Commonwealth of Australia
Telecommunications Act 1997
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2000)
I, Richard KENNETH ROBERT Alston, Minister for Communications, Information Technology and the Arts, make the following Declaration under subsection 63(5) of the Telecommunications Act 1997.
Dated 14 July 2000.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
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Commencement
1. This Declaration commences on gazettal.
Variation
2. The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 is varied as set out in this Declaration.
Note: The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 was published in the Gazette on 30 June 1997. It has since been varied by the following Declarations:
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 1998) (published in the Gazette on 4 March 1998).
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 1999) (published in the Gazette on 24 February 1999).
Carrier Licence Conditions (Telstra Corporation Limited) Declaration (Amendment No. 2 of 1999) (published in the Gazette on 7 December 1999).
Provision of information about carriage services provided in extended charging zones (new clause)
3. After clause 15, insert:
“Provision of information about carriage services provided in extended charging zones
16. (1) In this clause:
extended charging zone has the meaning given by section 16 of the Telstra Public Switched Telephone Service Standard Form of Agreement, as in force at 31 December 1999.
extended charging zone service information is any information in relation to carriage services provided by the licensee as at 31 December 1999 in any extended charging zone that is relevant to another person in deciding whether to offer, or on what terms to offer, to provide those services in relation to any tender process conducted by the Commonwealth for the provision of carriage services in an extended charging zone.
(2) If the Minister gives the licensee a notice in writing which specifies particular extended charging zone service information, the licensee, within 14 days or such longer period as is specified in the notice, must provide the information specified in that notice to the Commonwealth in the manner and in the format specified in the notice.
(3) The licensee consents to the provision by the Commonwealth of extended charging zone service information specified in a notice given under subclause (2) to the following persons for purposes relating to any tender process conducted by the Commonwealth for the provision of carriage services in an extended charging zone:
(a) any advisers to the Commonwealth in relation to the conduct of the tender process; and
(b) any person entitled to submit a tender in the tender process.”.
Overview
The Telecommunications Act 1997, enacted by the Commonwealth Parliament, seeks to regulate the telecommunications industry in Australia, ensuring that services are provided efficiently and fairly. One significant aspect of the Act is its provision for carrier licences, which grant telecommunications companies the authority to operate within specified conditions. To address specific operational needs and regulatory adjustments, the Act allows for amendments to be made through legislative instruments, such as the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2000). This amendment, made under the authority of the Minister for Communications, Information Technology and the Arts, introduces a new clause requiring Telstra to provide certain service information about carriage services in extended charging zones to the Commonwealth. The policy objective here is to facilitate transparent and competitive tender processes for the provision of carriage services, ensuring that all relevant information is available to potential bidders and advisors.
Scope and Application
The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2000) amends the conditions of Telstra Corporation Limited’s carrier licence under the Telecommunications Act 1997. This legislative instrument applies specifically to Telstra Corporation Limited, a significant telecommunications carrier in Australia. The amendment introduces new obligations concerning the provision of information about carriage services in extended charging zones. Telstra must provide specified information upon request from the Minister, which can then be shared with advisers and tenderers in Commonwealth tender processes for carriage services. This amendment extends the jurisdictional reach of the Act to include the disclosure of service information in extended charging zones, impacting how Telstra must interact with the Commonwealth in tender processes. Notably, the amendment does not specify any exclusions or exemptions, and its application is limited to the particular obligations introduced by the new clause concerning extended charging zone service information. The scope of this amendment is further extendable or restricted through subsequent subordinate instruments, ensuring the Act remains adaptable to changing regulatory needs.
Key Provisions
The main operative sections of this Declaration, specifically clause 16, introduce a new requirement for Telstra Corporation Limited, the licensee, to provide specific information about carriage services provided in extended charging zones. This information, termed "extended charging zone service information," must be supplied to the Commonwealth within 14 days of receiving a written notice from the Minister, unless a longer period is specified in the notice. The information must be provided in the manner and format specified by the Minister. Furthermore, Telstra consents to the Commonwealth sharing this information with certain parties involved in tender processes for carriage services in extended charging zones.
The obligations imposed on Telstra under this Declaration include timely and accurate provision of the specified information about carriage services provided in extended charging zones. Upon receiving a notice from the Minister, Telstra must ensure that the information is delivered within the stipulated timeframe and in the specified format. Additionally, Telstra must consent to the Commonwealth sharing the provided information with advisors and tenderers involved in the Commonwealth's tender processes for carriage services in extended charging zones.
Failure to comply with the requirements set out in this Declaration may lead to legal consequences. Although the specific penalties are not detailed in the Declaration, breaches of the obligations under the Telecommunications Act 1997 generally attract significant civil or criminal penalties, reflecting the seriousness of non-compliance with regulatory standards. The penalties may include fines, enforcement actions, or other legal measures deemed appropriate by the relevant authorities.