Telecommunications Act 1997 (Cth)

Telecommunications Act 1997

No. 47, 1997

Compilation No. 116

Compilation date: 31 October 2025

Includes amendments: Act No. 50, 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 31 October 2025 (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 ( 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act about telecommunications, and for related purposes

Part 1Introduction1Short title

This Act may be cited as the Telecommunications Act 1997.

2Commencement

(1)
The following provisions of this Act commence on the day on which this Act receives the Royal Assent:
1. (a)
  this Part;
2. (b)
  Part 2;
3. (c)
  Divisions 2, 3 and 4 of Part 4;
4. (d)
  Division 3 of Part 25;
5. (f)
  section 589;
6. (g)
  section 594.
(2)
Sections 52 to 55 (inclusive) commence on 5 June 1997.
(3)
The remaining provisions of this Act commence on 1 July 1997.

3Objects

(1)
The main object of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, is to provide a regulatory framework that promotes:
1. (a)
  the long‑term interests of end‑users of carriage services or of services provided by means of carriage services; and
2. (b)
  the efficiency and international competitiveness of the Australian telecommunications industry; and
3. (c)
  the availability of accessible and affordable carriage services that enhance the welfare of Australians.
(2)
The other objects of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, are as follows:
1. (a)
  to ensure that standard telephone services and payphones are:
  1. (i)
    reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
  2. (ii)
    are supplied as efficiently and economically as practicable; and
  3. (iii)
    are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community;
2. (c)
  to promote the supply of diverse and innovative carriage services and content services;
3. (d)
  to promote the development of an Australian telecommunications industry that is efficient, competitive and responsive to the needs of the Australian community;
4. (e)
  to promote the effective participation by all sectors of the Australian telecommunications industry in markets (whether in Australia or elsewhere);
5. (f)
  to promote:
  1. (i)
    the development of the technical capabilities and skills of the Australian telecommunications industry; and
  2. (ii)
    the development of the value‑adding and export‑oriented activities of the Australian telecommunications industry; and
  3. (iii)
    research and development that contributes to the growth of the Australian telecommunications industry;
6. (g)
  to promote the equitable distribution of benefits from improvements in the efficiency and effectiveness of:
  1. (i)
    the provision of telecommunications networks and facilities; and
  2. (ii)
    the supply of carriage services;
7. (h)
  to provide appropriate community safeguards in relation to telecommunications activities and to regulate adequately participants in sections of the Australian telecommunications industry;
8. (i)
  to promote the placement of lines underground, taking into account economic and technical issues, where placing such lines underground is supported by the affected community;
9. (j)
  to promote responsible practices in relation to the sending of commercial electronic messages;
10. (k)
  to promote responsible practices in relation to the making of telemarketing calls;
11. (l)
  to promote responsible practices in relation to the sending of marketing faxes.

4Regulatory policy

The Parliament intends that telecommunications be regulated in a manner that:
(a)
promotes the greatest practicable use of industry self‑regulation; and
(b)
does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry;
but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 3.

5Simplified outline

The following is a simplified outline of this Act:
• This Act sets up a system for regulating telecommunications.
• The main entities regulated by this Act are carriers and service providers.
• A carrier is the holder of a carrier licence granted under this Act.
• The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless responsibility for the unit is transferred from the owner to a carrier.
• There are 4 types of network unit:
(a)
a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;
(b)
multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;
(c)
a designated radiocommunications facility;
(d)
a facility specified in a Ministerial determination.
• Carrier licences are subject to conditions.
• There are 2 types of service provider:
(a)
a carriage service provider;
(b)
a content service provider.
• A carriage service provider is a person who supplies, or proposes to supply, certain carriage services.
• A content service provider is a person who supplies, or proposes to supply, certain content services.
• Service providers must comply with the service provider rules.
• The Australian Communications and Media Authority (ACMA) is to monitor, and report each year to the Minister on, significant matters relating to the performance of carriers and carriage service providers.
• Bodies and associations that represent sections of the telecommunications industry, the telemarketing industry or the fax marketing industry may develop industry codes.
• Industry codes may be registered by the ACMA.
• Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the telemarketing industry or the fax marketing industry to comply with the code.
• The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.
• Compliance with industry standards is mandatory.
• Carriers and carriage service providers must protect the confidentiality of communications.
• The ACMA, carriers and carriage service providers must prevent, so far as it is reasonably practicable to do so, telecommunications networks and facilities from being used to commit offences.
• Carriers and carriage service providers must ensure that it is possible to execute a warrant issued under the Telecommunications (Interception and Access) Act 1979.
• Carriage service providers may be required to supply carriage services for defence purposes or for the management of natural disasters.
• A carrier or carriage service provider may be required to enter into an agreement with the Commonwealth about:
(a)
planning for network survivability; or
(b)
operational requirements in times of crisis.
• The ACMA may require certain carriers and carriage service providers to provide pre‑selection in favour of carriage service providers in relation to calls made using a standard telephone service.
• The ACMA must require certain carriers and carriage service providers to provide pre‑selection in favour of carriage service providers in relation to calls made using a declared carriage service.
• Carriers and carriage service providers may be required to comply with certain international conventions.
• The Minister may make Rules of Conduct about dealings with international telecommunications operators.
• Provision is made for the technical regulation of customer equipment, customer cabling and cabling work.
• Numbering may be administered by a numbering scheme manager or by the ACMA.
• Provision is made for standard agreements for the supply of carriage services.
• The ACMA must ensure that the SMS Sender ID Register is established and maintained.
• The ACMA and the ACCC may hold public inquiries about certain matters relating to telecommunications.
• The ACMA may investigate certain matters relating to telecommunications.
• Certain switching systems must be capable of providing calling line identification.
• Provision is made for the following ancillary matters:
(a)
information‑gathering powers;
(b)
powers of search, entry and seizure;
(c)
review of decisions;
(d)
injunctions.

6Main index

The following is a main index to this Act:

Main Index
Item	Topic	Provisions
2	Calling line identification	Part 18
3	Carriers’ powers and immunities	Part 24, Schedule 3
4	Carrier licence conditions	Part 3, Schedule 1
5	Carriers	Part 3
6	Communications, protection of	Part 13
8	Decisions, review of	Part 29, Schedule 4
9	Defence requirements and disaster plans	Part 16
10	Enforceable undertakings	Part 31A
11	Enforcement	Part 28
12	Industry codes and industry standards	Part 6
13	Information‑gathering powers	Part 27
14	Injunctions	Part 30
15	Inquiries, public	Part 25
16	International aspects	Part 20
17	Investigations	Part 26
19	Liability, vicarious	Part 32
21	National interest matters	Part 14
22	Network units	Part 2
23	Numbering and electronic addressing	Part 22
24	Penalties, civil	Part 31
25	Performance of carriers and carriage service providers, monitoring of	Part 5
26	Pre‑selection	Part 17
28	Service provider rules	Part 4, Schedule 2
29	Service providers	Part 4
29A	SMS Sender ID Register	Part 24B
30	Standard agreements for the supply of carriage services	Part 23
32	Technical regulation	Part 21

7Definitions

In this Act, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
ACCC’s telecommunications functions and powers means the functions and powers conferred on the ACCC by or under:
(a)
this Act; or
(b)
the Telecommunications (Consumer Protection and Service Standards) Act 1999; or
(ba)
the National Broadband Network Companies Act 2011; or
(c)
Part XIB of the Competition and Consumer Act 2010; or
(d)
Part XIC of the Competition and Consumer Act 2010; or
(e)
any other provision of the Competition and Consumer Act 2010, in so far as that provision applies to a matter connected with telecommunications.
For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.
access, in relation to an emergency call service, has a meaning affected by section 18.
ACMA means the Australian Communications and Media Authority.
ACMA’s telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005.
ACMA’s telecommunications powers means the powers conferred on the ACMA by:
(a)
this Act; or
(b)
the Telecommunications (Consumer Protection and Service Standards) Act 1999; or
(ba)
Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979; or
(c)
the Spam Act 2003; or
(ca)
the Do Not Call Register Act 2006; or
(d)
Part XIC of the Competition and Consumer Act 2010; or
(e)
section 12 of the Australian Communications and Media Authority Act 2005, in so far as that section relates to the ACMA’s telecommunications functions.
ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.
administrative action, when used in Part 24B, has the meaning given by subsection 484J(2).
adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
aircraft includes a balloon.
ASIO means the Australian Security Intelligence Organisation.
Australia, when used in a geographical sense, includes the eligible Territories.
Australian number has the same meaning as in the Do Not Call Register Act 2006.
authorised infringement notice officer means:
(a)
the Chair of the ACMA; or
(b)
a member of the staff of the ACMA appointed under section 572L; or
(c)
the Chairperson of the ACCC; or
(d)
a member of the staff of the ACCC appointed under section 572L.
base station that is part of a terrestrial radiocommunications customer access network has the meaning given by section 34.
broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
building lot has the meaning given by section 372Q.
building unit has the meaning given by section 372S.
cabling licence means a licence granted under section 427.
carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy.
carriage service intermediary means a person who is a carriage service provider under subsection 87(5).
carriage service provider has the meaning given by section 87.
carrier means the holder of a carrier licence.
carrier licence means a licence granted under section 56.
carry includes transmit, switch and receive.
civil penalty provision means:
(a)
a provision of this Act (other than section 317ZB) that is declared by this Act to be a civil penalty provision; or
(b)
a provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that is declared by that Act to be a civil penalty provision; or
(c)
a provision of the Telecommunications (Interception and Access) Act 1979 that is declared by that Act to be a civil penalty provision for the purposes of this Act.
commercial electronic message has the same meaning as in the Spam Act 2003.
communications includes any communication:
(a)
whether between persons and persons, things and things or persons and things; and
(b)
whether in the form of speech, music or other sounds; and
(c)
whether in the form of data; and
(d)
whether in the form of text; and
(e)
whether in the form of visual images (animated or otherwise); and
(f)
whether in the form of signals; and
(g)
whether in any other form; and
(h)
whether in any combination of forms.
Communications Access Coordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979.
connected, in relation to:
(a)
a telecommunications network; or
(b)
a facility; or
(c)
customer cabling; or
(d)
customer equipment;
includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication.
connection permit means a permit issued under section 394.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
content service has the meaning given by section 15.
content service provider has the meaning given by section 97.
contracted service provider: see subsections 484E(1) and (2).
controlled carriage service has the meaning given by section 14.
controlled facility has the meaning given by section 14.
controlled network has the meaning given by section 14.
customer cabling has the meaning given by section 20.
customer equipment has the meaning given by section 21.
data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
defence purposes means any one or more of the following:
(a)
the operation of command or control systems;
(b)
the operation, direction or use of a defence organisation;
(c)
the operation of intelligence systems;
(d)
the collection or dissemination of information relevant to the security or defence of:
(i)
the Commonwealth; or
(ii)
a foreign country that is allied or associated with the Commonwealth;
(e)
the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat;
(f)
any other matter specified in the regulations.
demerged Telstra company has the meaning given by section 581J.
designated part of the spectrum has the meaning given by section 577H.
designated radiocommunications facility has the meaning given by section 31.
designated Telstra successor company: see section 581G.
Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.
directory assistance services means services that are:
(a)
provided to an end‑user of a standard telephone service to help the end‑user find the number of another end‑user of a standard telephone service; and
(b)
provided by an operator or by means of:
(i)
an automated voice response system; or
(ii)
another technology‑based system.
distinct places has the meaning given by section 36.
draft functional separation undertaking means a draft functional separation undertaking under Division 2 of Part 9 of Schedule 1.
draft migration plan means a draft migration plan under Subdivision B of Division 2 of Part 33.
eligible partnership means a partnership where each partner is a constitutional corporation.
eligible Territory means:
(a)
the Territory of Christmas Island; or
(b)
the Territory of Cocos (Keeling) Islands; or
(c)
an external Territory prescribed for the purposes of section 10.
emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service.
Note: Recognised person who operates an emergency call service is defined by section 19.
emergency call person means:
(a)
a recognised person who operates an emergency call service; or
(b)
an employee of such a person; or
(c)
an emergency call contractor; or
(d)
an employee of an emergency call contractor.
Note: Recognised person who operates an emergency call service is defined by section 19.
emergency call service means a service for:
(a)
receiving and handling calls to an emergency service number; and
(b)
transferring such calls to an emergency service or a service for despatching an emergency service.
For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call.
emergency service has the meaning given by subsection 466(1).
emergency service number has the meaning given by section 466.
exempt network‑user means:
(a)
a person:
(i)
who is entitled to use a network unit to supply a carriage service; and
(ii)
whose entitlement derives, directly or indirectly, from rights granted to a carrier; or
(b)
if:
(i)
a police force or service; or

(ii)
a fire service; or
(iii)
an ambulance service; or
(iv)
an emergency service (within its ordinary meaning) specified in the regulations;
(the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following:
(v)
communication between the members of the first force or service;
(vi)
communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv);
the first force or service.
For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service.
facility means:
(a)
any part of the infrastructure of a telecommunications network; or
(b)
any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.
fax marketing industry means an industry that involves carrying on a fax marketing activity (as defined by section 109C).
Federal Court means the Federal Court of Australia.
fibre‑ready facility has the meaning given by subsection 372W(1).
final functional separation undertaking means a final functional separation undertaking under Division 2 of Part 9 of Schedule 1.
final migration plan means a final migration plan under Subdivision B of Division 2 of Part 33.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
fixed‑line facility has the meaning given by section 372V.
fixed radiocommunications link has the meaning given by section 35.
functional fibre‑ready facility has the meaning given by subsection 372W(2).
Home Affairs Department means the Department administered by the Home Affairs Minister.
Home Affairs Minister means the Minister administering the Security of Critical Infrastructure Act 2018.
Home Affairs Secretary means the Secretary of the Home Affairs Department.
hybrid fibre‑coaxial network means a telecommunications network:
(a)
that is for use for the transmission of any broadcasting service; and
(b)
that is also capable of being used to supply an internet carriage service; and
(c)
the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end‑users.
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a)
the Inspector‑General of Intelligence and Security; or
(b)
any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
immediate circle has the meaning given by section 23.
importmeans import into Australia.
industry levy means levy imposed by the Telecommunications (Industry Levy) Act 2012.
infringement notice means an infringement notice under section 572E.
inspector has the meaning given by section 533.
integrated public number database scheme means the scheme in force under section 295A.
intercell hand‑over functions has the meaning given by section 33.
internet carriage servicemeans a carriage service that enables end‑users to access the internet.
internet service provider has the same meaning as in the Online Safety Act 2021.
Layer 2 bitstream service means a carriage service that is:
(a)
a Layer 2 bitstream service (within the ordinary meaning of that expression); and
(b)
a listed carriage service; and
(c)
supplied using a line to premises occupied or used by an end‑user.
For the purposes of determining the ordinary meaning of the expression used in paragraph (a), assume that Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange.
line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or 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 30.
listed carriage service has the meaning given by section 16.
marketing fax means:
(a)
a marketing fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number; or
(b)
a fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number, where, having regard to:
(i)
the content of the fax; and
(ii)
the presentational aspects of the fax;
it would be concluded that the purpose, or one of the purposes, of the fax is:
(iii)
to conduct opinion polling; or
(iv)
to carry out standard questionnaire‑based research.
member means a member of the ACMA (and does not include an associate member).
NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011. This definition does not apply to:
(a)
section 577BA; or
(b)
section 577BC; or
(c)
clause 17 of Schedule 1; or
(d)
Part 5 of Schedule 1.
network unit has the meaning given by Division 2 of Part 2.
nominated carriage service provider means a carriage service provider covered by a declaration in force under subsection 197(4) of the Telecommunications (Interception and Access) Act 1979.
nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force.
nominated carrier declaration means a declaration under section 81.
notifiable equipment has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
numbering plan has the meaning given by section 455.
numbering scheme means the scheme for planning and managing:
(a)
the numbering of carriage services in Australia; and
(b)
the use of numbers in connection with the supply of such services; and
(c)
the specification, allocation and issuing of numbers for that use.
numbering scheme manager: see subsection 454A(2).
numbering scheme principles: see subsection 454C(2).
optical fibre line means a line that consists of, or encloses, optical fibre.
owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons).
person includes a partnership.
point‑to‑multipoint service means a carriage service which allows a person to transmit a communication to more than one end‑user simultaneously.
project area for a real estate development project has the meaning given by section 372Q.
public body means:
(a)
the Commonwealth, a State or a Territory; or
(b)
an authority, or institution, of the Commonwealth, a State or a Territory; or
(c)
an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following:
(i)
the Commonwealth;
(ii)
a State;
(iii)
a Territory; or
(d)
an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following:
(i)
the Commonwealth;
(ii)
a State;
(iii)
a Territory.
public mobile telecommunications service has the meaning given by section 32.
radiocommunication has the same meaning as in the Radiocommunications Act 1992.
radiocommunications device has the same meaning as in the Radiocommunications Act 1992.
radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992.
radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.
real estate development project has the meaning given by section 372Q.
recognised person who operates an emergency call service has the meaning given by section 19.
recognised testing authority has the meaning given by section 409.
record‑keeping rule means a rule under section 529.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
remedial notice means a notice under subsection 372JA(2).
satellite‑based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite.
sell:
(a)
when used in relation to a building lot—has the meaning given by section 372T; or
(b)
when used in relation to a building unit—has the meaning given by section 372U.
sender identification has the meaning given by section 484C.
service provider has the meaning given by section 86.
service provider rules has the meaning given by section 98.
SMS Sender ID Register means the register established and maintained under section 484E.
spectrum has the same meaning as in the Radiocommunications Act 1992.
spectrum licence has the same meaning as in the Radiocommunications Act 1992.
spoofing sender identification has the meaning given by section 484D.
standard questionnaire‑based research means research that involves people being asked to answer one or more standard questions, but does not include:
(a)
opinion polling; or
(b)
research of a kind specified in the regulations.
standard telephone service has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
subdivision of an area of land has a meaning affected by section 372R.
subscription television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
telecommunications industry includes an industry that involves:
(a)
carrying on business as a carrier; or
(b)
carrying on business as a carriage service provider; or
(c)
supplying goods or services for use in connection with the supply of a listed carriage service; or
(d)
supplying a content service using a listed carriage service; or
(e)
manufacturing or importing customer equipment or customer cabling; or
(f)
installing, maintaining, operating or providing access to:
(i)
a telecommunications network; or
(ii)
a facility;
used to supply a listed carriage service.
Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy.
telecommunications service has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
telemarketing call means:
(a)
a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or
(b)
a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to:
(i)
the content of the call; and
(ii)
the presentational aspects of the call;
it would be concluded that the purpose, or one of the purposes, of the call is:
(iii)
to conduct opinion polling; or
(iv)
to carry out standard questionnaire‑based research.
telemarketing industry means an industry that involves carrying on a telemarketing activity (as defined by section 109B).
Telstra has the same meaning as in the Telstra Corporation Act 1991.
Telstra Infraco Limited means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed).
Telstra Limited means Telstra Limited (ACN 086 174 781), as the company exists from time to time (even if its name is later changed).
Telstra successor company: see section 581F.
this Act includes the regulations.
universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
vessel means a vessel or boat of any description, and includes:
(a)
an air‑cushion vehicle; and
(b)
any floating structure.

8Crown to be bound

(1)
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2)
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
(3)
The protection in subsection (2) does not apply to an authority of the Crown.

9Extra‑territorial application

This Act applies both within and outside Australia.

10Extension to external Territories

(1)
This Act extends to:
1. (a)
  the Territory of Christmas Island; and
2. (b)
  the Territory of Cocos (Keeling) Islands; and
3. (c)
  such other external Territories (if any) as are prescribed.
(2)
The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.

11Extension to offshore areas

(1)
This Act applies in relation to the offshore areas of:
1. (a)
  each of the States; and
2. (b)
  each of the eligible Territories;
as if references in this Act to Australia included references to those offshore areas. This subsection has effect subject to subsection (2).
(2)
The application of this Act in accordance with subsection (1) in relation to an offshore area extends only in relation to acts, matters and things touching, concerning, arising out of or connected with:
1. (a)
  the exploration of the continental shelf of Australia; or
2. (b)
  the exploitation of the resources of the continental shelf of Australia.
(3)
The application of this Act in accordance with subsection (1) in relation to an offshore area 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 offshore area for a reason touching, concerning, arising out of or connected with:
1. (a)
  the exploration of the continental shelf of Australia; or
2. (b)
  the exploitation of the resources of the continental shelf of Australia.
(4)
Subsection (3) does not, by implication, limit subsection (2).
(5)
In this section:
offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

11AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

12Act subject to Radiocommunications Act

(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 the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.

13Continuity of partnerships

For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.

14Controlled carriage services, controlled networks and controlled facilities

Controlled carriage services
(1)
For the purposes of this Act, if:
(a)
a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and
(b)
the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be;
the carriage service is a controlled carriage service of the carrier or the provider, as the case may be.
Controlled networks
(2)
For the purposes of this Act, if:
(a)
a carrier or carriage service provider operates a telecommunications network; and
(b)
the network satisfies the geographical test set out in subsection (4);
the network is a controlled network of the carrier or the provider, as the case may be.
Controlled facilities
(3)
For the purposes of this Act, if:
(a)
a carrier or carriage service provider operates a facility; and
(b)
the facility satisfies the geographical test set out in subsection (4);
the facility is a controlled facility of the carrier or provider, as the case may be.
Geographical test
(4)
For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if:
(a)
the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or
(b)
all of the following conditions are satisfied:
(i)
a person, or a group of persons, operates the network or the facility, as the case requires;
(ii)
the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications‑related business wholly or partly in Australia;
(iii)
the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service.
Definition
(5)
In this section:
telecommunications‑related business means a business that consists of, or includes:
(a)
supplying a carriage service; or
(b)
supplying goods or services for use in connection with the supply of a carriage service; or
(c)
supplying a content service; or
(d)
installing, maintaining, operating or providing access to:
(i)
a telecommunications network; or
(ii)
a facility.

15Content service

(1)
For the purposes of this Act, a content service is:
1. (a)
  a broadcasting service; or
2. (b)
  an on‑line information service (for example, a dial‑up information service); or
3. (c)
  an on‑line entertainment service (for example, a video‑on‑demand service or an interactive computer game service); or
4. (d)
  any other on‑line service (for example, an education service provided by a State or Territory government); or
5. (e)
  a service of a kind specified in a determination made by the Minister for the purposes of this paragraph.
(2)
The Minister may, by legislative instrument, make a determination for the purposes of paragraph (1)(e).

16Listed carriage services

(1)
For the purposes of this Act, the following carriage services are listed carriage services:
1. (a)
  a carriage service between a point in Australia and one or more other points in Australia;
2. (b)
  a carriage service between a point and one or more other points, where the first‑mentioned point is in Australia and at least one of the other points is outside Australia;
3. (c)
  a carriage service between a point and one or more other points, where the first‑mentioned point is outside Australia and at least one of the other points is in Australia.
(2)
For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else.
(3)
For the purposes of this section, a point that is:
1. (a)
  in the atmosphere; and
2. (b)
  in or below the stratosphere; and
3. (c)
  above Australia;
is taken to be a point in Australia.
(4)
For the purposes of this section, a point that is:
1. (a)
  on a satellite; and
2. (b)
  above the stratosphere;
is taken to be a point outside Australia.

18Access to an emergency call service

For the purposes of this Act, a person is taken not to have access to an emergency call service unless, in the event that the person attempts to place a call to the relevant emergency service number, the call can be established and maintained.

19Recognised person who operates an emergency call service

(1)
A reference in this Act to a recognised person who operates an emergency call service is a reference to a person who:
1. (a)
  operates an emergency call service; and
2. (b)
  is specified, in a written determination made by the ACMA for the purposes of this paragraph, as:
  1. (i)
    a national operator of emergency call services; or
  2. (ii)
    a regional operator of emergency call services.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(2)
A determination under paragraph (1)(b) is a notifiable instrument.
(3)
A person may be specified in a determination under paragraph (1)(b) even if the person does not operate an emergency call service at the time the determination is made.
(4)
Subsection (3) is enacted for the avoidance of doubt.

20Customer cabling

(1)
For the purposes of this Act, customer cabling means a line that, under the regulations, is treated as customer cabling.
(2)
Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network.
Note: Boundary of a telecommunications network is defined by section 22.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer cabling means a line that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network.

Note: Boundary of a telecommunications network is defined by section 22.

21Customer equipment

(1)
For the purposes of this Act, customer equipment means:
1. (a)
  any equipment, apparatus, tower, mast, antenna or other structure or thing; or
2. (b)
  any system (whether software‑based or otherwise);
that:
1. (c)
  is used, installed ready for use or intended for use in connection with a carriage service; and
2. (d)
  under the regulations, is treated as customer equipment;
but does not include a line.
(2)
Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network.
Note: Boundary of a telecommunications network is defined by section 22.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer equipment means:
1. (a)
  any equipment, apparatus, tower, mast, antenna or other structure or thing that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; or
2. (b)
  any system (whether software‑based or otherwise) that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network;
but does not include:
1. (c)
  a line; or
2. (d)
  equipment of a kind specified in regulations made for the purposes of this paragraph; or
3. (e)
  an apparatus, tower, mast, antenna or other structure or thing that is of a kind specified in regulations made for the purposes of this paragraph; or
4. (f)
  a system (whether software‑based or otherwise) that is of a kind specified in regulations made for the purposes of this paragraph.
Note: Boundary of a telecommunications network is defined by section 22.

22Customer cabling and customer equipment – boundary of a telecommunications network

(1)
For the purposes of sections 20, 21, 30, 349, 372B, 372C and 372V, the boundary of a telecommunications network is to be ascertained in accordance with the regulations.
(2)
Regulations made for the purposes of subsection (1) may deal with a matter by reference to any or all of the following:
1. (a)
  the terms of an agreement between 2 or more carriers, where the agreement is entered into for the purposes of those regulations;
2. (b)
  the terms of an agreement between 2 or more carriage service providers, where the agreement is entered into for the purposes of those regulations;
3. (c)
  the terms of an agreement between a carrier and a carriage service provider, where the agreement is entered into for the purposes of those regulations;
4. (d)
  the terms of an agreement between a carrier and a customer of the carrier, where the agreement is entered into for the purposes of those regulations;
5. (e)
  the terms of an agreement between a carriage service provider and a customer of the provider, where the agreement is entered into for the purposes of those regulations.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
If no regulations are in force for the purposes of subsection (1), then, for the purposes of sections 20, 21, 30, 349, 372B, 372C and 372V, the boundary of a telecommunications network is:
1. (a)
  in a case where a telecommunications network is used to supply a carriage service to an end‑user in a building by means of a line that enters the building—the point agreed between the customer and the carrier or carriage service provider who operates the telecommunications network, or, failing agreement:
  1. (i)
    if there is a main distribution frame in the building and the line is connected to the frame—the side of the frame nearest to the end‑user; or
  2. (ii)
    if subparagraph (i) does not apply but the line is connected to a network termination device located in, on or within close proximity to, the building—the side of the device nearest to the end‑user; or
  3. (iii)
    if neither subparagraph (i) nor (ii) applies but the line is connected to one or more sockets in the building—the side nearest to the end‑user of the first socket after the building entry point; or
2. (b)
  in a case where a telecommunications network is used to supply a carriage service to an end‑user by means of a satellite‑based facility that transmits to, or receives transmissions from, the point where the end user is located—the outer surface of the satellite‑based facility; or
3. (c)
  in a case where:
  1. (i)
    a telecommunications network is used to supply a carriage service to an end‑user; and
  2. (ii)
    paragraphs (a) and (b) do not apply;
the outer surface of the fixed facility nearest to the end‑user, where the facility is used, installed ready for use or intended for use to supply the carriage service.
(5)
If, immediately before 1 July 1997, the boundary of a telecommunications network used to supply a standard telephone service to an end‑user in a building by means of a line that enters the building is the side of a main distribution frame, or a telephone socket, nearest to the end‑user, paragraph (4)(a) has effect, on and after 1 July 1997, as if the customer and the carrier or carriage service provider who operates the network had agreed to the boundary at that point.
(6)
Subsection (5) does not prevent the customer and the carrier or carriage service provider agreeing to a boundary at a different point.
(7)
For the purposes of subsection (4), the building entry point is the point at which a line that is used to provide a carriage service to an end‑user in a building meets the outer surface of that building, immediately before entering the building.
(8)
In this section:
building includes a structure, a caravan and a mobile home.

23Immediate circle

(1)
For the purposes of this Act, a person’s immediate circle consists of the person, together with the following persons:
1. (a)
  if the person is an individual—an employee of the individual;
2. (b)
  if the person is a partnership—an employee of the partnership;
3. (c)
  if the person is a body corporate:
  1. (i)
    an officer of the body corporate;
  2. (ii)
    if another body corporate is related to the first‑mentioned body corporate (within the meaning of the Corporations Act 2001)—that other body corporate and an officer of that other body corporate;
4. (d)
  if the person is the Commonwealth:
  1. (i)
    an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;
  2. (ii)
    an officer or employee of the Commonwealth;
  3. (iii)
    a member of the Australian Defence Force;
  4. (iv)
    a member of the Australian Federal Police;
  5. (v)
    a member of the Parliament and a member of the staff of a member of the Parliament;
  6. (vi)
    a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;
5. (e)
  if the person is a State:
  1. (i)
    an authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;
  2. (ii)
    an officer or employee of the State;
  3. (iii)
    a member of the police force of the State;
  4. (iv)
    a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;
  5. (v)
    a person who holds or performs the duties of an office under a law of the State;
6. (f)
  if the person is a Territory:
  1. (i)
    an authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;
  2. (ii)
    an officer or employee of the Territory;
  3. (iii)
    a member of the police force of the Territory;
  4. (iv)
    a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;
  5. (v)
    a person who holds or performs the duties of an office under a law of the Territory;
7. (g)
  if the person is an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function):
  1. (i)
    a constituent member or an employee of the authority or institution;
  2. (ii)
    the Commonwealth;
  3. (iii)
    an officer or employee of the Commonwealth;
  4. (iv)
    a member of the Australian Defence Force;
  5. (v)
    a member of the Australian Federal Police;
  6. (vi)
    a member of the Parliament and a member of the staff of a member of the Parliament;
  7. (vii)
    a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;
  8. (viii)
    another authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;
8. (h)
  if the person is an authority or institution of the Commonwealth, being an authority or institution that carries on a business as a core function—a constituent member or an employee of the authority or institution;
9. (i)
  if the person is an authority or institution of a State (other than an authority or institution that carries on a business as a core function):
  1. (i)
    a constituent member or an employee of the authority or institution;
  2. (ii)
    the State;
  3. (iii)
    an officer or employee of the State;
  4. (iv)
    a member of the police force of the State;
  5. (v)
    a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;
  6. (vi)
    a person who holds or performs the duties of an office under a law of the State;
  7. (vii)
    another authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;
10. (j)
  if the person is an authority or institution of a State, being an authority or institution that carries on a business as a core function—a constituent member or an employee of the authority or institution;
11. (k)
  if the person is an authority or institution of a Territory (other than an authority or institution that carries on a business as a core function):
  1. (i)
    a constituent member or an employee of the authority or institution;
  2. (ii)
    the Territory;
  3. (iii)
    an officer or employee of the Territory;
  4. (iv)
    a member of the police force of the Territory;
  5. (v)
    a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;
  6. (vi)
    a person who holds or performs the duties of an office under a law of the Territory;
  7. (vii)
    another authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;
12. (l)
  if the person is an authority or institution of a Territory, being an authority or institution that carries on a business as a core function—a constituent member or employee of the authority or institution;
13. (m)
  if the person is a tertiary education institution:
  1. (i)
    a member of the governing body of the tertiary education institution;
  2. (ii)
    an officer or employee of the tertiary education institution;
  3. (iii)
    a student of the tertiary education institution;
14. (n)
  a person specified in a determination under subsection (2).
(2)
The Minister may, by legislative instrument, make a determination specifying persons for the purposes of paragraph (1)(n).
(3)
A determination under subsection (2) may be unconditional or subject to such conditions (if any) as are specified in the determination.
(4)
Paragraphs (1)(a) to (m) (inclusive) do not, by implication, limit subsections (2) and (3).
(5)
The Minister may, by legislative instrument, make a determination providing that a specified authority or specified institution is taken to carry on a business as a core function for the purposes of subsection (1).
(6)
The Minister may, by legislative instrument, make a determination providing that a specified authority or specified institution is taken not to carry on a business as a core function for the purposes of subsection (1).
(7)
A determination under subsection (2), (5) or (6) has effect accordingly.
(9)
For the purposes of this section, a person who holds or performs the duties of the office of Administrator of the Northern Territory is taken to be an officer of that Territory.
(10)
For the purposes of this section, the Australian Federal Police is taken to be the police force of the Australian Capital Territory.
(11)
In this section:
core function, in relation to an authority or institution, means a function of the authority or institution other than a secondary or incidental function.
director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
officer, in relation to a body corporate, includes a director, secretary, executive officer or employee of the body.
tertiary education institution means:
1. (a)
  a higher education institution (within the meaning of the Student Assistance Act 1973); or
2. (b)
  a technical and further education institution (within the meaning of that Act).

24Extended meaning of use

Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:
(a)
in isolation; or
(b)
in conjunction with one or more other things.

Part 2Network unitsDivision 1Simplified outline25Simplified outline

The following is a simplified outline of this Part:
• The object of this Part is to define the expression network unit.
• There are 4 types of network unit:
(a)
a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;
(b)
multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;
(c)
a designated radiocommunications facility;
(d)
a facility specified in a Ministerial determination.

Division 2Basic definition26Single line links connecting distinct places in Australia

(1)
If:
1. (a)
  a line link connects distinct places in Australia; and
2. (b)
  the distinct places are at least the statutory distance apart;
the line link is a network unit.
(2)
For the purposes of this section, the statutory distance is:
1. (a)
  500 metres; or
2. (b)
  if a longer distance, not exceeding 50 kilometres, is specified in the regulations—that longer distance.

27Multiple line links connecting distinct places in Australia

(1)
If:
1. (a)
  the same person owns, or the same persons own, 2 or more line links; and
2. (b)
  each of those line links connects distinct places in Australia; and
3. (c)
  the aggregate of the distances between the distinct places is more than the statutory distance;
each of those line links is a network unit.
Note: Statutory distance is defined by subsection (3).
(2)
If:
1. (a)
  the following conditions are satisfied in relation to 2 or more line links:
  1. (i)
    the owners of the line links are bodies corporate;
  2. (ii)
    the owners of the line links are all members of the same related company group; and
2. (b)
  each of those line links connects distinct places in Australia; and
3. (c)
  the aggregate of the distances between the distinct places is more than the statutory distance;
each of those line links is a network unit.
Note: Statutory distance is defined by subsection (3).
(3)
For the purposes of this section, the statutory distance is:
1. (a)
  5 kilometres; or
2. (b)
  if a longer distance, not exceeding 500 kilometres, is specified in the regulations—that longer distance.
(4)
In this section:
owner means legal or beneficial owner, and own has a corresponding meaning.
related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group.
(5)
For the purposes of this section, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.

28Designated radiocommunications facility

(1)
If a designated radiocommunications facility is used, or is for use, to supply a carriage service between a point in Australia and one or more other points in Australia, the facility is a network unit.
(2)
It does not matter whether the supply involves:
1. (a)
  the use of a satellite; or
2. (b)
  the use of a line or other facility outside Australia.
(3)
For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else.
(4)
For the purposes of this section, a point that is:
1. (a)
  in the atmosphere; and
2. (b)
  in or below the stratosphere; and
3. (c)
  above Australia;
is taken to be a point in Australia.
(5)
For the purposes of this section, a point that is:
1. (a)
  on a satellite; and
2. (b)
  above the stratosphere;
is taken to be a point outside Australia.

29Facilities specified in Ministerial determination

(1)
The Minister may, by legislative instrument, determine that a specified facility is a network unit for the purposes of this Act.
(2)
The determination has effect accordingly.
(4)
To avoid doubt, nothing in the other provisions of this Part limits the power conferred by subsection (1).

Division 3Related definitions30Line links

(1)
A line constitutes a line link.
(2)
If:
1. (a)
  a line is connected to another line; and
2. (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:
1. (a)
  the lines are connected to each other; or
2. (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.
(4A)
A line does not form part of any line link to the extent that the line is on the customer side of the boundary of a telecommunications network.
Note: Boundary of a telecommunications network is defined by section 22.
(5)
A facility other than a line does not form part of any line link.

31Designated radiocommunications facility

(1)
A reference in this Act to a designated radiocommunications facility is a reference to:
1. (a)
  a base station used, or for use, to supply a public mobile telecommunications service; or
2. (b)
  a base station that is part of a terrestrial radiocommunications customer access network; or
3. (c)
  a fixed radiocommunications link; or
4. (d)
  a satellite‑based facility; or
5. (e)
  a radiocommunications transmitter of a kind specified in a determination under subsection (2); or
6. (f)
  a radiocommunications receiver of a kind specified in a determination under subsection (3);
but does not include a reference to:
1. (g)
  a base station of a kind declared under subsection (5) to be exempt from this section; or
2. (h)
  a fixed radiocommunications link of a kind declared under subsection (5) to be exempt from this section; or
3. (i)
  a satellite‑based facility of a kind declared under subsection (5) to be exempt from this section.
Note 1: Public mobile telecommunications service is defined by section 32.
Note 2: Base station that is part of a terrestrial radiocommunications customer access network is defined by section 34.
Note 3: Fixed radiocommunications link is defined by section 35.
Note 4: Satellite‑based facility is defined by section 7.
(2)
The Minister may, by legislative instrument, make a determination for the purposes of paragraph (1)(e).
(3)
The Minister may, by legislative instrument, make a determination for the purposes of paragraph (1)(f).
(5)
The Minister may, by legislative instrument, make a declaration for the purposes of paragraph (1)(g), (h) or (i).
(7)
To avoid doubt, nothing in the other provisions of this Part limits a power conferred by subsection (2), (3) or (5).

32Public mobile telecommunications service

(1)
For the purposes of this Act, if:
1. (a)
  an end‑user can use a carriage service while moving continuously between places; and

1. (b)
  the 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
2. (c)
  the service is supplied by use of a telecommunications network that has intercell hand‑over functions; and
3. (d)
  the service is not an exempt service (as defined by subsection (2), (3) or (4));
the service is a public mobile telecommunications service.
(2)
For the purposes of this section, a carriage service is an exempt service if:
1. (a)
  the service is supplied by means of a telecommunications network (a primary network) that is connected to one or more line links or other facilities that, apart from this section, are eligible network units; and
2. (b)
  the principal function of the primary network is to supply carriage services between customer equipment connected to the primary network and other such equipment; and
3. (c)
  the supply of carriage services between such equipment and equipment connected to the network units is, at most, an ancillary function of the primary network; and
4. (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 the network units and other such equipment.
(3)
For the purposes of this section, a carriage service is an exempt service if the service is:
1. (a)
  a one‑way only, store‑and‑forward communications service; or
2. (b)
  a service that performs the same functions as such a service.
(4)
For the purposes of this section, a carriage service is an exempt service if all of the end‑users of the service are located at the same distinct place.
(5)
In this section:
eligible network unit means a network unit:
1. (a)
  that is owned by one or more carriers; or
2. (b)
  in relation to which a nominated carrier declaration is in force.

33Intercell hand‑over functions

(1)
For the purposes of this Act, a telecommunications network is taken to have intercell hand‑over functions if, and only if:
1. (a)
  the facilities of the network include at least 2 base stations each of which transmits and receives signals to and from customer equipment (mobile equipment) that is:
  1. (i)
    used for or in relation to the supply of an eligible mobile telecommunications service; and
  2. (ii)
    located within a particular area (a cell); and
2. (b)
  the network includes the functions necessary to do the following while the network is carrying a communication made to or from particular mobile equipment:
  1. (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;
  2. (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)
For the purposes of this section, a carriage service is an eligible mobile telecommunications serviceif:
1. (a)
  an end‑user can use it while moving continuously between places; and
2. (b)
  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.

34When a base station is part of a terrestrial radiocommunications customer access network

(1)
For the purposes of this Act, a base station is part of a terrestrial radiocommunications customer access network if, and only if:
1. (a)
  the base station is part of a telecommunications network; and
2. (b)
  the base station is not an exempt base station (as defined by subsection (2)); and
3. (c)
  the base station is used, or for use, in connection with the supply of a carriage service; and
4. (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
5. (e)
  the service is wholly or principally used, or wholly or principally for use, by each end‑user:
  1. (i)
    at premises occupied or used by the end‑user; or
  2. (ii)
    in the immediate vicinity of those premises; and
6. (f)
  the network does not have intercell hand‑over functions; and
7. (g)
  the conditions (if any) specified in the regulations are satisfied; and
8. (h)
  the network is not an exempt network (as defined by subsection (3)).
(2)
For the purposes of paragraph (1)(b), a base station is an exempt base station if the sole use of the base station is use by a broadcaster to:
1. (a)
  supply broadcasting services to the public; or
2. (b)
  supply a secondary carriage service by means of the main carrier signal of a primary broadcasting service;
or both.
(3)
For the purposes of paragraph (1)(h), a network is an exempt network if:
1. (a)
  the network is used, or for use, for the sole purpose of supplying carriage services on a non‑commercial basis; or
2. (b)
  the network is of a kind specified in the regulations.
(4)
In this section:
broadcaster means:
1. (a)
  the Australian Broadcasting Corporation; or
2. (b)
  the Special Broadcasting Service Corporation; or
3. (c)
  the holder of a licence under the Broadcasting Services Act 1992; or
4. (d)
  a person who provides a broadcasting service under a class licence under the Broadcasting Services Act 1992.

35Fixed radiocommunications link

(1)
For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where:
1. (a)
  the facility or combination is used, or for use, in connection with the supply of a carriage service between 2 or more fixed points by means of radiocommunication; and
2. (b)
  some or all of the communications carried by means of the facility or combination have the characteristic of double‑ended interconnection (as defined by subsection (3)); and
3. (c)
  the facility or combination does not consist of:
  1. (i)
    one or more base stations that are part of a terrestrial radiocommunications customer access network; or
  2. (ii)
    one or more base stations that would be part of such a network if paragraph 34(1)(h) had not been enacted.
(2)
For the purposes of this section, a fixed point is a fixed point on:
1. (a)
  land; or
2. (b)
  a building or structure on land.
(3)
For the purposes of this section, if:
1. (a)
  a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and
2. (b)
  the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds), by means of radiocommunication, between 2 or more fixed points; and
3. (c)
  the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds) over another line link or other facility that, apart from this section, is an eligible network unit;
the communication referred to in paragraph (b) has the characteristic of double‑ended interconnection.
(4)
In this section:
eligible network unit means a network unit:
1. (a)
  that is owned by one or more carriers; or
2. (b)
  in relation to which a nominated carrier declaration is in force.

Division 4Distinct places36Distinct places – basic rules

(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 37.
(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 38 and:
1. (a)
  the same person or persons is or are the principal user (as defined by section 39) of all the properties that together constitute that combined area; or
2. (b)
  because of a determination in force under section 40, 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 eligible Territory.
(5)
The later provisions of this Division have effect only for the purposes of this Division.

37Properties

(1)
An area of land is a property if:
1. (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
2. (b)
  no part of that area is subject to a lease granted by the holder of that title; and
3. (c)
  the title to the area is defined by reference to geographical coordinates.
(2)
If:
1. (a)
  there is a single freehold or leasehold title (as mentioned in paragraph (1)(a)) in relation to an area of land; and
2. (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:
1. (c)
  all of which is within the area referred to in paragraph (a) of this subsection; and
2. (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.
(4)
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 Division.
(5)
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.
(6)
In this section:
land includes premises and a part of premises, but does not include unalienated Crown land.
lease includes sublease and leasehold title has a corresponding meaning.

38Combined areas

(1)
2 contiguous properties form a combined area.
(2)
If:
1. (a)
  a property is contiguous with another property; and
2. (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.

39Principal user of a property

(1)
The principal user of a property is the person who:
1. (a)
  occupies the property; or
2. (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:
1. (a)
  together occupy a property; or
2. (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.

40Eligible combined areas

The Minister may, by legislative instrument, determine that specified combined areas are eligible combined areas for the purposes of paragraph 36(3)(b).

Part 3CarriersDivision 1Simplified outline41Simplified outline

The following is a simplified outline of this Part:
• The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless:
(a)
a nominated carrier declaration is in force in relation to the network unit; or
(b)
an exemption applies.
• Carrier licences are granted by the ACMA.
• The holder of a carrier licence is known as a carrier.
• If responsibility for a network unit is transferred from the owner of the unit to a carrier, the ACMA may make a nominated carrier declaration that declares the carrier to be the nominated carrier in relation to the unit.
• Carrier licences are subject to conditions.

Division 2Prohibitions relating to carriers42Network unit not to be used without carrier licence or nominated carrier declaration

(1)
If there is only one owner of a network unit, the owner of the network unit must not use the unit, either alone or jointly with one or more other persons, to supply a carriage service to the public, unless:
1. (a)
  the owner holds a carrier licence; or
2. (b)
  a nominated carrier declaration is in force in relation to the unit.
(2)
If there is only one owner of a network unit, the owner of the network unit must not allow or permit another person to use the unit to supply a carriage service to the public unless:
1. (a)
  the owner holds a carrier licence; or
2. (b)
  a nominated carrier declaration is in force in relation to the unit.
(3)
If there are 2 or more owners of a network unit, an owner of the network unit must not use the unit, either alone or jointly with one or more other persons, to supply a carriage service to the public, unless:
1. (a)
  the owner holds a carrier licence; or
2. (b)
  a nominated carrier declaration is in force in relation to the unit.
(4)
If there are 2 or more owners of a network unit, an owner of the network unit must not, either alone or together with one or more other owners, allow or permit another person to use the unit to supply a carriage service to the public unless:
1. (a)
  the owner holds a carrier licence; or
2. (b)
  a nominated carrier declaration is in force in relation to the unit.
(5)
A person who contravenes subsection (1), (2), (3) or (4) commits an offence punishable on conviction by a fine not exceeding 20,000 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.

43Continuing offences

A person who contravenes section 42 commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the contravention continues.

44Supply to the public

(1)
This section sets out the circumstances in which a network unit is taken, for the purposes of section 42, to be used to supply a carriage service to the public.
(2)
If:
1. (a)
  there is only one owner of a network unit; and
2. (b)
  no nominated carrier declaration is in force in relation to the unit; and
3. (c)
  any of the following conditions is satisfied:
  1. (i)
    the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the immediate circle of the owner of the unit;
  2. (ii)
    the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the immediate circle of the owner of the unit;
  3. (iii)
    the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the immediate circle of the owner of the unit;
the unit is used to supply a carriage service to the public.
(3)
If:
1. (a)
  there are 2 or more owners of a network unit; and
2. (b)
  no nominated carrier declaration is in force in relation to the unit; and
3. (c)
  any of the following conditions is satisfied:
  1. (i)
    the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the overlap of the immediate circles of the owners of the unit;
  2. (ii)
    the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the overlap of the immediate circles of the owners of the unit;
  3. (iii)
    the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the overlap of the immediate circles of the owners of the unit;
the unit is used to supply a carriage service to the public.
(4)
If:
1. (a)
  a nominated carrier declaration is in force in relation to a network unit; and
2. (b)
  any of the following conditions is satisfied:
  1. (i)
    the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the immediate circle of the nominated carrier in relation to the unit;
  2. (ii)
    the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the immediate circle of the nominated carrier in relation to the unit;
  3. (iii)
    the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the immediate circle of the nominated carrier in relation to the unit;
the unit is used to supply a carriage service to the public.
(5)
For the purposes of this section, a person is outside the overlap of the immediate circles of the owners of a network unit unless the person is:
1. (a)
  within the immediate circles of each of the owners of the unit; or
2. (b)
  the owner, or one of the owners, of the unit.
(6)
For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister.
(7)
A determination under subsection (6) is a legislative instrument.

45Exemption – defence

(1)
If the sole use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes, section 42 does not apply to the unit.
(2)
If:
1. (a)
  the principal use of a network unit is use by, or on behalf of, a defence organisation to carry communications necessary or desirable for defence purposes; and
2. (b)
  the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services;
section 42 does not apply to the unit.
(3)
In this section:
defence organisation means:
1. (a)
  the Defence Department; or
2. (b)
  the Australian Defence Force; or
3. (c)
  an organisation of a foreign country, so far as the organisation:
  1. (i)
    has functions corresponding to functions of, or of a part of, the Defence Department or the Australian Defence Force; and
  2. (ii)
    is authorised by the Commonwealth to operate or train in Australia or an external Territory; or
4. (d)
  a part of such an organisation or body.

46Exemption – intelligence operations

Section 42 does not apply to a network unit that is used wholly or principally:
(a)
by the Australian Secret Intelligence Service; or
(b)
by the Australian Security Intelligence Organisation; or
(c)
by the Australian Signals Directorate.

47Exemption – transport authorities

(1)
Section 42 does not apply to a network unit if the sole use of the unit is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services.
(3)
Section 42 does not apply to a network unit if the sole use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of any or all of the following services:
1. (a)
  train services of a kind provided by the authority;
2. (b)
  bus or other road services of a kind provided by the authority;
3. (c)
  tram services of a kind provided by the authority.
(4)
Section 42 does not apply to a network unit if the sole use of the unit is use by a rail corporation to carry communications necessary or desirable for the workings of train services.
(5)
Section 42 does not apply to a network unit if:
1. (a)
  the principal use of the unit is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services; and
2. (b)
  the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services.
(7)
Section 42 does not apply to a network unit if:
1. (a)
  the principal use of the unit is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of any or all of the following services:
  1. (i)
    train services of a kind provided by the authority;
  2. (ii)
    bus or other road services of a kind provided by the authority;
  3. (iii)
    tram services of a kind provided by the authority; and
2. (b)
  the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services.
(8)
Section 42 does not apply to a network unit if:
1. (a)
  the principal use of the unit is use by a rail corporation to carry communications necessary or desirable for the workings of train services; and
2. (b)
  the remaining use of the unit is use by one or more carriers, or by one or more exempt network‑users, to supply carriage services and/or content services.
(9)
In this section:
rail corporation means a body corporate that manages or operates either or both of the following:
1. (a)
  rail transport services;
2. (b)
  rail transport infrastructure.

48Exemption – broadcasting services

(1)
If :
1. (a)
  the sole use of a network unit is use to carry communications that are necessary or desirable for either or both of the following purposes:
  1. (i)
    the supply of broadcasting services to the public;
  2. (ii)
    the supply of a secondary carriage service by means of the main carrier signal of a primary broadcasting service; and
2. (b)
  the unit does not consist of, or include, a facility used to carry communications between:

Decisions under the scheme
(2)
Before making a decision under the scheme, the ACMA may consult such persons as the ACMA considers appropriate and have regard to any submissions made by those persons because of that consultation.

Subdivision BMinisterial instruments295NCriteria for deciding authorisation applications

(1)
The Minister must, by legislative instrument, specify criteria for deciding authorisation applications made under the integrated public number database scheme.
(2)
The Minister may specify different criteria for different kinds of authorisation applications.
(3)
In deciding an authorisation application, the ACMA:
1. (a)
  must apply the criteria applicable to that application; and
2. (b)
  may have regard to any other matters that it thinks are relevant.

295PConditions

(1)
The Minister may, by legislative instrument, do either or both of the following:
1. (a)
  determine that all authorisations under the integrated public number database scheme are granted subject to specified conditions;
2. (b)
  determine that a specified kind of authorisation under that scheme is granted subject to specified conditions.
(2)
An authorisation under that scheme is granted subject to any condition specified in an instrument under this section that is applicable to that authorisation.
Note 1: An authorisation may also be granted subject to conditions imposed in accordance with that scheme: see section 295F.
Note 2: Section 295R creates an offence for breaching a condition of an authorisation.

295QOther reviewable decisions

The Minister may, by legislative instrument, specify decisions under the integrated public number database scheme for the purposes of paragraph 1(md) of Schedule 4.

Subdivision CEnforcing compliance with conditions of authorisations295ROffence of breaching a condition

A person commits an offence if:
(a)
the person is the holder of an authorisation under the integrated public number database scheme; and
(b)
the person does an act or omits to do an act; and
(c)
the act or omission breaches a condition of the authorisation.
Penalty: 60 penalty units.

295SRemedial directions for breaching a condition

(1)
This section applies if the ACMA is satisfied that a person has contravened, or is contravening, a condition of an authorisation in force under the integrated public number database scheme.
(2)
The ACMA may give the person a written direction requiring the person to take specified action directed towards ensuring that the person does not contravene the condition, or is unlikely to contravene the condition, in the future.
(3)
A person must not contravene a direction under subsection (2).
(4)
Subsection (3) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
(5)
A direction given under subsection (2) is not a legislative instrument.

295TFormal warnings for breaching a condition

The ACMA may issue a formal warning if the ACMA is satisfied that a person has contravened, or is contravening, a condition of an authorisation in force under the integrated public number database scheme.

Subdivision DReport to Minister295UReport to Minister

(1)
At the time an annual report prepared by the Chair of the ACMA is given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013, the ACMA must give the Minister a separate report on the following matters:
1. (a)
  the compliance by persons with authorisations granted under the integrated public number database scheme;
2. (b)
  any other matter relating to the operation of that scheme that the ACMA considers appropriate.
(2)
The ACMA is not required to include in the separate report any material:
1. (a)
  that is of a confidential nature; or
2. (b)
  the disclosure of which is likely to prejudice the fair trial of a person.
(3)
The Minister must cause a copy of the separate report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the separate report.

Division 3BEmergency warnings295VUse or disclosure of information by emergency management persons

Likely emergencies
(1)
If an emergency management person believes on reasonable grounds that an emergency is likely to occur, the person may use or disclose relevant information (other than the names of persons) for a purpose connected with persons being alerted to that likely emergency.
Actual emergencies
(2)
If an emergency occurs, an emergency management person may use or disclose relevant information (other than the names of persons) for a purpose connected with persons being alerted to that emergency.
Testing
(3)
An emergency management person may use or disclose relevant information (other than the names of persons) for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
Other
(4)
An emergency management person may disclose relevant information (other than the names of persons) to another person for the purpose of the information being later used or disclosed for a purpose connected with persons being alerted to an emergency or a likely emergency.

295WUse or disclosure of information by other persons

Actual or likely emergencies
(1)
If information is disclosed to a person as permitted by subsection 295V(1) or (2) or this subsection, the person may use or disclose the information for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
Testing
(2)
If information is disclosed to a person as permitted by subsection 295V(3) or this subsection, the person may use or disclose the information for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
Other
(3)
If information is disclosed to a person as permitted by subsection 295V(4) or this subsection, the person may use or disclose the information for a purpose connected with persons being alerted to an emergency or a likely emergency.

295XEffect on telecommunications network

In using or disclosing information that is permitted by section 295V or 295W, a person must take reasonable steps to ensure that the use or disclosure does not adversely affect the operation of a telecommunications network.

295YCoronial and other inquiries

The disclosure of relevant information to:
(a)
a coronial inquiry; or
(b)
another inquiry specified by the AFP Minister, by legislative instrument, for the purposes of this paragraph;
in relation to an emergency or likely emergency is taken, for the purposes of this Division, to be a disclosure for a purpose connected with persons being alerted to the emergency or likely emergency concerned.

295ZOffence – use or disclosure of information by emergency management persons

An emergency management person commits an offence if:
(a)
the person uses or discloses relevant information; and
(b)
the use or disclosure is not permitted under section 295V.
Penalty: Imprisonment for 2 years.

295ZAOffence – use or disclosure of information by other persons

(1)
A person commits an offence if:
1. (a)
  information is disclosed to the person as permitted by subsection 295V(1) or (2) or 295W(1); and
2. (b)
  the person uses or discloses the information; and
3. (c)
  the use or disclosure referred to in paragraph (b) of this subsection is not for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
Penalty: Imprisonment for 2 years.
(2)
A person commits an offence if:
1. (a)
  information is disclosed to the person as permitted by subsection 295V(3) or 295W(2); and
2. (b)
  the person uses or discloses the information; and
3. (c)
  the use or disclosure referred to in paragraph (b) of this subsection is not for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
Penalty: Imprisonment for 2 years.
(3)
A person commits an offence if:
1. (a)
  information is disclosed to the person as permitted by subsection 295V(4) or 295W(3); and
2. (b)
  the person uses or discloses the information; and
3. (c)
  the use or disclosure referred to in paragraph (b) of this subsection is not for a purpose connected with persons being alerted to an emergency or a likely emergency.
Penalty: Imprisonment for 2 years.

295ZBReports of access

(1)
If an emergency management person discloses relevant information, the person must give a written report to the AFP Minister and to the ACMA that covers the following matters:
1. (a)
  if the disclosure occurred under subsection 295V(1) or (2)—a description of the emergency or likely emergency concerned and its location;
2. (b)
  in any case—the number of telephone numbers that were disclosed and the day that disclosure occurred;
3. (c)
  in any case—the number of persons to whom the emergency management person disclosed those numbers and the purpose of each disclosure.
(2)
The emergency management person must give the report to the AFP Minister and to the ACMA as soon as practicable after the last disclosure referred to in paragraph (1)(c) of this section occurs (disregarding section 295Y).

295ZCAnnual reports to the ACMA and Information Commissioner

If an emergency management person discloses relevant information during a financial year, the person must, within 2 months after the end of that financial year, give a written report to the ACMA and to the Information Commissioner that covers the following matters in relation to each such disclosure:
(a)
if the disclosure occurred under subsection 295V(1) or (2)—a description of the emergency or likely emergency concerned and its location;
(b)
in any case—the number of telephone numbers that were disclosed and the day that disclosure occurred;
(c)
in any case—the number of persons to whom the emergency management person disclosed those numbers and the purpose of each disclosure (whether the disclosure occurred in that financial year or the following financial year).

295ZDArrangements with States and Territories

(1)
The AFP Minister may make arrangements with a Minister of a State or a Territory with respect to the performance of functions or duties, or the exercise of powers, by an emergency management person under this Division.
(2)
An instrument by which an arrangement under this section is made is not a legislative instrument.

295ZECommonwealth immunity

No action, suit or proceeding lies against the Commonwealth in relation to loss, damage or injury to any person or property as a result of the use or disclosure of relevant information:
(a)
for a purpose connected with persons being alerted to an emergency or a likely emergency; or
(b)
for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.

Division 4Secondary disclosure/use offences296Performance of person’s duties

If:
(a)
information or a document is disclosed to a person for a particular purpose as permitted by section 279 or this section; and
(b)
the information or the contents of the document does not relate to the person’s affairs or personal particulars;
the person must not disclose or use the information or document except for that purpose.

297Authorisation by or under law

If information or a document is disclosed to a person for a particular purpose as permitted by section 280 or this section, the person must not disclose or use the information or document unless the disclosure or use is required or authorised by or under law.

299Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman

(1)
If information or a document is disclosed to a person as permitted by subsection 284(1) or this subsection, the person must not disclose or use the information or document except for the purpose of, or in connection with, the carrying out of the ACMA’s functions and powers.
(1A)
If information or a document is disclosed to a person as permitted by subsection 284(1A) or this subsection, the person must not disclose or use the information or document except for the purpose of, or in connection with, the carrying out of the eSafety Commissioner’s functions and powers.
(2)
If information or a document is disclosed to a person as permitted by subsection 284(2) or this subsection, the person must not disclose or use the information or document except for the purpose of, or in connection with, the carrying out of the ACCC’s telecommunications functions and powers.
(3)
If information or a document is disclosed to a person as permitted by subsection 284(3) or this subsection, the person must not disclose or use the information or document except for the purpose of, or in connection with, assisting the Telecommunications Industry Ombudsman in the consideration of a complaint made to the Telecommunications Industry Ombudsman.
Note: Section 284 deals with the disclosure or use of information or documents to assist the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman.

299AIntegrated public number database

Public number directory
(1)
If:
(a)
information or a document is disclosed to a person as permitted by subsection 285(1A); and
(b)
the disclosure is for a purpose covered by subparagraph 285(1A)(c)(ii);
then:
(c)
during the period the person holds an authorisation in force under the integrated public number database scheme in relation to the information or document—the person must not disclose or use the information or document except for that purpose; and
(d)
if the person does not hold such an authorisation—the person must not disclose or use the information or document.
Research
(2)
If:
(a)
information or a document is disclosed to a person as permitted by subsection 285(1A); and
(b)
the disclosure is for a purpose covered by subparagraph 285(1A)(c)(iv);
then:
(c)
during the period the person holds an authorisation in force under the integrated public number database scheme in relation to the information or document—the person must not disclose or use the information or document except for that purpose; and
(d)
if the person does not hold such an authorisation—the person must not disclose or use the information or document.
(3)
If information or a document is disclosed to a person for a particular purpose as permitted by subsection (2) or this subsection, the person must not disclose or use the information or document except for that purpose.

300Threat to person’s life or health

(1)
This section applies if:
1. (a)
  information or a document is disclosed to a person (the first person) as permitted by section 287 or this section; and
2. (b)
  the information or the contents of the document relate to the affairs or personal particulars (including any unlisted telephone number or any address) of another person.
(2)
The first person must not disclose or use the information or document unless:
1. (a)
  it is unreasonable or impracticable to obtain the other person’s consent to the disclosure or use; and
2. (b)
  either of the following apply:
  1. (i)
    the disclosure or use is for the purpose of, or in connection with, preventing or lessening a serious threat to the life or health of a person;
  2. (ii)
    the first person believes on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious threat to the life or health of a person.
Note: Section 287 deals with the disclosure or use of information or documents by a person where the person believes on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious threat to the life or health of a person.

301Communications for maritime purposes

If information or a document is disclosed to a person as permitted by section 288 or this section, the person must not disclose or use the information or document unless:
(a)
the disclosure or use is reasonably necessary for the purpose of the preservation of human life at sea; or
(b)
the disclosure or use:
(i)
relates to the location of a vessel at sea; and
(ii)
is made for maritime communications purposes.
Note: Section 288 deals with the disclosure or use of information or documents where the disclosure or use is made for certain maritime purposes.

302Business needs of other carriers or service providers

If information or a document is disclosed to a person as permitted by section 291 or this section, a person must not disclose or use the information or document except for:
(a)
the purpose of, or in connection with, the carrying on by:
(i)
a carrier; or
(ii)
a service provider;
of its business as such a carrier or provider; and
(b)
the purpose of, or in connection with:
(i)
the supply, or proposed supply, by a carrier or service provider of a carriage service or a content service; or
(ii)
the supply, or proposed supply, by a carrier or service provider of goods or services for use in connection with the supply of a carriage service or a content service; or
(iii)
the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by a carrier or service provider to supply a carriage service or a content service to a person.
Note: Section 291 deals with the disclosure or use of information or documents for the purposes of a carrier or a service provider carrying on its business as such a carrier or provider.

302ALocation dependent carriage services

(1)
If information or a document is disclosed to a person as permitted by section 291A or this subsection, a person must not disclose or use the information or document except for the purpose of, or in connection with, the supply, or proposed supply, by a person of a location dependent carriage service.
Note: Section 291A deals with the disclosure or use of information or documents for the purposes of the supply, or proposed supply, by a person of a location dependent carriage service.
(2)
In this section:
location dependent carriage service means a carriage service that depends for its provision on the availability of information about the addresses of end users of the carriage service.

303Secondary offence – contravening this Division

A person who contravenes this Division commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note: See also sections 4AA and 4B of the Crimes Act 1914.

303AGenerality of Division not limited

Nothing in this Division limits the generality of anything else in it.

Division 4ARelationship with the Privacy Act 1988303BActs taken to be authorised by this Act for purposes of Privacy Act

(1)
If a disclosure or use of information by a person would be prohibited by Division 2 apart from a provision of Division 3, the disclosure or use is taken for the purposes of the Privacy Act 1988, and of a registered APP code (as defined in that Act), to be authorised by this Act.
(2)
If a disclosure or use of information by a person would be prohibited by a provision of Division 4 apart from the fact that the disclosure or use is covered by an exception in that provision to the prohibition, the disclosure or use is taken for the purposes of the Privacy Act 1988, and of a registered APP code (as defined in that Act), to be authorised by this Act.

303CProsecution of an offence against this Part does not affect proceedings under the Privacy Act 1988

(1)
The prosecution of an offence against Division 2 or 4 of this Part for disclosure or use of information or a document does not prevent civil proceedings or administrative action from being taken under the Privacy Act 1988 or a registered APP code (as defined in that Act) in relation to the disclosure or use.
(2)
This section applies regardless of the outcome of the prosecution.
(3)
This section does not affect the operation of section 49 of the Privacy Act 1988.

Division 5Record‑keeping requirements304Associate

A reference in this Division to an associate of a carrier, carriage service provider or number‑database operator is a reference to:
(a)
an employee of the carrier, provider or operator; or
(b)
a person (other than an employee) who performs services for or on behalf of the carrier, provider or operator; or
(c)
an employee of a person covered by paragraph (b).

305Authorisations under the Telecommunications (Interception and Access) Act 1979

(1)
This section applies if:
1. (a)
  a carrier, carriage service provider or number‑database operator; or
2. (b)
  an associate of a carrier, carriage service provider or number‑database operator;
is notified of an authorisation made under Division 4 or 4A of Part 4‑1 of the Telecommunications (Interception and Access) Act 1979.
Note: Section 184 of the Telecommunications (Interception and Access) Act 1979 deals with notification of such authorisations.
(2)
The carrier, carriage service provider or number‑database operator must retain the notification for 3 years.

306Record of disclosures – general

(1)
This section applies if:
1. (a)
  an eligible person or an eligible number‑database person discloses information or a document; and
2. (b)
  the disclosure is authorised by:
  1. (i)
    a provision of Division 3 (other than section 279, 285, 285A, 290, 291 or 291A); or
  2. (ii)
    section 177, 178 or 179, subsection 180(3) or section 180A of the Telecommunications (Interception and Access) Act 1979.
(2)
If the person is a carrier, carriage service provider or number‑database operator, the carrier, provider or operator must:
1. (a)
  make a record of the disclosure as soon as practicable after the disclosure and, in any event, within 5 days after the disclosure; and
2. (b)
  retain that record for 3 years.
(3)
If the person is an associate of a carrier, carriage service provider or number‑database operator, the person must:
1. (a)
  make a record of the disclosure as soon as practicable after the disclosure and, in any event, within 5 days after the disclosure; and
2. (b)
  give a copy of that record to the carrier, provider or operator within 5 days after the making of the record.
(4)
If a copy of a record is given to a carrier, carriage service provider or number‑database operator under subsection (3), the carrier, provider or operator must retain that copy for 3 years.
(5)
A record made under subsection (2) or (3) must set out:
1. (a)
  the name of the person who disclosed the information or document concerned; and
2. (b)
  the date of the disclosure; and
3. (c)
  a statement of the grounds for the disclosure; and
4. (ca)
  if the disclosure is required or authorised under a warrant and paragraph 280(1)(a) applies to the disclosure:
  1. (i)
    the provision of the law under which the warrant was issued; and
  2. (ii)
    the name of the person who issued the warrant; and
  3. (iii)
    the date of the issuing of the warrant; and
5. (cb)
  if the disclosure is required or authorised by or under law and paragraph 280(1)(b) applies to the disclosure—the provision of the law (besides paragraph 280(1)(b)) which required or authorised the disclosure; and
6. (d)
  if the disclosure is made on the grounds of an authorisation under the Telecommunications (Interception and Access) Act 1979:
  1. (i)
    the name of the person who made the authorisation; and
  2. (ii)
    the date of the making of the authorisation; and
7. (e)
  if paragraph (d) does not apply and the disclosure was at the request of another body or person:
  1. (i)
    the name of the body or person; and
  2. (ii)
    the date of the request; and
8. (f)
  if the information or document relates to the contents or substance of a communication that was carried by means of a carriage service—particulars of that carriage service; and
9. (g)
  if the information or document is or includes information of a kind specified in one or more items of the table specified in subsection (5A):
  1. (i)
    the numbers of those items; and
  2. (ii)
    a description of the content of those items to the extent that the content relates to the information or document.
(5A)
For the purposes of paragraph (5)(g), the specified table is:
1. (a)
  if a determination under subsection (5B) is in force—the table set out in that determination; or
2. (b)
  otherwise—the table in subsection 187AA(1) of the Telecommunications (Interception and Access) Act 1979.
(5B)
For the purposes of paragraph (5A)(a), the Minister may, by legislative instrument, make a determination setting out a table that specifies, in numbered items, kinds of information.
(6)
A record, or a copy of a record, may be made, given or retained under this section:
1. (a)
  in written form; or
2. (b)
  in electronic form.
(7)
A person who contravenes this section commits an offence punishable on conviction by a fine not exceeding 300 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.

306ARecord of disclosures – prospective authorisation under the Telecommunications (Interception and Access) Act 1979

(1)
This section applies if:
1. (a)
  an eligible person or an eligible number‑database person discloses information or a document; and
2. (b)
  the disclosure or disclosures are authorised by an authorisation under section 180 or 180B of the Telecommunications (Interception and Access) Act 1979 (in so far as the authorisation is of a kind referred to in subsection 180(2) or 180B(2) of that Act).
(2)
If the person is a carrier, carriage service provider or number‑database operator, the carrier, provider or operator must:
1. (a)
  make a record of the disclosure or disclosures as soon as practicable after the day on which the authorisation ceases to be in force and, in any event, within 5 days after that day; and
2. (b)
  retain that record for 3 years.
(3)
If the person is an associate of a carrier, carriage service provider or number‑database operator, the person must:
1. (a)
  make a record of the disclosure or disclosures as soon as practicable after the day on which the authorisation ceases to be in force and, in any event, within 5 days after that day; and
2. (b)
  give a copy of that record to the carrier, provider or operator within 5 days after the making of the record.
(4)
If a copy of a record is given to a carrier, carriage service provider or number‑database operator under subsection (3), the carrier, provider or operator must retain that copy for 3 years.
(5)
A record made under subsection (2) or (3) must set out:
1. (a)
  the name of the person or persons who made the disclosure or disclosures; and
2. (b)
  one of the following:
  1. (i)
    if only 1 disclosure is made because of the authorisation—the date of the disclosure;
  2. (ii)
    if more than 1 disclosure is made because of the authorisation—the date of the first disclosure and the date of the last disclosure; and
3. (c)
  a statement of the grounds for the disclosure or disclosures; and
4. (d)
  the name of the person who made the authorisation and the date of the making of the authorisation.
(6)
A record, or a copy of a record, may be made, given or retained under this section:
1. (a)
  in written form; or
2. (b)
  in electronic form.
(7)
A person who contravenes this section commits an offence punishable on conviction by a fine not exceeding 300 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.

307Incorrect records

(1)
A person must not, in purported compliance with section 306 or 306A, make a record of any matter or thing in such a way that it does not correctly record the matter or thing.
(2)
A person who contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a term not exceeding 6 months.
Note: See also sections 4AA and 4B of the Crimes Act 1914.

308Annual reports to the ACMA by carriers, carriage service providers or number‑database operators

(1)
If:
1. (a)
  information or a document is disclosed during a financial year; and
2. (b)
  either:
  1. (i)
    under section 306 or 306A, a carrier, carriage service provider or number‑database operator makes a record of the disclosure; or
  2. (ii)
    under section 306 or 306A, a carrier, carriage service provider or number‑database operator is given a copy of a record of the disclosure;
the carrier, carriage service provider or number‑database operator must, within 2 months after the end of the financial year, give the ACMA a written report relating to the disclosure.
(2)
The report must set out such information about the disclosure as the ACMA requires.

309Monitoring by the Information Commissioner

(1)
In addition to the functions conferred on the Information Commissioner by the Privacy Act 1988, the Information Commissioner has the function of monitoring compliance with this Division.
(1A)
The function conferred on the Information Commissioner by subsection (1) is a privacy function for the purposes of the Australian Information Commissioner Act 2010.
(2)
In particular, the function conferred on the Information Commissioner by subsection (1) includes monitoring:
1. (a)
  whether a record made under section 306 or 306A sets out a statement of the grounds for a disclosure; and
2. (b)
  whether that statement is covered by Division 3 of this Part or Chapter 4 of the Telecommunications (Interception and Access) Act 1979 (which deal with exceptions).
(3)
A carrier, carriage service provider or number‑database operator must give the Information Commissioner such access to the records of the carrier, provider or operator as the Information Commissioner reasonably requires for the purposes of the performance of the function conferred by subsection (1).
(4)
The Information Commissioner may give the Minister a written report about any matters arising out of the performance of the function conferred by subsection (1).

Division 6Instrument‑making powers not limited310Instrument‑making powers not limited

(1)
This Part does not, by implication, limit a power conferred by or under this Act to make an instrument.
(2)
This Part does not, by implication, limit the matters that may be dealt with by codes or standards referred to in Part 6.
(3)
This section does not, by implication, limit subsection 33(3B) of the Acts Interpretation Act 1901.