Statutory Rules
1989 No. 1521
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Telecommunications
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, hereby
make the following Regulations under the Telecommunications
Act 1989.
Dated
28 June 1989.
BILL HAYDEN
Governor-General
By
His Excellency’s Command,
R.
KELLY
Minister of State for
Telecommunications and Aviation Support
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Citation
1. These Regulations may be
cited as the Telecommunications Regulations.
Interpretation
2. In these Regulations,
unless the contrary intention appears:
“accreditation”
means the accreditation of a test house by AUSTEL;
“the
Act” means the Telecommunications Act
1989.
Accreditation
3. (1) An application for accreditation
may be made to AUSTEL by an operator or intending operator of a test house.
(2) An application must be
accompanied by the appropriate fee and may be in a form approved by AUSTEL for
the purpose.
(3) AUSTEL may grant
accreditation to an operator who applies under subregulation (1) if AUSTEL is
satisfied that the operator has the necessary competence and facilities to test
customer equipment satisfactorily.
(4) AUSTEL may grant
accreditation, without an application having been made, to:
(a)
a test house operated by Telecom; and
(b)
a test house recognised by Telecom before the commencement of these Regulations
as having the necessary competence and facilities to test customer equipment
satisfactorily.
(5) An accreditation
remains in operation for 3 years or such shorter period as AUSTEL determines.
Testing of customer equipment
4. Where a test house tests
customer equipment under its accreditation, it must test it for compliance with
technical standards determined by AUSTEL under subsection 106 (1) of the Act.
Records by test houses
5. (1) A test house must keep a
record of all testing done under its accreditation.
(2) A test house must, upon
request, make available for inspection and copying by AUSTEL all records kept
in accordance with subregulation (1).
(3) If AUSTEL approves a
form in which the records mentioned in subregulation (1) are to be kept, a test
house must keep the records in accordance with that form.
Review of decisions
6. (1) Application may be made to the Administrative Appeals Tribunal
for the review of a decision by AUSTEL to refuse an application under
regulation 3 or to determine a period under subregulation 3 (5).
(2) In this regulation, “decision”
has the same meaning as in the Administrative
Appeals Tribunal Act 1975.
Statement to accompany notification
of decision
7. (1) Where AUSTEL makes a decision of a kind referred to in
regulation 6 and gives a notice in writing of the decision to the person or
persons whose interests are affected by the decision, the notice must include:
(a)
a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,application may be made to the Administrative Appeals Tribunal for
review of the decision to which the notice relates by or on behalf of the
person or persons whose interests are affected by the decision; and
(b)
a statement to the effect that a person who is entitled to apply to the
Administrative Appeals Tribunal for the review of a decision may, under section
28 of that Act, request a statement that includes reasons for the decision.
(2) Paragraph (1) (b) does
not apply in relation to a case to which subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 applies.
(3) A contravention of
subregulation (1) in relation to a decision does not affect the validity of the
decision.
Limits of AUSSAT’s satellite
footprint
8. (1) For the purposes of
section 67 of the Act, the limits of AUSSAT’s satellite footprint as at the
commencement of section 59 of the Act are the limits of the area comprising:
(a)
Australia; and
(b)
the external Territories; and
(c)
the countries specified in the Schedule; and
(d)
the territorial waters and airspace of:
(i)
Australia; and
(ii)
the external Territories; and
(iii)
the countries specified in the Schedule; and
(e)
the seas and airspace between:
(i)
Australia and the external Territories; and
(ii)
Australia and the countries specified in the Schedule; and
(iii)
the external Territories and the countries specified in the Schedule; and
(iv)
each of the external Territories; and
(v)
each of the countries specified in the Schedule.
(2) In this regulation, “Australia”
does not include the external Territories.
Prescribed international
telecommunications supplier
9. For the purposes of
subsection 59 (3) of the Act, the Telecom Corporation of New Zealand Limited
and Telecom Networks and International Limited, bodies incorporated in New
Zealand under the Companies Act 1955 of New Zealand pursuant to the State-Owned
Enterprises Act 1986 of New Zealand, are prescribed international
telecommunications suppliers.
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SCHEDULESubregulation
8(1)
COUNTRIES WITHIN THE
LIMITS OF AUSSAT’S SATELLITE FOOTPRINT
American
Samoa
Cook
Islands
Federated
States of Micronesia
Fiji
French
Polynesia
Kiribati
Marshall
Islands
Nauru
New
Caledonia
New
Zealand
Niue
Papua
New Guinea
Solomon
Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis
and Futuna Islands
Western
Samoa
NOTE
1.
Notified in the Commonwealth of Australia
Gazette