Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005
No. 119, 2005
An Act to amend the law relating to telecommunications, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Industry development plans
Telecommunications Act 1997
Schedule 2—Industry codes
Telecommunications Act 1997
Schedule 3—Numbering plans
Telecommunications Act 1997
Schedule 4—Penalties for breaches of the competition rule
Trade Practices Act 1974
Schedule 5—Enforcement of conditions and limitations of exemption determinations and orders
Trade Practices Act 1974
Schedule 6—Variation and revocation of exemption determinations
Trade Practices Act 1974
Schedule 7—Procedural Rules
Trade Practices Act 1974
Schedule 8—Any‑to‑any connectivity
Telecommunications Act 1997
Schedule 9—Long‑term interests of end‑users
Trade Practices Act 1974
Schedule 10—Enforceable undertakings
Telecommunications Act 1997
Schedule 11—Operational separation of Telstra
Telecommunications Act 1997
Trade Practices Act 1974
Schedule 12—Interim determinations about access
Trade Practices Act 1974
Schedule 13—Remedial directions
Telecommunications Act 1997
Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005
No. 119, 2005
An Act to amend the law relating to telecommunications, and for other purposes
[Assented to 23 September 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 23 September 2005 |
2. Schedule 1 | The day after this Act receives the Royal Assent. | 24 September 2005 |
3. Schedule 2 | The 28th day after the day on which this Act receives the Royal Assent. | 21 October 2005 |
4. Schedules 3 to 6 | The day after this Act receives the Royal Assent. | 24 September 2005 |
5. Schedule 7, items 1 to 3 | The day after this Act receives the Royal Assent. | 24 September 2005 |
6. Schedule 7, item 4 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 23 March 2006 |
7. Schedule 7, items 5 to 12 | The day after this Act receives the Royal Assent. | 24 September 2005 |
8. Schedule 7, item 13 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 23 March 2006 |
9. Schedule 7, items 14 to 19 | The… |
Overview
The Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 (No. 119, 2005) was enacted to address various issues and gaps in the telecommunications sector, including competition and consumer protection. The Act amends the Telecommunications Act 1997 and the Trade Practices Act 1974, introducing significant changes to industry development plans, industry codes, numbering plans, penalties for competition rule breaches, and enforcement mechanisms. Additionally, it modifies procedures for varying and revoking exemption determinations and orders, establishes enforceable undertakings, and details operational separation requirements for Telstra. The policy objective of this Act is to enhance competition, protect consumers, and ensure efficient use and investment in telecommunications infrastructure. It was enacted by the Parliament of Australia.
Scope and Application
The Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 is an Australian Commonwealth Act that amends various existing telecommunications and trade practices legislation. The Act applies to a range of entities, including telecommunications carriers, service providers, and the Australian Competition and Consumer Commission (ACCC). The primary focus of the Act is to enhance competition and consumer protection in the telecommunications industry. Key amendments include changes to industry codes, penalties for competition law breaches, and provisions for the enforcement of conditions and limitations of exemption determinations. The amendments also introduce new requirements for any-to-any connectivity, which ensures that end-users can communicate across different telecommunications networks. Additionally, the Act makes modifications to the long-term interests of end-users, enforceable undertakings, and the operational separation of Telstra. The geographic reach of the Act is national, as it pertains to the Commonwealth jurisdiction. The Act does not explicitly state any exclusions or thresholds, but its provisions are designed to address specific issues within the telecommunications sector. The application of the Act can be extended or restricted through subordinate instruments, such as Procedural Rules, which are made under the authority of the Act and can be modified or displaced by the Commission.
Key Provisions
- The Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 (the "Act") amends various telecommunications and trade legislation to address competition and consumer issues within the telecommunications industry. Key provisions of the Act include amendments to the Telecommunications Act 1997 and the Trade Practices Act 1974, among others. The Act introduces changes to industry development plans, industry codes, numbering plans, penalties for breaches of competition rules, and operational separation of Telstra, among other things.
- Section 1 of the Act amends the Telecommunications Act 1997 by repealing Part 2 of Schedule 1, which dealt with industry development plans, and making certain transitional provisions. Section 2 of the Act further amends the Telecommunications Act 1997 by introducing provisions relating to industry codes, allowing directions and formal warnings to be issued in respect of replacement codes when certain conditions are met. Section 3 of the Act modifies the numbering plans provisions in the Telecommunications Act 1997, including changes to the criteria for minor variations and the time period for publishing notices relating to numbering plan variations.
- Section 4 of the Act amends the Trade Practices Act 1974 to increase penalties for breaches of the competition rule, with higher penalties applying for contraventions that continue for more than 21 days. Section 5 of the Act introduces new provisions for the enforcement of conditions and limitations of exemption determinations and orders, including provisions for judicial enforcement of these conditions and limitations. Section 6 of the Act modifies the variation and revocation of exemption determinations under the Trade Practices Act 1974.
- Section 7 of the Act amends the Trade Practices Act 1974 to introduce Procedural Rules for various aspects of the Act, including the practice and procedure to be followed by the Commission in performing functions and exercising powers under the Act. The section also includes provisions for public consultation and the development of a plan for the creation of Procedural Rules. Additionally, the section provides for the deferral of consideration of access undertakings and variations, as well as access disputes, by the Commission.
- The Act imposes obligations and requirements on various parties and entities governed by the amended legislation. For example, carriers must obtain designated interconnection services from carriage service providers to ensure any-to-any connectivity, and Telstra must prepare and submit draft operational separation plans and draft rectification plans to the Minister for approval. Additionally, the Australian Competition and Consumer Commission (ACCC) is required to give a written report to the Minister before a determination is made to declare a specified eligible service as a designated interconnection service.
- The Act also outlines various offences, penalties, and civil or criminal consequences for breaches. For example, contravening the competition rule can result in financial penalties of up to $31 million for each day in excess of 21 days that the contravention continues, or up to $10 million otherwise. Furthermore, contravening an enforceable undertaking can result in orders from the Federal Court directing compliance with the undertaking, compensation for loss or damage suffered as a result of the breach, or any other order the Court considers appropriate.
- Area of Law
- Telecommunications Law
- Competition Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers
- Civil Penalty Provisions
