Telecommunications Act 1997

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2004A05145 In force Act

Legislation content

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Act
Concepts
Commencement Provisions
Delegation
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations
Protection of Communications

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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.