AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 56(1)
CARRIER LICENCE
I, Dominic Byrne, delegate of the Australian Communications and Media Authority, acting under subsection 56(1) of the Telecommunications Act 1997, grant a carrier licence to Yaran Property Group Pty Ltd (ACN 163 008 937).
Note: See Division 3 of Part 3 of the Telecommunications Act 1997 which provides for the conditions of a carrier licence and contains other provisions relating to those conditions. The Telecommunications Act 1997 is registered on the Federal Register of Legislation which may be accessed at www.legislation.gov.au.
Dated 4 March 2020
Dominic Byrne
Delegate of the Australian Communications and Media Authority
Overview
The Telecommunications Act 1997 was enacted to establish a comprehensive regulatory framework for telecommunications services in Australia. This legislation was introduced to address the need for a coordinated and efficient approach to managing the rapidly evolving telecommunications industry, ensuring access to reliable and quality services while promoting competition and innovation. The Act is administered by the Australian Communications and Media Authority (ACMA), which is tasked with the overarching policy objective of facilitating the growth and development of telecommunications networks and services in a manner that benefits consumers and the broader economy. Through the issuance of carrier licences, such as the one granted to Yaran Property Group Pty Ltd under subsection 56(1) of the Act, the ACMA ensures that telecommunications carriers comply with specified conditions and standards, thereby maintaining the integrity and effectiveness of Australia's telecommunications infrastructure.
Scope and Application
The Telecommunications Act 1997 applies to any person or entity wishing to operate as a telecommunications carrier in Australia. This encompasses a broad range of industries, including telecommunications service providers, infrastructure providers, and those involved in the transmission of telecommunications signals. The Act sets out the legal framework for the licensing of telecommunications carriers, specifying the conditions that must be met to obtain and maintain a carrier licence. The legislation operates at the Commonwealth level and has a national reach across Australia, affecting all telecommunications carriers operating within the country. The Act does not specify exclusions or exemptions explicitly, but it does provide for certain conditions and limitations on the issuance of carrier licences through its various provisions. Additionally, the Act may be extended or restricted in its application through subordinate instruments, such as regulations and guidelines issued by the Australian Communications and Media Authority. These instruments provide further detail on the implementation and enforcement of the Act, ensuring that telecommunications carriers comply with the necessary standards and regulations.
Key Provisions
The main operative sections of the Telecommunications Act 1997 relevant to the carrier licence granted to Yaran Property Group Pty Ltd include subsection 56(1) (subsection 56(1)), which permits the Australian Communications and Media Authority to issue a carrier licence. This licence allows Yaran Property Group Pty Ltd to provide telecommunications services within the scope and conditions outlined in the Act. Division 3 of Part 3 of the Act (Division 3, Part 3) provides further detail on the conditions that must be met for the carrier licence, including the technical standards, operational requirements, and any other stipulations the Authority may impose to ensure the quality and reliability of the services provided.
The obligations and requirements the Act imposes on Yaran Property Group Pty Ltd include adherence to the conditions specified in the carrier licence. These conditions may include meeting certain technical standards for network infrastructure, providing customer service standards, and complying with privacy and data protection laws. Yaran Property Group Pty Ltd must also ensure that their operations do not interfere with other telecommunications services and must maintain the integrity of the telecommunications network. Additionally, the company is required to submit regular reports to the Authority detailing their compliance with the licence conditions and any incidents or issues that may arise.
In terms of offences, penalties, and consequences for breach, the Act stipulates that failure to comply with the conditions of the carrier licence can result in a range of civil and criminal penalties. For minor breaches, Yaran Property Group Pty Ltd may face fines or corrective actions ordered by the Authority. More serious breaches, such as those that result in significant harm to consumers or compromise the security of the telecommunications network, can lead to more severe penalties. The Act does not specify maximum penalties within the text of the grant itself, but typically, serious breaches may result in fines of up to several million dollars for corporations, along with potential legal action and the possibility of the licence being revoked. Such outcomes underscore the importance of Yaran Property Group Pty Ltd maintaining strict compliance with all conditions and obligations outlined in their carrier licence.