Telecommunications (Exempt Activities) Regulations (Cth)

   

Statutory

Rules1991No. 356 1

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Telecommunications (Exempt Activities) Regulations

  

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Telecommunications Act 1991.

 

 Dated 20 November 1991.

 

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

   

R. F. McMULLAN

Parliamentary Secretary to the Treasurer

for and on behalf of the

Minister of State for Transport and Communications

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Citation

1. These Regulations may be cited as the Telecommunications (Exempt Activities) Regulations.

  

Commencement

2. These Regulations commence on the day that section 116 of the Telecommunications Act 1991 commences.

 

Interpretation

3. In these Regulations, unless the contrary intention appears:

“Aboriginal person” has the same meaning as in the Aboriginal and Torres Strait Islander Commission Act 1989;

“Act” means the Telecommunications Act 1991;

“carrier” means a carrier referred to in regulation 4;

“Torres Strait Islander” has the same meaning as in the Aboriginal and Torres Strait Islander Commission Act 1989.

  

Specified carriers

4. For the purposes of subsection 116 (1) of the Act, the following carriers are specified:

(a)

a general carrier; and

(b)

a mobile carrier.

  

Exempt activities in which a carrier may engage despite State and Territory laws

 5.For the purposes of subsection 116 (1) of the Act, the following exempt activities are specified:

• (a)

  the construction by a carrier of:

   (i) a structure whose principal purpose will be to contain equipment that will be connected to a carrier’s telecommunications network; or

   (ii) a duct, trench or pit that will contain equipment or a line that will be connected to a carrier’s telecommunications network; or

   (iii) a facility; or

   (iv) a manhole and associated covering; or

   (v) a structure whose principal purpose will be to contain a public payphone; or

   (vi) a structure whose principal purpose will be to contain equipment that creates a power supply for the purposes of a carrier’s telecommunications network;

• (b)

  the maintenance, repair, refurbishment, alteration or demolition by a carrier of:

   (i) a structure whose principal purpose is to contain equipment that is connected to a carrier’s telecommunications network; or

     

   (ii) a duct, trench or pit that contains equipment or a line that is connected to a carrier’s telecommunications network; or

   (iii) a facility; or

   (iv) a manhole and associated covering; or

   (v) a structure whose principal purpose is to contain a public payphone; or

   (vi) a structure whose principal purpose is to contain equipment that creates a power supply for the purposes of a carrier’s telecommunications network;

• (c)

  the installation, certification, operation, maintenance, repair or removal by a carrier of any of the following that forms part of a carrier’s public telecommunications network:

   (i) telecommunications switching equipment;

   (ii) telecommunications exchange and transmission equipment;

 (iii) a line;

 (iv) an earth station;

 (v) a transmitter;

 (vi) a receiver;

 (vii) a power line;

 (viii) a transceiver;  

 (ix) a modem;

 (x) a line isolating device;

 (xi) a concentrator;

 (xii) testing equipment;

 (xiii) a multiplexer;

 (xiv) an antenna;

 (xv) an amplifier;

 (xvi) a repeater;

 (xvii) a power source and its method of distribution.

 

[NOTE: “Exempt activity” is defined in section 5 of the Act]

  

State and Territory laws that do not apply to carriers

6. For the purposes of subsection 116 (1) of the Act, a carrier may engage in the exempt activities set out in regulation 5 despite a law of a State or Territory about:

 

• (a)

  the assessment of the environmental effects of engaging in the exempt activity;

• (b)

  the protection of places or items of significance to Australia’s natural or cultural heritage, but not including provisions of the law that provide for the protection of places or items of significance to the cultural heritage of Aboriginal persons or Torres Strait Islanders;

• (c)

  town planning;

• (d)

  the planning, design, siting, construction, alteration or removal of a structure;

• (e)

  the powers and functions of a local government body;

• (f)

  the use of land;

• (g)

  tenancy;

• (h)

  the supply of fuel or power, including the supply and distribution of extra low voltage power systems, but not including provisions of the laws that provide for the supply of electricity at a voltage that exceeds that used for ordinary commercial or domestic requirements.

  

State and Territory laws that do not apply to Telecom and OTC Limited

7. (1)  For the purposes of subsection 116 (1) of the Act, and in addition to regulation 6, Telecom may engage in the exempt activities set out in regulation 5 despite a law of a State or Territory about the promotion or enforcement of occupational health and safety.

 (2)

For the purposes of subsection 116 (1) of the Act, and in addition to regulation 6, OTC Limited may engage in the exempt activities set out in regulation 5 despite a law of a State or Territory about the promotion or enforcement of occupational health and safety.

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NOTE

 

1. Notified in the Commonwealth of Australia Gazette