Telstra may give the following undertakings:

(a) an undertaking about structural separation;

(b) an undertaking about hybrid fibre-coaxial

networks;

broadcasting licences.

• An undertaking comes into force when it is accepted by the ACCC.

• The Minister may, by legislative instrument, determine that the excluded spectrum regime applies to Telstra. If the

Minister does so, Telstra will not be allowed to supply

services using a designated part of the spectrum unless all 3

undertakings given by Telstra are in force.

• 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.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577A

Telecommunications Act 1997 503

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 2—Structural separation

Subdivision A—Undertaking about structural separation

577A Acceptance of undertaking about structural separation

(1) The ACCC may accept a written undertaking given by Telstra that:

(a) at all times after the designated day:

(i) Telstra will not supply fixed-line carriage services to

retail customers in Australia using a

telecommunications network over which Telstra is in a

position to exercise control; and

(ii) Telstra will not be in a position to exercise control of a

company that supplies fixed-line carriage services to

retail customers in Australia using a

telecommunications network over which Telstra is in a

position to exercise control; and

(b) Telstra will, in connection with paragraph (a), take specified

action and/or refrain from taking specified action.

Note 1: For when Telstra is in a position to exercise control of a network, see

section 577Q.

Note 2: For control of a company, see section 577P.

Transparency and equivalence

(2) For the purposes of paragraph (1)(b), a matter relating to

transparency and equivalence in relation to the supply by Telstra of

regulated services to:

(a) Telstra’s wholesale customers; and

(b) Telstra’s retail business units;

during the period:

(d) ending at the start of the designated day;

is taken to be a matter that is in connection with paragraph (1)(a).

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577A

504 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) The ACCC must not accept an undertaking under this section

unless the ACCC is satisfied that:

(a) the undertaking provides for transparency and equivalence in

relation to the supply by Telstra of regulated services to:

(i) Telstra’s wholesale customers; and

(ii) Telstra’s retail business units;

during the period:

(iii) beginning when the undertaking comes into force; and

(iv) ending at the start of the designated day; and

(b) the undertaking does so in an appropriate and effective

manner.

(4) In subsections (2) and (3), equivalence, supply, regulated service

and retail business unit have the same meaning as in Part 9 of

Schedule 1.

Monitoring of compliance

(5) The ACCC must not accept an undertaking under this section

unless the ACCC is satisfied that:

(a) the undertaking provides for:

(i) the ACCC to monitor Telstra’s compliance with the

undertaking; and

(ii) Telstra to have systems, procedures and processes that

promote and facilitate the ACCC’s monitoring of

Telstra’s compliance with the undertaking; and

(b) the undertaking does so in an appropriate and effective

manner.

Matters to which ACCC must have regard

(6) In deciding whether to accept an undertaking under this section,

the ACCC must have regard to:

(a) the matters set out in an instrument in force under

subsection (7); and

(aa) the national interest in structural reform of the

telecommunications industry; and

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577A

Telecommunications Act 1997 505

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ab) the impact of that structural reform on:

(i) consumers; and

(ii) competition in telecommunications markets; and

(b) such other matters (if any) as the ACCC considers relevant.

(7) The Minister may, by writing, set out matters for the purposes of

paragraph (6)(a).

(7A) Before making or varying an instrument under subsection (7), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft instrument or variation; and

(ii) inviting persons to make submissions to the Minister

about the draft instrument or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

(8) The Minister must take all reasonable steps to ensure that an

instrument comes into force under subsection (7) as soon as

practicable after the commencement of this section.

(9) Telstra is not entitled to give an undertaking under this section

unless an instrument is in force under subsection (7).

Designated day

(10) For the purposes of this section, the designated day is:

(a) 1 July 2018; or

(b) if the Minister, by written instrument, specifies another

day—that other day.

(11) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a

power conferred on the Minister by paragraph (10)(b), but it

applies with the following changes:

(a) an instrument made under paragraph (10)(b) cannot be

varied;

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577A

506 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) an instrument made under paragraph (10)(b) must not be

revoked unless:

(i) a fresh instrument is made under that paragraph; and

(ii) the fresh instrument specifies a day that is later than the

day specified in the revoked instrument.

(12) If:

(a) the ACCC has accepted an undertaking given by Telstra

under subsection (1); and

(b) when the undertaking was accepted, a particular day (the

relevant day) was the designated day;

the Minister must not make an instrument under paragraph (10)(b)

specifying a day earlier than the relevant day.

(13) Telstra may, before the designated day, request the Minister to:

(a) if no instrument is in force under paragraph (10)(b)—make

an instrument under that paragraph specifying a particular

day; or

(b) if an instrument is in force under paragraph (10)(b):

(i) revoke that instrument; and

(ii) make a fresh instrument under that paragraph specifying

a particular day that is later than the day specified in the

revoked instrument.

(14) If Telstra gives the Minister a request under subsection (13), the

Minister must consider the request.

(15) However, the Minister is not required to consider the request if the

Minister is satisfied that the request:

(a) is frivolous or vexatious; or

(b) was not made in good faith.

General provisions

(16) An undertaking under this section must be expressed to be an

undertaking under this section.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577A

Telecommunications Act 1997 507

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(17) An undertaking under this section may not be withdrawn after it

has been accepted by the ACCC.

(18) If an undertaking under this section 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.

(19) Part 9 of Schedule 1 does not, by implication, limit the matters that

may be included in an undertaking under this section.

Note: Part 9 of Schedule 1 deals with the functional separation of Telstra.

Exemptions

(20) The Minister may, by legislative instrument, exempt a specified

fixed-line carriage service from the scope of subsection (1) and the

associated provisions, either:

(a) unconditionally; or

(b) subject to such conditions or limitations as are specified in

the instrument.

(21) The Minister may, by legislative instrument, exempt a specified

telecommunications network from the scope of subsection (1) and

the associated provisions, either:

(a) unconditionally; or

(b) subject to such conditions or limitations as are specified in

the instrument.

(22) The Minister must cause a copy of an instrument under

subsection (7) or paragraph (10)(b) to be published on the

Department’s website.

(23) An instrument under subsection (7) or paragraph (10)(b) is not a

legislative instrument.

Definitions

(24) In this section:

associated provision means:

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577AA

508 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) subsection 577BA(11); or

(b) subsection 577BC(2).

fixed-line carriage service means:

(a) a carriage service that is supplied using a line to premises

occupied or used by an end-user; or

(b) a service that facilitates the supply of a carriage service

covered by paragraph (a).

telecommunications market has the same meaning as in Part XIB

of the Competition and Consumer Act 2010.

577AA Acceptance of undertaking about structural separation may

be subject to the occurrence of events

(1) If:

(a) Telstra has, in a document accompanying an undertaking

under section 577A, nominated one or more events; and

(b) the nomination is expressed to be a nomination under this

subsection; and

(i) the passage of a resolution covered by

subparagraph 411(4)(a)(ii) of the Corporations Act

2001; or

(ii) an approval covered by paragraph 411(4)(b) of that Act;

(iii) the passage of a resolution, where Telstra’s members

(within the meaning of that Act) were entitled to vote on

the resolution; or

(iv) an approval covered by Chapter 11 of the ASX Listing

Rules; or

(v) the granting of a waiver under rule 18.1 of the ASX

Listing Rules; or

(vi) the approval of a draft migration plan by the ACCC

under section 577BDA or 577BDC; or

(vii) the making of a declaration under subsection 577J(3); or

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577AA

Telecommunications Act 1997 509

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(viii) the making of a declaration under subsection 577J(5); or

(ix) an event specified in an instrument in force under

subsection (3); and

(d) the ACCC decides to accept the undertaking;

the decision to accept the undertaking must be expressed to be

subject to the occurrence of those events within a specified period

after the undertaking is accepted.

(2) A nomination under subsection (1) must not specify an event by

reference to the timing of the event.

(3) The Minister may, by writing, specify events for the purposes of

subparagraph (1)(c)(ix).

(4) A period specified by the ACCC under subsection (1) must be:

(a) 6 months; or

(b) if another period is specified in an instrument under

subsection (5)—that period.

(5) The Minister may, by writing, specify a period for the purposes of

paragraph (4)(b).

Notification requirement

(6) If:

(a) a decision to accept an undertaking under section 577A is

expressed to be subject to the occurrence of one or more

specified events within a specified period; and

(b) such an event occurs within that period;

Telstra must notify the ACCC in writing of the occurrence of the

event as soon as practicable after the occurrence.

(6A) Subsection (6) does not apply to an event mentioned in

subparagraph (1)(c)(vi).

If event does not occur

(7) If:

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577AB

510 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a decision to accept an undertaking under section 577A is

expressed to be subject to the occurrence of a single specified

event within a specified period; and

(b) the event does not occur within that period;

this Act (other than subclause 76(4) of Schedule 1) has effect as if

the undertaking had never been accepted by the ACCC.

(8) If:

(a) a decision to accept an undertaking under section 577A is

expressed to be subject to the occurrence of 2 or more

specified events within a specified period; and

(b) one or more of those events do not occur within that period;

this Act (other than subclause 76(4) of Schedule 1) has effect as if

the undertaking had never been accepted by the ACCC.

Publication requirement

(9) The Minister must cause a copy of an instrument under

subsection (3) or (5) to be published on the Department’s website.

Instruments are not legislative instruments

(10) An instrument under subsection (3) or (5) is not a legislative

instrument.

577AB When undertaking about structural separation comes into

force

An undertaking under section 577A comes into force:

(a) if:

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of a single specified event

within a specified period; and

(ii) the event occurs within that period;

when the event occurs; or

(b) if:

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577AC

Telecommunications Act 1997 511

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of 2 or more specified events

within a specified period; and

(ii) each of those events occur at the same time; and

(iii) that time occurs within that period;

at that time; or

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of 2 or more specified events

within a specified period; and

(ii) each of those events occur at different times; and

(iii) each of those times occur within that period;

at the last of those times; or

(d) if the decision to accept the undertaking is not expressed to

be subject to the occurrence of one or more specified events

within a specified period—when the undertaking is accepted

by the ACCC.

577AC Publication requirements for undertaking about structural

separation

(1) If a decision to accept an undertaking under section 577A is

expressed to be subject to the occurrence of one or more specified

events within a specified period, the ACCC must:

(a) as soon as practicable after making the decision, publish on

its website:

(i) the undertaking; and

(ii) the terms of the decision; and

(b) as soon as practicable after the ACCC becomes aware that

the undertaking has come into force, publish on its website a

notice announcing that the undertaking has come into force.

(2) If a decision to accept an undertaking under section 577A is not

expressed to be subject to the occurrence of one or more specified

events within a specified period, the ACCC must, as soon as

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577AD

512 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

practicable after accepting the undertaking, publish the undertaking

on its website.

577AD Compliance with undertaking about structural separation

If an undertaking given by Telstra is in force under section 577A,

Telstra must comply with the undertaking.

577B Variation of undertaking about structural separation

(1) This section applies if an undertaking given by Telstra is in force

under section 577A.

(2) Telstra may give the ACCC a variation of the undertaking, in so far

as the undertaking:

(a) is covered by paragraph 577A(1)(b); and

(b) does not consist of provisions of a final migration plan.

Note: For variation of a final migration plan, see section 577BF.

(3) After considering the variation, the ACCC must decide to:

(a) accept the variation; or

(b) reject the variation.

(4) In deciding whether to accept the variation, the ACCC must have

regard to:

(a) the matters (if any) set out in an instrument in force under

subsection (5); and

(b) such other matters (if any) as the ACCC considers relevant.

(5) The Minister may, by writing, set out matters for the purposes of

paragraph (4)(a).

(5A) Before making or varying an instrument under subsection (5), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft instrument or variation; and

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BA

Telecommunications Act 1997 513

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) inviting persons to make submissions to the Minister

about the draft instrument or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

(6) The variation takes effect when it is accepted by the ACCC.

(7) As soon as practicable after the variation takes effect, the ACCC

must publish the variation on its website.

(8) The Minister must cause a copy of an instrument under

subsection (5) to be published on the Department’s website.

(9) An instrument under subsection (5) is not a legislative instrument.

577BA Authorised conduct—subsection 51(1) of the Competition and

Consumer Act 2010

Object

(1) The object of this section is to promote the national interest in

structural reform of the telecommunications industry by

authorising, for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010, certain conduct engaged in

by:

(a) Telstra; and

(b) NBN corporations; and

Note: If conduct is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010, the conduct is disregarded in

deciding whether a person has contravened Part IV of that Act.

Authorised conduct

(2) The giving by Telstra of:

(a) an undertaking under section 577A; or

(b) a variation of an undertaking in force under section 577A; or

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BA

514 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

force under section 577A; or

(d) a variation of a final migration plan;

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010.

(3) If:

(a) Telstra enters into a contract, arrangement or understanding

with an NBN corporation; and

(b) when the contract, arrangement or understanding is entered

into, no undertaking is in force under section 577A; and

understanding are subject to a condition precedent, namely,

the coming into force of an undertaking under section 577A;

then:

(d) the entering into of the contract, arrangement or

understanding by Telstra is authorised for the purposes of

subsection 51(1) of the Competition and Consumer Act 2010;

and

(e) the entering into of the contract, arrangement or

understanding by the NBN corporation is authorised for the

purposes of subsection 51(1) of the Competition and

Consumer Act 2010; and

(f) if:

(i) the undertaking under section 577A comes into force;

and

(ii) if the contract, arrangement or understanding was in

writing—before the undertaking was accepted by the

ACCC, Telstra or the NBN corporation gave the ACCC

a copy of the contract, arrangement or understanding;

and

(iii) if the contract, arrangement or understanding was not in

writing—before the undertaking was accepted by the

ACCC, the contract, arrangement or understanding was

reduced to writing and Telstra or the NBN corporation

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BA

Telecommunications Act 1997 515

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

gave the ACCC a copy of the contract, arrangement or

understanding;

then:

(iv) conduct engaged in by Telstra or the NBN corporation

after the undertaking comes into force in order to give

effect to a provision of the contract, arrangement or

understanding is authorised for the purposes of

subsection 51(1) of the Competition and Consumer Act

2010; and

(v) conduct engaged in by another NBN corporation after

the undertaking comes into force in order to facilitate

the first-mentioned NBN corporation giving effect to a

provision of the contract, arrangement or understanding

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010.

(4) If:

(a) Telstra enters into a contract, arrangement or understanding

with an NBN corporation; and

(b) the contract, arrangement or understanding contains a

migration provision; and

into, no undertaking is in force under section 577A;

then:

(d) the entering into of the contract, arrangement or

understanding by Telstra is authorised for the purposes of

subsection 51(1) of the Competition and Consumer Act 2010,

to the extent to which the contract, arrangement or

understanding contains the migration provision; and

(e) the entering into of the contract, arrangement or

understanding by the NBN corporation is authorised for the

purposes of subsection 51(1) of the Competition and

Consumer Act 2010, to the extent to which the contract,

arrangement or understanding contains the migration

provision.

(5) If:

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BA

516 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) Telstra enters into a contract, arrangement or understanding

with an NBN corporation; and

(b) the contract, arrangement or understanding contains a

migration provision; and

to give effect to the migration provision; and

(d) when the conduct is engaged in, no undertaking is in force

under section 577A;

the conduct is authorised for the purposes of subsection 51(1) of

the Competition and Consumer Act 2010 unless, before the conduct

was engaged in:

(e) the ACCC refused to accept the most recent undertaking

given by Telstra under section 577A; or

(f) as a result of subsection 577AA(7) or (8), this Act (other than

subclause 76(4) of Schedule 1) had effect as if the most

recent undertaking given by Telstra under section 577A had

never been accepted by the ACCC; or

(g) a final functional separation undertaking came into force.

(6) If Telstra is required to engage in conduct in order to comply with

an undertaking in force under section 577A, the conduct is

authorised for the purposes of subsection 51(1) of the Competition

and Consumer Act 2010.

(7) If:

(a) a person directly or indirectly acquires an asset from Telstra;

and

(b) the disposal of the asset by Telstra is required for the

compliance by Telstra with an undertaking in force under

section 577A; and

whom the asset is to be directly or indirectly acquired;

the acquisition of the asset is authorised for the purposes of

subsection 51(1) of the Competition and Consumer Act 2010.

(8) If:

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BA

Telecommunications Act 1997 517

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) Telstra enters into a contract, arrangement or understanding

with an NBN corporation; and

(b) Telstra enters into the contract, arrangement or understanding

in order to comply with an undertaking in force under

section 577A;

then:

understanding by Telstra; and

(d) the entering into of the contract, arrangement or

understanding by the NBN corporation; and

(e) conduct engaged in by Telstra or the NBN corporation in

order to give effect to a provision of the contract,

arrangement or understanding; and

(f) conduct engaged in by another NBN corporation in order to

facilitate the first-mentioned NBN corporation giving effect

to a provision of the contract, arrangement or understanding;

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010.

(9) If:

(a) an undertaking given by Telstra is in force under

section 577A; and

(b) Telstra enters into a contract, arrangement or understanding

with an NBN corporation;

the Minister may, by legislative instrument, determine that

subsection (8) applies, and is taken to have always applied, as if

Telstra had entered into the contract, arrangement or understanding

in order to comply with the undertaking.

(10) If:

(a) a final migration plan is in force; and

(b) the final migration plan sets out a method for determining a

timetable for the taking of the action specified in the plan in

accordance with paragraph 577BC(2)(a); and

purposes of determining the timetable; and

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BA

518 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(d) the conduct is consistent with the method;

the conduct is authorised for the purposes of subsection 51(1) of

the Competition and Consumer Act 2010.

Migration provisions

(11) If:

(a) Telstra enters into a contract, arrangement or understanding

with an NBN corporation; and

(b) the contract, arrangement or understanding contains one or

more provisions for:

(i) Telstra to cease to supply fixed-line carriage services to

customers using a telecommunications network over

which Telstra is in a position to exercise control; or

(ii) Telstra to cease to supply one or more types of

fixed-line carriage services to customers using a

telecommunications network over which Telstra is in a

position to exercise control; or

(iii) Telstra to cease to supply, in particular circumstances,

one or more types of fixed-line carriage services to

customers using a telecommunications network over

which Telstra is in a position to exercise control; or

(iv) Telstra to commence to supply fixed-line carriage

services to customers using the national broadband

network;

then:

migration provision; and

(d) if the contract, arrangement or understanding contains one or

more provisions for Telstra to supply services to an NBN

corporation in connection with any or all of the matters

mentioned in paragraph (b)—each of those provisions is a

migration provision; and

(e) if the contract, arrangement or understanding contains one or

more provisions for an NBN corporation to supply services

to Telstra in connection with any or all of the matters

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BA

Telecommunications Act 1997 519

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

mentioned in paragraph (b)—each of those provisions is a

migration provision; and

(f) if the contract, arrangement or understanding contains one or

more provisions for Telstra to give information to an NBN

corporation in connection with any or all of the matters

mentioned in paragraph (b)—each of those provisions is a

migration provision; and

(g) if the contract, arrangement or understanding contains one or

more provisions for an NBN corporation to give information

to Telstra in connection with any or all of the matters

mentioned in paragraph (b)—each of those provisions is a

migration provision.

Definitions

(12) In this section:

asset means:

(a) any legal or equitable estate or interest in real or personal

property, including a contingent or prospective one; and

(b) any right, privilege or immunity, including a contingent or

prospective one.

enter into:

(a) when used in relation to an arrangement—includes make; or

(b) when used in relation to an understanding—includes arrive at

or reach.

fixed-line carriage service means:

(a) a carriage service that is supplied using a line to premises

occupied or used by an end-user; or

(b) a service that facilitates the supply of a carriage service

covered by paragraph (a).

give effect to, in relation to a provision of a contract, arrangement

or understanding, has the same meaning as in the Competition and

Consumer Act 2010.

migration provision has the meaning given by subsection (11).

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BB

520 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

national broadband network means a telecommunications network

for the high-speed carriage of communications, where an NBN

corporation has been, is, or is to be, involved in the creation or

development of the network. To avoid doubt, it is immaterial

whether the creation or development of the network is, to any

extent, attributable to:

(a) the acquisition of assets that were used, or for use, in

connection with another telecommunications network; or

(b) the obtaining of access to assets that are also used, or for use,

in connection with another telecommunications network.

NBN Co means NBN Co Limited (ACN 136 533 741), as the

company exists from time to time (even if its name is later

changed).

NBN corporation means:

(a) NBN Co; or

(b) NBN Tasmania; or

NBN Tasmania means NBN Tasmania Limited (ACN

138 338 271), as the company exists from time to time (even if its

name is later changed).

related body corporate has the same meaning as in the

Corporations Act 2001.

Subdivision B—Migration plan

577BB Migration plan principles

(1) The Minister may, by writing, determine that specified principles

are migration plan principles for the purposes of this Act.

Note: For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BC

Telecommunications Act 1997 521

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Consultation

(2) Before making or varying a determination under subsection (1), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft determination or variation; and

(ii) inviting persons to make submissions to the Minister

about the draft determination or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

Publication requirement

(3) The Minister must cause a copy of a determination under

subsection (1) to be published on the Department’s website.

Determination is not a legislative instrument

(4) A determination under subsection (1) is not a legislative

instrument.

577BC Migration plan

(1) The specified action first mentioned in paragraph 577A(1)(b) may

include giving the ACCC a draft migration plan after the relevant

undertaking has come into force.

(2) A draft or final migration plan must:

(a) specify the action to be taken by Telstra to:

(i) cease to supply fixed-line carriage services to customers

using a telecommunications network over which Telstra

is in a position to exercise control; and

(ii) commence to supply fixed-line carriage services to

customers using the national broadband network; and

(b) either:

(i) set out a timetable for the taking of that action; or

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BC

522 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) set out a method for determining a timetable for the

taking of that action.

(3) A draft or final migration plan may contain provisions dealing with

such other matters (if any) as are specified in a written instrument

made by the Minister.

(4) A draft or final migration plan must not contain provisions dealing

with such matters (if any) as are specified in a written instrument

made by the Minister.

Migration plan principles

(5) A draft migration plan must not be given to the ACCC unless a

determination is in force under subsection 577BB(1).

Publication requirement

(6) The Minister must cause a copy of an instrument under

subsection (3) or (4) to be published on the Department’s website.

Instrument is not a legislative instrument

(7) An instrument under subsection (3) or (4) is not a legislative

instrument.

Definitions

(8) In this section:

fixed-line carriage service means:

(a) a carriage service that is supplied using a line to premises

occupied or used by an end-user; or

(b) a service that facilitates the supply of a carriage service

covered by paragraph (a).

national broadband network means a telecommunications network

for the high-speed carriage of communications, where an NBN

corporation has been, is, or is to be, involved in the creation or

development of the network. To avoid doubt, it is immaterial

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BD

Telecommunications Act 1997 523

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

whether the creation or development of the network is, to any

extent, attributable to:

(a) the acquisition of assets that were used, or for use, in

connection with another telecommunications network; or

(b) the obtaining of access to assets that are also used, or for use,

in connection with another telecommunications network.

NBN Co means NBN Co Limited (ACN 136 533 741), as the

company exists from time to time (even if its name is later

changed).

NBN corporation means:

(a) NBN Co; or

(b) NBN Tasmania; or

NBN Tasmania means NBN Tasmania Limited (ACN

138 338 271), as the company exists from time to time (even if its

name is later changed).

related body corporate has the same meaning as in the

Corporations Act 2001.

577BD Approval of draft migration plan by the ACCC—plan given

after undertaking about structural separation comes into

force

Scope

(1) This section applies if Telstra gives the ACCC a draft migration

plan (the original plan) in accordance with an undertaking in force

under section 577A.

Decision

(2) The ACCC must:

(a) if the ACCC is satisfied that the original plan complies with

the migration plan principles—approve the original plan; or

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BD

524 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) otherwise:

(i) refuse to approve the original plan; and

(ii) by written notice given to Telstra, direct Telstra to give

the ACCC, within 30 days after the notice is given, a

replacement draft migration plan that complies with the

migration plan principles.

Note: For migration plan principles, see section 577BB.

Consultation

(3) Before making a decision under subsection (2), the ACCC must:

(a) cause to be published on the ACCC’s website a notice:

(i) setting out the original plan; and

(ii) inviting persons to make submissions to the ACCC

about the original plan within 28 days after the notice is

published; and

(b) cause to be published on the ACCC’s website a copy of each

submission received within the 28-day period mentioned in

paragraph (a); and

mentioned in paragraph (a).

Compliance with direction

(4) Telstra must comply with a direction under subparagraph (2)(b)(ii).

Note: The ACCC will make a decision about the plan under

section 577BDB.

Replacement plan to be treated as if it had been given in

accordance with the undertaking

(5) A draft migration plan given by Telstra in compliance with a

direction under subparagraph (2)(b)(ii) is taken, for the purposes of

this Act (other than this section and section 577BDB), to be given

in accordance with the undertaking.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BDA

Telecommunications Act 1997 525

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Notification of decision

(6) As soon as practicable after making a decision under

subsection (2), the ACCC must notify Telstra in writing of the

decision.

577BDA Approval of draft migration plan by the ACCC—plan

given before undertaking about structural separation

comes into force

(1) If:

(a) Telstra gives the ACCC an undertaking under section 577A;

and

(b) the specified action first mentioned in paragraph 577A(1)(b)

consists of, or includes, giving the ACCC a draft migration

plan after the undertaking has come into force; and

(i) Telstra has, in a document accompanying the

undertaking, nominated the event mentioned in

subparagraph 577AA(1)(c)(vi);

(ii) the nomination meets the requirements of

paragraph 577AA(1)(b) and subsection 577AA(2);

Telstra may give the ACCC a draft migration plan (the original

plan) during the period:

(d) beginning when Telstra gives the ACCC the undertaking; and

(e) ending when the undertaking comes into force;

as if the undertaking had come into force.

Decision

(2) The ACCC must:

(a) if the ACCC is satisfied that the original plan complies with

the migration plan principles—approve the original plan; or

(b) otherwise:

(i) refuse to approve the original plan; and

(ii) by written notice given to Telstra, request Telstra to

give the ACCC, within 30 days after the notice is given,

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BDA

526 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

a replacement draft migration plan that complies with

the migration plan principles.

Note 1: For migration plan principles, see section 577BB.

Note 2: If Telstra gives the ACCC a replacement draft migration plan in

response to the request, the ACCC will make a decision about the plan

under section 577BDC.

(3) The ACCC must not make a decision under subsection (2) before it

accepts the undertaking.

(4) After the undertaking comes into force, this Act (other than

section 577BD and this section) has effect as if the original plan

had been given to the ACCC in accordance with the undertaking.

Consultation

(5) Before making a decision under subsection (2), the ACCC must:

(a) cause to be published on the ACCC’s website a notice:

(i) setting out the original plan; and

(ii) inviting persons to make submissions to the ACCC

about the original plan within 28 days after the notice is

published; and

(b) cause to be published on the ACCC’s website a copy of each

submission received within the 28-day period mentioned in

paragraph (a); and

mentioned in paragraph (a).

Replacement plan to be treated as if it had been given in

accordance with the undertaking

(6) A draft migration plan given by Telstra in response to a request

under subparagraph (2)(b)(ii) is taken, for the purposes of this Act

(other than sections 577BD, 577BDB and 577BDC and this

section), to be given in accordance with the undertaking.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BDB

Telecommunications Act 1997 527

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Notification of decision

(7) As soon as practicable after making a decision under

subsection (2), the ACCC must notify Telstra in writing of the

decision.

577BDB Approval of draft migration plan by the ACCC—plan

given in compliance with a direction

Scope

(1) This section applies if:

(a) Telstra has given the ACCC an undertaking under

section 577A; and

(b) Telstra gives the ACCC a draft migration plan (the original

plan) in compliance with a direction under:

(i) subparagraph 577BD(2)(b)(ii); or

(ii) subparagraph (2)(b)(ii) of this section.

Decision

(2) The ACCC must:

(a) if the ACCC is satisfied that the original plan complies with

the migration plan principles—approve the original plan; or

(b) otherwise:

(i) refuse to approve the original plan; and

(ii) by written notice given to Telstra, direct Telstra to give

the ACCC, within 30 days after the notice is given, a

replacement draft migration plan that complies with the

migration plan principles.

Note: For migration plan principles, see section 577BB.

Consultation

(3) Before making a decision under subsection (2), the ACCC must:

(a) cause to be published on the ACCC’s website a notice:

(i) setting out the original plan; and

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BDC

528 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) inviting persons to make submissions to the ACCC

about the original plan within 28 days after the notice is

published; and

(b) cause to be published on the ACCC’s website a copy of each

submission received within the 28-day period mentioned in

paragraph (a); and

mentioned in paragraph (a).

Compliance with direction

(4) Telstra must comply with a direction under subparagraph (2)(b)(ii).

Note: The ACCC will make a decision about the plan under subsection (2).

Replacement plan to be treated as if it had been given in

accordance with the undertaking

(5) A draft migration plan given by Telstra in compliance with a

direction under subparagraph (2)(b)(ii) is taken, for the purposes of

this Act (other than sections 577BD, 577BDA and 577BDC and

this section), to be given in accordance with the undertaking.

Notification of decision

(6) As soon as practicable after making a decision under

subsection (2), the ACCC must notify Telstra in writing of the

decision.

577BDC Approval of draft migration plan by the ACCC—plan

given in response to a request

Scope

(1) This section applies if:

(a) Telstra gives the ACCC an undertaking under section 577A;

and

(b) Telstra gives the ACCC a draft migration plan (the original

plan) in response to a request under:

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BDC

Telecommunications Act 1997 529

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) subparagraph 577BDA(2)(b)(ii); or

(ii) subparagraph (2)(b)(ii) of this section.

Decision

(2) The ACCC must:

(a) if the ACCC is satisfied that the original plan complies with

the migration plan principles—approve the original plan; or

(b) otherwise:

(i) refuse to approve the original plan; and

(ii) by written notice given to Telstra, request Telstra to

give the ACCC, within 30 days after the notice is given,

a replacement draft migration plan that complies with

the migration plan principles.

Note 1: For migration plan principles, see section 577BB.

Note 2: If Telstra gives the ACCC a replacement draft migration plan in

response to the request, the ACCC will make a decision about the plan

under this section.

Consultation

(3) Before making a decision under subsection (2), the ACCC must:

(a) cause to be published on the ACCC’s website a notice:

(i) setting out the original plan; and

(ii) inviting persons to make submissions to the ACCC

about the original plan within 28 days after the notice is

published; and

(b) cause to be published on the ACCC’s website a copy of each

submission received within the 28-day period mentioned in

paragraph (a); and

mentioned in paragraph (a).

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BE

530 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Plan to be treated as if it had been given in accordance with the

undertaking

(4) A draft migration plan given by Telstra in response to a request

under subparagraph (2)(b)(ii) is taken, for the purposes of this Act

(other than sections 577BD, 577BDA and 577BDB and this

section), to be given in accordance with the undertaking.

Notification of decision

(5) As soon as practicable after making a decision under

subsection (2), the ACCC must notify Telstra in writing of the

decision.

577BE Effect of approval of draft migration plan

(1) If the ACCC approves a draft migration plan, the plan becomes a

final migration plan.

(2) If the ACCC approves a draft migration plan under

subsection 577BD(2), the plan comes into force at the start of the

day after notice of the decision to approve the plan is given to

Telstra in accordance with subsection 577BD(6).

(3) If the ACCC approves a draft migration plan under

subsection 577BDA(2), 577BDB(2) or 577BDC(2), the plan comes

into force at the later of:

(a) the start of the day after notice of the decision to approve the

plan is given to Telstra in accordance with

subsection 577BDA(7), 577BDB(6) or 577BDC(5), as the

case requires; or

(b) when the relevant undertaking under section 577A comes

into force.

(4) A final migration plan may not be withdrawn.

(5) When a final migration plan comes into force, the relevant

undertaking under section 577A has effect as if the provisions of

the plan were provisions of the undertaking.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Structural separation Division 2

Section 577BF

Telecommunications Act 1997 531

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Publication requirement

(6) As soon as practicable after a final migration plan comes into

force, the ACCC must publish a copy of the plan on the ACCC’s

website.

ACCC’s functions and powers

(7) If a final migration plan provides for the ACCC to perform

functions or exercise powers in relation to the plan, the ACCC may

perform those functions, and exercise those powers, in accordance

with the plan.

Plan is not a legislative instrument

(8) A final migration plan is not a legislative instrument.

577BF Variation of final migration plan

(1) This section applies if a final migration plan is in force.

(2) Telstra may give the ACCC a variation of the final migration plan.

(3) The ACCC must:

(a) if the ACCC is satisfied that the final migration plan as

varied complies with the migration plan principles—approve

the variation; or

(b) otherwise—refuse to approve the variation.

Consultation

(4) Before making a decision under subsection (3), the ACCC must:

(a) cause to be published on the ACCC’s website a notice:

(i) setting out the variation; and

(ii) inviting persons to make submissions to the ACCC

about the variation within 28 days after the notice is

published; and

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 2 Structural separation

Section 577BF

532 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) cause to be published on the ACCC’s website a copy of each

submission received within the 28-day period mentioned in

paragraph (a); and

mentioned in paragraph (a).

(5) Subsection (4) does not apply to a variation if the variation is of a

minor nature.

When variation takes effect

(6) The variation takes effect when it is approved by the ACCC.

(7) When the variation takes effect, the relevant undertaking under

section 577A has effect as if the provisions of the final migration

plan as varied were provisions of the undertaking.

(8) As soon as practicable after the variation takes effect, the ACCC

must publish a copy of the variation on the ACCC’s website.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Hybrid fibre-coaxial networks Division 3

Section 577C

Telecommunications Act 1997 533

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 3—Hybrid fibre-coaxial networks

577C Acceptance of undertaking about hybrid fibre-coaxial

networks

(1) The ACCC may accept a written undertaking given by Telstra that:

(a) at all times after the end of the period specified in the

undertaking, Telstra will not be in a position to exercise

control of a hybrid fibre-coaxial network in Australia; and

(b) Telstra will, in connection with paragraph (a), take specified

action and/or refrain from taking specified action.

Note: For when Telstra is in a position to exercise control of a network, see

section 577Q.

(1A) In deciding whether to accept an undertaking under subsection (1),

the ACCC must have regard to:

(a) the matters (if any) set out in an instrument in force under

subsection (1B); and

(b) such other matters (if any) as the ACCC considers relevant.

(1B) The Minister may, by writing, set out matters for the purposes of

paragraph (1A)(a).

(1C) Before making or varying an instrument under subsection (1B), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft instrument or variation; and

(ii) inviting persons to make submissions to the Minister

about the draft instrument or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

(2) The period specified in the undertaking as mentioned in

paragraph (1)(a) must not be longer than 12 months.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 3 Hybrid fibre-coaxial networks

Section 577CA

534 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) The undertaking must be expressed to be an undertaking under this

section.

(4) The undertaking may not be withdrawn after it has been accepted

by the ACCC.

(5) If the 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.

(6) The Minister must cause a copy of an instrument under

subsection (1B) to be published on the Department’s website.

(7) An instrument under subsection (1B) is not a legislative

instrument.

577CA Acceptance of undertaking about hybrid fibre-coaxial

networks may be subject to the occurrence of events

(1) If:

(a) Telstra has, in a document accompanying an undertaking

under section 577C, nominated one or more events; and

(b) the nomination is expressed to be a nomination under this

subsection; and

(i) the passage of a resolution covered by

subparagraph 411(4)(a)(ii) of the Corporations Act

2001; or

(ii) an approval covered by paragraph 411(4)(b) of that Act;

(iii) the passage of a resolution, where Telstra’s members

(within the meaning of that Act) were entitled to vote on

the resolution; or

(iv) an approval covered by Chapter 11 of the ASX Listing

Rules; or

(v) the granting of a waiver under rule 18.1 of the ASX

Listing Rules; or

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Hybrid fibre-coaxial networks Division 3

Section 577CA

Telecommunications Act 1997 535

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(vi) the making of a declaration under subsection 577J(5); or

(vii) an event specified in an instrument in force under

subsection (3); and

(d) the ACCC decides to accept the undertaking;

the decision to accept the undertaking must be expressed to be

subject to the occurrence of those events within a specified period

after the undertaking is accepted.

(2) A nomination under subsection (1) must not specify an event by

reference to the timing of the event.

(3) The Minister may, by writing, specify events for the purposes of

subparagraph (1)(c)(vii).

(4) A period specified by the ACCC under subsection (1) must be:

(a) 6 months; or

(b) if another period is specified in an instrument under

subsection (5)—that period.

(5) The Minister may, by writing, specify a period for the purposes of

paragraph (4)(b).

Notification requirement

(6) If:

(a) a decision to accept an undertaking under section 577C is

expressed to be subject to the occurrence of one or more

specified events within a specified period; and

(b) such an event occurs within that period;

Telstra must notify the ACCC in writing of the occurrence of the

event as soon as practicable after the occurrence.

If event does not occur

(7) If:

(a) a decision to accept an undertaking under section 577C is

expressed to be subject to the occurrence of a single specified

event within a specified period; and

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 3 Hybrid fibre-coaxial networks

Section 577CB

536 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) the event does not occur within that period;

this Act has effect as if the undertaking had never been accepted by

the ACCC.

(8) If:

(a) a decision to accept an undertaking under section 577C is

expressed to be subject to the occurrence of 2 or more

specified events within a specified period; and

(b) one or more of those events do not occur within that period;

this Act has effect as if the undertaking had never been accepted by

the ACCC.

Publication requirement

(9) The Minister must cause a copy of an instrument under

subsection (3) or (5) to be published on the Department’s website.

Instruments are not legislative instruments

(10) An instrument under subsection (3) or (5) is not a legislative

instrument.

577CB When undertaking about hybrid fibre-coaxial networks

comes into force

An undertaking under section 577C comes into force:

(a) if:

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of a single specified event

within a specified period; and

(ii) the event occurs within that period;

when the event occurs; or

(b) if:

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of 2 or more specified events

within a specified period; and

(ii) each of those events occur at the same time; and

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Hybrid fibre-coaxial networks Division 3

Section 577CC

Telecommunications Act 1997 537

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iii) that time occurs within that period;

at that time; or

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of 2 or more specified events

within a specified period; and

(ii) each of those events occur at different times; and

(iii) each of those times occur within that period;

at the last of those times; or

(d) if the decision to accept the undertaking is not expressed to

be subject to the occurrence of one or more specified events

within a specified period—when the undertaking is accepted

by the ACCC.

577CC Publication requirements for undertaking about hybrid

fibre-coaxial networks

(1) If a decision to accept an undertaking under section 577C is

expressed to be subject to the occurrence of one or more specified

events within a specified period, the ACCC must:

(a) as soon as practicable after making the decision, publish on

its website:

(i) the undertaking; and

(ii) the terms of the decision; and

(b) as soon as practicable after the ACCC becomes aware that

the undertaking has come into force, publish on its website a

notice announcing that the undertaking has come into force.

(2) If a decision to accept an undertaking under section 577C is not

expressed to be subject to the occurrence of one or more specified

events within a specified period, the ACCC must, as soon as

practicable after accepting the undertaking, publish the undertaking

on its website.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 3 Hybrid fibre-coaxial networks

Section 577CD

538 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

577CD Compliance with undertaking about hybrid fibre-coaxial

networks

If an undertaking given by Telstra is in force under section 577C,

Telstra must comply with the undertaking.

577D Variation of undertaking about hybrid fibre-coaxial networks

(1) This section applies if an undertaking given by Telstra is in force

under section 577C.

(2) Telstra may give the ACCC a variation of the undertaking in so far

as the undertaking is covered by paragraph 577C(1)(b).

(3) After considering the variation, the ACCC must decide to:

(a) accept the variation; or

(b) reject the variation.

(3A) In deciding whether to accept the variation, the ACCC must have

regard to:

(a) the matters (if any) set out in an instrument in force under

subsection (3B); and

(b) such other matters (if any) as the ACCC considers relevant.

(3B) The Minister may, by writing, set out matters for the purposes of

paragraph (3A)(a).

(3C) Before making or varying an instrument under subsection (3B), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft instrument or variation; and

(ii) inviting persons to make submissions to the Minister

about the draft instrument or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

(4) The variation takes effect when it is accepted by the ACCC.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Hybrid fibre-coaxial networks Division 3

Section 577D

Telecommunications Act 1997 539

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(5) As soon as practicable after the variation takes effect, the ACCC

must publish the variation on its website.

(6) The Minister must cause a copy of an instrument under

subsection (3B) to be published on the Department’s website.

(7) An instrument under subsection (3B) is not a legislative

instrument.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 4 Subscription television broadcasting licences

Section 577E

540 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 4—Subscription television broadcasting licences

577E Acceptance of undertaking about subscription television

broadcasting licences

(1) The ACCC may accept a written undertaking given by Telstra that:

(a) at all times after the end of the period specified in the

undertaking, Telstra will not be in a position to exercise

control of a subscription television broadcasting licence; and

(b) Telstra will, in connection with paragraph (a), take specified

action and/or refrain from taking specified action.

Note: For when Telstra is in a position to exercise control of a subscription

television broadcasting licence, see subsection (7).

(1A) In deciding whether to accept an undertaking under subsection (1),

the ACCC must have regard to:

(a) the matters (if any) set out in an instrument in force under

subsection (1B); and

(b) such other matters (if any) as the ACCC considers relevant.

(1B) The Minister may, by writing, set out matters for the purposes of

paragraph (1A)(a).

(1C) Before making or varying an instrument under subsection (1B), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft instrument or variation; and

(ii) inviting persons to make submissions to the Minister

about the draft instrument or variation within 14 days

after the notice is published; and

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

(2) The period specified in the undertaking as mentioned in

paragraph (1)(a) must not be longer than 12 months.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Subscription television broadcasting licences Division 4

Section 577EA

Telecommunications Act 1997 541

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(3) The undertaking must be expressed to be an undertaking under this

section.

(4) The undertaking may not be withdrawn after it has been accepted

by the ACCC.

(5) If the 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.

(6) For the purposes of this section, the question of whether Telstra is

in a position to exercise control of a subscription television

broadcasting licence is to be determined under Schedule 1 to the

Broadcasting Services Act 1992.

(7) The Minister must cause a copy of an instrument under

subsection (1B) to be published on the Department’s website.

(8) An instrument under subsection (1B) is not a legislative

instrument.

577EA Acceptance of undertaking about subscription television

broadcasting licences may be subject to the occurrence of

events

(1) If:

(a) Telstra has, in a document accompanying an undertaking

under section 577E, nominated one or more events; and

(b) the nomination is expressed to be a nomination under this

subsection; and

(i) the passage of a resolution covered by

subparagraph 411(4)(a)(ii) of the Corporations Act

2001; or

(ii) an approval covered by paragraph 411(4)(b) of that Act;

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 4 Subscription television broadcasting licences

Section 577EA

542 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(iii) the passage of a resolution, where Telstra’s members

(within the meaning of that Act) were entitled to vote on

the resolution; or

(iv) an approval covered by Chapter 11 of the ASX Listing

Rules; or

(v) the granting of a waiver under rule 18.1 of the ASX

Listing Rules; or

(vi) the making of a declaration under subsection 577J(3); or

(vii) an event specified in an instrument in force under

subsection (3); and

(d) the ACCC decides to accept the undertaking;

the decision to accept the undertaking must be expressed to be

subject to the occurrence of those events within a specified period

after the undertaking is accepted.

(2) A nomination under subsection (1) must not specify an event by

reference to the timing of the event.

(3) The Minister may, by writing, specify events for the purposes of

subparagraph (1)(c)(vii).

(4) A period specified by the ACCC under subsection (1) must be:

(a) 6 months; or

(b) if another period is specified in an instrument under

subsection (5)—that period.

(5) The Minister may, by writing, specify a period for the purposes of

paragraph (4)(b).

Notification requirement

(6) If:

(a) a decision to accept an undertaking under section 577E is

expressed to be subject to the occurrence of one or more

specified events within a specified period; and

(b) such an event occurs within that period;

Telstra must notify the ACCC in writing of the occurrence of the

event as soon as practicable after the occurrence.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Subscription television broadcasting licences Division 4

Section 577EB

Telecommunications Act 1997 543

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

If event does not occur

(7) If:

(a) a decision to accept an undertaking under section 577E is

expressed to be subject to the occurrence of a single specified

event within a specified period; and

(b) the event does not occur within that period;

this Act has effect as if the undertaking had never been accepted by

the ACCC.

(8) If:

(a) a decision to accept an undertaking under section 577E is

expressed to be subject to the occurrence of 2 or more

specified events within a specified period; and

(b) one or more of those events do not occur within that period;

this Act has effect as if the undertaking had never been accepted by

the ACCC.

Publication requirement

(9) The Minister must cause a copy of an instrument under

subsection (3) or (5) to be published on the Department’s website.

Instruments are not legislative instruments

(10) An instrument under subsection (3) or (5) is not a legislative

instrument.

577EB When undertaking about subscription television

broadcasting licences comes into force

An undertaking under section 577E comes into force:

(a) if:

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of a single specified event

within a specified period; and

(ii) the event occurs within that period;

when the event occurs; or

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 4 Subscription television broadcasting licences

Section 577EC

544 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) if:

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of 2 or more specified events

within a specified period; and

(ii) each of those events occur at the same time; and

(iii) that time occurs within that period;

at that time; or

(i) the decision to accept the undertaking is expressed to be

subject to the occurrence of 2 or more specified events

within a specified period; and

(ii) each of those events occur at different times; and

(iii) each of those times occur within that period;

at the last of those times; or

(d) if the decision to accept the undertaking is not expressed to

be subject to the occurrence of one or more specified events

within a specified period—when the undertaking is accepted

by the ACCC.

577EC Publication requirements for undertaking about

subscription television broadcasting licences

(1) If a decision to accept an undertaking under section 577E is

expressed to be subject to the occurrence of one or more specified

events within a specified period, the ACCC must:

(a) as soon as practicable after making the decision, publish on

its website:

(i) the undertaking; and

(ii) the terms of the decision; and

(b) as soon as practicable after the ACCC becomes aware that

the undertaking has come into force, publish on its website a

notice announcing that the undertaking has come into force.

(2) If a decision to accept an undertaking under section 577E is not

expressed to be subject to the occurrence of one or more specified

events within a specified period, the ACCC must, as soon as

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Subscription television broadcasting licences Division 4

Section 577ED

Telecommunications Act 1997 545

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

practicable after accepting the undertaking, publish the undertaking

on its website.

577ED Compliance with undertaking about subscription television

broadcasting licences

If an undertaking given by Telstra is in force under section 577E,

Telstra must comply with the undertaking.

577F Variation of undertaking about subscription television

broadcasting licences

(1) This section applies if an undertaking given by Telstra is in force

under section 577E.

(2) Telstra may give the ACCC a variation of the undertaking in so far

as the undertaking is covered by paragraph 577E(1)(b).

(3) After considering the variation, the ACCC must decide to:

(a) accept the variation; or

(b) reject the variation.

(3A) In deciding whether to accept the variation, the ACCC must have

regard to:

(a) the matters (if any) set out in an instrument in force under

subsection (3B); and

(b) such other matters (if any) as the ACCC considers relevant.

(3B) The Minister may, by writing, set out matters for the purposes of

paragraph (3A)(a).

(3C) Before making or varying an instrument under subsection (3B), the

Minister must:

(a) cause to be published on the Department’s website a notice:

(i) setting out the draft instrument or variation; and

(ii) inviting persons to make submissions to the Minister

about the draft instrument or variation within 14 days

after the notice is published; and

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 4 Subscription television broadcasting licences

Section 577F

546 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) consider any submissions received within the 14-day period

mentioned in paragraph (a).

(4) The variation takes effect when it is accepted by the ACCC.

(5) As soon as practicable after the variation takes effect, the ACCC

must publish the variation on its website.

(6) The Minister must cause a copy of an instrument under

subsection (3B) to be published on the Department’s website.

(7) An instrument under subsection (3B) is not a legislative

instrument.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Enforcement of undertakings Division 5

Section 577G

Telecommunications Act 1997 547

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 5—Enforcement of undertakings

577G Enforcement of undertakings

(1) If:

(a) an undertaking given by Telstra is in force under

section 577A, 577C or 577E; and

(b) the ACCC considers that Telstra has breached the

undertaking;

the ACCC may apply to the Federal Court for an order under

subsection (2).

(2) If the Federal Court is satisfied that Telstra has breached the

undertaking, the Court may make any or all of the following

orders:

(a) an order directing Telstra to comply with the undertaking;

(b) an order directing the disposal of network units, shares or

other assets;

shares;

(d) an order prohibiting or deferring the payment of any sums

due to a person in respect of shares held by Telstra;

(e) an order that any exercise of rights attached to shares be

disregarded;

(f) an order directing Telstra to pay to the Commonwealth an

amount up to the amount of any financial benefit that Telstra

has obtained directly or indirectly and that is reasonably

attributable to the breach;

(g) any order that the Court considers appropriate directing

Telstra to compensate any other person who has suffered loss

or damage as a result of the breach;

(h) any other order that the Court considers appropriate.

(3) In addition to the Federal Court’s powers under subsection (2), the

court:

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 5 Enforcement of undertakings

Section 577G

548 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) has power, for the purpose of securing compliance with any

other order made under this section, to make an order

directing any person to do or refrain from doing a specified

act; and

(b) has power to make an order containing such ancillary or

consequential provisions as the court thinks just.

(4) The Federal Court may, before making an order under this section,

direct that notice of the application be given to such persons as it

thinks fit or be published in such manner as it thinks fit, or both.

(5) The Federal Court may, by order, rescind, vary or discharge an

order made by it under this section or suspend the operation of

such an order.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Limits on allocation of spectrum licences etc. Division 6

Section 577GA

Telecommunications Act 1997 549

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 6—Limits on allocation of spectrum licences etc.

577GA Excluded spectrum regime

(1) The Minister may, by legislative instrument, determine that the

excluded spectrum regime applies to Telstra.

(2) A determination under subsection (1) has effect for the purposes

of:

(a) this Division; and

(b) Part 10 of Schedule 1.

577H Designated part of the spectrum

(1) For the purposes of this Act, each of the following parts of the

spectrum is a designated part of the spectrum:

(a) frequencies higher than 520 MHz, up to and including 820

MHz;

(b) frequencies higher than 2.5 GHz, up to and including 2.69

GHz.

(2) Subsection (1) has effect subject to subsection (3).

(3) The Minister may, by legislative instrument, determine that a

specified part of the spectrum is not a designated part of the

spectrum for the purposes of this Act.

(4) The Minister may, by legislative instrument, determine that a

specified part of the spectrum is a designated part of the spectrum

for the purposes of this Act.

577J Limits on allocation of certain spectrum licences to Telstra

(1) If the excluded spectrum regime applies to Telstra, the ACMA

must not allocate a spectrum licence to Telstra if the licence relates

to a designated part of the spectrum.

Note: For excluded spectrum regime, see section 577GA.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 6 Limits on allocation of spectrum licences etc.

Section 577J

550 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) However, the rule in subsection (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 subsection (2A); and

(b) either:

(i) an undertaking given by Telstra is in force under

section 577C; or

(ii) a declaration is in force under subsection (3); and

(i) an undertaking given by Telstra is in force under

section 577E; or

(ii) a declaration is in force under subsection (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.

(2A) This subsection 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.

(3) The Minister may declare, in writing, that Telstra is exempt from

the requirement to have an undertaking under section 577C.

(4) The Minister must not make a declaration under subsection (3)

unless the ACCC has made a decision to accept an undertaking

given by Telstra under section 577A, and:

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Limits on allocation of spectrum licences etc. Division 6

Section 577J

Telecommunications Act 1997 551

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) if the undertaking is in force—the Minister is satisfied that

the undertaking is sufficient to address concerns about the

degree of Telstra’s power in telecommunications markets; or

(b) if the undertaking is not in force—the Minister is satisfied

that, subject to the undertaking coming into force, the

undertaking is sufficient to address concerns about the degree

of Telstra’s power in telecommunications markets.

(4A) A declaration under subsection (3) comes into force:

(a) if paragraph (4)(a) applies—when the declaration is made; or

(b) if paragraph (4)(b) applies—when the undertaking comes

into force.

(4B) If:

(a) paragraph (4)(b) applies to a declaration; and

(b) as a result of subsection 577AA(7) or (8), this Act (other than

subclause 76(4) of Schedule 1) has effect as if the

undertaking had never been accepted by the ACCC;

this Act has effect as if the declaration had never been made by the

Minister.

(5) The Minister may declare, in writing, that Telstra is exempt from

the requirement to have an undertaking under section 577E.

(6) The Minister must not make a declaration under subsection (5)

unless the ACCC has made a decision to accept an undertaking

given by Telstra under section 577A, and:

(a) if the undertaking is in force—the Minister is satisfied that

the undertaking is sufficient to address concerns about the

degree of Telstra’s power in telecommunications markets; or

(b) if the undertaking is not in force—the Minister is satisfied

that, subject to the undertaking coming into force, the

undertaking is sufficient to address concerns about the degree

of Telstra’s power in telecommunications markets.

(6A) A declaration under subsection (5) comes into force:

(a) if paragraph (6)(a) applies—when the declaration is made; or

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 6 Limits on allocation of spectrum licences etc.

Section 577K

552 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) if paragraph (6)(b) applies—when the undertaking comes

into force.

(6B) If:

(a) paragraph (6)(b) applies to a declaration; and

(b) as a result of subsection 577AA(7) or (8), this Act (other than

subclause 76(4) of Schedule 1) has effect as if the

undertaking had never been accepted by the ACCC;

this Act has effect as if the declaration had never been made by the

Minister.

(6C) A declaration made under subsection (3) or (5) cannot be revoked.

(7) A declaration made under subsection (3) or (5) is not a legislative

instrument.

(8) In this section:

telecommunications market has the same meaning as in Part XIB

of the Competition and Consumer Act 2010.

577K Limits on use of certain spectrum licences by Telstra

(1) If:

(a) the excluded spectrum regime applies to Telstra; and

(b) a spectrum licence relates to a designated part of the

spectrum;

the licensee of the spectrum licence must not authorise Telstra to

operate radiocommunications devices under the licence.

Note: For excluded spectrum regime, see section 577GA.

(2) However, the rule in subsection (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 subsection (2A); and

(b) either:

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Limits on allocation of spectrum licences etc. Division 6

Section 577K

Telecommunications Act 1997 553

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(i) an undertaking given by Telstra is in force under

section 577C; or

(ii) a declaration is in force under subsection 577J(3); and

(i) an undertaking given by Telstra is in force under

section 577E; or

(ii) a declaration is in force under subsection 577J(5).

Note 1: Section 577A deals with undertakings about structural separation.

Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial

networks.

Note 3: Section 577E deals with undertakings about subscription television

broadcasting licences.

(2A) This subsection 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.

(3) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

(4) Subsections (1) and (3) are civil penalty provisions.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 6 Limits on allocation of spectrum licences etc.

Section 577L

554 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

577L Limits on assignment of certain spectrum licences to Telstra

etc.

(1) If:

(a) the excluded spectrum regime applies to Telstra; and

(b) a spectrum licence relates to a designated part of the

spectrum;

the licensee of the spectrum licence must not:

(d) otherwise deal with Telstra in relation to the whole or a part

of the licence.

Note: For excluded spectrum regime, see section 577GA.

(2) However, the rule in subsection (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 subsection (2A); and

(b) either:

(i) an undertaking given by Telstra is in force under

section 577C; or

(ii) a declaration is in force under subsection 577J(3); and

(i) an undertaking given by Telstra is in force under

section 577E; or

(ii) a declaration is in force under subsection 577J(5).

Note 1: Section 577A deals with undertakings about structural separation.

Note 2: Section 577C deals with undertakings about hybrid fibre-coaxial

networks.

Note 3: Section 577E deals with undertakings about subscription television

broadcasting licences.

(2A) This subsection covers a section 577A undertaking if:

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Limits on allocation of spectrum licences etc. Division 6

Section 577L

Telecommunications Act 1997 555

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) the following conditions are satisfied:

(i) the undertaking requires Telstra to give the ACCC a

draft migration plan;

(ii) in accordance with the undertaking, Telstra has given

the ACCC a draft migration plan;

(iii) the ACCC has approved the draft migration plan under

section 577BD, 577BDA, 577BDB or 577BDC; or

(b) the undertaking does not require Telstra to give the ACCC a

draft migration plan.

(3) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

(4) Subsections (1) and (3) are civil penalty provisions.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 7 Other provisions

Section 577M

556 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Division 7—Other provisions

577M Associate

(1) For the purposes of this Part, an associate of Telstra in relation to

control of:

(a) a hybrid fibre-coaxial network; or

(b) another telecommunications network; or

is:

(d) a partner of Telstra; or

(e) 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

(f) 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

(g) 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 network or company; and

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Other provisions Division 7

Section 577N

Telecommunications Act 1997 557

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(b) neither of them is in a position to exert influence over the

business dealings of the other in relation to the network or

company.

577N 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.

577P Control of a company

(1) For the purposes of this Part, the question of whether a person is in

a position to exercise control of a company is to be determined

under Schedule 1 to the Broadcasting Services Act 1992.

(2) However, in determining that question:

(a) the definition of associate in subsection 6(1) of the

Broadcasting Services Act 1992 does not apply; and

(b) the definition of associate in section 577M of this Act applies

instead.

577Q When Telstra is in a position to exercise control of a network

(1) For the purposes of this Part, Telstra is in a position to exercise

control of:

(a) a hybrid fibre-coaxial network; or

(b) another telecommunications network;

if:

alone or together with one or more other persons); or

(d) Telstra is in a position, either alone or together with an

associate of Telstra and whether directly or indirectly:

(i) to exercise control of the operation of all or part of the

network; or

Authorised Version C2017C00179 registered 30/06/2017

Part 33 Voluntary undertakings given by Telstra

Division 7 Other provisions

Section 577Q

558 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) to exercise control of the selection of the kinds of

services that are supplied using the network; or

(iii) to exercise control of the supply of services using the

network; or

(e) a company other than Telstra legally or beneficially owns the

network (whether alone or together with one or more other

persons), and:

(i) Telstra is in a position, either alone or together with an

associate of Telstra, to exercise control of the company;

(ii) Telstra, either alone or together with an associate of

Telstra, is in a position to veto any action taken by the

board of directors of the company; or

(iii) Telstra, either alone or together with an associate of

Telstra, is in a position to appoint or secure the

appointment of, or veto the appointment of, at least half

of the board of directors of the company; or

(iv) Telstra, either alone or together with an associate of

Telstra, is in a position to exercise, in any other manner,

whether directly or indirectly, direction or restraint over

any substantial issue affecting the management or

affairs of the company; or

(v) the company or more than 50% of its directors act, or

are accustomed 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; or

(vi) the company or more than 50% of its directors, 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.

Authorised Version C2017C00179 registered 30/06/2017

Voluntary undertakings given by Telstra Part 33

Other provisions Division 7

Section 577Q

Telecommunications Act 1997 559

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) An employee is not, except through an association with another

person, to be regarded as being in a position to exercise control of a

network under subsection (1) purely because of being an employee.

(3) More than one person may be in a position to exercise control of a

network.

Authorised Version C2017C00179 registered 30/06/2017

Part 34 Special provisions relating to conventions and directions

Section 579

560 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 34—Special provisions relating to conventions

and directions

579 Simplified outline

The following is a simplified outline of this Part:

• The ACMA is to have regard to certain international

obligations when performing its telecommunications functions

and exercising its telecommunications powers.

• The ACMA may give directions to a carrier or a service

provider in connection with the ACMA’s performance of its

telecommunications functions or the exercise of its

telecommunications powers.

• The eSafety Commissioner may give directions to a carrier or

a service provider in connection with the Commissioner’s

performance of his or her functions or the exercise of his or

her powers.

580 ACMA must have regard to conventions

(1) In performing its telecommunications functions and exercising its

telecommunications powers, the ACMA must have regard to

Australia’s obligations under any convention of which the Minister

has notified the ACMA in writing.

(2) In this section:

convention means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign

country;

Authorised Version C2017C00179 registered 30/06/2017

Special provisions relating to conventions and directions Part 34

Section 581

Telecommunications Act 1997 561

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

and includes, for example, an agreement, arrangement or

understanding between a Minister and an official or authority of a

foreign country.

581 Power to give directions to carriers and service providers

(1) The ACMA may give written directions to:

(a) a carrier; or

(b) a service provider;

in connection with performing any of the ACMA’s

telecommunications functions or exercising any of the ACMA’s

telecommunications powers.

(2) This section is not limited by any other provision of a law that:

(a) confers a function or power on the ACMA; or

(b) prescribes the mode in which the ACMA is to perform a

function or exercise a power; or

in relation to the performance by the ACMA of a function or

the exercise by the ACMA of a power.

(2A) The eSafety Commissioner may give written directions to:

(a) a carrier; or

(b) a service provider;

in connection with performing any of the Commissioner’s

functions or exercising any of the Commissioner’s powers.

(2B) This section is not limited by any other provision of a law that:

(a) confers a function or power on the eSafety Commissioner; or

(b) prescribes the mode in which the eSafety Commissioner is to

perform a function or exercise a power; or

in relation to the performance by the eSafety Commissioner

of a function or the exercise by the eSafety Commissioner of

a power.

(3) If:

Authorised Version C2017C00179 registered 30/06/2017

Part 34 Special provisions relating to conventions and directions

Section 581

562 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(a) a person who is a carrier or carriage service provider

proposes to use, or uses, for the person’s own requirements

or benefit, or proposes to supply, or supplies, to another

person, one or more carriage services; and

(b) the Attorney-General, after consulting the Prime Minister and

the Minister administering this Act, considers that the

proposed use or supply would be, or the use or supply is, as

the case may be, prejudicial to security;

the Attorney-General may give to the carrier or carriage service

provider a written direction not to use or supply, or to cease using

or supplying, as the case may be, the carriage service, or all of the

carriage services.

(3A) A direction under subsection (3) must relate to a carriage service

generally and cannot be expressed to apply to the supply of a

carriage service to a particular person, particular persons or a

particular class of persons.

(4) A person must comply with a direction given to the person under

subsection (1) or (3).

(4A) A person must comply with a direction given to the person under

subsection (2A).

(5) In this section:

security has the same meaning as in the Australian Security

Intelligence Organisation Act 1979.

Authorised Version C2017C00179 registered 30/06/2017

Miscellaneous Part 35

Section 582

Telecommunications Act 1997 563

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Part 35—Miscellaneous

582 Simplified outline

The following is a simplified outline of this Part:

• Provision is made in relation to continuing offences.

• Partnerships are to be treated as persons for the purposes of

this Act, the Spam Act 2003, regulations under the Spam Act

2003, the Do Not Call Register Act 2006, regulations under

the Do Not Call Register Act 2006, the Telecommunications

(Consumer Protection and Service Standards) Act 1999 and

regulations under the Telecommunications (Consumer

Protection and Service Standards) Act 1999.

• Provision is made in relation to the service of documents.

• Instruments under this Act, the Spam Act 2003, the Do Not

Call Register Act 2006 or the Telecommunications (Consumer

Protection and Service Standards) Act 1999 may apply, adopt

or incorporate certain other instruments.

• An arbitration under this Act or the Telecommunications

(Consumer Protection and Service Standards) Act 1999 must

not result in the acquisition of property otherwise than on just

terms.

Authorised Version C2017C00179 registered 30/06/2017

Part 35 Miscellaneous

Section 583

564 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

• In order to provide a constitutional safety-net, compensation is

payable in the event that the operation of this Act, the Spam

Act 2003, regulations under the Spam Act 2003, the Do Not

Call Register Act 2006, regulations under the Do Not Call

Register Act 2006, the Telecommunications (Consumer

Protection and Service Standards) Act 1999 or regulations

under that Act results in the acquisition of property otherwise

than on just terms.

• This Act, the Spam Act 2003, regulations under the Spam Act

2003, the Do Not Call Register Act 2006, regulations under

the Do Not Call Register Act 2006, the Telecommunications

(Consumer Protection and Service Standards) Act 1999 and

regulations under the Telecommunications (Consumer

Protection and Service Standards) Act 1999 do not affect the

performance of State or Territory functions.

• The Minister may make grants of financial assistance to

consumer bodies for purposes in connection with the

representation of the interests of consumers in relation to

telecommunications issues.

• The Minister may make grants of financial assistance for

purposes in connection with research into the social,

economic, environmental or technological implications of

developments relating to telecommunications.

• The Governor-General may make regulations for the purposes

of this Act.

583 Penalties for certain continuing offences

(1) This section applies if an offence against this Act is a continuing

offence (whether under this Act or because of section 4K of the

Crimes Act 1914).

Authorised Version C2017C00179 registered 30/06/2017

Miscellaneous Part 35

Section 584

Telecommunications Act 1997 565

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The maximum penalty for each day that the offence continues is

10% of the maximum penalty that could be imposed in respect of

the principal offence.

(3) In this section:

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

584 Procedure relating to certain continuing offences

(1) If section 43 applies to an offence against a provision of this Act,

charges against the same person for any number of offences against

that provision may be joined in the same information, complaint or

summons if:

(a) those charges are founded on the same facts; or

(b) form, or are part of, a series of offences of the same or a

similar character.

(2) If a person is convicted of 2 or more offences against such a

provision, the court may impose one penalty in respect of both or

all of those offences, but that penalty must not exceed the sum of

the maximum penalties that could be imposed if a separate penalty

were imposed in respect of each offence.

585 Treatment of partnerships

(1) This Act applies to a partnership as if the partnership were a

person, but it applies with the following changes:

(a) obligations that would be imposed on the partnership are

imposed instead on each partner, but may be discharged by

any of the partners;

(b) any offence against this Act that would otherwise be

committed by the partnership is taken to have been

committed by each partner who:

(i) aided, abetted, counselled or procured the relevant act or

omission; or

Authorised Version C2017C00179 registered 30/06/2017

Part 35 Miscellaneous

Section 586

566 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(ii) was in any way knowingly concerned in, or party to, the

relevant act or omission (whether directly or indirectly

and whether by any act or omission of the partner).

(2) In this section:

civil penalty provision includes:

(a) a civil penalty provision within the meaning of the Spam Act

2003; and

(b) a civil penalty provision within the meaning of the Do Not

Call Register Act 2006.

offence includes a breach of a civil penalty provision.

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

586 Giving of documents to partnerships

(1) For the purposes of this Act, if a document is given to a partner of

a partnership in accordance with section 28A of the Acts

Interpretation Act 1901, the document is taken to have been given

to the partnership.

(2) In this section:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

Authorised Version C2017C00179 registered 30/06/2017

Miscellaneous Part 35

Section 587

Telecommunications Act 1997 567

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

587 Nomination of address for service of documents

(1) For the purposes of this Act, a person may nominate an address for

service in:

(a) an application made by the person under this Act; or

(b) any other document given by the person to the ACCC or the

ACMA.

The address must be in Australia.

(2) For the purposes of this Act, a document may be given to the

person by leaving it at, or by sending it by pre-paid post to, the

nominated address for service.

(3) Subsection (2) has effect in addition to section 28A of the Acts

Interpretation Act 1901.

Note: Section 28A of the Acts Interpretation Act 1901 deals with the service

of documents.

(4) In this section:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

588 Service of summons or process on foreign corporations—

criminal proceedings

(1) This section applies to a summons or process in any criminal

proceedings under this Act, where:

(a) the summons or process is required to be served on a body

corporate incorporated outside Australia; and

(b) the body corporate does not have a registered office or a

principal office in Australia; and

Authorised Version C2017C00179 registered 30/06/2017

Part 35 Miscellaneous

Section 589

568 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) Service of the summons or process may be effected by serving it

on the agent.

(3) Subsection (2) has effect in addition to section 28A of the Acts

Interpretation Act 1901.

Note: Section 28A of the Acts Interpretation Act 1901 deals with the service

of documents.

(4) In this section:

criminal proceeding includes a proceeding to determine whether a

person should be tried for an offence.

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

589 Instruments under this Act may provide for matters by

reference to other instruments

(1) An instrument under this Act may make provision in relation to a

matter by applying, adopting or incorporating (with or without

modifications) provisions of any Act:

(a) as in force at a particular time; or

(b) as in force from time to time.

(2) An instrument under this Act may make provision in relation to a

matter by applying, adopting or incorporating (with or without

modifications) matter contained in any other instrument or writing

whatever:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time;

even if the other instrument or writing does not yet exist when the

instrument under this Act is made.

(3) A reference in subsection (2) to any other instrument or writing

includes a reference to an instrument or writing:

(a) made by any person or body in Australia or elsewhere

(including, for example, the Commonwealth, a State or

Authorised Version C2017C00179 registered 30/06/2017

Miscellaneous Part 35

Section 589

Telecommunications Act 1997 569

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

Territory, an officer or authority of the Commonwealth or of

a State or Territory or an overseas entity); and

(b) whether of a legislative, administrative or other official

nature or of any other nature; and

for example:

(d) regulations or rules under an Act; or

(e) a State Act, a law of a Territory, or regulations or any other

instrument made under such an Act or law; or

(f) an international technical standard or performance indicator;

(g) a written agreement or arrangement or an instrument or

writing made unilaterally.

(4) Nothing in this section limits the generality of anything else in it.

(5) Subsections (1) and (2) have effect despite anything in:

(a) the Acts Interpretation Act 1901; or

(b) the Legislation Act 2003.

(6) In this section:

instrument under this Act means:

(a) the regulations; or

(b) any other instrument made under this Act.

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999; and

(b) Parts XIB and XIC of the Competition and Consumer Act

2010; and

(d) the Do Not Call Register Act 2006.

Authorised Version C2017C00179 registered 30/06/2017

Part 35 Miscellaneous

Section 590

570 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

590 Arbitration—acquisition of property

(1) This section applies to a provision of this Act that authorises the

conduct of an arbitration (whether by the ACCC or another

person).

(2) The provision has no effect to the extent (if any) to which it

purports to authorise the acquisition of property if that acquisition:

(a) is otherwise than on just terms; and

(b) would be invalid because of paragraph 51(xxxi) of the

Constitution.

(3) In this section:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

this Act includes the Telecommunications (Consumer Protection

and Service Standards) Act 1999 and regulations under that Act.

591 Compensation—constitutional safety net

(1) If:

(a) apart from this section, the operation of this Act would result

in the acquisition of property from a person otherwise than

on just terms; and

(b) the acquisition would be invalid because of

paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable

amount to the person in respect of the acquisition.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court for the recovery from the Commonwealth of such

reasonable amount of compensation as the court determines.

(3) In this section:

Authorised Version C2017C00179 registered 30/06/2017

Miscellaneous Part 35

Section 592

Telecommunications Act 1997 571

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

592 Act not to affect performance of State or Territory functions

(1) A power conferred by this Act must not be exercised in such a way

as to prevent the exercise of the powers, or the performance of the

functions, of government of a State, the Northern Territory or the

Australian Capital Territory.

(2) In this section:

this Act includes:

(a) the Telecommunications (Consumer Protection and Service

Standards) Act 1999 and regulations under that Act; and

(b) the Spam Act 2003 and regulations under that Act; and

Act.

593 Funding of consumer representation, and of research, in

relation to telecommunications

(1) The Minister may, on behalf of the Commonwealth, make a grant

of financial assistance to a consumer body for purposes in

connection with the representation of the interests of consumers in

relation to telecommunications issues.

(2) The Minister may, on behalf of the Commonwealth, make a grant

of financial assistance to a person or body for purposes in

Authorised Version C2017C00179 registered 30/06/2017

Part 35 Miscellaneous

Section 594

572 Telecommunications Act 1997

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

connection with research into the social, economic, environmental

or technological implications of developments relating to

telecommunications.

(3) The terms and conditions on which financial assistance is to be

granted under this section are to be set out in a written agreement

between the Commonwealth and the person or body receiving the

grant.

(4) An agreement under subsection (3) may be entered into by the

Minister on behalf of the Commonwealth.

(5) The Minister must, as soon as practicable after the end of each

financial year (and, in any event, within 6 months after the end of

the financial year), cause to be prepared a report relating to the

administration of this section during the financial year.

(6) The Minister must cause copies of a report prepared under

subsection (5) to be laid before each House of the Parliament

within 15 sitting days of that House after the completion of the

preparation of the report.

(7) Grants under this section are to be paid out of money appropriated

by the Parliament for the purposes of this section.

(8) In this section:

consumer body means a body or association that represents the

interests of consumers.

telecommunications means the carriage of communications by

means of guided and/or unguided electromagnetic energy.

594 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Authorised Version C2017C00179 registered 30/06/2017

Miscellaneous Part 35

Section 594

Telecommunications Act 1997 573

Compilation No. 85 Compilation date: 23/6/17 Registered: 30/6/17

(2) The regulations may prescribe penalties, not exceeding 10 penalty

units, for offences against the regulations.

Authorised Version C2017C00179 registered 30/06/2017

Telecommunications Act 1997 (consolidated as of June 23, 2017), Australia

Available Materials