Telecommunications Regulations 2001
Statutory Rules No. 65, 2001
made under the
Telecommunications Act 1997
Compilation No. 17
Compilation date: 30 August 2019
Includes amendments up to: F2019L01049
Registered: 3 September 2019
About this compilation
This compilation
This is a compilation of the Telecommunications Regulations 2001 that shows the text of the law as amended and in force on 30 August 2019 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1.1 Name of Regulations
1.7 Definitions
1.7A Meaning of permitted research
Part 2—Network units
Part 3—Service provider determinations
Division 3.1—Preliminary
3.1 Purpose of Part
Division 3.2—Prepaid mobile carriage services
3.2 Prepaid mobile carriage services
Division 3.3—Premium services
3.12 Service provider determination for premium services
Division 3.4—Fixed or mobile voice or data carriage services
3.13 Fixed or mobile voice or data carriage services
Division 3.5—Telecommunications industry
3.14 Information relating to telecommunications industry
Part 4—Industry codes and industry standards
4.1 Industry codes—application of section 115 of the Act
4.2 Industry codes and industry standards—next‑generation broadband services and interference between certain services
Part 5—Protection of communications
Division 5.1—Specified circumstances
5.1A Disclosure of information to National Relay Service provider (Act s 292(1))
5.2 Disclosure of information by emergency call persons—research about emergency service numbers (Act s 292(3))
5.3 Disclosure of information—assistance to Royal Commission into Building and Construction Industry (Act s 292)
5.4 Disclosure of information—assistance to Royal Commission into whether there has been any corrupt or criminal conduct by Western Australian police officers
5.6 Disclosure of information—unlisted mobile number information
Division 5.2—Research authorisations
Subdivision 5.2.1—Introduction
5.7 Simplified outline of this Division
Subdivision 5.2.2—Application…
Overview
The Telecommunications Regulations 2001, enacted under the Telecommunications Act 1997, are a comprehensive set of regulations designed to address various aspects of telecommunications services in Australia. These regulations were introduced to fill gaps in the existing legislative framework, ensuring that the telecommunications industry operates efficiently, fairly, and in compliance with national standards and objectives. The Australian Communications and Media Authority (ACMA) is the primary body responsible for enforcing these regulations. One of the key policy objectives of these regulations is to protect consumer interests, particularly in the areas of service provision, privacy, and access to telecommunications services. They aim to provide a regulatory environment that supports innovation and competition while safeguarding public interest and ensuring the security and reliability of telecommunications networks.
Scope and Application
The Telecommunications Regulations 2001 are made under the Telecommunications Act 1997 and apply to a wide range of telecommunications services and practices within Australia. These regulations cover various aspects of the telecommunications industry, including the regulation of mobile and fixed-line services, the handling of unlisted mobile number information for research purposes, and the disclosure of information under specific circumstances. The regulations apply to service providers, carriers, and other entities involved in the supply of telecommunications services. They also cover practices related to the protection of communications, technical regulation, and the numbering and addressing of services. Notably, the regulations include provisions for the disclosure of information to the National Relay Service provider, research about emergency service numbers, and assistance to Royal Commissions. Additionally, the regulations establish a framework for the use of infringement notices as an alternative to court proceedings for certain offences. The application of these regulations is nationwide, impacting the entire telecommunications sector in Australia.
Key Provisions
- The Telecommunications Regulations 2001, made under the Telecommunications Act 1997, contain a variety of provisions that govern the telecommunications industry in Australia. The Regulations are divided into several parts, each addressing different aspects of the industry. The main operative sections include those related to the disclosure of information in specified circumstances, the protection of communications, and the procedure for the use of infringement notices. These sections require or permit certain actions, such as the disclosure of information to the National Relay Service provider or the use of infringement notices for alleged offences. The Regulations also impose obligations on parties such as service providers and research entities. For instance, service providers must verify customer identities and record certain information, while research entities must comply with strict conditions regarding the use and disclosure of unlisted mobile number information. These obligations include maintaining records, notifying authorities of any contraventions, and ensuring compliance with privacy laws. The Regulations establish various offences and penalties for breaches. For example, contraventions of authorisation conditions or unauthorised use or disclosure of information can result in offences with penalties of up to 10 penalty units. The Regulations also provide for the use of infringement notices as an alternative to court proceedings for certain offences, with the payment of a penalty discharging liability for the offence.
- Area of Law
- Telecommunications Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Enforcement Powers
- Research Authorisations
- Infringement Notices
- Privacy Law
- Regulatory Standards
