Telecommunications Regulations (Cth)

Statutory Rules

1975 No. 131

REGULATIONS UNDER THE TELECOMMUNICATIONS ACT 1975.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Telecommunications Act 1975.

Dated this thirtieth day of June, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

R. BISHOP

Postmaster-General.

 

TELECOMMUNICATIONS REGULATIONS

Part I—Preliminary

Citation.

1. These Regulations may be cited as the Telecommunications Regulations.

Commencement.

2. These Regulations shall come into operation on the date fixed by Proclamation under sub-section 2 (2) of the Postal Services Act 1975.

Definitions.

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

“Council” means the Consultative Council established by sub-section 109 (1) of the Act;

“disciplinary appeal” means an appeal under section 62 of the Act;

“promotion appeal” means an appeal under section 51 of the Act;

“Review Tribunal” means a Review Tribunal established under regulation 31;

“Senior Chairman” means the Chairman of a Promotions Appeal Board appointed by the Minister under regulation 8 to be the Senior Chairman;

“the Act” means the Telecommunications Act 1975.

Part II—Preservation of Rights

Preservation of rights.

4. (1) This regulation applies to—

(a) a person appointed to the office of Managing Director, Chief General Manager or full-time Chairman of a Promotions Appeal Board; and

(b) a person appointed or deemed to have been appointed as an officer.

 

*Notified in the Australian Government Gazette on 30 June 1975.

 

(2) Where a person to whom this regulation applies was, immediately before he was so appointed, or became an officer, an officer of the Australian Public Service—

(a) he retains all his existing and accruing rights; and

(b) for the purpose of determining those rights, his service under the Act shall be taken into account as if it were service in the Australian Public Service.

Modification of Public Service Act.

5. For the purpose of enabling a person to whom regulation 4 applies to apply for promotion to an office in the Australian Public Service or appeal against a promotion to an office in that Service, section 50 of the Public Service Act 1922-1975 shall be read as if each reference in that section to an officer included a reference to such a person.

Part III—Promotions Appeal Boards

Prescribed circumstances under sub-section 51 (3) of the Act.

6. For the purposes of sub-section 51 (3) of the Act, an officer is absent from duty in prescribed circumstances if he is absent from duty on leave granted under by-law 54 or 55 of the Telecommunications (Staff) By-laws.

Appropriate organization.

7. (1) Subject to sub-regulation (2), the appropriate organization for the purposes of paragraph 53 (2) (c) of the Act in respect of a promotion appeal is the organization the rules of which provide that an officer who occupies the position to which the provisional promotion has been made is eligible for membership of that organization.

(2) Where each of 2 or more organizations has rules that provide that an officer who occupies the position to which a provisional promotion has been made is eligible for membership of that organization, the appropriate organization for the purposes of paragraph 53 (2) (c) of the Act in respect of a promotion appeal is the organization the membership of which includes the larger or largest number of officers occupying positions of the class to which the provisional promotion has been made.

Senior Chairman.

8. (1) One of the persons appointed by the Minister under sub-section 52 (1) of the Act to be a Chairman of a Promotions Appeal Board shall be appointed by the Minister to be the Senior Chairman.

(2) In addition to his duties as the Chairman of a Promotions Appeal Board the Senior Chairman shall—

(a) exercise general supervision over all Promotions Appeal Boards in Australia and be responsible for their effective operation:

(b) act as he considers necessary as the Chairman of a Promotions Appeal Board established to deal with a promotion appeal against a promotion to a senior position;

(c) act as required as the Chairman of a Promotions Appeal Board established to act as a central Promotions Appeal Board; and

(d) perform such other functions as are provided by these Regulations.

Procedure on appeal.

9.(1) A promotion appeal shall be made by letter or telegram posted or delivered to the appropriate office within the period that commences on the date on which the notification of the provisional promotion is published in the Gazette and ends at the close of business at that office on the twenty-first day after that date.

(2) The letter or telegram referred to in sub-regulation (1) shall specify the ground of appeal.

 

(3) Upon the expiration of the period referred to in sub-regulation (1), the person in charge of the appropriate office shall advise the Commission whether a promotion appeal has been lodged within that period and, if a promotion appeal has been so lodged, shall inform the Commission of the name of the appellant.

(4) For the purposes of sub-regulation (1), the appropriate office is the office of a Promotions Appeal Board for the State or Territory in which the office to which the provisional promotion is made is situated.

Conduct of inquiries.

10.Subject to these Regulations, in the conduct of an inquiry by a Promotions Appeal Board—

(a) the Board may inform itself in such manner as it thinks fit;

(b) the procedure to be followed shall be as determined by the Board;

(c) the Board is not bound by the rules of evidence; and

(d) the Board shall proceed without regard to legal forms or solemnities.

Parties in different States &c.

11. (1) Subject to regulations 12 and 14, where the parties to a promotion appeal perform their duties in more than one State or Territory, a Promotions Appeal Board shall be established in each such State or Territory to inquire into the claims of the party or parties performing duties in that State or Territory.

(2) Each Promotions Appeal Board referred to in sub-regulation (1) shall make a full inquiry into the claims of the party or parties, as the case requires, and shall furnish a report to the Promotions Appeal Board established to act as a central Promotions Appeal Board for the purposes of the appeal.

Duty in a State.

12. Where the Senior Chairman considers it desirable, he may, if it would not be contrary to the interests of any party to a promotion appeal, determine that a party to the appeal shall be deemed to perform his duties in such State as the Senior Chairman specifies.

Central Promotions Appeal Boards.

13. (1) The Commission shall, from time to time as required, arrange for the establishment of a Promotions Appeal Board to act as a central Promotions Appeal Board.

(2) A person shall not be a member of a Promotions Appeal Board acting as a central Promotions Appeal Board if that central Promotions Appeal Board is to examine a report made to it by a Promotions Appeal Board of which he was a member.

(3) A Promotions Appeal Board acting as a central Promotions Appeal Board shall, after examining the reports made to it by the several Promotions Appeal Boards referred to in regulation 11 and making such further inquiries (if any) as it thinks necessary into the claims of all the parties to the promotion appeal, determine the appeal.

Direction by Senior Chairman.

14. The Senior Chairman may direct that a promotion appeal shall be wholly dealt with and determined by a Promotions Appeal Board acting as a central Promotions Appeal Board for the purposes of the appeal.

Part IV—Disciplinary Appeal Boards

Nomination of member.

15. For the purposes of paragraph 63 (2) (c) of the Act, each person to be nominated to represent officers shall be a person nominated by the Council as a member of a Disciplinary Appeal Board under sub-regulation 16 (2).

 

Selection of nominee.

16. (1) Each appropriate organization shall, from time to time as required, submit to the Council a list containing the names of not more than 2 persons selected by the organization as candidates for nomination under sub-regulation (2).

(2) The representatives of organizations of officers and employees on the Council shall, from time to time as required, nominate, from the candidates referred to in sub-regulation (1), a person as a member of a Disciplinary Appeal Board to represent officers.

(3) In this regulation, “appropriate organization” means an organization whose members include officers.

Form of appeal.

17. A disciplinary appeal shall be made in writing and shall specify the ground of appeal.

Procedure on lodging appeal.

18. (1) A disciplinary appeal shall be made by letter or telegram posted or delivered to the appropriate office not later than 14 days after the date on which the appellant received notice of the decision, direction or refusal from which he is appealing.

(2) The Commission shall, within 7 days after receipt of a disciplinary appeal, refer the appeal to the Chairman of a Disciplinary Appeal Board and shall furnish the Chairman with the name of the officer nominated by the Commission to be the member of the Board referred to in paragraph 63 (2) (b) of the Act with respect to that appeal.

(3) Subject to sub-regulation (4), as soon as possible, and in any event not later than 7 days after the date of receipt of information of a disciplinary appeal, the Chairman of a Disciplinary Appeal Board shall fix a date, time and place for hearing the appeal and shall notify the Commission, the other members of the Board with respect tothe appeal and the appellant of the date, time and place so fixed.

(4) The Chairman of a Disciplinary Appeal Board shall, in fixing the date for the hearing of a disciplinary appeal, take into consideration the time that will necessarily be taken by the appellant, in travelling to the place of hearing and the time that can reasonably be expected it will take for the appellant to receive the notification referred to in sub-regulation (3).

(5) For the purposes of sub-regulation (1), the appropriate office is the principal office of the Commission in the State or Territory in which the appellant performs his duties.

Conduct of appeal.

19. Subject to these Regulations, in the hearing of a disciplinary appeal by a Disciplinary Appeal Board—

(a) the Board may inform itself in such manner as it thinks fit;

(b) the procedure to be followed shall be as determined by the Board;

(c) the Board is not bound by the rules of evidence; and

(d) the Board shall proceed without regard to legal forms or solemnities.

Public and private hearings.

20. A Disciplinary Appeal Board may direct that a disciplinary appeal shall be heard either in public or in private.

Witnesses.

21. (1) For the purposes of the hearing of a disciplinary appeal, the Chairman of a Disciplinary Appeal Board may—

(a) by writing under his hand, summon a person to appear at the hearing to give evidence and to produce such documents (if any) as are referred to in the summons; and

(b) administer an oath or affirmation.

 

(2) An officer shall not, without reasonable excuse—

(a) fail to attend at the hearing of a disciplinary appeal as required by a summons served on him

(b) refuse or fail to be sworn or to make an affirmation;

(c) refuse or fail to answer a question that he is required to answer by the Chairman of the Disciplinary Appeal Board hearing the appeal; or

(d) refuse or fail to produce a document that he was required to produce at the hearing by a summons served on him.

Penalty: $40.

(3) After payment or tender to him of an amount for his reasonable expenses, a person, not being an officer, shall not, without reasonable excuse—

(a) fail to attend at the hearing of a disciplinary appeal as required by a summons served on him;

(b) refuse or fail to be sworn or to make an affirmation;

(e) refuse or fail to answer a question that he is required to answer by the Chairman of the Disciplinary Appeal Board hearing the appeal; or

(d) refuse or fail toproduce a document that he was required to produce at the hearing by a summons served on him.

Penalty: $40.

(4) Nothing in this regulation shall be construed as requiring a person to answer a question where the answer would tend to incriminate him.

Representation at hearing.

22. At the hearing of a disciplinary appeal, the appellant or the Commission may be represented by counsel, a solicitor or agent who may examine witnesses and address the Disciplinary Appeal Board hearing the appeal on his or its behalf.

Evidence taken outside hearing.

23. (1) Where, by reason of the appellant or a witness residing or performing duties outside Australia or in a remote locality in Australia, or by reason of the expense, inconvenience or delay that would result, it appears to the Disciplinary Appeal Board hearing a disciplinary appeal that it is undesirable to require the appellant or witness to attend before the Board to give evidence at the hearing of the appeal, the Board may, by writing under the hand of the Chairman of the Board, appoint a fit and proper person to take the evidence of the appellant or witness.

(2) A person so appointed shall take the evidence of the appellant or witness on oath or affirmation, and for that purpose shall have all the powers of the Chairman of a Disciplinary Appeal Board.

(3) The appellant or the Commission shall be entitled to be represented by counsel, a solicitor or agent before a person appointed under sub-regulation (1) to take evidence for the purposes of the disciplinary appeal.

(4) Evidence taken under this regulation shall be certified under the hand of the person taking it and forwarded by him to the Disciplinary Appeal Board hearing the disciplinary appeal.

Copy documents to be furnished or inspected.

24. (1) Copies of all documents intended to be used at the hearing of a disciplinary appeal shall, where practicable, be furnished to the appellant by the Commission not later than 7 days before the date fixed for the commencement of the hearing.

(2) Where a copy of a document intended to be used at the hearing of a disciplinary appeal is not furnished to the appellant in accordance with sub-regulation (1), he is entitled to inspect that document.

 

Address of appellant unknown.

25. If the address for the time being of an appellant is unknown to the Commission and the Disciplinary Appeal Board hearing or to hear the disciplinary appeal, all notices, orders or other documents that are required under these Regulations to be furnished or given to the appellant shall be posted to the last-known address of the appellant, and compliance with this regulation shall be regarded as sufficient compliance with these Regulations.

Notification of finding.

26. As soon as practicable after a disciplinary appeal has been heard by a Disciplinary Appeal Board, the Chairman of the Board shall, in writing, notify the Commission of the decision, and the Commission shall forthwith, in writing, inform the appellant of the decision.

Officers’ expenses.

27. Where a disciplinary appeal is allowed by a Disciplinary Appeal Board, the Board may recommend to the Commission that the Commission pay the reasonable expenses, or a specified part of the reasonable expenses, incurred by the appellant in relation to the appeal, and where the Board so recommends, an amount equal to those expenses, or that part of those expenses, as the case may be, shall be paid by the Commission to the appellant.

Witnesses’ expenses.

28. (1) A witness at the bearing of a disciplinary appeal, notbeing an officer summoned on behalf of the Commission, shall, with the approval of the Chairman of the Disciplinary Appeal Board hearing the appeal, be paid an allowance by the Commission.

(2) The allowance referred to in sub-regulation (1) shall be an amount equal to the amount of salary or wages lost by the witness for the day or days of attendance at the hearing or, if the witness is not in receipt of salary or wages, an amount which would be reasonable having regard to the occupation of the witness and the time lost in attendance.

(3) Subject to sub-regulation (4), in addition to the allowance referred toin sub-regulation (1), a witness shall be entitled to be paid the cost of his conveyance to the hearing and reasonable travelling expenses.

(4) Subject to sub-regulation (5), the Commission shall not be required to pay travelling expenses or any other expenses incurred by a witness summoned by or on behalf of an appellant.

(5) Sub-regulation (4) does not apply in a case where the Disciplinary Appeal Board hearing the disciplinary appeal finds that the appellant was innocent of a charge made against him and the evidence given by the witness summoned by or on behalf of the appellant was, in the opinion of the Chairman of the Board material.

(6) All claims for witnesses’ expenses in connexion with the hearing of a disciplinary appeal shall be submitted to the Chairman of the Disciplinary Appeal Board hearing the appeal who shall furnish to the Commission certificates as to attendance and such other particulars as may be necessary to enable the Commission to assess the amounts to be paid under this regulation.

Costs.

29. If a Board is of the opinion that a disciplinary appeal was frivolous or vexatious, it may order that the appellant pay to the Commission an amount to be determined by the Board, such amount not to exceed the costs of the hearing as assessed by the Board, and the amount so ordered to be paid shall be recoverable from the appellant as a debt due to the Commission in any court of competent jurisdiction or may be deducted from salary otherwise payable to the appellant.

 

Application to employees.

30. The provisions of this Part extend, with necessary changes, to and in relation to an employee who—

(a) has been in continuous employ of the Commission for a period of not less than one year; or

(b) has been engaged by the Commission to serve for a period of not less than one year,

as if he were an officer.

Part V—Reviews under Division 5 of Part V of the Act

Review Tribunals.

31. For the purposes of the reviews of decisions of the Commission under section 55 or 56 of the Act, the Commission shall, from time to time, arrange for the establishment of such Review Tribunals as are required.

Constitution of Tribunal.

32. (1) A Review Tribunal shall, in relation to an application by an officer for a review of a decision of the Commission under section 55 or 56 of the Act, be constituted by—

(a) a Chairman, being a person who holds the office of Chairman of a Promotions Appeal Board;

(b) an officer nominated by the Commission for the purposes of the review; and

(c) an officer nominated, for the purposes of the review, by the organization that is the appropriate organization in respect of the review.

(2) An officer shall not be nominated by the Commission as a member of a Review Tribunal if that officer has been directly concerned with the decision that is the subject of the review.

(3) Subject to sub-regulation (4), the appropriate organization for the purposes of paragraph (1) (c) in respect of a review is the organization the rules of which provide that officers of the class to which the officer applying for the review belongs are eligible for membership of that organization.

(4) Where each of 2 or more organizations has rules that provide that officers of the class to which the officer applying for the review belongs are eligible for membership of that organization, the appropriate organization for the purposes of paragraph (1) (c) in respect of the review is the organization the membership of which includes the larger or largest number of officers of that class.

Application for review.

33. An officer affected by a decision of the Commission under section 55or 56 of the Act may, within 14 days after he receives notice of the decision, apply in writing addressed to the person in charge of the office of a Promotions Appeal Board for the State or Territory in which he performs his duties for a review of the decision.

Proceedings before Tribunal.

34. (1) A Review Tribunal shall undertake a full review of the decision of the Commission under section 55or 56 of the Act in relation to which the application for the review was made.

(2) Subject to this Part, in the conduct of a review by a Review Tribunal—

(a) the Tribunal may inform itself in such manner as it thinks fit;

(b) the procedure to be followed is within the discretion of the Tribunal;

(c) the Tribunal is not bound by the rules of evidence; and

(d) the Tribunal shall proceed without regard to legal forms or solemnities.

 

(3) A Review Tribunal shall, in conducting a review, take into account—

(a) whether it would be practicable and desirable to retrain the officer for some other position in the Service; and

(b) whether it would be practicable and desirable to retain the officer in the Service, having regard to the normal loss of staff employed by the Commission.

Recommendation by Tribunal.

35. (1) Where a Review Tribunal is of the opinion that any action taken under section 55 or 56 of the Act should receive further consideration by the Commission, it may recommend accordingly to the Commission and may advise the Commission of any action which, in its opinion, should be taken by the Commission in order to do justice to the merits of the application.

(2) The Commission shall, upon receipt of a recommendation and advice from a Review Tribunal under sub-regulation (1), give further consideration to the matter and may confirm the decision previously made by it or take such other action as it considers appropriate to give effect to the recommendation or advice of the Tribunal.

Part VI—Miscellaneous

Interception of information.

36. For the purposes of paragraph 86 (2) (b) of the Act, the prescribed circumstances are—

(a) the identifying or tracing of a person who has committed or is committing, or is believed to have committed or to be committing, an offence against section 87 or 88 of the Act;

(b) the identifying or tracing of a person who has committed or is committing, or is believed to have committed or to be committing, an offence against regulation 38; or

(c) the identifying or tracing of a person under the authority of a warrant issued by the Attorney-General or the Director-General of Security under regulation 37.

Issue of warrant authorizing interception of information.

37. (1) Subject to sub-regulation (2), for fee purposes of paragraph 36 (c), the Attorney-General or the Director-General of Security may, by warrant under his hand, authorize a person to intercept information passing over a telecommunications system for the purpose of identifying or tracing a person.

(2) The Attorney-General or the Director-General of Security shall not issue a warrant under sub-regulation (1) except—

(a) in circumstances in which, if the telecommunications system were the telephone system, he would have issued a warrant under section 6 or 7, as the case may be, of the Telephonic Communications (Interception) Act 1960-1975; and

(b) in accordance with the conditions prescribed by that Act in relation to the issue of a warrant under whichever of those sections is applicable.

(3) In this regulation—

“Director-General of Security” means the Director-General of Security holding office under the Australian Security Intelligence Organization Act 1956-1973;

“telecommunications system” does not include the telephone system;

“telephone system” has the same meaning as in the Telephonic Communications (Interception) Act 1960-1975.

 

Indecent &c., communications.

38. A person shall not—

(a) send over a telecommunications service an indecent, obscene or offensive communication; or

(b) use a telecommunications service for the purpose of harassing a person.

Penalty: $200 or imprisonment for 6 months, or both.

Use of words “Telecom Australia”.

39. (1) The Commission may, in connexion with the performance of its functions, operate under the name “Telecom Australia”.

(2) A person shall not assume or use the words “Telecom Australia” or any words resembling those words in connexion with any trade, business, calling, profession or undertaking or as the name or part of the name of any institution, premises, vehicle, vessel or craft.

Penalty: $200.

(3) Without limiting the generality of sub-regulation (2), the words “Telecom Australia” shall be deemed to have been assumed or used in connexion with a trade, business, calling, profession or undertaking if—

(a) they are used as the name or part of the name of any firm or company registered or incorporated in Australia; or

(b) they are applied (whether as a trade mark or otherwise) to any goods manufactured, produced, sold or offered for sale.

(4) The Registrar of Trade Marks, the Registrar of Designs, or the authority of a State or Territory who, under the law of that State or Territory, performs functions relating to the incorporation or registration of companies or business names, shall not register as a trade mark or as a design, or as the name of or part of the name of a company, or as or as part of a business name, as the case may be, the words the assumption or use of which would constitute an offence against sub-regulation (2).

Proof of rentals and charges.

40. Evidence of any rental or charge determined by the Commission under section 11 of the Act may be given in all courts by the production of the Gazette purporting to contain such a determination.

Evidence.

41. In proceedings for the recovery of an amount of rental or charge payable under the Act, a certificate purporting to be signed by an authorized person and stating that a specified amount of rental or charge payable under the Act has not been paid is prima facie evidence of the matters so stated.

Exemption of contractors from State laws.

42. (1) A person who, under a contract entered into with the Commission, is engaged in activity associated with any stage of the production of a telecommunications directory published, or to be published, by or under the authority of the Commission is not, by reason of his being or having been so engaged, subject to any requirement, obligation, liability, penalty or disability under a law of a State or Territory relating to the assertion of a right to payment from a person of a charge or fee for the making in a directory or other similar publication of an entry relating to the person or to his profession, business, trade or occupation.

(2) Without limiting the generality of sub-regulation (1), a person shall be deemed to have been engaged in activity associated with a stage of the production of such a telecommunications directory if he is engaged in—

(a) advertising, canvassing or soliciting in connexion with the directory; or

(b) compiling, printing, editing or publishing the directory.