Telecommunications Legislation Amendment Act 1999
No. 52, 1999
Telecommunications Legislation Amendment Act 1999
No. 52, 1999
An Act to amend the law relating to telecommunications, and for other purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments commencing on Royal Assent
Telecommunications Act 1997
Trade Practices Act 1974
Schedule 2—Amendments commencing not earlier than 1 January 1999
Telecommunications Act 1997
Schedule 3—Amendments commencing on the commencement of section 1 of the Telecommunications (Consumer Protection and Service Standards) Act 1999
Part 1—Amendments
Australian Communications Authority Act 1997
Australian Postal Corporation Act 1989
Legislative Instruments Act 1999
Sea Installations Act 1987
Telecommunications Act 1997
Telstra Corporation Act 1991
Trade Practices Act 1974
Part 2—Transitional provisions
Schedule 4—Amendments commencing on 1 July 1999
Part 1—Amendments
Telecommunications Act 1997
Trade Practices Act 1974
Part 2—Transitional provisions
Telecommunications Legislation Amendment Act 1999
No. 52, 1999
An Act to amend the law relating to telecommunications, and for other purposes
[Assented to 5 July 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications Legislation Amendment Act 1999.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), Schedule 2 commences on 1 January 1999.
(3) If the 28th day after the day on which this Act receives the Royal Assent is later than 1 January 1999, Schedule 2 commences on that 28th day.
(4) Subject to subsection (5), Schedule 3 commences on the commencement of section 1 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
(5) If the Legislative Instruments Act 1999 does not commence before the commencement of section 1 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, the amendments of the Legislative Instruments Act 1999 made by Schedule 3 commence immediately after the commencement of the Legislative Instruments Act 1999.
(6) Schedule 4 commences on 1 July 1999.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments commencing on Royal Assent
Telecommunications Act 1997
1 After subsection 246(2)
Insert:
(2A) To avoid doubt, there is only one Telecommunications Industry Ombudsman scheme, namely, the scheme operated by Telecommunications Industry Ombudsman Limited (ACN 057 634 787).
2 Subsection 564(3) (note 4)
After “obligations”, insert “, and certain ancillary obligations,”.
3 Subsection 571(3) (note 4)
After “obligations”, insert “, and certain ancillary obligations,”.
4 After clause 27 of Schedule 1
Insert:
27A Code relating to access to information
(1) The ACCC may, by written instrument, make a Code setting out conditions that are to be complied with in relation to the provision of information, or access to information, under clause 21, 22, 23, 24 or 25.
(2) A carrier…
Overview
The Telecommunications Legislation Amendment Act 1999 was enacted by the Australian Parliament to amend the law relating to telecommunications and to address certain gaps and issues within existing legislation. The Act sought to update and refine the regulatory framework governing telecommunications services, particularly in response to the evolving telecommunications market and the introduction of new services. One of the primary objectives of this legislation was to enhance competition and consumer protection within the telecommunications sector. It achieved this by introducing amendments to various Acts, including the Telecommunications Act 1997, the Trade Practices Act 1974, and others, to better align them with contemporary market realities and to provide clearer guidelines for regulatory bodies such as the Australian Competition and Consumer Commission (ACCC) and the Australian Communications Authority (ACA).
Scope and Application
The Telecommunications Legislation Amendment Act 1999 applies to various entities and industries within the telecommunications sector in Australia. This Act primarily amends the Telecommunications Act 1997, Trade Practices Act 1974, and other related Acts to enhance the regulation and monitoring of telecommunications services. It is a Commonwealth Act, meaning its jurisdiction extends across Australia. The Act is divided into several schedules, each containing amendments to different Acts and commencing on various dates. For instance, Schedule 1 contains amendments that commence on Royal Assent, while Schedule 2 and 3 contain amendments that commence on 1 January 1999 and the commencement of section 1 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, respectively. Schedule 4 contains amendments that commence on 1 July 1999. The Act does not explicitly state any exclusions or thresholds but allows for the creation of subordinate instruments to further extend or restrict its application.
Key Provisions
- The Telecommunications Legislation Amendment Act 1999 introduces several key provisions. Firstly, it amends the Telecommunications Act 1997 to clarify that there is only one Telecommunications Industry Ombudsman scheme, operated by Telecommunications Industry Ombudsman Limited. It also expands the scope of standard access obligations to include certain ancillary obligations. The Australian Competition and Consumer Commission (ACCC) is empowered to create Codes for information provision and consultation requirements, which carriers must comply with.
- In terms of obligations, carriers and carriage service providers must adhere to the new Codes set by the ACCC. They must also comply with any record-keeping rules and disclosure directions issued by the Commission. Furthermore, they are required to give the Commission access to reports and provide access to reports to the public or specified persons, as directed by the Commission. These entities must also comply with the self-incrimination provisions, which state that individuals cannot be excused from giving reports or making reports or extracts available on the ground that such actions might tend to incriminate them.
- The Act also imposes penalties for breaches. For example, a person who intentionally or recklessly contravenes a disclosure direction may be guilty of an offence and be subject to a fine not exceeding 20 penalty units. Similarly, a person who contravenes a term or condition specified in a direction concerning the availability of a report or extract may be guilty of an offence and be subject to a fine not exceeding 100 penalty units. These penalties underscore the importance of compliance with the provisions outlined in the Act.
- Additionally, the Act mandates that the Commission monitor and report on various matters relating to competition in the telecommunications industry, charges paid by consumers, and the adequacy of compliance by universal service providers and Telstra with certain regulations. It also imposes obligations on carriers and carriage service providers regarding the use of confidential information and compliance with standard access obligations. Furthermore, it outlines the role of the Commission in facilitating negotiations and the enforcement of directions related to such negotiations.
- In summary, the Telecommunications Legislation Amendment Act 1999 introduces a series of amendments aimed at clarifying the scope of the Telecommunications Industry Ombudsman scheme, expanding standard access obligations, empowering the ACCC to create Codes, and imposing specific obligations and penalties for compliance.
- Area of Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
- Licensing & Registration
- Transitional Provisions
