Telecommunications Act 1991

Legislation au C2004A04173 Not in force Act

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Telecommunications Act 1991

Act No. 98 of 1991 as amended

Consolidated as in force on

(includes amendments up to Act No. 59 of 97)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Incorporating all amendments by legislation made to 3 May 1997

Contents

Part 1—Preliminary 1

1 Short title [see Note 1]...........................1

2 Commencement [see Note 1]........................1

3 General objects of Act............................1

Part 2—Interpretation 3

Division 1—General 3

4 Effect of this Part..............................3

5 Definitions..................................3

Division 2—Boundaries of telecommunications networks 12

6 End facilities................................12

7 Boundary of a reserved line link.....................12

8 Facilities beyond the boundaries of a reserved line link........13

9 Facilities within the boundaries of a telecommunications network comprising a reserved line link              13

10 Other boundaries of a telecommunications network..........14

11 Regulations may determine network boundaries............14

Division 3—Distinct places 15

12 Basic rules..................................15

13 Properties..................................15

14 Combined areas...............................16

15 Principal user of a property........................17

16 Eligible combined areas..........................17

Division 4—Interpreting other expressions 18

17 Equipment etc. connected to network..................18

18 Eligible services..............................18

19 What constitutes supply of an eligible service under a class licence19

20 Meaning of customer equipment of same type.............19

21 Inclusion of a service in a BCS tariff..................19

22 Line links..................................19

23 Facilities ancillary to a line link.....................20

24 Reserved line links.............................20

25 Public mobile telecommunications service...............20

26 Public access cordless telecommunications services.........21

27 Different kinds of telecommunications services............22

28 When a carrier is in a position to dominate a market.........23

Part 3—Application of Act 24

29 Extraterritorial operation.........................24

30 Extension to external Territories.....................24

31 Extension to adjacent areas........................24

32 Act binds the Crown............................24

33 Act subject to Radiocommunications Act................24

Part 4—Establishment, Functions and Powers of Austel 26

34 AUSTEL...................................26

35 AUSTEL is body corporate etc......................26

36 General functions—overall responsibilities of AUSTEL.......26

37 General functions—promotion of competition.............26

38 General functions—protection of public interest and consumers..27

39 General functions—numbering......................28

40 General functions—reports to Minister on competitive safeguards and carrier performance              28

41 General functions—licensing.......................29

42 General functions—technical regulation and setting of technical standards              29

43 General functions—administering universal service levy arrangements29

44 Other functions...............................30

45 General powers...............................30

46 Power to give directions to carriers...................30

47 AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences              30

48 General governmental obligations of AUSTEL............32

49 Minister may notify AUSTEL of policies of Commonwealth Government              32

50 Minister may give directions to AUSTEL...............32

51 AUSTEL not otherwise subject to government direction.......33

52 Consultation.................................33

53 Advisory committees

Overview

The Telecommunications Act 1991 was enacted to address the need for a regulatory framework governing the telecommunications industry in Australia. This Act was introduced by the Parliament of Australia with the primary objective of establishing the Australian Telecommunications Authority (AUSTEL) to oversee the industry. The Act aimed to ensure the efficient and economic supply of the standard telephone service, maximise the efficiency of carriers, and enable the Australian telecommunications industry to participate effectively in both domestic and international markets. It also sought to establish a regulatory environment promoting competition and fair market conduct, as well as ensuring that all Australians have reasonable access to telecommunications services. The Act provides for the licensing of telecommunications carriers, sets out their obligations, and establishes mechanisms for the protection of consumers and the promotion of competition within the telecommunications sector.

Scope and Application

The Telecommunications Act 1991 applies to the telecommunications industry in Australia, encompassing both Commonwealth and State jurisdictions. The Act binds the Crown and extends its application to external territories and adjacent areas in relation to activities concerning the exploration and exploitation of Australia's continental shelf resources. It is subject to the Radiocommunications Act 1992 and applies extraterritorially in certain circumstances. The Act governs the establishment, functions, and powers of the Australian Telecommunications Authority (AUSTEL), which includes responsibilities for economic and technical regulation, licensing, and ensuring fair competition and consumer protection in the telecommunications sector. AUSTEL's functions extend to the management of the national numbering plan, the imposition and collection of a Universal Service Levy, and the enforcement of regulations through the Federal Court. The Act also outlines the licensing regime for telecommunications carriers, detailing application processes, licence conditions, and the ability for AUSTEL to modify these conditions. Additionally, it mandates that carriers provide certain services under specific terms and conditions, such as maintaining a standard telephone service and offering untimed call charges, and establishes provisions for customer service guarantees, accounting and charging procedures, and the protection of communications. The Act allows for exemptions and exclusions, such as certain activities by defence and broadcasting authorities, and includes provisions for arbitration and dispute resolution. It further details the immunities and powers of carriers, including their ability to enter into agreements with international operators and the enforcement of reserved rights regarding line links and public payphones. The Act sets out the procedures for AUSTEL to review and report on competitive safeguards and carrier performance, and mandates the collection, assessment, and distribution of the Universal Service Levy. The Act also provides for the protection of customer information and communications, and outlines the process for AUSTEL to investigate complaints and breaches of licence conditions, with specified penalties and enforcement mechanisms.

Key Provisions

  • The Telecommunications Act 1991, as consolidated, establishes the framework for the regulation of telecommunications in Australia. Key provisions include the establishment and functions of the Australian Telecommunications Authority (AUSTEL), licensing requirements for carriers, and provisions related to technical standards, numbering, and universal service obligations. AUSTEL is tasked with economic and technical regulation of the telecommunications industry, promoting competition, protecting consumers, and administering the universal service levy. Carriers must obtain general telecommunications licences or public mobile licences, subject to various conditions and obligations such as compliance with technical standards, interconnection rights, and customer service guarantees. The Act also outlines offences and penalties for non-compliance, including pecuniary penalties and civil actions for recovery of damages. AUSTEL and the Minister have powers to investigate and enforce compliance with the Act, including the ability to direct carriers to remedy breaches and apply for injunctions in the Federal Court. Additionally, the Act includes provisions for the protection of communications and privacy, such as restrictions on the disclosure of communication contents by carriers and their employees.

Legal classification tags

Area of Law
Telecommunications Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations
Prohibited Conduct
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.