Telecommunications Act 1991 (Cth)
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
This Act may be cited as the
Telecommunications Act 1991 .
(1) Subject to this section, this Act commences on 1 July 1991.
(2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(3) Sections 116 and 120 commence on a day to be fixed by Proclamation.
(4) If sections 116 and 120 do not commence under subsection (3) of this section before 1 January 1992, they commence on that day.
The objects of this Act include:
(a) ensuring that the standard telephone service:
(i) is supplied as efficiently and economically as practicable; and
(ii) is, in view of the social importance of the service, reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
(iii) is supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community; and
(b) maximising the efficiency of the carriers, as the primary providers of Australia’s telecommunications networks and the primary suppliers of Australia’s telecommunications services; and
(c) enabling the carriers to meet their commercial obligations and their obligations under this Act and other laws of the Commonwealth; and
(d) ensuring that the carriers achieve the highest possible levels of accountability and responsiveness to customer and community needs; and
(e) achieving optimal rates of expansion and modernisation for Australia’s telecommunications infrastructure and networks; and
(f) promoting the introduction of new and diverse telecommunications services; and
(g) enabling all sectors of the Australian telecommunications industry to participate effectively in Australian and overseas telecommunications markets on a commercial basis and making Australia more attractive as an international telecommunications centre; and
(h) promoting the development of other sectors of the Australian economy through the commercial supply of a full range of modern telecommunications services at the lowest possible prices; and
(i) creating a regulatory environment for the supply of telecommunications services which promotes competition and fair and efficient market conduct; and
(j) promoting the development of Australia’s telecommunications capabilities, industries and skills, for use in Australia and overseas; and
(k) promoting research and development within Australia in relation to new and diverse telecommunications facilities and services for use in Australia and overseas; and
(l) ensuring that all parts of the community benefit from lower prices for telecommunications facilities and services and from the future development of telecommunications networks.
The provisions of this Part have effect for the purposes of this Act, except so far as the contrary intention appears in this Act.
Unless the contrary intention appears:
access agreement means an agreement made between 2 or more carriers for the purposes of:
(a) subsection 137(2) or (3); or
(b) one or more supplementary access conditions of one or more general telecommunications licences or public mobile licences;
and has the additional meaning for which section 156 provides.
accredited test house means a test house in relation to which there is in operation an accreditation granted under regulations made because of section 266.
adjacent area , in relation to a State or Territory, has the same meaning as in thePetroleum (Submerged Lands) Act 1967 .
allocation , in relation to a number in respect of telecommunications services to be provided across a public telecommunications network, includes reservation for the future use of that number.
appointing authority means:
(a) in relation to a member appointed under section 368—the Governor-General; and
(b) in relation to an associate member appointed under section 369—the Minister.
appropriate fee , in relation to an application, means the fee for the application that is payable under theTelecommunications (Application Fees) Act 1991 .
AUSTEL means the Australian Telecommunications Authority.
Australia includes the external Territories (if any) to which this Act extends.
basic carriage service has the meaning given by section 174.
BCS tariff , in relation to a carrier, means:
(a) a tariff given to AUSTEL by the carrier under section 190 and in force for the time being, whether or not it has been varied under section 192; or
(b) a tariff that purports to be such a tariff but does not comply with section 190;
but does not include:
(c) a tariff that contravenes subsection 190(4); or
(d) a document that AUSTEL has disallowed under section 191; or
(e) a document that constitutes a tariff of a kind referred to in paragraph (a) or (b) of this definition, or a part of such a document, being a document or part of a document that AUSTEL has disallowed under section 238A, except to the extent that its operation is continued under subsection 238A(11).
boundary , in relation to a telecommunications network, has a meaning affected by Division 2.
business day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the place concerned.
cabling licence means a licence issued under Division 7 of Part 12 to perform cabling work.
cabling work means:
(a) the installation of customer cabling for connection to a telecommunications network operated by a carrier; or
(b) the connection of customer cabling to a telecommunications network operated by a carrier; or
(c) the maintenance of customer cabling connected to a telecommunications network operated by a carrier.
carrier means a general carrier or a mobile carrier.
carry includes transmit, switch and receive.
Chairperson means the Chairperson of AUSTEL.
charge includes:
(a) any charge or fee (whether payable periodically, in instalments or otherwise); and
(b) a nil charge or nil fee; and
(c) in relation to a telecommunications service, includes:
(i) any charge or fee (including of a kind referred to in paragraph (a) or (b)) for or in relation to a facility used, or intended for use, in relation to the supply of the service; and
(ii) any other charge or fee (including of a kind referred to in paragraph (a) or (b)) for or in relation to the supply of the service.
class licence means a class licence issued under Subdivision A of Division 3 of Part 10.
communication includes any communication:
(a) whether between persons and persons, things and things or persons and things; and
(b) whether:
(i) in the form of:
(A) speech, music or other sounds; or
(B) data; or
(C) text; or
(D) visual images, whether or not animated; or
(E) signals; or
(ii) in any other form or in any combination of forms.
condition , in relation to a general telecommunications licence or a public mobile licence, means a condition or restriction to which the licence is subject, or will be subject, as the case requires.
convention means a convention to which Australia is a party or an agreement or arrangement between Australia and a foreign country, and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.
customer cabling means a line that:
(a) is, or is intended to be, connected to a telecommunications network operated by a carrier; and
(b) is used, or intended for use, beyond the boundaries of any such telecommunications network.
customer equipment means equipment that is, or is intended to be, connected to a telecommunications network operated by a carrier, other than equipment that is used, or intended for use, within the boundaries of such a network.
device has the same meaning as in theRadiocommunications Act 1992 .
distinct places has the meaning given by Division 3.
dominate has a meaning affected by section 28.
earth-based facility means a facility other than a satellite-based facility.
eligible corporation means a body corporate that is, for the purposes of paragraph 51(20) of the Constitution, a trading corporation, or a financial corporation, formed within the limits of the Commonwealth.
eligible international service means an eligible service that is also an international service.
eligible service has the meaning given by section 18.
eligible Territory means an internal Territory, or an external Territory to which this Act extends.
emergency service number has the meaning given by section 242C.
equipment means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, but does not include a line.
exempt activity means an activity, or conduct, engaged in in the course of, for the purposes of, or otherwise in connection with:
(a) installing, maintaining or operating a telecommunications network; or
(b) without limiting paragraph (a), supplying, installing, maintaining or operating a facility.
facility :
(a) in the case of a reference to a facility ancillary to a line link—has the meaning given by section 23; or
(b) otherwise—means:
(i) any part of the infrastructure of a telecommunications network; or
(ii) any line, equipment, tower, mast, antenna, tunnel, hole, pit, pole or other structure or thing used, or intended for use, in or in connection with a telecommunications network; or
(iii) without limiting subparagraph (i) or (ii), a facility ancillary to a line link (as defined by section 23).
Federal Court means the Federal Court of Australia.
Fund means the Universal Service Fund established by section 322.
general carrier means the holder of a general telecommunications licence in force under Part 5.
higher level service means a telecommunications service that is not a basic carriage service.
included , in relation to a BCS tariff, has the meaning given by section 21.
install includes alter, move, remove and replace.
interference has the same meaning as in theRadiocommunications Act 1992.
international service means a telecommunications service between a place within Australia and a place outside Australia.
international telecommunications operator means a person (other than a carrier) who operates a telecommunications network outside Australia for or in relation to the supply of international services, or who supplies such services.
law , in relation to a State or Territory, does not include the common law of the State or Territory.
levy means levy imposed by theTelecommunications (Universal Service Levy) Act 1991 and assessed under Division 3 of Part 13 of this Act.
licence , in Parts 5, 6, 7, 8 and 16, means a general telecommunications licence, or a public mobile licence, in force under Part 5.
licensee , in Part 12, means a natural person who is the holder of a cabling licence.
line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or intended for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.
line link has the meaning given by section 22.
maintain includes adjust and repair.
market has the same meaning as in theTrade Practices Act 1974 .
member means a member of AUSTEL and:
(a) in Division 5 of Part 8, includes:
(i) an associate member directed to perform the duties of a member generally; and
(ii) an associate member directed to perform the duties of a member in relation to specified matters that are related to the subject of the arbitration concerned; and
(b) in Part 17 (other than sections 367, 368, 372, 374 and 375), includes an associate member; and
(c) in section 375, includes:
(i) an associate member directed to perform the duties of a member generally; and
(ii) an associate member directed to perform the duties of a member in relation to specified matters that are related to the question to be decided.
mobile carrier means the holder of a public mobile licence in force under Part 5.
modifications includes variations, additions, omissions and substitutions.
national numbering plan means the plan prepared under section 239.
net cost area , in relation to a financial year, means an area declared under section 294 to be a net cost area for that financial year.
network matter means a matter relating to:
(a) the operation of telecommunications networks; or
(b) the operation of facilities connected to, and within the boundaries of, telecommunications networks; or
(c) the supply of telecommunications services by means of telecommunications networks.
Ombudsman means the Commonwealth Ombudsman.
participating carrier has the meaning given by section 289.
payphone means a fixed telephone that:
(a) is connected to a telecommunications network operated by a general carrier; and
(b) when in normal working order, cannot be used to make a telephone call (other than a free call or a call made with operator assistance) unless, as payment for the call, or to enable payment for the call to be collected:
(i) money, or a token, card or other object, has been put into a device that forms part of, is attached to, or is located near, the telephone; or
(ii) an identification number, or a code or other information (in numerical or any other form), has been input into a device that forms part of, is attached to, or is located near, the telephone; or
(iii) a prescribed act has been done.
permit means a permit issued under Division 6 of Part 12 for connection of customer equipment to a telecommunications network.
prescribed carrier obligation , in relation to a carrier, means a condition:
(a) to which a general telecommunications licence or public mobile licence held by the carrier is subject; and
(b) in relation to which a declaration under subsection 71(1) is in force, or for which section 72 or 292 provides.
prescribed external Territory means an external Territory to which this Act extends and that is prescribed for the purposes of this definition.
public access cordless telecommunications service has the meaning given by section 26.
public mobile telecommunications service has the meaning given by section 25.
public payphone means a payphone located in a public place.
public place means a place to which the public usually has access, or usually has access except during particular hours of the day or particular days of the week, but does not include:
(a) a place to which a person (other than a government, a public authority or an officer or employee of a government or of a public authority) is entitled to deny the public entry; or
(b) a vehicle, vessel, aircraft or other means of transport.
public telecommunications network , in Division 2 of Part 11, means a telecommunications network operated by a carrier.
radcom facility means a facility used for or in relation to carrying communications by means of radiocommunication.
radiocommunication has the same meaning as in theRadiocommunications Act 1992 .
radiocommunications transmitter has the same meaning as in theRadiocommunications Act 1992 .
receiver means a radiocommunications receiver within the meaning of theRadiocommunications Act 1992 .
reserved line link has the meaning given by section 24.
satellite-based facility means a facility in a satellite.
service area means:
(a) any geographical area within Australia; or
(b) any area of land; or
(c) any premises or part of premises;
regardless of size, and whether or not constituting a property as defined by section 13 or a combined area as defined by section 14.
standard telephone service means:
(a) unless paragraph (b) applies—a public switched telephone service that:
(i) is supplied by a carrier; and
(ii) is supplied by means of a telephone handset that does not have switching functions; or
(b) if the regulations prescribe a telecommunications service, or telecommunications services, for the purposes of this definition—that telecommunications service or any of those telecommunications services.
supplementary access condition :
(a) in relation to a general telecommunications licence or a public mobile licence—has the meaning given by subsection 138(1); and
(b) in relation to a carrier—means a supplementary access condition (as defined by subsection 138(1)) of a general telecommunications licence or public mobile licence held by the carrier.
Telecom means:
(a) the Australian Telecommunications Corporation; and
(b) any successor in law to the Australian Telecommunications Corporation under paragraph 11(c) of the
Telstra Corporation Act 1991 .
Telecommunications Industry Ombudsman means the Telecommunications Industry Ombudsman appointed under an Ombudsman scheme entered into by the carriers in accordance with the conditions of their licences.
telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both.
telecommunications service means a service for carrying communications by means of guided or unguided electromagnetic energy or both.
terms and conditions , in relation to supplying telecommunications services, includes:
(a) discounts, allowances, rebates or credits given or allowed in relation to supplying the services; and
(b) the supply of goods, or of other services, in respect of the telecommunications services; and
(c) the making of payments for goods, or for other services, supplied in respect of the telecommunications services.
universal service carrier has the meaning given by section 291.
universal service obligation has the meaning given by section 288.
(1) An end facility is:
(a) a main distribution frame; or
(b) a telephone socket.
(2) An end facility is on a line link if, and only if, the end facility is connected to a line that is, or forms part of, the line link.
(1) An end facility on a reserved line link is a boundary of the reserved line link if, and only if:
(a) the end facility is on a property; and
(b) there is a line that is connected to the end facility and that, if it were removed from the end facility:
(i) would not itself be a line link of a kind referred to in subsection 24(1); and
(ii) would form part of no such line link; and
(c) in the case of a telephone socket—there is no other end facility on the property that precedes that telephone socket.
(2) An end facility that is on a reserved line link and on a property precedes another end facility that is on that line link and on that property if, and only if:
(a) there is a direct line link that connects the 2 end facilities; and
(b) that direct line link, if removed from the first-mentioned end facility:
(i) would not itself be a line link of a kind referred to in subsection 24(1); and
(ii) would form part of no line link of a kind so referred to.
(3) A line link is a direct line link that connects 2 end facilities that are on the same property if, and only if:
(a) there is connected to each of those end facilities a line that is, or forms part of, the line link; and
(b) no line that is, or forms part of, the line link is connected to any other end facility that is on the property.
(4) In this section:
property means:
(a) a property as defined by section 13; or
(b) a combined area, as defined by section 14, that is an eligible combined area for the purposes of paragraph 12(3)(b).
(1) A line is beyond the boundaries of a reserved line link if, and only if:
(a) the line is connected, within the meaning of subsection 22(2), to no line that is, or forms part of, the line link; or
(b) the line is connected to an end facility that is a boundary of the line link and, if the line were removed from that facility:
(i) the line would not itself be a line link of a kind referred to in subsection 24(1); and
(ii) the line would form part of no line link of a kind so referred to.
(2)
Subject to subsection (3), a facility (other than a line) is beyond the boundaries of a reserved line link if, and only if:
(a) the facility is connected to no line that is, or forms part of, the line link, and to no facility (other than a line) to which such a line is connected; or
(b) the first-mentioned facility:
(i) is connected to an end facility that is a boundary of the line link; and
(ii) is not otherwise connected as mentioned in paragraph (a).
(3) An end facility that is a boundary of a reserved line link is taken to be within, and not beyond, the boundaries of that reserved line link.
A facility that is not beyond the boundaries of a reserved line link is within the boundaries of a telecommunications network:
(a) that is constituted by the line link; or
(b) of which the line link forms part.
(1) Where a telecommunications network is used, or intended to be used, to supply telecommunications services to a person, this section applies unless customer equipment used for or in relation to the supply of the services to the person is connected to an end facility:
(a) that is on a line link; and
(b) that is a boundary, or is beyond the boundaries, of a reserved line link that is constituted by, or forms part of, the line link referred to in paragraph (a).
(2) The boundary of the network is the outside of the fixed facility nearest to the person that is used, or intended to be used, to supply the services, that is, the side of the fixed facility that would result in the fixed facility being within the boundary of the network.
(1) The regulations may make provision for or in relation to:
(a) defining the boundaries of a telecommunications network; or
(b) determining the equipment, lines and other facilities that are to be taken to be beyond, or not beyond, the boundaries of a telecommunications network.
(2) Regulations in force because of subsection (1) have effect despite anything in this Division.
(1) Places are distinct unless they are all in the same area because of subsection (2), (3) or (4).
(2) Places are in the same area if they are all situated in the same property as defined by section 13.
(3) Places are in the same area if they are situated in properties each of which forms part of a combined area as defined by section 14 and:
(a) the same person or persons is or are the principal user (as defined by section 15) of all the properties that together constitute that combined area; or
(b) because of a determination in force under section 16, that combined area is an eligible combined area for the purposes of this paragraph.
(4) Places are in the same area if they are all situated in the same prescribed external Territory.
(5) The later provisions of this Division have effect only for the purposes of this Division.
(1) An area of land is a property if:
(a) there is a single freehold or leasehold title in relation to that area (whether or not that title is registered under a law of a State or Territory relating to the registration of interests in land); and
(b) no part of that area is subject to a lease granted by the holder of that title; and
(c) the title to the area is defined by reference to geographical coordinates.
(2) If:
(a) there is a single freehold or leasehold title (as mentioned in paragraph (1)(a)) in relation to an area of land; and
(b) some but not all of that area is subject to a lease granted by the holder of that title;
then, an area of land:
(c) all of which is within the area referred to in paragraph (a) of this subsection; and
(d) none of which is subject to such a lease;
is a property unless it is only part of another such area.
(3) An area of land is not a property except as provided in this section.
(3A) The regulations may prescribe the circumstances in which an area of land in relation to which there is a single freehold or leasehold title is not to constitute a property for the purposes of this Act.
(3B) Despite paragraph (1)(c), the regulations may prescribe the circumstances in which an area of land, the title to which is defined otherwise than by reference to geographical coordinates, is a property if:
(a) the Minister has consulted each general carrier whose interests may, in the Minister’s opinion, be affected by the proposed regulation; and
(b) in the Minister’s opinion, the regulation will not erode unduly the practical value of the general carriers’ rights under sections 90 and 92.
(4) In this section:
land includes premises and a part of premises, but does not include unalienated Crown land.
lease includes sublease andleasehold title has a corresponding meaning.
(1) Two contiguous properties form a combined area.
(2) Where:
(a) a property is contiguous with another property; and
(b) the other property forms part of a combined area;
the first-mentioned property, and the combined area referred to in paragraph (b), together form a combined area.
(3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a combined area is a reference to something that is a combined area because of any other application or applications of this section.
(1) The principal user of a property is the person who:
(a) occupies the property; or
(b) uses the property for the purpose that is the sole or principal purpose for which the property is used.
(2) However, if 2 or more persons:
(a) together occupy a property; or
(b) together use a property for the purpose that is the sole or principal purpose for which the property is used;
they are taken to together be the principal user of the property.
(1) The Minister may by writing determine that specified combined areas are eligible combined areas for the purposes of paragraph 12(3)(b).
(2) The Minister may make or vary a determination under subsection (1) only if:
(a) he or she has consulted each general carrier whose interests may, in his or her opinion, be affected by the determination, or by the determination as varied, as the case may be; and
(b) in his or her opinion, the determination, or the determination as varied, as the case may be, will not erode unduly the practical value of the general carriers’ rights under sections 90 and 92.
(3) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
Equipment, or a line or other facility, is connected to a telecommunications network if the equipment, line or other facility (either by itself or in conjunction with any other thing) is being used to supply, or is installed or connected for use to supply, telecommunications services by means of the network, whether or not the equipment, line or other facility is comprised in, or is in physical contact with any part of, the network.
(1) Subject to this section, a telecommunications service that is supplied by means of:
(a) at least one reserved line link; or
(b) facilities including at least one reserved line link;
is an eligible service.
(2) Subject to this section, a telecommunications service:
(a) between distinct places within Australia; or
(b) between places within Australia and places outside Australia;
that is supplied by the use of satellite-based facilities is an eligible service.
(3) A telecommunications service (other than a public mobile telecommunications service or a public access cordless telecommunications service) that is supplied by a general carrier is not an eligible service.
(4) A public mobile telecommunications service that is supplied by a mobile carrier is not an eligible service.
(5) The fact that subsection (3) or (4) prevents a telecommunications service of a particular kind from being an eligible service because it is supplied by a general carrier or a mobile carrier, as the case may be, must be disregarded in determining whether a telecommunications service of that kind that is supplied by a person other than such a carrier is an eligible service because of subsection (1) or (2).
An eligible service is supplied under a class licence if:
(a) supplying the service is permitted under the class licence; and
(b) the service is supplied in accordance with the conditions of the licence.
An item of customer equipment is of the same type as another item of customer equipment if:
(a) the items were produced to specifications that differ in no material respect; and
(b) the respective ways in which the items were produced differ in no material respect; and
(c) the form and functions of the one item differ in no material respect from the form and functions of the other item.
A basic carriage service of a particular kind is included in a carrier’s BCS tariff if, and only if, the tariff complies, or purports to comply, with subsections 190(5), (6) and (8) in relation to that kind of basic carriage service.
(1) A line constitutes a line link.
(2) Where:
(a) a line is connected to another line; and
(b) the other line constitutes, or forms part of, a line link;
the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link.
(3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a line link is a reference to something that is a line link because of any other application or applications of this section.
(4) For the purposes of subsection (2), a line is connected to another line if, and only if:
(a) the lines are connected to each other; or
(b) each of the lines is connected to the same facility (other than a line);
in such a way that a communication can be carried, by means of the 2 lines, or by means of facilities including the 2 lines, in the same way as if the 2 lines were a single line.
(5) A facility other than a line does not form part of any line link.
A reference to a facility ancillary to a line link is a reference to:
(a) a tunnel, hole, pit, duct, pipe, sheath, conduit or similar thing; or
(b) a pole, tower, mast or similar structure;
so far as it is used, or intended for use, to contain, support or protect:
(c) a line or lines constituting, or forming part of, the line link; or
(d) equipment connecting 2 or more such lines.
(1) A reserved line link is:
(a) a line link between distinct places within Australia; or
(b) a line link between a place within Australia and a place outside Australia;
whether or not installed or maintained by a general carrier.
(2) Where:
(a) but for this subsection, the whole of a line link would be a reserved line link; and
(b) a line that forms part of that line link is beyond the boundary of a reserved line link that also forms part of the first-mentioned line link;
then, despite subsection (1), that line is not, and does not form part of, a reserved line link.
(1) A telecommunications service is a public mobile telecommunications service if, and only if:
(a) it is not a public access cordless telecommunications service (as defined by section 26); and
(b) it is offered to the public generally; and
(c) a person can use it while moving continuously between places; and
(d) customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and
(e) a facility that is used for or in relation to supplying the service is connected to a telecommunications network operated by a general carrier; and
(f) neither of subsections (2) and (3) prevents the service from being a public mobile telecommunications service.
(2) A telecommunications service is not a public mobile telecommunications service if:
(a) it is supplied by means of a telecommunications network (in this subsection called the
primary network ) that is connected to:
(i) a telecommunications network (in this subsection called a
general network ) operated by a general carrier; or(ii) each of 2 or more general networks; and
(b) the principal function of the primary network is to supply telecommunications services between equipment connected to the primary network and other such equipment; and
(c) the supply of telecommunications services between such equipment and equipment connected to a general network is at most an ancillary function of the primary network; and
(d) despite the connection or connections referred to in paragraph (a), the primary network cannot be used in carrying a communication, as a single transaction, between equipment connected to a general network and other such equipment.
(3) A telecommunications service is not a public mobile telecommunications service if it is:
(a) a one-way only, store-and-forward communications service; or
(b) a service that performs the same functions as such a service.
(1) A telecommunications service that, but for paragraph 25(1)(a), would be a public mobile telecommunications service is a public access cordless telecommunications service unless:
(a) the service is supplied by the use of facilities that include at least 2 fixed facilities (called
base stations ) each of which transmits and receives signals to and from customer equipment (calledmobile equipment ) that is:(i) used for or in relation to the supply of the service; and
(ii) located within a particular area (called a
cell ); and(b) the service includes the functions necessary to do the following while the service is carrying a communication made to or from particular mobile equipment:
(i) determine in which cell the equipment is located and cause the base station in that cell to transmit and receive signals to and from the equipment;
(ii) when the equipment moves from one cell to another, cause the base station in the one cell to stop, and the base station in the other cell to start, transmitting and receiving signals to and from the equipment.
(2) The regulations may provide that paragraphs (1)(a) and (b) must be disregarded in determining whether prescribed telecommunications services are public access cordless telecommunications services.
(3) The regulations may provide that prescribed telecommunications services are not public access cordless telecommunications services.
(4) The regulations may provide that the supply of prescribed equipment is not a public access cordless telecommunications service.
(1) A telecommunications service for carrying communications between one geographical area and another may be taken for a particular purpose to be of a kind different from:
(a) a telecommunications service for carrying communications between one of those areas and a third geographical area; or
(b) a telecommunications service for carrying communications between a third geographical area and a fourth;
even if 2 or more of those areas overlap and even if the services are alike in other respects.
(2) Subsection (1) does not limit the matters that may be considered in determining for a particular purpose whether a telecommunications service is of the same kind as another telecommunications service.
A carrier is taken to be in a position to dominate a market if, and only if, the carrier is taken, for the purposes of section 50 of the
Trade Practices Act 1974 (as in force immediately before the commencement of theTrade Practices Legislation Amendment Act 1992 ), to be in a position to dominate that market, or would be so taken if the market were a market within the meaning of that section.
This Act applies both within and outside Australia.
This Act extends to such external Territories (if any) as are prescribed.
(1) Subject to subsection (2), this Act applies in relation to the adjacent areas of the States and eligible Territories as if references to Australia included references to those adjacent areas.
(2) The application of this Act in relation to the adjacent areas of the States and eligible Territories extends only in relation to 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.
(3) Without limiting subsection (2), the application of this Act in relation to the adjacent areas of the States and eligible Territories because of subsection (1) extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area of a State or eligible 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.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
(1) This Act has effect subject to the
Radiocommunications Act 1992 .(2) However, to avoid doubt, the fact that a person is authorised to do something under a licence under the
Radiocommunications Act 1992 does not entitle the person to do that thing if he or she is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.
Part 4 — Establishment, Functions and Powers of AUSTEL
The body corporate that was, immediately before the commencement of this Part, in existence because of section 16 of the
Telecommunications Act 1989 under the name Australian Telecommunications Authority continues in existence by force of this section as a body corporate, under and subject to the provisions of this Act, under that name.
The Australian Telecommunications Authority:
(a) is a body corporate with perpetual succession; and
(b) is to have a common seal; and
(c) may sue and be sued in its corporate name.
The functions of AUSTEL include responsibility for:
(a) economic and technical regulation of the Australian telecommunications industry, including in particular:
(i) the promotion of fair and efficient market conduct within the industry; and
(ii) the implementation of the Commonwealth Government’s industry policies relating to telecommunications (including policies relating to the development of an internationally competitive telecommunications industry); and
(b) giving advice and assistance to the Australian telecommunications industry; and
(c) giving reports and advice to the Minister in relation to the industry.
The functions of AUSTEL include promoting competition in the telecommunications industry, within the regulatory framework established by the Parliament, and, for that purpose:
(a) protecting persons who, within that framework, supply telecommunications services, or supply facilities, from practices of the carriers that are damaging to competition; and
(b) facilitating the entry, into markets for such services and facilities, of persons wishing so to supply such services and facilities; and
(c) promoting competition among the carriers; and
(d) protecting carriers from misuse of market power of other carriers; and
(e) arbitrating disputes between carriers under Part 8; and
(f) receiving and investigating complaints under Part 15; and
(g) referring matters to the Australian Competition and Consumer Commission, as appropriate; and
(h) preventing the misuse of market power by international telecommunications operators, by administering the Code of Practice in force under section 77 and the class licence system under Part 10; and
(i) advising the Minister on ways of promoting competition within the telecommunications industry.
(1) The functions of AUSTEL include ensuring that the provisions of this Act are carried out with due regard to the public interest.
(2) The functions of AUSTEL include protecting consumers from unfair practices of carriers and other persons in connection with the supply of telecommunications services, the supply, installation or maintenance of customer equipment or the performance of cabling work and, for that purpose:
(a) receiving and investigating consumer complaints, including complaints about charges for telecommunications services; and
(b) developing indicative performance standards relating to:
(i) the quality of standard telephone services that carriers supply to consumers; and
(ii) the quality of goods and services that carriers supply to consumers in connection with supplying standard telephone services to them; and
(iii) the quality of other telecommunications services in relation to which AUSTEL thinks it appropriate to develop such standards; and
(iv) matters associated with, or incidental to, the supply of goods or services referred to in subparagraph (i), (ii) or (iii); and
(c) monitoring, and reporting to the Minister on, the performance of carriers and other persons in meeting the standards developed under paragraph (b); and
(d) referring consumer complaints to the Ombudsman, the Telecommunications Industry Ombudsman or the Australian Competition and Consumer Commission in appropriate cases; and
(e) monitoring, and reporting to the Minister on, charges paid by consumers.
(3) When developing standards under paragraph (2)(b), AUSTEL must have regard to the best international practice performance indicators available to it.
(4) The matters referred to in subparagraph (2)(b)(iv) include (but are not limited to):
(a) the timeliness and comprehensibility of bills; and
(b) the procedures to be followed by carriers to generate standard billing reports in order to assist in the investigation of consumer complaints about bills; and
(c) any other matter relating to customer billing.
The functions of AUSTEL include managing the numbering of telecommunications services in Australia.
The functions of AUSTEL include reviewing, and reporting to the Minister on, all significant matters relating to the operation of Parts 5, 8 and 9, including:
(a) the operation of competitive safeguards; and
(b) carrier performance, measured against the best international practice performance indicators available to AUSTEL, and with particular reference to consumer satisfaction, consumer benefits and quality of service.
The functions of AUSTEL include:
(a) issuing class licences, licences and permits as provided by this Act; and
(b) in relation to licences and permits issued under this Act, whether by AUSTEL or the Minister:
(i) monitoring the conduct of the holders of such licences and permits; and
(ii) enforcing conditions of such licences and permits; and
(c) monitoring the conduct of persons who supply eligible services under class licences; and
(d) enforcing conditions included in class licences.
(1) The functions of AUSTEL include ensuring the safety and quality of telecommunications services and, for that purpose:
(a) determining under Part 12 technical standards about:
(i) network matters; and
(ii) the connection of customer equipment to telecommunications networks; and
(iii) the performance of cabling work; and
(b) regulating the connection of customer equipment to telecommunications networks; and
(c) regulating the performance of cabling work.
(2) The functions of AUSTEL include managing Australia’s input into the setting of international technical standards for telecommunications, except so far as the Standards Association of Australia is responsible for managing Australia’s input into the setting of such standards.
The functions of AUSTEL include administering Part 13 in relation to assessing:
(a) the liability of carriers to pay levy that the
Telecommunications (Universal Service Levy) Act 1991 imposes in connection with ensuring that standard telephone services, and payphones, are reasonably accessible to all people in Australia; and(b) the entitlement of carriers to payments out of the Universal Service Fund, into which that levy is paid.
In addition to its functions under sections 36 to 43 (inclusive), AUSTEL has such other functions as are conferred on it by this or any other Act.
(1) AUSTEL has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
(2) Subsection (1) is not limited by any other provision of this or any other Act that confers a power on AUSTEL.
(1) AUSTEL may give written directions to a carrier in connection with performing any of AUSTEL’s functions under sections 37 (promotion of competition), 38 (protection of consumers), 39 (numbering), 40 (reports to Minister on competitive safeguards and carrier performance), 41 (licensing), 42 (technical regulation) and 43 (administering universal service levy).
(2) This section is not limited by any other provision of an Act that confers a power on AUSTEL.
(1) AUSTEL, the carriers, and the persons who supply eligible services, must, in exercising their respective powers, do their best to prevent telecommunications networks and facilities operated by carriers, or by such persons, from being used in, or in relation to, the commission of offences against the laws of the Commonwealth and of the States and Territories.
(2) AUSTEL, the carriers, and the persons who supply eligible services, must give to officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for any of the following purposes:
(a) enforcing the criminal law and laws imposing pecuniary penalties;
(b) protecting the public revenue;
(c) safeguarding national security.
(3) AUSTEL is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in performance or purported performance of the duty imposed by subsection (1) or (2).
(4) A carrier is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith:
(a) in performance or purported performance of the duty imposed by subsection (1) or (2); or
(b) in compliance or purported compliance with a condition of a general telecommunications licence or public mobile licence held by the carrier, being:
(i) a condition that is expressed to have the purpose of giving effect to subsection (1) or (2); or
(ii) a condition of the kind referred to in paragraph 63(4)(m); or
(c) in compliance or purported compliance with a direction that AUSTEL has given in good faith:
(i) in performance or purported performance of the duty imposed by subsection (1) or (2); or
(ii) under a condition of the kind referred to in paragraph 63(4)(m).
(5) A person who supplies eligible services is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith:
(a) in performance or purported performance of the duty imposed by subsection (1) or (2); or
(b) in compliance or purported compliance with a condition included in a class licence under which the person supplies eligible services, being a condition that is expressed to have the purpose of giving effect to subsection (1) or (2); or
(c) in compliance or purported compliance with a direction that AUSTEL has given in good faith:
(i) in performance or purported performance of the duty imposed by subsection (1) or (2); or
(ii) under a condition of a kind referred to in paragraph (b) of this subsection.
(6) An officer, employee or agent of AUSTEL, of a carrier, or of a person who supplies eligible services, is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by AUSTEL, the carrier, or the person, as mentioned in subsection (3), (4) or (5), as the case may be.
(7) Nothing in this section limits the generality of anything else in it.
AUSTEL must perform its functions in a manner consistent with:
(a) any policies of the Commonwealth Government notified by the Minister under section 49; and
(b) any directions given by the Minister under section 50; and
(c) Australia’s obligations under any convention of which the Minister has notified AUSTEL in writing.
(1) The Minister may notify AUSTEL of general policies of the Commonwealth Government that are to apply in relation to AUSTEL.
(1A) The Minister may notify AUSTEL of policies of the Commonwealth Government, relating to the development of an internationally competitive customer equipment industry, that are to apply to the issue, variation or cancellation of permits for customer equipment under Division 6 of Part 12. This subsection does not, by implication, limit the operation of subsection (1).
(2) AUSTEL must ensure that the policies are carried out.
(3) A notification under this section must be given in writing.
(1) The Minister may give written directions to AUSTEL in relation to the performance of its functions and the exercise of its powers.
(2) A direction under subsection (1) must be published in the
Gazette .(3) The Minister must not give under subsection (1) a direction:
(aa) that he or she is empowered to give under section 87P; or
(a) that he or she is empowered to give under section 106, or would apart from subsection 106(2) be empowered to give under section 106; or
(b) about a matter that he or she is empowered to determine under section 140; or
(c) that he or she is empowered to give under section 204, or would apart from section 205 be empowered to give under section 204; or
(ca) that he or she is empowered to give under section 238C, or would apart from section 238D be empowered to give under section 238C; or
(d) that he or she is empowered to give under section 244; or
(e) that he or she is empowered to give under section 250, or would apart from section 251 be empowered to give under section 250.
Except as otherwise provided by or under this or any other Act, AUSTEL is not subject to direction by or on behalf of the Commonwealth Government.
In performing its functions and exercising its powers, AUSTEL must, where it is appropriate and practicable to do so, consult with:
(a) government, commercial, industrial, consumer and standards bodies and organisations (for example, carriers); and
(b) other relevant bodies and organisations.
(1) AUSTEL may, by writing, establish advisory committees to assist it in performing any of its functions (other than its functions under Division 5 of Part 8).
(2) An advisory committee consists of such persons as AUSTEL from time to time appoints to the committee.
(3) AUSTEL may give an advisory committee written directions as to:
(a) the way in which the committee is to carry out its functions; and
(b) procedures to be followed in relation to meetings.
In exercising a power under Part 6 or 10 or its power to give directions under subsection 46(1), AUSTEL must have regard to the rights of each carrier under Part 6.
The objects of this Part are to help achieve the objects of this Act by:
(a) establishing a system for licensing general carriers, on the basis that they are to be:
(i) the primary providers of Australia’s line-based and satellite-based public telecommunications capacity; and
(ii) the primary suppliers of telecommunications services by the use of line links and satellite-based facilities; and
(b) establishing a system for licensing mobile carriers, on the basis that they are to be the primary suppliers of public mobile telecommunications services; and
(c) providing for a Code of Practice that:
(i) relates to dealings by carriers with international telecommunications operators and with other persons; and
(ii) is to operate, together with the class licence system established by Part 10, to prevent the misuse of market power by international telecommunications operators; and
(d) providing for accounting separation of the various business activities of each carrier, in order to:
(i) identify cross-subsidisation between business activities that do not face strong competition and those that do; and
(ii) encourage each carrier to improve each of the main parts of its business; and
(e) providing for a customer service guarantee that requires carriers to comply with certain performance standards.
(1) An eligible corporation may apply to the Minister, in a manner and form approved by the Minister, for a general telecommunications licence.
(1A) An eligible corporation:
(a) that is the holder of a public mobile licence that the corporation proposes to replace when the licence ceases to have effect; or
(b) to whom it is sought to transfer such a licence under section 59;
may apply to the Minister, in a manner and form approved by the Minister, for a public mobile licence.
(2) The Minister may require an applicant for a licence to give the Minister such further information in relation to the application as he or she thinks necessary.
(1) Where a corporation applies under section 56 for a general telecommunications licence or a public mobile licence, the Minister:
(a) may defer consideration of the application for as long as he or she thinks appropriate; and
(b) subject to subsection (2) and to subsection 60(4), may, in his or her absolute discretion, either grant the licence or refuse the application.
(2) The Minister must refuse the application if the applicant is not an eligible corporation.
(3) The Minister must cause a copy of each licence to be laid before each House of the Parliament within 15 sitting days of that House after the licence is granted, but failure to do so does not affect the validity of a licence.
(1) The Minister is to determine, in writing, an allocation system for the purpose of granting public mobile licences to eligible corporations, other than eligible corporations to which subsection 56(1A) applies.
(2) Without limiting the operation of subsection (1), an allocation system may:
(a) provide, whether by means of a tendering process or otherwise, for the grantee of a licence under the allocation system to pay for the grant of the licence; and
(b) specify criteria to which the Minister is to have regard in considering whether or not to grant a licence under the allocation system.
(3) The Minister may vary or revoke a determination made under subsection (1).
(4) The Minister may grant, or refuse to grant, a public mobile licence to an eligible corporation, other than an eligible corporation to which subsection 56(1A) applies, in accordance with a system determined under subsection (1).
(5) The Minister must cause a copy of each licence to be laid before each House of the Parliament within 15 sitting days of that House after the licence is granted, but failure to do so does not affect the validity of a licence.
(1) The Minister may by writing revoke a licence if:
(a) the holder of the licence so requests in writing; or
(b) in his or her opinion, the holder of the licence is about to cease to be an eligible corporation.
(2) A licence is revoked by force of this subsection if at any time the holder of the licence is not an eligible corporation.
(3) Revocation of a licence does not affect an obligation of the holder of the licence to do an act if the obligation arose before the revocation, whether it arose under this Act or a condition of the licence or otherwise.
(1) The holder of a licence may apply to the Minister, in a manner and form approved by the Minister, to transfer the licence to another eligible corporation.
(2) An application under subsection (1) must be accompanied by an application by the other corporation under section 56 for a general telecommunications licence or a public mobile licence, as the case requires.
(3) The Minister may require an applicant under subsection (1) to give the Minister such further information in relation to the application as he or she thinks necessary.
(1) This section applies where the holder of a licence applies under section 59 to transfer the licence to another corporation.
(2) The Minister:
(a) may defer consideration of the application for as long as he or she thinks appropriate; and
(b) subject to subsection (3), may, in his or her absolute discretion, either grant or refuse the application.
(3) The Minister must refuse the application if the other corporation is not an eligible corporation.
(4) If the Minister grants the application, he or she must:
(a) revoke the licence; and
(b) grant under paragraph 57(1)(b) a general telecommunications licence or a public mobile licence, as the case requires, to the other corporation.
(1) The Minister may by writing delegate to AUSTEL all or any of the Minister’s functions and powers under this Part (other than section 87P).
(2) In the performance of a function, or the exercise of a power, delegated under this section, the delegate is subject to the Minister’s directions.
A licence is subject to:
(a) a condition that the holder of the licence comply with this Act and the regulations; and
(b) a condition that the holder of the licence comply with any direction, determination or order that this Act provides for AUSTEL to give or make; and
(c) such conditions as are specified in declarations for the time being in force under section 64 in relation to:
(i) all licences; or
(ii) all general telecommunications licences, or all public mobile licences, as the case requires; and
(d) such conditions as are specified in declarations for the time being in force under section 65 in relation to the licence; and
(e) in the case of a general telecommunications licence—the condition for which section 72 provides; and
(f) the conditions for which sections 73A, 74 and 76 provide; and
(g) the condition for which section 245 provides; and
(h) the condition for which section 292 provides.
(1) Subject to subsection (3), a condition of a licence must not be inconsistent with an Act, or regulations under an Act.
(2) A condition of a licence held by a carrier has effect subject to the provisions of a licence under the
Radiocommunications Act 1992 under which the carrier is authorised to do something.(3) A condition of a licence held by a carrier may abrogate or restrict a right or privilege that the carrier would otherwise have under a provision of this Act or the regulations.
(4) A condition or conditions of any of the following kinds may be imposed under section 64 or 65 on a licence:
(a) a condition that the licence ceases to be in effect at the end of a specified period or on the happening of a specified event;
(b) a condition that the holder of the licence must engage in specified activities or conduct, as provided in the condition;
(c) a condition that the holder must not supply specified telecommunications services except for carrying communications:
am. No. 167, 1992 | |
Ss. 253-255 ............................. | am. No. 32, 1995 |
S. 258 ..................................... | am. No. 216, 1992 |
S. 260 ..................................... | am. No. 216, 1992 |
S. 263 ..................................... | am. No. 216, 1992 |
S. 268 ..................................... | am. No. 32, 1995 |
S. 288....................................... | am. No. 64, 1994 |
S. 293 ..................................... | am. No. 145, 1991 |
S. 333....................................... | am. No. 81, 1996 |
S. 339 ..................................... | am. No. 216, 1992 |
Heading to s. 340 .................... | am. No. 88, 1995 |
S. 340 ..................................... | am. No. 88, 1995 |
S. 345 ..................................... | am. No. 216, 1992 |
S. 347 ..................................... | am. No. 8, 1993 |
S. 355 ..................................... | am. No. 145, 1991 |
S. 394 ..................................... | am. No. 118, 1992 |
S. 397....................................... | am. No. 48, 1997 |
Ss. 399, 400............................. | am. No. 81, 1996 |
S. 401 ..................................... | am. No. 32, 1995; No. 81, 1996 |
S. 402A ................................... | ad. No. 71, 1992 |
am. No. 32, 1995 | |
S. 406 ..................................... | am. No. 32, 1995 |
S. 407 ..................................... | ad. No. 145, 1991 |
Ss. 408, 409 ............................ | ad. No. 173, 1991 |
19
Application—amendments of section 73 of the Telecommunications Act 1991 (1) This item applies to the amendments of section 73 of the
Telecommunications Act 1991 made by this Schedule.(2) The amendments do not apply in relation to a contract for the supply of a standard telephone service if:
(a) the contract was entered into before the commencement of this item; and
(b) the contract would not have complied with section 73 of the
Telecommunications Act 1991
0
0
0