Telecommunications Act 1989
No. 53 of 1989
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
3. General objects of Act
4. Interpretation—definitions
5. Interpretation—meaning of equipment etc. connected to network
6. Interpretation—meaning of person entitled to use satellite-based facilities operated by AUSSAT
7. Interpretation—meaning of cadastrally separated
8. Interpretation—meaning of supply under a class licence of value added service or private network service
9. Interpretation—meaning of customer equipment of same type
10. Interpretation—meaning of common interest
11. Extraterritorial operation of Act
12. Extension of Act to external Territories
13. Extension of Act to adjacent areas
14. Act binds the Crown
15. Act subject to Radiocommunications Act
PART 2—ESTABLISHMENT, FUNCTIONS AND POWERS OF AUSTEL
16. Establishment of AUSTEL
17. AUSTEL is body corporate etc.
18. General functions—overall responsibilities of AUSTEL
19. General functions—protection of carrier reservations
20. General functions—protection of competitors from unfair practices of carriers
21. General functions—protection of consumers from unfair practices of carriers
22. General functions—promotion of efficiency of carriers etc.
23. General functions—technical regulation
TABLE OF PROVISIONS—continued
Section
24. Other functions
25. General powers
26. AUSTEL and carriers to prevent use of networks and facilities in commission of offences
27. General governmental obligations of AUSTEL
28. Minister may notify AUSTEL of general policies of Commonwealth Government
29. Minister may give directions to AUSTEL
30. AUSTEL not otherwise subject to government direction
31. Consultation
32. Advisory committees
PART 3—REGULATION OF TELECOMMUNICATIONS NETWORKS
Division 1—Preliminary
33. Declaration of policy—infrastructure and networks
34. Declaration of policy—domestic satellite system
35. Declaration of policy—supply of facilities
36. Declaration of policy—supply of reserved services
Division 2—Telecommunications networks and facilities
37. Operation etc. of networks to supply telecommunications services between places within Australia otherwise than by satellite-based facilities
38. Operation etc. of networks to supply telecommunications services from and to Australia
39. Exceptions to reservation of networks to carriers
40. Boundaries of public switched telephone network—line running to customer land or premises
41. Boundaries of public switched telephone network—public switched mobile telephone service
42. Boundaries of networks generally
43. Supply etc. of facilities connected to carrier networks
44. Operation of satellite-based facilities
45. Earth-based facilities incidental to satellite services
46. Authorisations to supply etc. facilities within boundaries of a network
47. Supply etc. of first telephones
48. Supply etc. of public payphones
49. Carrier to make available networks and facilities to another carrier at direction of AUSTEL
50. Report by AUSTEL on provision of networks and facilities on reference by Minister
51. Report by AUSTEL on provision of networks and facilities on application by carrier
Division 3—Reserved services
52. Reserved services and value added services—the basic rule
53. Meaning of primary communications carriage
54. Functions necessary for purpose of primary communications carriage
55. Service delivery standards for purpose of primary communications carriage
56. Supply of reserved services within Australia otherwise than by satellite-based facilities
57. Supply of reserved services within Australia by satellite-based facilities
58. Approvals for supply of incidental services
Overview
The Telecommunications Act 1989, enacted by the Commonwealth Parliament, was introduced to comprehensively regulate the telecommunications industry in Australia, addressing issues related to the establishment, functions, and powers of the Australian Telecommunications Authority (AUSTEL), the regulation of telecommunications networks and services, and the technical regulation of customer equipment and cabling. The Act aims to ensure the efficient and equitable provision of telecommunications services, protect consumers from unfair practices, and promote competition and innovation within the telecommunications sector. By establishing AUSTEL, the Act seeks to centralise the regulation of the telecommunications industry, allowing for better oversight and implementation of industry policies. Additionally, the Act sets out specific rights and obligations for carriers and service providers, including the protection of reserved services and the introduction of class licences for value-added services and private network services, thereby facilitating a competitive market while safeguarding essential services. The overarching policy objectives of the Act are to enhance the efficiency of carriers, ensure fair market conduct, and support the expansion and modernisation of Australia's telecommunications infrastructure.
Scope and Application
The Telecommunications Act 1989 applies to telecommunications services, networks, and facilities within Australia, including its external territories, and to adjacent areas concerning the exploration or exploitation of the continental shelf's resources. The Act governs the operations and regulation of telecommunications services provided by designated carriers, including the exclusive rights and obligations of these carriers in supplying certain telecommunications services and maintaining network infrastructure. It establishes the Australian Telecommunications Authority (AUSTEL) to regulate and oversee the industry, ensuring efficiency, fair competition, and consumer protection. The Act also binds the Crown in right of the Commonwealth, states, Australian Capital Territory, Northern Territory, and Norfolk Island. Certain exceptions to the reservation of networks and services apply, such as networks used solely for specific purposes or by entities like the Australian National Railways Commission or broadcasters. The Act's provisions extend to ensuring the safety and quality of telecommunications services, the regulation of customer equipment and cabling, and the licensing of cabling service providers. AUSTEL has the authority to issue class licences for value-added services and private network services, manage the registration of such services, and determine technical standards. The Act also outlines procedures for investigations, complaints, and the reconsideration of AUSTEL's decisions, as well as the protection of AUSTEL and its officers from civil actions when acting in good faith. AUSTEL's functions and powers are subject to ministerial directions and the Radiocommunications Act 1983.
Key Provisions
- The Telecommunications Act 1989 sets forth the foundational structure and regulatory framework for the telecommunications industry in Australia. It establishes the Australian Telecommunications Authority (AUSTEL) and outlines its functions and powers. AUSTEL is tasked with the economic and technical regulation of the telecommunications industry, including implementing government policies, advising the industry, and reporting to the Minister. It also has the responsibility of protecting the integrity of networks reserved for carriers, ensuring fair market practices, and safeguarding consumers from unfair practices by carriers. The Act mandates the exclusive rights of certain carriers, such as Telecom, OTC, and AUSSAT, to supply specific telecommunications services and infrastructure within and outside Australia, subject to certain exceptions. It further regulates the supply of value-added services and private network services, ensuring they do not infringe on the carriers' exclusive rights and that they are used properly.
- The obligations imposed by the Act on the parties it governs include ensuring that telecommunications networks and facilities are not used in the commission of offences, and that AUSTEL consults with relevant bodies when performing its functions. The Act also requires carriers to make their networks and facilities available to other carriers under AUSTEL’s direction. It mandates the maintenance of separate accounting for certain services and prohibits carriers from discriminating against suppliers of value-added services or private network services. AUSTEL is responsible for determining technical standards for customer equipment and cabling, and for issuing permits for the connection of such equipment. The Act stipulates that any person performing cabling work must hold a valid licence, and that AUSTEL maintains registers for permits, licences, and registered services, which are open to public inspection.
- In terms of penalties and consequences for breach, the Act provides for civil and criminal repercussions. For instance, knowingly or recklessly connecting customer equipment to a telecommunications network without a valid permit, or performing cabling work without a licence, incurs a penalty of $12,000. AUSTEL has the authority to cancel permits or licences if conditions are breached, and such decisions can be subject to reconsideration and appeal. Additionally, carriers found in violation of certain provisions, such as those prohibiting discrimination or failing to connect services, may face injunctions, damages, or accounts of profits in actions brought by aggrieved parties. AUSTEL’s decisions on permit and licence applications, variations, and refusals can also be reconsidered, and certain acts done in good faith by AUSTEL or its officers are protected from civil actions. The Act also allows AUSTEL to obtain necessary information from carriers and includes provisions for the review of AUSTEL’s decisions by the Administrative Appeals Tribunal.
- Area of Law
- Telecommunications Law
- Regulatory Law
- Competition Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Compliance Obligations
- Prohibited Conduct
- Ministerial Directions
- Extraterritorial Application
