Telecommunications Act 1997
No. 47, 1997
Compilation No. 117
Compilation date: 4 June 2026
Includes amendments: Act No. 75, 2025
This compilation is in 3 volumes
Volume 1: sections 1‑310
Volume 2: sections 311‑594
Volume 3: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Telecommunications Act 1997 that shows the text of the law as amended and in force on 4 June 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Introduction
1 Short title
2 Commencement
3 Objects
4 Regulatory policy
5 Simplified outline
6 Main index
7 Definitions
8 Crown to be bound
9 Extra‑territorial application
10 Extension to external Territories
11 Extension to offshore areas
11A Application of the Criminal Code
12 Act subject to Radiocommunications Act
13 Continuity of partnerships
14 Controlled carriage services, controlled networks and controlled facilities
15 Content service
16 Listed carriage services
18 Access to an emergency call service
19 Recognised person who operates an emergency call service
20 Customer cabling
21 Customer equipment
22 Customer cabling and customer equipment—boundary of a telecommunications network
23 Immediate circle
24 Extended meaning of use
Part 2—Network units
Division 1—Simplified outline
25 Simplified outline
Division 2—Basic definition
26 Single line links connecting distinct places in Australia
27 Multiple line links connecting distinct places in Australia
28 Designated radiocommunications facility
29 Facilities specified in Ministerial determination
Division 3—Related definitions
30 Line links
31 Designated radiocommunications facility
32
Overview
The Telecommunications Act 1997 was enacted by the Commonwealth Parliament to establish a comprehensive regulatory framework governing telecommunications in Australia. It aimed to address issues such as the licensing of carriers and service providers, the protection of consumer rights, and the regulation of telecommunications services. The Act's primary objective is to promote the long-term interests of end-users, ensure efficient and equitable access to telecommunications services, and facilitate the development of a competitive and innovative telecommunications industry. This includes the promotion of competition and the protection of consumers by ensuring that telecommunications services are accessible, affordable, and of high quality. The Act provides for the licensing of carriers and service providers, sets out the obligations of these entities, and establishes mechanisms for monitoring and enforcing compliance with the regulatory requirements. It also addresses issues such as the protection of the confidentiality of communications and the regulation of commercial electronic messaging.
Scope and Application
The Telecommunications Act 1997 is a Commonwealth Act that applies to the regulation of telecommunications services, infrastructure, and practices within Australia, including its external territories. The Act aims to establish a regulatory framework that promotes the interests of end-users, ensures the efficient and effective operation of telecommunications services, and provides adequate community safeguards. It applies to carriers, carriage service providers, content service providers, and other entities involved in telecommunications activities. The Act includes provisions for licensing, monitoring performance, establishing industry codes and standards, protecting the confidentiality of communications, and setting out offences and penalties for breaches. Certain entities, such as those used for defence, broadcasting, and emergency services, are exempt from some provisions. The Act also extends its application through subordinate instruments, allowing for the declaration of conditions, the determination of industry standards, and the specification of exemptions. The Australian Communications and Media Authority (ACMA) plays a key role in administering and enforcing the Act, including the registration of industry codes, the determination of industry standards, and the monitoring of compliance by carriers and service providers.
Key Provisions
- The Telecommunications Act 1997 sets up a regulatory framework for the telecommunications industry in Australia, aiming to promote the long-term interests of end-users, ensure efficient and affordable services, and protect the confidentiality of communications. Carriers, defined as holders of a carrier licence, are required to hold such a licence unless exempted, and must comply with specific prohibitions against using network units for public carriage services without a licence or declaration. Service providers, including carriage service providers and content service providers, must comply with service provider rules and ensure the protection of customer data and communication confidentiality. The Act imposes obligations on carriers and service providers to register their networks, pay applicable fees, and submit to annual monitoring and reporting by the Australian Communications and Media Authority (ACMA). Both carriers and service providers must adhere to industry codes and standards, with compliance being mandatory for the latter and voluntary for the former unless directed by the ACMA.
- Breaches of the Act, such as non-compliance with carrier licence conditions, service provider rules, or industry standards, can result in civil and criminal penalties. The Act provides for remedial directions, formal warnings, and the potential surrender or cancellation of licences. It also specifies offences related to the unauthorised disclosure or use of telecommunications information, which can result in imprisonment for up to 2 years, and outlines the process for granting authorisations for the use of integrated public number databases. Additionally, the Act includes provisions for the protection of communications, requiring certain authorised persons to protect the confidentiality of telecommunications information and imposing penalties for breaches of these confidentiality obligations. The Act further establishes the ACMA's role in monitoring and reporting on the performance of carriers and service providers, ensuring that the industry operates efficiently and in the public interest.
- Area of Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegation
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
- Protection of Communications