Telecommunications Act 1975 (Cth)
TELECOMMUNICATIONS ACT 1975 [Note: This Act is "repealed" by Act No. 63 of 1989]
(#DATE 31:01:1987)
(#DATE 31:01:1987)
- Reprinted as at 31 January 1987
Table of Acts
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Act Number
and year Date
of Assent Date of
commencement Application,
saving
or transitional
provisions
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Telecommunications Act
1975 55, 1975 12 June
1975 Ss. 1-3, 5, 21-37,
75 and 97: Royal
Assent
Remainder: 1 July
1975 (see s. 2 and
Gazette 1975, No.
S122, p. 1)
Telecommunications
Amendment Act 1976 94, 1976 20 Sept
1976 15 Sept 1976 -
Broadcasting and
Television Amendment Act
1977 160, 1977 10 Nov 1977
1 Jan 1978 (see
Gazette 1977, No.
S259, p. 1) -
Administrative Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
Public Service Amendment
Act 1978 170, 1978 28 Nov 1978
Ss. 1, 2, 5, 7-11,
14, 15, 18, 25 and
38: Royal Assent
Remainder: 15 Mar
1981 (see Gazette
1981, No. S43, p.
1) S. 40 (3)
Telecommunications
Amendment Act 1979 115, 1979 25 Oct 1979
1 June 1980 (see
s. 2 and Gazette
1980, No. G21, p.
2) -
Public Service and
Statutory Authorities
Amendment Act 1980 177, 1980 17 Dec 1980
Part VIII (ss.
62-64): Royal
Assent (a) -
Statute Law Revision Act
1981 61, 1981 12 June
1981 S. 115: Royal
Assent (b) -
Statute Law
(Miscellaneous
Amendments) Act (No. 2)
1982 80, 1982 22 Sept
1982 Part LXXIII (ss.
266 and 267): 14
Feb 1983 (see
Gazette 1983, No.
S29, p. 1) (c) -
Australian Broadcasting
Corporation (Transitional
Provisions and
Consequential Amendments)
Act 1983 7, 1983 1 June 1983
Part VII (ss. 70
and 71): 1 July
1983 (see Gazette
1983, No. S124, p.
1) (d) -
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1983 91, 1983 22 Nov 1983
S. 3: 20 Dec 1983
(e) S. 6 (1)
Public Service and
Statutory Authorities
Amendment Act 1983 92, 1983 22 Nov 1983
22 Nov 1983 -
Conciliation and
Arbitration Amendment Act
(No. 2) 1983 115, 1983 16 Dec 1983
S. 41: 1 June 1984
(see Gazette 1984,
No. S201, p. 1)
(f) S. 43
Radiocommunications
(Transitional Provisions
and Consequential
Amendments) Act 1983 136, 1983 22 Dec 1983
27 Aug 1985 (see
s. 2 and Gazette
1985, No. S322, p.
1) S. 5
Postal and
Telecommunications
Amendment Act 1983 147, 1983 22 Dec 1983
22 Dec 1983 S. 29
Satellite Communications
(Consequential
Amendments) Act 1984 18, 1984 26 Apr 1984
26 Apr 1984 (see
s. 2) -
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1984 165, 1984 25 Oct 1984
S. 3: (g) Ss. 2 (32) and
6 (1)
Broadcasting and
Television (Consequential
Amendments) Act 1985 67, 1985 5 June 1985
1 Jan 1986 S. 4 (1) and
(2)
Communications
Legislation Amendment Act
1985 119, 1985 21 Oct 1985
18 Nov 1985 -
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1985 193, 1985 16 Dec 1985
S. 3: Royal Assent
(h) S. 16
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1986 76, 1986 24 June
1986 S. 3: Royal Assent
(j) Ss. 8 and 9
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(a) The Telecommunications Act 1975 was amended by Part VIII (sections 62-64) of the Public Service and Statutory Authorities Amendment Act 1980,
sub-section 2 (1) of which provides as follows:
"(1) Sections 1, 2, 3 and 4, sub-sections 5 (2) and 7 (2), (5), (6) and
(7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19, sub-sections 21 (1) and 37 (5), sections 38, 43 and 44, sub-section 45 (10) and sections 46 to 66
(inclusive) shall come into operation on the day on which this Act receives
the Royal Assent."
(b) The Telecommunications Act 1975 was amended by section 115 only of the
Statute Law Revision Act 1981, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(c) The Telecommunications Act 1975 was amended by Part LXXIII (sections 266
and 267) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982,
sub-section 2 (12) of which provides as follows:
"(12) Section 196 and Parts LVII and LXXIII shall come into operation on
the date of commencement of the Petroleum (Submerged Lands) Amendment Act
1980, or the day on which this Act receives the Royal Assent, whichever is the later."
(d) The Telecommunications Act 1975 was amended by Part VII (sections 70 and
71) only of the Australian Broadcasting Corporation (Transitional Provisions
and Consequential Amendments) Act 1983, sub-section 2 (2) of which provides as follows:
"(2) The remaining provisions of this Act shall come into operation on the day fixed under sub-section 2 (2) of the Australian Broadcasting Corporation
Act 1983."
(e) The Telecommunications Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, sub-section 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(f) The Telecommunications Act 1975 was amended by section 41 only of the
Conciliation and Arbitration Amendment Act (No. 2) 1983, sub-section 2 (2) of
which provides as follows:
"(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, sub-section 22 (3) and
sections 27, 39, 40, 41 and 43 shall come into operation on a date, or
respective dates, to be fixed by Proclamation."
(g) The Telecommunications Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, sub-sections 2 (1)
and (27) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.
"(27) The amendment made by this Act to paragraph 94 (2) (fa) of the
Telecommunications Act 1975 shall be deemed to have come into operation on 26
April 1984."
In pursuance of sub-section 2 (1) the date of commencement was 22 November
1984.
(h) The Telecommunications Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, sub-section 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(j) The Telecommunications Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, sub-section 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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Provision affected How affected
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S. 3 ................ am. No. 136, 1983; No. 76, 1986
S. 3A ............... ad. No. 80, 1982
S. 6 ................ am. No. 18, 1984; No. 119, 1985
S. 8 ................ rs. No. 136, 1983
S. 10 ............... am. No. 165, 1984
S. 10A .............. ad. No. 18, 1984
S. 12 ............... am. No. 36, 1978
S. 13 ............... am. No. 136, 1983
S. 28 ............... am. No. 119, 1985
S. 29 ............... am. No. 91, 1983
S. 31 ............... am. No. 91, 1983
S. 34 ............... am. No. 76, 1986
S. 36 ............... am. No. 91, 1983
S. 40 ............... am. No. 165, 1984
S. 43A .............. ad. No. 177, 1980
am. No. 61, 1981
rep. No. 92, 1983
S. 43B .............. ad. No. 177, 1980
rep. No. 92, 1983
S. 52 ............... am. No. 76, 1986
S. 54 ............... am. No. 91, 1983
S. 60 ............... am. No. 193, 1985
S. 67 ............... am. No. 177, 1980; No. 92, 1983
S. 70 ............... rep. No. 115, 1983
S. 71 ............... am. No. 36, 1978
S. 72 ............... am. No. 94, 1976; No. 36, 1978
rs. No. 76, 1986
Ss. 72A-72E ......... ad. No. 76, 1986
S. 73 ............... am. No. 36, 1978
S. 79 ............... rs. No. 119, 1985
am. No. 193, 1985
S. 79A .............. ad. No. 119, 1985
S. 80 ............... am. No. 94, 1976
Ss. 81-85 ........... am. No. 119, 1985
S. 86 ............... rep. No. 115, 1979
ad. No. 119, 1985
Ss. 87-90 ........... am. No. 119, 1985
Ss. 92-93 ........... am. No. 119, 1985
S. 94 ............... am. No. 160, 1977; Nos. 7 and 136, 1983; Nos. 18 and 165,
1984;
Nos. 67 and 119, 1985
S. 94A .............. ad. No. 119, 1985
S. 97A .............. ad. No. 170, 1978
rep. No. 119, 1985
S. 99 ............... am. No. 36, 1978
S. 102 .............. rs. No. 119, 1985
S. 103A ............. ad. No. 119, 1985
S. 104 .............. am. No. 165, 1984; No. 119, 1985
S. 111 .............. am. No. 147, 1983; No. 119, 1985
S. 112 .............. am. No. 170, 1978; No. 119, 1985
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TELECOMMUNICATIONS ACT 1975 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
3A. Extension of Act to adjacent areas
PART II-ESTABLISHMENT, FUNCTIONS AND GENERAL POWERS OF THE COMMISSION
4. Establishment of Commission
5. Functions of the Commission
6. Duties of Commission
7. Minister may give directions to the Commission
8. Radiocommunications
9. Powers of the Commission
10. Particular powers of the Commission
10A. Companies involved in telecommunications
11. Charges for telecommunications services and other charges
12. Reimbursement
13. Commission may authorise persons to erect, maintain and operate
telecommunications installations
14. Commission may act as agent, &c.
PART III-POWERS OF THE COMMISSION IN RELATION TO LAND
15. Power to enter lands and make surveys
16. Power to construct telecommunications installations
17. Trees may be cut or lopped
18. Commission may replace, repair and maintain installations, &c.
19. Subdivider to pay cost of necessary alterations
20. Commission to do as little damage as possible and to pay compensation
PART IV-CONSTITUTION AND MEETINGS OF THE COMMISSION
21. Constitution of Commission
22. Composition of Commission
23. Period of appointment
24. Remuneration and allowances
25. Chairman and Deputy Chairman of Commission
26. Leave of absence
27. Resignation of Commissioner
28. Termination of appointments
29. Acting Commissioners
30. Acting Chairman and Deputy Chairman
31. Meetings of the Commission
32. Duties of the Managing Director
33. Delegation
PART V-THE STAFF OF THE COMMISSION
Division 1-The Chief General Manager
34. Chief General Manager
35. Remuneration of Chief General Manager
36. Acting Chief General Manager
37. Duties of Chief General Manager
Division 2-Establishment of the Australian Telecommunications
Commission Service
38. Establishment of Australian Telecommunications Commission Service
Division 3-Officers and Employees
39. Officers
40. Appointments to be on probation
41. Re-appointment of persons who have resigned from the Service to become
candidates at elections
42. Employees
43. Terms and conditions of employment
Division 4-Classifications, Appointments and Promotions
44. Creation and abolition of positions
45. Commission may alter designation or classification of positions
46. Filling of vacant positions
47. Selection of officers for promotion
48. Qualification for particular positions
49. Transfers and promotions to certain positions
50. Promotion of officers who complete courses of training for special
positions
51. Appeals against promotions
52. Chairman of Promotions Appeal Boards
53. Promotions Appeal Boards
Division 5-Tenure of Office
54. Tenure of office
55. Excess officers
56. Retirement, &c., on ground of inefficiency, incapacity, &c.
Division 6-Dismissals and Punishments
57. Interpretation
58. Disciplinary action
59. Suspension of officers
60. Removal and variation of suspension
61. Conviction by courts
62. Appeals
63. Disciplinary Appeal Boards
64. Review of findings
Division 7-Forfeiture of Office
65. Forfeiture of office
Division 8-Powers and Functions of the Commonwealth Conciliation and
Arbitration Commission in respect of the Service
66. Interpretation
67. Settlement of industrial disputes and determination of industrial
matters in respect of the Service
68. Application of provisions of Conciliation and Arbitration Act
69. Awards deemed to be made under Conciliation and Arbitration Act
PART VI-FINANCE
71. Capital
72. Borrowing from Commonwealth
72A. Borrowings otherwise than from Commonwealth
72B. Guarantee of borrowings by Commission
72C. Commission may give security
72D. Borrowings not otherwise permitted
72E. Delegation by Treasurer
73. Financial policy of the Commission
74. Bank accounts
75. Application of moneys
76. Surplus revenue
77. Proper accounts to be kept
78. Estimates
79. Contracts
79A. Hedging contracts, &c.
80. Exemption from taxation
81. Audit
PART VII-OFFENCES
82. Disclosure of contents of telecommunications messages
83. Theft of telecommunications messages, &c.
84. Forgery of telecommunications messages, &c.
85. Sending false telecommunications messages
86. Use of telecommunications services for menaces, &c.
87. Fraudulent representation and devices
88. Interference with telecommunications services
89. Obstructing officers
90. Damage to installations, &c.
91. Arrest without warrant
92. Charging for use of telecommunications service provided by Commission
93. Unauthorised directories
94. Persons other than the Commission not to construct, maintain or operate
telecommunications installations
94A. Unauthorised alteration or modification of equipment, &c.
PART VIII-PROTECTION OF PROPERTY OF THE COMMISSION
95. Compensation for interference or damage
96. Work done by Commission to protect property
PART IX-MISCELLANEOUS
97. Superannuation
98. Service of notices, &c.
99. Annual report
100. Further reports
101. Protection from actions
102. Prosecution of indictable offences
103. Reward for information as to damage to property
103A. Ownership of telecommunications installation
104. Attachment of salaries
105. Telecommunications messages deemed to be property of the Commission
106. Contributions towards the provision of special services or facilities
107. Payment of tolls, &c.
108. Grants of financial assistance
109. Consultative Council
110. Remission of charges
111. By-laws
112. Regulations
TELECOMMUNICATIONS ACT 1975 - LONG TITLE SECT
An Act relating to the Provision of Telecommunications Services within Australia
TELECOMMUNICATIONS ACT 1975 - PART I
PART I-PRELIMINARY
TELECOMMUNICATIONS ACT 1975 - SECT 1
Short titleSECT
1. This Act may be cited as the Telecommunications Act 1975.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TELECOMMUNICATIONS ACT 1975 - SECT 2
CommencementSECT
2.*1*(1) Part I, section 5, Part IV, Division 1 of Part V and sections 75 and 97 of this Act shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on the date fixed under sub-section 2 (2) of the Postal Services Act 1975.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TELECOMMUNICATIONS ACT 1975 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears-
"appoint" includes re-appoint;
"approved bank" means a bank approved by the Treasurer for the purposes of the provision in which the expression occurs;
"article" includes any substance or thing;
"authorized person" means a person authorized by the Commission for the purpose of the provision in which the expression occurs;
"Chairman" means the Chairman of the Commission;
"Chief General Manager" means the Chief General Manager of the Commission;
"commencing date"*2* means the date fixed by Proclamation under sub-section 2 (2) of the Postal Services Act 1975;
"Commission" means the Australian Telecommunications Commission established by this Act;
"Commissioner" means the Managing Director or another Commissioner holding office under section 22;
"convention" means a convention to which Australia is a party or an agreement or arrangement between Australia and another country or other countries;
"Deputy Chairman" means the Deputy Chairman of the Commission;
"employee" means a person engaged by the Commission as a temporary employee under section 42;
"line" means wire, cable, tube, conduit, fibre, waveguide or other physical medium used, or intended for use, in connexion with a telecommunications service;
"Managing Director" means the Managing Director of the Commission;
"officer" means a person who is appointed to the Service under section 39 or deemed to have been appointed to the Service under Part IV of the Transitional Provisions Act;
"organization" means an organization registered under the Conciliation and Arbitration Act 1904-1974;
"part-time Commissioner" means a Commissioner other than the Managing Director;
"radiocommunication" and "radiocommunications transmitter" have the same respective meanings as they have in the Radiocommunications Act 1983;
"receiver" has the same meaning as in the Radiocommunications Act 1983;
"Service" means the Australian Telecommunications Commission Service established by section 38;
"telecommunications installation" means-
(a) a line; or
(b) any equipment, apparatus, structure, tower, antenna, tunnel, manhole,
pit or pole used, or intended for use, in connexion with a telecommunications service;
"telecommunications message" means-
(a) a material record of a communication or information sent or delivered
to the Commission for transmission over a telecommunications system; or
(b) a material record issued by the Commission as a record of a
communication or information transmitted over such a telecommunications system;
"telecommunications service" means-
(a) a service for transmitting, by means of electric or electro-magnetic
energy-
(i) sounds, including speech and music;
(ii) visual images;
(iii) signals for the communication, whether as between persons and
persons, things and things or persons and things, of any matter otherwise than in the form of sounds or visual images; or
(iv) signals for the actuation or control of machinery or apparatus; or
(b) a service for receiving any such sounds, images or signals that have
been transmitted by means of electric or electro-magnetic energy;
"telecommunications system" means a system controlled by the Commission in connexion with the provision of a telecommunications service;
"Transitional Provisions Act" means the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975;
(2) A reference in this Act to injurious interference from an electric line or installation is a reference-
(a) to any impairment or potential impairment of the normal operation of a telecommunications system; and
(b) to any hazard or potential hazard to-
(i) a telecommunications system or a telecommunications installation;
(ii) officers and employees in the course of their duties; or
(iii) users of a telecommunications service provided by the Commission,
which results, or may result, from the transmission of electricity over an electric line or through any apparatus connected to an electric line, from the use of electricity in, or in connexion with, any machinery, engines, meters, lamps, transformers, fittings, apparatus or works or from the generation or supply of electricity.(3) In this Act, unless the contrary intention appears-
(a) a reference to a telecommunications service provided by the Commission includes a reference to a telecommunications service that was, prior to the commencing date, provided by the Postmaster-General and that is, on and after that date, maintained by the Commission;
(b) a reference to information includes a reference to music, to other sounds, to visual images and to signals referred to in sub-paragraphs (iii) and (iv) of paragraph (a) of the definition of "telecommunications service" in sub-section (1); and
(c) a reference to the original position-
(i) of a person who has been dismissed under section 58, 61 or 62 or is
to be deemed, under section 65, to have resigned; or
(ii) of an officer who has been transferred to another position under
section 58, 61 or 62,
is a reference to the position held by that person or officer immediately
before the dismissal, resignation or transfer, as the case may be, or, if the person or officer was then performing the duties of another position to which he had been temporarily transferred under section 59, to the position held by him immediately before that temporary transfer.(4) Where a provision of this Act authorizes the Commission to enter upon, or occupy, land or water for any purpose, the provision shall be read as also authorizing an officer or employee, a person acting for or on behalf of the Commission under a contract and an employee of such a person to enter upon the land or waters for that purpose and with such vehicles or vessels as are necessary for that purpose.
*2* S. 3 (1), definition of "commencing date"-The date fixed was 1 July 1975 (see Gazette 1975, No. S122, p. 1).
TELECOMMUNICATIONS ACT 1975 - SECT 3A
Extension of Act to adjacent areasSECT
3A. (1) Subject to sub-section (2), the provisions of this Act apply in relation to the adjacent areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the adjacent areas in respect of the States and Territories. (2) The application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts, matters and things touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory and not otherwise.
(3) Without limiting the generality of sub-section (2), the application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area in respect of a State or Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.
(4) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1), as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.
(5) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1).
(6) In this section, "adjacent area", in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.
TELECOMMUNICATIONS ACT 1975 - PART II
PART II-ESTABLISHMENT, FUNCTIONS AND GENERAL POWERS OF THE COMMISSION
TELECOMMUNICATIONS ACT 1975 - SECT 4
Establishment of CommissionSECT
4. There is established by this Act a Commission by the name of the Australian Telecommunications Commission.
TELECOMMUNICATIONS ACT 1975 - SECT 5
Functions of the CommissionSECT
5. The functions of the Commission are-
(a) to plan, establish, maintain and operate telecommunications services within Australia;
(b) to operate such other services as the Commission is authorized by this Act to operate;
(c) to provide, at the request of the Australian Government, technical assistance outside Australia in relation to the planning, establishment, maintenance and operation of telecommunications services in countries outside Australia; and
(d) to do anything incidental or conducive to the performance of any of the preceding functions.
TELECOMMUNICATIONS ACT 1975 - SECT 6
Duties of CommissionSECT
6. (1) The Commission shall perform its functions in such a manner as will best meet the social, industrial and commercial needs of the Australian people for telecommunications services and shall, so far as it is, in its opinion, reasonably practicable to do so, make its telecommunications services available throughout Australia for all people who reasonably require those services. (2) In performing its functions in accordance with sub-section (1), the Commission-
(a) shall comply with any directions given to it under section 7; and
(b) shall have regard to-
(i) the desirability of improving and extending its
telecommunications services in the light of developments in the field of communications;
(ii) the need to operate its services as efficiently and economically as
practicable;
(iii) the special needs for telecommunications services of Australian
people who reside or carry on business outside the cities. and
(iv) the intention of the Parliament expressed in section 7 of the
Satellite Communications Act 1984, namely, the intention that the telecommunications system provided by the Commission and the telecommunications system provided by the company AUSSAT Pty Ltd (being the company described in the definition of "Aussat" in section 3 of that Act) by the use of space satellites within the meaning of that Act will provide the national telecommunications network for Australia.(3) Nothing in this section shall be taken-
(a) to prevent the Commission from interrupting, suspending or restricting, in the case of emergency, a service provided by it; or
(b) to impose on the Commission a duty that is enforceable by proceedings in a court.(4) It is the duty of the Commission, in performing its functions, to comply with the provisions of any Convention to the extent that it imposes obligations on Australia in relation to matters within the functions of the Commission.
(5) It is the duty of the Commission, in performing its functions, to use its best endeavours to ensure that no telecommunications system or telecommunications installation belonging to the Commission is used in, or in furtherance of, the commission of an offence against a law of the Commonwealth or of a State or Territory.
TELECOMMUNICATIONS ACT 1975 - SECT 7
Minister may give directions to the CommissionSECT
7. (1) The Minister may, after consultation with the Commission, give to the Commission, in writing, such directions, with respect to the performance of its functions and the exercise of its powers, as appear to the Minister to be necessary in the public interest. (2) Where the Minister gives a direction to the Commission under sub-section (1), the Minister shall cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days after the direction is so given.
(3) Sub-section (1) does not authorize the Minister to give a direction with respect to rentals or charges referred to in section 11.
TELECOMMUNICATIONS ACT 1975 - SECT 8
RadiocommunicationsSECT
8. Nothing in this Act shall be taken to authorize the Commission to do anything that, if done by any other person, would be in contravention of the Radiocommunications Act 1983.
TELECOMMUNICATIONS ACT 1975 - SECT 9
Powers of the CommissionSECT
9. (1) The Commission may do, in Australia or elsewhere, all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions under this Act. (2) The generality of sub-section (1) shall not be taken to be limited by any other provisions of this Act conferring a power on the Commission.
TELECOMMUNICATIONS ACT 1975 - SECT 10
Particular powers of the CommissionSECT
10. (1) The Commission has power, for or in connexion with the performance of its functions-
(a) to purchase land;
(b) to take land on lease;
(c) to take easements over land;
(d) to sell, or otherwise dispose of, land vested in the Commission;
(e) to lease land vested in the Commission;
(f) to release any easement over land; and
(g) to do anything incidental to any of the powers specified in the preceding paragraphs of this sub-section.(2) The Commission may conduct investigations and research with a view to the development and improved efficiency of telecommunications services generally.
(3) Subject to the regulations, the Commission may provide, or authorize the provision of, services for, or by way of, the dissemination, by means of a telecommunications service provided by it, of information that is, in the opinion of the Commission, of utility to the public, to persons who seek that information.
(4) The Commission may deliver to the person to whom it is addressed a telecommunications message that has not been transmitted over any telecommunications system.
TELECOMMUNICATIONS ACT 1975 - SECT 10A
Companies involved in telecommunicationsSECT
10A. (1) In this section-
"prescribed business" means a business relating to telecommunications and includes the relevant business;
"prescribed company" means a company that carries on, or proposes to carry on, a prescribed business;
"relevant business" means the business of providing-
(a) a telecommunications system for Australia by the use of space
satellites; and
(b) space satellite facilities for use in telecommunications systems for
neighbouring regions;
"technical services" means services relating to telecommunications.(2) In the definition of "relevant business" in sub-section (1), "Australia", "neighbouring regions" and "space satellite" have the same meanings, respectively, as they have in the Satellite Communications Act 1984.
(3) The Commission may-
(a) form, or participate with other persons in the formation of, a company that would carry on a prescribed business, other than a company that would carry on the relevant business;
(b) acquire, hold and dispose of shares or stock in the capital of, or debentures or other securities of, a prescribed company;
(c) enter into a partnership, or an arrangement for the sharing of profits, with a prescribed company; and
(d) provide technical services (whether in or outside Australia) for a prescribed company or for a partnership referred to in paragraph (c).(4) The Commission shall not exercise a power conferred by sub-section (3) except with the approval of the Minister.
(5) An agreement or arrangement between the Commission and a prescribed company shall include a term empowering the Commission to terminate the agreement or arrangement if the prescribed company ceases to be a prescribed company.
(6) Where-
(a) the Commission has an interest in, or is a party to an agreement or arrangement with, a prescribed company; and
(b) the prescribed company ceases to be a prescribed company, the Minister may give to the Commission such directions as he thinks appropriate with respect to-
(c) the disposal of the interest of the Commission in the company; or
(d) the termination of the agreement or arrangement between the Commission and the company, as the case may be.(7) This section does not authorize a prescribed company to carry on a prescribed business otherwise than in accordance with the relevant law.
TELECOMMUNICATIONS ACT 1975 - SECT 11
Charges for telecommunications services and other chargesSECT
11. (1) The Commission may, from time to time, make, with the approval of the Minister, determinations fixing or varying-
(a) the rentals payable in respect of standard telephone services provided by the Commission;
(b) the charges for telephone calls made within Australia, other than charges for special services provided by the Commission in connexion with those calls; and
(c) the charges for the transmission within Australia of telegrams that are lodged at telegraph offices otherwise than by means of a telecommunications service provided by the Commission.(2) The Commission may, from time to time, make determinations fixing or varying rentals and charges, other than rentals and charges referred to in sub-section (1), for telecommunications services and other services that the Commission provides under this Act.
(3) An application to the Minister for his approval of a determination proposed to be made by the Commission under sub-section (1)-
(a) shall be made to the Minister in writing;
(b) shall specify the date as from which the determination is, if approved by the Minister, intended to operate; and
(c) shall also specify-
(i) the proportion of the amount ascertained in accordance with the
formula specified in paragraph 73 (1) (b) in respect of the financial year in which the date so specified occurs that the Commission is planning to provide out of revenues of the Commission for expenditure by way of capital expenditure; and
(ii) the amount estimated by the Commission to be the amount of revenue
that the Commission will receive in respect of the financial year referred to in sub-paragraph (i),
if the determination is made and any other determination that the Commission proposes to make under sub-section (2) is also made.(4) The Minister shall furnish his decision with respect to an application referred to in sub-section (3) to the Commission in writing.
(5) Where an application has been made to the Minister for approval of a determination that the Commission proposes to make under sub-section (1), the Minister may request the Commission, in writing, to furnish to him specified information that is, in his opinion, relevant to the fixing or varying of the rentals and charges to which the determination relates, and the Commission shall comply with the request to the extent to which it is practicable to do so and as soon as practicable after receipt of the request.
(6) The Commission shall cause particulars of rentals and charges determined by it under this section to be published in the Gazette.
(7) In this section, a reference to the rental payable in respect of a standard telephone service provided by the Commission is a reference to the rental payable for the use of the line and other apparatus connecting premises to the telephone system controlled by the Commission.
TELECOMMUNICATIONS ACT 1975 - SECT 12
ReimbursementSECT
12. (1) This section applies to the Commission in respect of a financial year where-
(a) the Commission has submitted to the Minister for his approval a determination that it proposes to make under sub-section 11 (1) with a view to fulfilling the financial policy that it is pursuing in respect of that financial year, but the Minister has refused to grant his approval; and
(b) subsequent to that refusal, the Commission-
(i) after having given consideration to any suggestions with respect to
rentals and charges made by the Minister when refusing to approve the determination referred to in paragraph (a); and
(ii) after having reconsidered the proposed expenditures of the
Commission, the proportion specified in the application for the Minister's approval in accordance with sub-paragraph 11 (3) (c) (i) and all rentals and charges referred to in section 11, with a view to formulating a financial policy in respect of that year and carrying out that policy otherwise than by charging the rentals and charges proposed in the determination referred to in paragraph (a),
has submitted to the Minister an application in accordance with sub-section
11 (3) for his approval of another determination (in this section referred to as the second determination), whether or not differing from the original proposed determination, that the Commission proposes to make under sub-section 11 (1), but the Minister has refused to grant his approval.(2) Where, after the end of a financial year in respect of which this section applies to the Commission, the Minister is satisfied that the Commission has complied with sub-section 73 (2) in respect of the year and that, for reasons related, either in whole or in part, to his having refused to approve under sub-section 11 (1) the second determination, the revenue that the Commission would have required in respect of the financial year for the purpose of enabling it-
(a) to have met, out of that revenue, all expenditure, and provision for expenditure, of the Commission in respect of that year properly chargeable to the revenue; and
(b) to have provided, for expenditure by the Commission by way of capital expenditure, a sum equal to the proportion specified in the application made to the Minister in respect of the second determination in pursuance of sub-paragraph 11 (3) (c) (i) of the amount ascertained in respect of that financial year in accordance with the formula specified in paragraph 73 (1) (b) or equal to one-half of the amount so ascertained, whichever is the less, exceeds the revenue of the Commission in respect of that year, the Commission is entitled to be paid by Australia-
(c) an amount equal to the excess;
(d) an amount equal to the amount by which the revenue of the Commission in respect of that year was less than the amount specified in the application made to the Minister in respect of that second determination in pursuance of sub-paragraph 11 (3) (c) (ii); or
(e) an amount equal to the amount by which the revenue of the Commission in respect of that year is less than the revenue that, in the opinion of the Minister, the Commission would have received in respect of that year if that second determination had been approved by the Minister and made by the Commission, whichever is the least.(3) Where the Minister, when refusing to approve the second determination in respect of a financial year, notifies the Commission the rentals and charges of a kind referred to in sub-section 11 (1) that he would be prepared to approve in respect of that year but the Commission does not make a determination under sub-section 11 (1) fixing or varying the rentals and charges accordingly, the Commission is not entitled to be paid an amount by Australia under sub-section (2) of this section in respect of that financial year.
(4) The Minister may, when notifying the Commission the rentals and charges that he would be prepared to approve in respect of a year, specify any concessional rentals or charges that should, in his opinion, be provided for persons included in a specified class of persons.
(5) The Minister for Finance may, out of moneys appropriated by the Parliament for the purpose, make advances to the Commission, at such times as he thinks fit, of such amounts as he thinks fit on account of any amount that may become payable under sub-section (2).
(6) The Commission is liable to repay to Australia, upon demand by the Minister for Finance, the amount by which the total amounts (including advances) paid to the Commission under this section exceeds the total of those amounts that have become payable to the Commission under sub-section (2).
(7) The Commission shall cause particulars of any refusal by the Minister to approve a determination under sub-section 11 (1) to be set out in the report of the Commission under section 99 with respect to its operations during the year in which the approval was refused.
TELECOMMUNICATIONS ACT 1975 - SECT 13
Commission may authorise persons to erect, maintain and operate
telecommunications installationsSECT
13. (1) The Commission-
(a) may authorize a person to erect, maintain or operate a telecommunications installation other than an installation for the purpose of radiocommunications; and
(b) may authorize the attachment of a line, equipment or apparatus, including equipment or apparatus for the purpose of radiocommunications, to a telecommunications system.(2) The Commission may specify, in an authorization issued under sub-section (1), the period in respect of which and the terms and conditions subject to which, the authorization is to operate.
TELECOMMUNICATIONS ACT 1975 - SECT 14
Commission may act as agent, &c.SECT
14. The Commission may make arrangements with a Minister of State acting on behalf of Australia or the Administration of a Territory, with a Minister of a State acting on behalf of the State, or with an authority of Australia or of a State-
(a) for the doing of any act or thing by the Commission on behalf of Australia, the Administration of that Territory, that State or that authority, as the case may be, being an act or thing that can conveniently be done in conjunction with the performance of the functions of the Commission; or
(b) for the doing by a Department of State, the Administration of that Territory, a Department of that State or that authority, as the case may be, on behalf of the Commission of any act or thing that the Commission is authorized to do under this Act.
TELECOMMUNICATIONS ACT 1975 - PART III
PART III-POWERS OF THE COMMISSION IN RELATION TO LAND
TELECOMMUNICATIONS ACT 1975 - SECT 15
Power to enter lands and make surveysSECT
15. (1) The Commission may, for the purpose of ascertaining the suitability of any land, including land owned or occupied by Australia or a State, for carrying out the functions of the Commission-
(a) enter upon, and inspect, the land; and
(b) on land so entered, make surveys, take levels, sink bores, dig pits and examine the soil and do other acts necessary for that purpose.(2) Before entering upon land in pursuance of sub-section (1), the Commission shall give notice in writing of its intention to do so to the owner and occupier of the land.
TELECOMMUNICATIONS ACT 1975 - SECT 16
Power to construct telecommunications installationsSECT
16. (1) In this section-
"telecommunications installation" means-
(a) a line; or
(b) any equipment, apparatus, tunnel, manhole, pit or pole used, or
intended for use, in connexion with a telecommunications service; and
"land" includes land owned or occupied by Australia or a State.(2) Subject to sub-sections (5) and (7), the Commission may, for the purposes of this Act-
(a) construct a telecommunications installation above, upon or beneath the surface of any land or above or beneath the surface of any water; or
(b) affix to any building or other structure erected on any land or in any waters, any line, or other equipment for use in connexion with the operation of a telecommunications service by the Commission.(3) Without limiting the generality of sub-section (2) or of section 18, the Commission may, for purposes connected with the construction, replacement, repair, maintenance or renewal of a telecommunications installation-
(a) enter upon, and occupy, any land; and
(b) on land so occupied, do any act specified in sub-section (4).(4) The acts referred to in sub-section (3) are-
(a) to construct, build or place any plant, machinery, equipment or goods;
(b) to fell or lop trees and to clear and remove other vegetation or undergrowth;
(c) to make cuttings or excavations;
(d) to re-instate the surface of the land and, for purposes connected therewith, to remove and dispose of earth, soil or other material or trees felled on, or parts of trees, vegetation or undergrowth cleared from, the land;
(e) to erect temporary workshops, sheds or other buildings; and
(f) to level the surface of land and make roads.(5) The Commission shall not, in the exercise of its powers under sub-section (2)-
(a) construct a telecommunications installation above, upon or beneath the surface of any road or bridge; or
(b) affix to any structure erected on a road or bridge any line or other equipment for use in connexion with the operation of a telecommunications service, unless the Commission has given notice, in writing, of its intention to do so to the authority having the care and management of that road or bridge.(6) Where the Commission has, in order to exercise its powers under sub-section (2) on a road or bridge, given notice to the authority having the care and management of that road or bridge, the Commission may, in connexion with the exercise of those powers-
(a) construct, build or place any plant, machinery, equipment or goods on that road or bridge;
(b) make cuttings or excavations on that road or bridge; and
(c) carry away surplus sand, clay, stone, earth, gravel, timber or other materials or things from that road or bridge.(7) The Commission shall not, in the exercise of its powers under this section-
(a) alter the position of a pipe, being a main, sewer or drain; or
(b) alter the position of any other pipe for the supply of water or gas or a cable for the supply of electricity, unless the Commission has given notice, in writing, of its intention to do so to the authority having the care and management of the pipe or cable.(8) The Commission shall, in the exercise of its powers under sub-section (2), ensure that a line erected above the surface of a road, bridge, vehicular path or water is erected in such a manner as to allow for the reasonable passage of persons and vehicles on the road, bridge or path or of vessels over the water.
(9) The Commission may demolish or destroy on, or remove from, any land occupied by it, any plant, machinery, equipment, goods, workshop, shed, building or road constructed, built, placed or erected by it on the land.
(10) Subject to sub-sections (5) and (7), before the Commission exercises any of its powers under this section in relation to land, the Commission shall give notice in writing to the owner and occupier of the land of its intention to enter upon the land and of the purpose for which it intends to enter upon the land.
(11) Sub-section (10) does not apply to the exercise, by the Commission, of any of its powers under this section on a road or bridge.
TELECOMMUNICATIONS ACT 1975 - SECT 17
Trees may be cut or loppedSECT
17. (1) The Commission may, when any tree, undergrowth or vegetation growing on land owned or occupied by Australia or by a State or on any road obstructs, or is likely to obstruct, the operation of any telecommunications installation, after giving notice in writing to the authority having the care and management of the land or road concerned of its intention to do so, cut down or lop the tree or clear the undergrowth or vegetation. (2) The Commission may, when any tree, undergrowth or vegetation growing on private property obstructs, or is likely to obstruct, the operation of any telecommunications installation, by notice in writing served upon the owner and occupier of that property, request him to cut down or lop the tree, or to clear and remove undergrowth or vegetation in the manner, and within the period, specified in the notice, and, upon default, the Commission may enter the property concerned and cut down or lop the tree, or clear and remove the undergrowth or vegetation, in the manner specified in the notice.
TELECOMMUNICATIONS ACT 1975 - SECT 18
Commission may replace, repair and maintain installations, &c.SECT
18. (1) The Commission may, at any time, remove, replace, repair or maintain-
(a) any telecommunications installation constructed above, upon or beneath the surface of any land or above or beneath the surface of any waters; or
(b) any line, or other equipment affixed to any building or other structure erected on any land or in any waters, being a line or equipment for use in connexion with a telecommunications service, and for that purpose may enter upon, and occupy, that land or those waters and may remove, or erect a gate in, any fence hindering the exercise of those powers.(2) Before removing, or erecting a gate in, a fence in pursuance of sub-section (1), the Commission shall take all reasonable steps to notify, in writing, the owner and occupier of land on which, or on the boundary of which, the fence is erected.
TELECOMMUNICATIONS ACT 1975 - SECT 19
Subdivider to pay cost of necessary alterationsSECT
19. Where, subsequent to the exercise by the Commission of its powers under section 16 to construct a telecommunications installation on any land or to affix any telecommunications installation to any building or other structure on any land, it becomes necessary, in the opinion of the Commission, by reason of a subdivision of that land, to remove, or alter the position of, any installations, the Commission may enter the land and do work for that purpose and the person who subdivided the land is liable to pay to the Commission the reasonable cost of work done by the Commission for that purpose, and that amount may be recovered as a debt due to the Commission in a court of competent jurisdiction.
TELECOMMUNICATIONS ACT 1975 - SECT 20
Commission to do as little damage as possible and to pay compensationSECT
20. (1) In the exercise of a power conferred upon the Commission under this Act, the Commission, an officer or employee of the Commission, a person acting for or on behalf of the Commission under a contract or the employee of such a person shall cause as little detriment and inconvenience and do as little damage as possible. (2) Where the owner of land is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Part, compensation shall be paid by the Commission.
(3) Where land is entered or occupied in pursuance of this Part, the Commission is liable to pay compensation to the owner or occupier of the land, or both, as the case requires, and the compensation so payable shall include compensation in respect of damage of a temporary character as well as damage of a permanent character.
(4) Nothing in this section shall be construed as excluding or limiting any liability of the Commission apart from this section in respect of a matter in relation to which compensation is not payable under this section.
(5) The amount of compensation payable to a person under this section shall be determined by agreement between the person and the Commission and in the absence of agreement shall be determined by arbitration in accordance with the law of the State or Territory in which the claim arises relating to the settlement of commercial disputes by arbitration.
TELECOMMUNICATIONS ACT 1975 - PART IV
PART IV-CONSTITUTION AND MEETINGS OF THE COMMISSION
TELECOMMUNICATIONS ACT 1975 - SECT 21
Constitution of CommissionSECT
21. (1) The Commission-
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed.
(3) The Commission is not subject to any requirement, obligation, liability, penalty or disability under a law of a State or Territory to which Australia is not subject.
TELECOMMUNICATIONS ACT 1975 - SECT 22
Composition of CommissionSECT
22. (1) The Commission shall consist of 7 Commissioners, namely-
(a) the Managing Director;
(b) 1 Commissioner, who shall be an officer of the Department administered by the Minister administering this Act;
(c) 1 Commissioner to represent officers and employees of the Commission; and
(d) 4 other Commissioners.(2) The Commissioners shall be appointed by the Governor-General, the Managing Director being appointed as a full-time Commissioner and the other Commissioners being appointed as part-time Commissioners.
(3) The Governor-General shall, in appointing a Commissioner referred to in paragraph (1) (c), have regard to any advice with respect to the person to be appointed furnished by the Minister, after he has consulted with representatives of appropriate organizations representing officers and employees.
(4) The performance of the functions and the exercise of the powers of the Commission are not affected by reason of a vacancy or vacancies in the membership of the Commission.
(5) The By-laws may make provision for and in relation to the preservation of such rights as are specified in the By-laws by an officer who is appointed to be the Managing Director and for and in relation to the appointment of such an officer to a position in the Service upon the termination of his appointment under this section otherwise than upon the ground of his misconduct or of his having attained the age for retirement from the Service.
TELECOMMUNICATIONS ACT 1975 - SECT 23
Period of appointmentSECT
23. (1) Subject to sub-section (2), a Commissioner shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) The Commissioner referred to in paragraph 22 (1) (b) holds office during the pleasure of the Governor-General.
(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Managing Director and a person shall not be appointed or re-appointed as the Managing Director for a period that extends beyond the date at which he will attain the age of 65 years.
TELECOMMUNICATIONS ACT 1975 - SECT 24
Remuneration and allowancesSECT
24. (1) A Commissioner other than the Commissioner referred to in paragraph 22 (1) (b) shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations. (2) A Commissioner shall be paid such allowances as are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.
TELECOMMUNICATIONS ACT 1975 - SECT 25
Chairman and Deputy Chairman of CommissionSECT
25. (1) The Governor-General shall appoint a Commissioner to be the Chairman of the Commission and another Commissioner to be the Deputy Chairman of the Commission. (2) The Commissioner appointed to be Chairman or Deputy Chairman holds office as Chairman or Deputy Chairman until the expiration of his term of office as a Commissioner that is current or commences at the time of his appointment, but ceases to be Chairman or Deputy Chairman if he ceases to be a Commissioner or resigns his office of Chairman or Deputy Chairman in accordance with sub-section (3).
(3) The Commissioner appointed to be Chairman or Deputy Chairman may resign his office of Chairman or Deputy Chairman by writing under his hand delivered to the Governor-General, but the resignation does not have effect until it is accepted by the Governor-General.
(4) A person is eligible to be re-appointed as the Chairman or Deputy Chairman.
TELECOMMUNICATIONS ACT 1975 - SECT 26
Leave of absenceSECT
26. The Minister may grant leave of absence to a Commissioner upon such terms and conditions as to remuneration or otherwise as the Minister determines.
TELECOMMUNICATIONS ACT 1975 - SECT 27
Resignation of CommissionerSECT
27. A Commissioner may resign his office by writing under his hand delivered to the Governor-General, but the resignation does not have effect until it is accepted by the Governor-General.
TELECOMMUNICATIONS ACT 1975 - SECT 28
Termination of appointmentsSECT
28. (1) The Governor-General may terminate the appointment of a Commissioner other than the Commissioner referred to in paragraph 22 (1) (b) by reason of the misbehaviour, or the physical or mental incapacity, of the Commissioner. (2) If a Commissioner other than the Commissioner referred to in paragraph 22 (1) (b)-
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) fails to comply with his obligations under sub-section (3);
(c) being the Managing Director-
(i) engages in paid employment outside the duties of his office without
the approval of the Minister; or
(ii) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days, or for 28 days in any 12 months; or
(d) being a part-time Commissioner-is absent, except on leave of absence granted by the Minister, from 3 consecutive meetings of the Commission, the Governor-General shall terminate the appointment of the Commissioner.(3) A Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.
(4) A disclosure under sub-section (3) shall be recorded in the minutes of the meeting of the Commission and the Commissioner shall not-
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.(5) Sub-section (3) does not apply in relation to a matter relating to the provision of a telecommunications service by the Commission for the Commissioner, being a telecommunications service available to members of the public on the same terms and conditions as those on which it is available to the Commissioner.
TELECOMMUNICATIONS ACT 1975 - SECT 29
Acting CommissionersSECT
29. (1) The Minister may appoint a person to act as Managing Director-
(a) during a vacancy in the office of Managing Director; or
(b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.(3) Where a part-time Commissioner is appointed to act as the Managing Director, the office of the part-time Commissioner shall, for the purposes of sub-section (4), be deemed to be vacant.
(4) The Minister may appoint a person to act as a part-time Commissioner-
(a) during a vacancy in the office of such a Commissioner; or
(b) during any period, or during all periods, when such a Commissioner is unable (whether on account of illness or otherwise) to attend meetings of the Commission, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.(5) The Minister shall not appoint a person to be an acting Commissioner in place of a Commissioner referred to in paragraph 22 (1) (b) or (c), or to fill a vacancy in the office of such a Commissioner, unless the person would be eligible to be appointed to the office held or formerly held by that Commissioner.
(5A) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(6) The Minister may-
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.(7) Where a person is acting as Managing Director in accordance with paragraph (1) (b), or as a part-time Commissioner in accordance with paragraph (4) (b), and the office of Managing Director or that part-time Commissioner, as the case may be, becomes vacant while that person is so acting, then, subject to sub-section (5A), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(8) The appointment of a person under this section ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.
(9) While a person is acting as Managing Director or as a part-time Commissioner under this section, he has and may exercise all the powers, and shall perform all the functions, of the Managing Director or that part-time Commissioner, as the case may be.
(10) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
TELECOMMUNICATIONS ACT 1975 - SECT 30
Acting Chairman and Deputy ChairmanSECT
30. (1) Where the Chairman is absent from duty or from Australia or there is a vacancy in the office of Chairman, the Deputy Chairman shall act as the Chairman during the absence or until the filling of the vacancy. (2) Where the Deputy Chairman is, or is expected to be, absent from duty or from Australia or there is, or is expected to be, a vacancy in the office of Deputy Chairman, the Minister may appoint another Commissioner to act as the Deputy Chairman during the period of the absence or until the filling of the vacancy.
(3) If the Deputy Chairman is at any time acting as the Chairman, his office of Deputy Chairman shall, during the period of his so acting, be deemed, for the purposes of sub-section (2), to be vacant.
(4) A reference in sub-section (1) to the Deputy Chairman includes a reference to a Commissioner acting as the Deputy Chairman in pursuance of an appointment under sub-section (2).
TELECOMMUNICATIONS ACT 1975 - SECT 31
Meetings of the CommissionSECT
31. (1) The Chairman shall convene such meetings of the Commission as he considers necessary for the performance of its functions. (2) The Chairman shall, when requested by 4 or more Commissioners to do so, convene a meeting of the Commission.
(3) The Chairman shall preside at all meetings of the Commission at which he is present.
(4) If, at a meeting of the Commission, the Chairman is not present but the Deputy Chairman is present, the Deputy Chairman shall preside at the meeting.
(5) If, at a meeting of the Commission, neither the Chairman nor Deputy Chairman is present, the Commissioners present shall appoint one of their number to preside at the meeting.
(6) A quorum at a meeting of the Commission is 4 Commissioners.
(7) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
(8) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(9) A reference in this section to the Chairman or the Deputy Chairman includes a reference to a person acting as the Chairman or as the Deputy Chairman, as the case may by.
(10) Where a majority of Commissioners sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a duly constituted meeting of the Commission held on the day on which the document was signed, or, if the Commissioners sign the document on different days, on the day on which the document was last signed by a Commissioner.
(11) For the purposes of sub-section (10), 2 or more separate documents containing statements in identical terms each of which is signed by one or more Commissioners shall together be deemed to constitute one document containing a statement in those terms signed by those Commissioners on the respective days on which they signed the separate documents.
TELECOMMUNICATIONS ACT 1975 - SECT 32
Duties of the Managing DirectorSECT
32. (1) The affairs of the Commission, to the extent determined by the Commission, shall be managed by the Managing Director. (2) The Managing Director shall, in managing any of the affairs of the Commission, act in accordance with the policy of, and any directions given by, the Commission.
TELECOMMUNICATIONS ACT 1975 - SECT 33
DelegationSECT
33. (1) The Commission may, by instrument under its seal, delegate to a Commissioner, to the Chief General Manager or to an officer or employee, either generally or otherwise as provided by the instrument of delegation, all or any of its powers under this Act (except this power of delegation). (2) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commission.
TELECOMMUNICATIONS ACT 1975 - PART V
PART V-THE STAFF OF THE COMMISSION
TELECOMMUNICATIONS ACT 1975 - DIVISION 1
Division 1-The Chief General Manager
TELECOMMUNICATIONS ACT 1975 - SECT 34
Chief General ManagerSECT
34. (1) There shall be a Chief General Manager of the Commission, who shall be appointed by the Governor-General. (2) The Chief General Manager shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as Chief General Manager and a person shall not be appointed or re-appointed as Chief General Manager for a period that extends beyond the date at which he will attain the age of 65 years.
(4) The Chief General Manager may resign his office by writing under his hand delivered to the Governor-General but the resignation does not have effect until it is accepted by the Governor-General.
(5) The Governor-General may terminate the appointment of the Chief General Manager by reason of the misbehaviour, or physical or mental incapacity, of the Chief General Manager.
(6) If the Chief General Manager-
(a) engages in paid employment outside the duties of his office without the approval of the Minister;
(b) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days, or for 28 days in any 12 months; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall terminate his appointment.(7) The Minister may grant leave of absence to the Chief General Manager upon such terms and conditions as to remuneration or otherwise as the Minister determines.
(8) The By-laws may make provision for and in relation to the preservation of such rights as are specified in the By-laws by an officer who is appointed to be Chief General Manager and for and in relation to the appointment of such an officer to a position in the Service upon the termination of his appointment under this section otherwise than upon the ground of his misbehaviour or of his having attained the age for retirement from the Service.
TELECOMMUNICATIONS ACT 1975 - SECT 35
Remuneration of Chief General ManagerSECT
35. (1) The Chief General Manager shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations. (2) The Chief General Manager shall be paid such allowances as are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.
TELECOMMUNICATIONS ACT 1975 - SECT 36
Acting Chief General ManagerSECT
36. (1) The Minister may appoint a person to act as Chief General Manager-
(a) during a vacancy in the office of Chief General Manager; or
(b) during any period, or during all periods, when the Chief General Manager-
(i) is acting as Managing Director;
(ii) is absent from duty or from Australia; or
(iii) is, for any other reason, unable to perform the functions of his
office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) The Minister may-
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.(4) Where a person is acting as Chief General Manager in accordance with paragraph (1) (b) and the office of Chief General Manager becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(5) The appointment of a person under sub-section (1) ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.
(6) Sub-section 34 (7) applies in relation to a person appointed under sub-section (1) in like manner as it applies in relation to the Chief General Manager.
(7) While a person is acting as Chief General Manager, he has and may exercise all the powers, and shall perform all the functions, of the Chief General Manager.
(8) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
TELECOMMUNICATIONS ACT 1975 - SECT 37
Duties of Chief General ManagerSECT
37. (1) The Chief General Manager shall perform such duties as the Managing Director directs and, in the event of the absence or inability of the Managing Director and of the person appointed to act as the Managing Director (if any), or of a vacancy in the office of Managing Director, shall perform the duties of the Managing Director otherwise than at meetings of the Commission. (2) For the purposes of sub-section (1), the office of Managing Director shall not be taken to be vacant while a person appointed to act as the Managing Director is performing the duties of the office.
(3) The Chief General Manager shall, in the performance of his duties, act in accordance with the policy of, and any directions given by, the Commission or the Managing Director.
TELECOMMUNICATIONS ACT 1975 - DIVISION 2
Division 2-Establishment of the Australian Telecommunications Commission
Service
TELECOMMUNICATIONS ACT 1975 - SECT 38
Establishment of Australian Telecommunications Commission ServiceSECT
38. (1) For the purpose of enabling the Commission to perform its functions under this Act, there is hereby established an Australian Telecommunications Commission Service. (2) The Service consists of the persons appointed as officers or employed as temporary employees in accordance with this Part and of persons deemed to be appointed as officers under section 16 of the Transitional Provisions Act.
TELECOMMUNICATIONS ACT 1975 - DIVISION 3
Division 3-Officers and Employees
TELECOMMUNICATIONS ACT 1975 - SECT 39
OfficersSECT
39. (1) The Commission may appoint as officers such number of persons as it thinks necessary for the purposes of this Act. (2) A person shall not be appointed as an officer unless-
(a) the Commission is satisfied, after he has undergone a medical examination required by the Commission, as to his health and physical fitness;
(b) he possesses such educational qualifications, or meets such other requirements (if any), as are determined by the Commission; and
(c) the Commission is satisfied that he is a fit and proper person to be an officer.(3) The Commission shall determine-
(a) the manner in which applications for appointment as officers are to be sought; and
(b) the manner of ascertaining the order in which offers of appointment will be made to persons who apply for appointment as officers to specified positions or to positions included in a specified class of positions.(4) The Commission may, from time to time, for the purpose of this section-
(a) hold such examinations as it thinks fit;
(b) determine conditions of entry for any such examination; and
(c) appoint examiners for the purpose of any such examination.(5) Officers shall perform duties as directed by the Commission or the Managing Director.
TELECOMMUNICATIONS ACT 1975 - SECT 40
Appointments to be on probationSECT
40. (1) Unless the Commission, in a particular case, otherwise directs, the appointment of every officer shall be on probation for a period of 6 months commencing on the day on which the officer commences duties in pursuance of his appointment. (2) A person appointed as an officer on probation remains a probationer until his appointment is confirmed or terminated in accordance with this section.
(3) The Commission may, at any time during the period of 6 months, terminate the appointment.
(4) As soon as practicable after the expiration of the period of 6 months, the Commission shall-
(a) confirm the appointment;
(b) terminate the appointment; or
(c) direct that the probationer continue on probation for such further period (not being a period exceeding 6 months) as the Commission determines.(5) Where the Commission directs that a probationer continue on probation for a further period, the Commission may confirm or terminate the appointment of the probationer at any time during that further period and, if it does not confirm or terminate the appointment before the expiration of that period, shall do so as soon as practicable after the expiration of that period.
(6) Where the appointment of a probationer is to be terminated, the Commission shall notify the probationer in writing of the reasons for the termination of the probation.
(7) The regulations shall make provision for and in relation to the review of a decision of the Commission under paragraph (4) (b).
TELECOMMUNICATIONS ACT 1975 - SECT 41
Re-appointment of persons who have resigned from the Service to become
candidates at electionsSECT
41. (1) Where the Commission is satisfied that-
(a) a person who was an officer-
(i) resigned from the Service in order to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or a legislative or advisory body for another Territory prescribed by the regulations;
(ii) was a candidate at the election; and
(iii) failed to be elected; and
(b) the resignation took effect not earlier than 1 month before the date on which nominations for the election closed, the Commission shall, upon application by that person within 2 months after the declaration of the result of the election, re-appoint him to the Service at a classification and salary equivalent to the classification and salary that he had immediately before the date upon which his resignation took effect.(2) A person shall be re-appointed under this section without being required to undergo any medical examination and whether or not he possesses the appropriate educational qualifications or meets the appropriate requirements.
(3) A person shall be re-appointed under this section without probation.
(4) A person re-appointed under this section shall be deemed to have continued in the Service as if he had not resigned but had been on leave of absence without pay during the period from the day on which his resignation became effective to and including the day immediately preceding the day on which he was re-appointed.
(5) The period referred to in sub-section (4) shall, for all purposes, be deemed to form part of the officer's period of service.
TELECOMMUNICATIONS ACT 1975 - SECT 42
EmployeesSECT
42. (1) The Commission may engage persons as temporary employees. (2) Persons engaged as temporary employees shall perform duties as directed by the Commission or the Managing Director.
(3) Where the Commission is satisfied that-
(a) a person who was temporarily employed by the Commission-
(i) resigned from that employment in order to become a candidate for
election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or of a legislative or advisory body for another Territory prescribed by the regulations;
(ii) was a candidate at the election; and
(iii) failed to be elected; and
(b) the resignation took effect not earlier than 1 month before the date on which nominations for the election closed, the Commission shall, upon application by that person within 2 months after the declaration of the result of the election, employ him at a classification and rate of pay equivalent to the classification and rate of pay that he had immediately before the date upon which his resignation took effect.(4) A person employed under sub-section (3) shall be deemed to have continued in temporary employment in the Service as if the period of his employment in pursuance of this section and the unbroken period of his employment immediately prior to the date on which his resignation took effect were a continuous period of temporary employment.
TELECOMMUNICATIONS ACT 1975 - SECT 43
Terms and conditions of employmentSECT
43. (1) Subject to this Part, officers and employees hold office on such respective terms and conditions as the Commission determines. (2) Where, immediately before the commencing date-
(a) an award of the Conciliation and Arbitration Commission;
(b) a determination made by the Public Service Arbitrator;
(c) a determination of the Public Service Board in force under the Public Service Act 1922-1975; or
(d) an agreement to which section 31 of the Conciliation and Arbitration Act 1904-1974 applied, applied to or in relation to the persons, whether officers or employees, who performed the duties of officers included in a class of offices in the Postmaster-General's Department, the Commission shall, in making its first determination of the terms and conditions of employment of the persons, whether officers or employees, performing the duties of positions included in the corresponding class of positions in the Australian Telecommunications Commission Service, determine terms and conditions no less favourable to those last-mentioned persons than the terms and conditions that were applicable to those first-mentioned persons immediately before the commencing date by virtue of that award, determination or agreement.
TELECOMMUNICATIONS ACT 1975 - DIVISION 4
Division 4-Classifications, Appointments and Promotions
TELECOMMUNICATIONS ACT 1975 - SECT 44
Creation and abolition of positions
Penalty: $5,000 or imprisonment for 2 years.
TELECOMMUNICATIONS ACT 1975 - SECT 86
Use of telecommunications services for menaces, &c.SECT
86. A person shall not-
(a) use a telecommunications service for the purpose of menacing or harassing another person;
(b) send over a telecommunications system a false communication or false information knowing it to be false where the communication or information is likely to cause death or injury to a person, substantial loss of, or substantial damage to, property or substantial financial loss to a person; or
(c) without reasonable excuse, send over a telecommunications system a communication or information likely to cause reasonable persons, justifiably in all the circumstances, to be seriously alarmed or seriously affronted.
Penalty: $1,000 or imprisonment for 6 months, or both.
TELECOMMUNICATIONS ACT 1975 - SECT 87
Fraudulent representation and devicesSECT
87. (1) A person shall not, by any false pretence or representation, defraud the Commission of any rental, fee or charge properly payable by such person for the use of a telecommunications service provided by the Commission. (2) A person shall not, by means of an apparatus or device connected to a telecommunications installation belonging to the Commission or used in connexion with a telecommunications system-
(a) defraud the Commission of any rental, fee or charge properly payable for the use of a telecommunications service; or
(b) cause the Commission to provide a telecommunications service to some other person without payment by that other person of the appropriate rental, fee or charge.
Penalty: $10,000 or imprisonment for 5 years.
TELECOMMUNICATIONS ACT 1975 - SECT 88
Interference with telecommunications servicesSECT
88. (1) A person shall not manipulate, tamper with or interfere with any telecommunications installation belonging to the Commission in such a manner as to hinder the normal operation of a telecommunications service provided by the Commission. (2) A person shall not use or operate any apparatus or device, whether or not it is connected to a telecommunications installation belonging to the Commission or used in connexion with a telecommunications system in such a manner as to hinder the normal operation of a telecommunications service provided by the Commission.
Penalty: $5,000 or imprisonment for 2 years.
TELECOMMUNICATIONS ACT 1975 - SECT 89
Obstructing officersSECT
89. (1) A person shall not wilfully assault or obstruct an officer or employee in the execution of his duty.
Penalty: $5,000 or imprisonment for 2 years.(2) A person shall not, while in or upon any premises used in connexion with performance of its functions, behave in a disorderly manner or obstruct or hinder the doing, by or on behalf of the Commission, of any act or thing that the Commission is authorized by this Act to do, including the provision of any service that the Commission is so authorized to provide.
Penalty: $500.(3) An officer or employee who has reasonable grounds for believing that a person is acting in contravention of sub-section (2) may require the person to leave the premises and, if the person refuses or fails to comply with the request, may, with such assistance as he deems necessary, remove the person from that place.
TELECOMMUNICATIONS ACT 1975 - SECT 90
Damage to installations, &c.SECT
90. A person shall not wilfully damage, deface, interfere with, remove or destroy a telecommunications installation or any part thereof belonging to the Commission.
Penalty: $5,000 or imprisonment for 2 years.
TELECOMMUNICATIONS ACT 1975 - SECT 91
Arrest without warrantSECT
91. A person may, without warrant, arrest another person if he has reasonable grounds to believe that that other person has committed an offence against section 90.
TELECOMMUNICATIONS ACT 1975 - SECT 92
Charging for use of telecommunications service provided by CommissionSECT
92. A person for whom the Commission has provided a telecommunications service shall not, except with the authority of the Commission or except as provided in the By-laws, demand or receive any payment or valuable consideration from any other person for the use of that service.
Penalty: $500.
TELECOMMUNICATIONS ACT 1975 - SECT 93
Unauthorised directoriesSECT
93. (1) A person shall not, without the authority of the Commission, print, publish or circulate any list or directory purporting to be a list or directory of subscribers to, or persons provided with, any telecommunications service by the Commission.
Penalty: $500.(2) Every list or directory printed, published or circulated in contravention of this section is forfeited to Australia, and shall, on demand in writing by or on behalf of the Commission, be delivered up to it.
TELECOMMUNICATIONS ACT 1975 - SECT 94
Persons other than the Commission not to construct, maintain or operate
telecommunications installationsSECT
94. (1) Subject to sub-sections (2) and (3), a person other than the Commission-
(a) shall not erect, maintain or operate a telecommunications installation within Australia; or
(b) attach a line, equipment or apparatus to a telecommunications system.
Penalty: $5,000 or imprisonment for 2 years.(2) Sub-section (1) does not apply to the erection, maintenance or operation of telecommunications installations-
(a) by the Australian National Railways Commission or by the railway authority of a State, being installations required for the transmission, by lines located wholly within the boundaries of lands vested in the Australian National Railways Commission or in that authority, of communications the transmission of which is necessary for the working of the railways for which the Australian National Railways Commission or that authority is responsible;
(b) by an authority of a State responsible for operating tramway or omnibus services in the State, being installations required for the transmission, by line, of communications the transmission of which is necessary for the operation of the tramway or omnibus services for which the authority is responsible;
(c) by any person authorized by the Commission to do so under section 13 to the extent and on the terms and conditions subject to which that person is so authorized under that section;
(da) by the Australian Broadcasting Corporation in accordance with the Australian Broadcasting Corporation Act 1983 or by a person doing any act pursuant to section 77 of that Act;
(e) by the Special Broadcasting Service in accordance with the Broadcasting Act 1942 or by a person doing any act in pursuance of sub-section 73 (2) or 74 (1) of that Act;
(f) by the holder of a licence under Part IIIB of the Broadcasting Act 1942 (other than a re-transmission licence under that Act) in accordance with the technical conditions of the licence warrant;
(fa) by the company Aussat Pty Ltd (being the company referred to in sub-paragraph 6 (2) (b) (iv)) or another person under section 15 of the Satellite Communications Act 1984;
(g) by any person, being installations which are capable of use only for the transmission of communications within or upon land or premises of which he is the owner or occupier and which are used solely for his own purposes; or
(h) by the Overseas Telecommunications Commission in relation to Division 3 of Part II of the Overseas Telecommunications Act 1946-1973 in so far as this applies to telecommunications installations and systems owned and operated by the Overseas Telecommunications Commission for communications between Australia and overseas and otherwise not inconsistent with the Overseas Telecommunications Act 1946-1973.(2A) Sub-section (1) does not apply to the erection, maintenance or operation of a telecommunications installation, being a receiver or a radiocommunications transmitter.
(3) Sub-section (1) does not apply to the attachment of a line, equipment or apparatus to a telecommunications system to the extent that the attachment is authorized by the Commission under section 13 and the terms and conditions subject to which it is so authorized are complied with.
(4) The Commission may authorize a person to take possession of, remove or destroy the whole or any part of a telecommunications installation established, maintained or operated in contravention of this section and may enter on premises at any reasonable hour of the day for that purpose.
TELECOMMUNICATIONS ACT 1975 - SECT 94A
Unauthorised alteration or modification of equipment, &c.SECT
94A. A person shall not, without the authority of the Commission-
(a) alter or modify a line, equipment or apparatus that is attached to a telecommunications system in pursuance of an authority granted by the Commission under paragraph 13 (1) (b); or
(b) maintain a telecommunications installation belonging to the Commission.
Penalty: $5,000 or imprisonment for 2 years, or both.
TELECOMMUNICATIONS ACT 1975 - PART VIII
PART VIII-PROTECTION OF PROPERTY OF THE COMMISSION
TELECOMMUNICATIONS ACT 1975 - SECT 95
Compensation for interference or damageSECT
95. (1) Subject to this section, where-
(a) a person does work (whether by himself or by his servants or agents) in circumstances in which the person, servant or agent has reasonable cause to believe that the doing of the work is likely to interfere with or damage property of the Commission; and
(b) in the course of doing that work, the person, a servant of the person acting in the course of his employment with that person or an agent interferes with or damages (whether by negligent act, omission or otherwise) the property referred to in paragraph (a), the person is liable to pay to the Commission compensation for that interference or damage.(2) It is a defence in any proceedings under sub-section (1) for the recovery of compensation if the person proves that-
(a) before commencing the work-
(i) he had given notice in writing to the Commission that he proposed to
do the work; and
(ii) he had given the Commission a reasonable opportunity for an officer
or employee authorized by the Commission to confer with him as to the manner of carrying out the work; and
(b) if the Commission so required, he had permitted an officer or employee authorized by the Commission to be present and to observe the carrying out of the work.(3) This section does not affect the liability under any other provision of this Act or any other law of any person in respect of any interference or damage to which this section relates but the Commission is not entitled to be compensated both under this section and under another provision of this Act or under any law in respect of the same interference or damage.
(4) This section has no application in relation to interference with, or damage to, property of the Commission caused by injurious interference from an electrical line or installation.
TELECOMMUNICATIONS ACT 1975 - SECT 96
Work done by Commission to protect propertySECT
96. (1) Where-
(a) a person does, or proposes to do, work in the vicinity of property of the Commission;
(b) the Commission is of the opinion that, by reason of that work, it is necessary, for reasons of safety, or for the purpose of protecting the property of the Commission or ensuring the efficiency of the telecommunications system, to remove, reconstruct, or otherwise do work in connexion with, the property of the Commission; and
(c) the Commission does that removal, reconstruction or other work, the person is liable to pay to the Commission such amount, not exceeding the cost of the work done by the Commission, as is determined by the Commission, and the amount may be recovered as a debt due to the Commission in a court of competent jurisdiction.(2) Where-
(a) a person proposes to do work in the vicinity of property of the Commission;
(b) the person requests the Commission to remove, reconstruct or do some other work in connexion with the property of the Commission for the purpose of permitting or facilitating the doing of the proposed work by the person; and
(c) the Commission does the removal, reconstruction or other work in accordance with the request, the person is liable to pay to the Commission such amount, not exceeding the cost of the work done by the Commission, as is determined by the Commission, and that amount may be recovered as a debt due to the Commission in a court of competent jurisdiction.(3) The Commission may require a person who makes a request under sub-section (2) to give security for the payment of any amount that the person may become liable to pay under that sub-section.
TELECOMMUNICATIONS ACT 1975 - PART IX
PART IX-MISCELLANEOUS
TELECOMMUNICATIONS ACT 1975 - SECT 97
SuperannuationSECT
97. (1) The Commission is an approved authority for the purposes of the Superannuation Act 1922-1974. (2) For the purposes of sub-sections 4 (3A) and (4) of that Act, the Managing Director, the Chief General Manager and a person appointed as a full-time Chairman of a Promotions Appeal Board shall each be taken to be a person who is required, by the terms of his appointment, to give the whole of his time to the duties of his office.
(3) For the purposes of sections 145 and 146 of that Act, the Managing Director, the Chief General Manager and a person appointed as a full-time Chairman of a Promotions Appeal Board shall each be deemed to be employed by the Commission.
(4) For the purpose of that Act, the termination of the appointment-
(a) of the Managing Director under section 28;
(b) of the Chief General Manager under section 34;
(c) of a full-time Chairman of a Promotions Appeal Board under section 52, by reason of physical or mental incapacity shall be deemed to be retirement on the ground of invalidity.(5) Nothing in this Act authorizes the provision of superannuation benefits for a person appointed or employed under this Act otherwise than under the Superannuation Act 1922-1974.
TELECOMMUNICATIONS ACT 1975 - SECT 98
Service of notices, &c.SECT
98. (1) Subject to sub-section (4), a notice or other document required to be served under this Act may be served personally or by post. (2) Service by post of a notice or other document upon the owner or occupier of land may be effected by sending the notice or other document to the owner or occupier by pre-paid registered post addressed to him at his address last known to the Commission.
(3) Where-
(a) the Commission is unable, after diligent inquiry, to ascertain the identity of the owner of land; or
(b) service on the owner of the land cannot be effected under sub-section (1), service on that owner may be effected by causing a copy of the notice or other document to be published in a newspaper circulating in a district in which the land is situated and-
(c) if the land is occupied-leaving a copy of the notice or other document with the occupier; or
(d) if the land is not occupied-affixing, if practicable, a copy of the notice or other document to a conspicuous part of the land.(4) Where the Commission is unable, after diligent inquiry, to ascertain-
(a) whether land is occupied; or
(b) the identity of a person occupying land, it may treat the land as being unoccupied.(5) Where service of a notice or other document on the occupier of land cannot be effected under sub-section (1), service on the occupier may be effected by causing a copy of the notice or other document to be published in a newspaper circulating in the district in which the land is situated and affixing, if practicable, a copy of the notice or other document to a conspicuous part of the land.
TELECOMMUNICATIONS ACT 1975 - SECT 99
Annual reportSECT
99. (1) The Commission shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of its operations during the financial year ending on that date, together with a Balance Sheet and other financial statements in respect of that year in such form as the Minister for Finance approves. (2) Before furnishing financial statements to the Minister, the Commission shall submit them to the Auditor-General, who shall report to the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of the affairs of the Commission;
(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.(3) The Minister shall cause the report and the financial statements together with the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
(4) The first report and financial statements to be prepared by the Commission under this section shall relate to the period commencing on the commencing date and ending on 30 June 1976.
TELECOMMUNICATIONS ACT 1975 - SECT 100
Further reportsSECT
100. (1) The Commission shall, upon request by the Minister, furnish to the Minister such reports, documents and information concerning its operations as the Minister specifies. (2) The Commission shall, at all times, keep the Minister informed concerning the operations of the Commission.
TELECOMMUNICATIONS ACT 1975 - SECT 101
Protection from actionsSECT
101. Proceedings do not lie against the Commission, an officer or employee of the Commission, a person acting for or on behalf of the Commission under a contract with the Commission or an employee of such a person in respect of any loss or damage suffered by a person-
(a) by reason of any default, delay, error, omission or loss, whether negligent or otherwise, in the transmission or delivery of a telecommunications message by the Commission; or
(b) by reason of any default, delay, error or omission, whether negligent or otherwise, in respect of the provision, maintenance or operation of a telecommunications service.
TELECOMMUNICATIONS ACT 1975 - SECT 102
Prosecution of indictable offencesSECT
102. (1) An offence against this Act that, apart from this section, is punishable by imprisonment for a period exceeding 6 months is an indictable offence. (2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent.
(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence referred to in sub-section (1), the court shall not impose a penalty exceeding a fine of $1,000 or imprisonment for a period exceeding 6 months in respect of the offence.
TELECOMMUNICATIONS ACT 1975 - SECT 103
Reward for information as to damage to propertySECT
103. Where the Commission learns, as a result of information furnished to the Commission by a person, the identity of a person who has wilfully damaged, defaced, interfered with, removed or destroyed property belonging to, or under the control of, the Commission, the Commission may pay to that first-mentioned person, by way of reward, a sum determined by the Commission but not exceeding $100 or such higher amount as may be prescribed by the regulations.
TELECOMMUNICATIONS ACT 1975 - SECT 103A
Ownership of telecommunications installationSECT
103A. Unless the circumstances indicate otherwise, any telecommunications installation, or part of a telecommunications installation, that is erected or supplied by the Commission remains the property of the Commission, whether or not the installation or any part of the installation has become a fixture.
TELECOMMUNICATIONS ACT 1975 - SECT 104
Attachment of salariesSECT
104. (1) Where judgment has been given by a court against an officer or employee for the payment of a sum of money, the person in whose favour the judgment is given may serve on the Commission a copy of the judgment, certified under the hand of the registrar or other proper officer of the court, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor and setting out the amount due under the judgment by the judgment debtor. (2) Upon the service on it of a judgment and a statutory declaration in accordance with this section, the Commission shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy of the judgment and the statutory declaration and require him to state in writing, within the time specified in the notice, whether the judgment has been satisfied and, if it has been satisfied, to furnish evidence showing that it has been satisfied or, if the judgment has not been satisfied, to state the amount then due under the judgment.
(3) If the judgment debtor fails to satisfy the Commission, within the time specified in the notice given under sub-section (2), that the judgment has been satisfied, the Commission may, from time to time, subject to sub-section (4), deduct from any moneys due to the judgment debtor such sums as appear to the Commission to be necessary to enable the judgment to be satisfied, or may direct the deduction therefrom of such sums.
(3A) There is payable to the Commission, by a judgment creditor who causes a copy of a judgment to be served on the Commission under this section, an administration fee, at the prescribed rate, in respect of the making of such deduction as is, or such deductions as are, made under this section in relation to the judgment debt.
(3B) Where an amount is deducted in respect of a judgment debt under sub-section (3), the Commission shall, subject to sub-section (3C), cause the amount so deducted to be paid to the judgment creditor.
(3C) Where an amount is deducted in respect of a judgment debt under sub-section (3) and the whole or part of the administration fee payable in relation to the debt has not been paid, the Commission shall-
(a) apply, in or towards payment of that fee, the amount of the deduction or so much of the amount of the deduction as is equal to the amount payable by way of, or in respect of, that fee; and
(b) if the whole of the amount of the deduction is not applied in accordance with paragraph (a)-pay an amount equal to the balance to the judgment creditor.(3D) Upon the application, in or towards payment of the administration fee payable in relation to that judgment debt, of an amount deducted in respect of a judgment debt under sub-section (3)-
(a) the judgment creditor shall be deemed to have paid the amount so applied to the Commission in satisfaction, or partial satisfaction, as the case requires, of the administration fee;
(b) an amount equal to the amount so applied shall be deemed to have been paid by the Commission to the judgment debtor on account of moneys due to the judgment debtor; and
(c) an amount equal to the amount so applied shall also be deemed to have been paid by the judgment debtor to the judgment creditor in respect of the judgment debt.(3E) Upon payment being made, in relation to a deduction from moneys due to a judgment debtor, of an amount to a judgment creditor under sub-section (3B) or (3C)-
(a) an amount equal to the amount so paid shall be deemed to have been paid by the Commission to the judgment debtor on account of moneys due to the judgment debtor; and
(b) an amount equal to the amount so paid shall also be deemed to have been paid by the judgment debtor to the judgment creditor in respect of the judgment debt.(4) The Commission shall not, at any time, make a deduction, or direct a deduction, that would reduce the amount to be received by the judgment debtor to less than one-third of the amount that would, but for the provisions of this section, be payable to the judgment debtor.
(5) Where more than one judgment and statutory declaration are served on the Commission in respect of a particular judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Commission.
(8) If a payment deemed to have been made to a judgment creditor under paragraph (3D) (c) or (3E) (b) by a judgment debtor exceeds the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, is recoverable by the judgment debtor from the judgment creditor as a debt in a court of competent jurisdiction.
(8A) Where an amount is deemed to have been paid by a judgment debtor to a judgment creditor in respect of a judgment debt under paragraph (3D) (c) in relation to a deduction made from moneys due to the judgment debtor and an amount is also deemed to have been paid by the judgment debtor to the judgment creditor in respect of the judgment debt under paragraph (3E) (b) in relation to that deduction, then, for the purposes of sub-section (8), the second-mentioned payment shall be deemed to have been made after the first-mentioned payment.
(9) Where the Commission is satisfied that the estate of an officer or employee has been sequestrated, either voluntarily or compulsorily, for the benefit of his creditors and that he has not been discharged from bankruptcy, this section does not apply in relation to the officer or employee.
TELECOMMUNICATIONS ACT 1975 - SECT 105
Telecommunications messages deemed to be property of the CommissionSECT
105. For the purpose of any legal proceedings with respect to, and for the purpose of any prosecution for an offence with respect to, a telecommunications message, that message shall be deemed to be the property of the Commission from the time it is received by the Commission until it is delivered to the person for whom it is intended.
TELECOMMUNICATIONS ACT 1975 - SECT 106
Contributions towards the provision of special services or facilitiesSECT
106. (1) Where a person (including Australia, a State and an authority of Australia or a State) applies to the Commission for the provision of a telecommunications service of a special kind or in special circumstances, or for the provision of a special facility, the Commission may enter into an agreement with the person with respect to the provision of the service or facility under which the person agrees-
(a) to make a contribution towards the cost of providing and maintaining the service or facility;
(b) to render other assistance to the Commission for the purpose of facilitating the provision of the service or facility; or
(c) to indemnify the Commission against any loss the Commission may suffer by reason of the provision of the service or facility.(2) An agreement referred to in sub-section (1) may provide for the person to advance to the Commission an amount on account of the cost of providing the service or facility upon such terms and conditions as to the repayment of the whole or a part of the advance as specified in the agreement.
TELECOMMUNICATIONS ACT 1975 - SECT 107
Payment of tolls, &c.SECT
107. (1) Where-
(a) the Commission enters, either with or without a vehicle or horse, onto premises, being a pier, wharf, quay, landing place, bridge, ferry or part of a road, or uses premises, being a pier, wharf, quay or landing place, in connexion with the performance of its functions; and
(b) a toll, fee or charge would, but for this section, be payable in respect of the entry onto the premises or the use of the premises, as the case may be, the toll, fee or charge is not payable by the Commission or any other person in respect of the entry onto the premises, or the use of the premises, but the Commission is liable to pay to the owner or occupier of the premises in respect of all entries by the Commission onto the premises, or in respect of all uses of the premises, during a period of 12 months, or such shorter period as is agreed upon between the Commission and the owner or occupier, such sum as is agreed upon by the Commission and the owner or occupier or, in the absence of agreement, as is determined by arbitration in accordance with the provisions of an Act of a State or an Ordinance of a Territory in which the premises are situated relating to the settlement of commercial disputes by arbitration.(2) This section does not apply to a toll, fee or charge that amounts to taxation.
(3) In this section-
(a) a reference to entry by the Commission onto premises in connexion with the performance of its functions includes a reference to the entry onto premises-
(i) of an officer or employee in the course of performing his duties; and
(ii) of a person engaged on behalf of the Commission in the delivery of
telecommunications messages or for purposes connected with the delivery of telecommunications messages;
(b) a reference to the use of premises by the Commission in connexion with the performance of its functions includes a reference to the use of premises by a person acting on behalf of the Commission in connexion with the performance of its functions; and
(c) a reference to the owner or occupier of premises, being a part of a road, is a reference to the person entitled to be paid a toll, fee or charge for entry onto that part of the road.
TELECOMMUNICATIONS ACT 1975 - SECT 108
Grants of financial assistanceSECT
108. The Commission may, upon such conditions as it thinks fit-
(a) grant financial and other assistance to a society, institution or other body for the purpose of assisting that body to provide educational, social, sporting or recreational facilities for officers or employees;
(b) provide scholarships, fellowships or endowments for officers and employees and for other persons engaged in research in relation to telecommunications services; and
(c) provide financial assistance to societies, institutions and bodies engaged in research in relation to telecommunications services or in the collection and dissemination of information with respect to any such research.
TELECOMMUNICATIONS ACT 1975 - SECT 109
Consultative CouncilSECT
109. (1) There is hereby established a Consultative Council comprising representatives of the Commission and of organizations of officers and employees. (2) The By-laws shall determine the manner in which the Council is to be constituted, the functions of the Council and the manner in which the Council is to carry out its functions.
TELECOMMUNICATIONS ACT 1975 - SECT 110
Remission of chargesSECT
110. The Commission may, in a particular case for special reasons, or in cases included in a particular class of cases for special reasons, remit or reduce a charge that would otherwise be payable under this Act.
TELECOMMUNICATIONS ACT 1975 - SECT 111
By-lawsSECT
111. (1) The Commission may make By-laws, not inconsistent with this Act and the regulations, prescribing all matters which are required or permitted to be prescribed by the By-laws, and making provision for, or with respect to-
(a) the establishment, maintenance, operation and provision of telecommunications services and facilities;
(b) the terms and conditions governing the provision to or use by any person of telecommunications services or facilities;
(c) the terms and conditions governing the use by a person of a telecommunications service or facility provided in part by the Commission and in part by that person;
(d) the protection of the telecommunications network, services or facilities from injurious interference from an electric line or installation or by reason of the operation of electrical apparatus, machinery or equipment;
(e) the publication of telecommunications directories;
(f) the receipt, transmission and delivery of inland telegrams;
(g) the terms and conditions of employment of officers and employees; and
(h) penalties by way of a fine not exceeding $1,000, or imprisonment not exceeding 6 months, or both, for a breach of a By-law.(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to By-laws as if references in those sections to regulations were references to By-laws.
(3) By-laws shall not be deemed to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C) (inclusive) of that Act apply in relation to By-laws in like manner as they apply in relation to statutory rules.
(4) For the purposes of the application of sub-section 5 (3B) of the Statutory Rules Publication Act 1903 in accordance with sub-section (3) of this section, the reference in that first-mentioned sub-section to the Minister for Sport, Recreation and Tourism shall be construed as a reference to the Minister administering this Act.
TELECOMMUNICATIONS ACT 1975 - SECT 112
RegulationsSECT
112. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed by the regulations, or which are necessary or convenient to be prescribed by the regulations for carrying out or giving effect to this Act, and making provision for, or with respect to-
(a) the application of Division 6 of Part V to and in relation to an employee who-
(i) has been in continuous employ of the Commission for a period of not
less than one year; or
(ii) has been engaged by the Commission to serve for a period of not less
than one year,
including provisions modifying and adapting the provisions of that Division
in relation to such an employee;
(c) the payment of the costs in proceedings before a Disciplinary Appeal Board, and the assessment of those costs;
(e) penalties by way of a fine not exceeding $1,000 or imprisonment not exceeding 6 months, or both, for offences against the regulations.
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