Telecommunications Amendment Act 1993
No. 8 of 1993
An Act to amend the Telecommunications Act 1991
[Assented to 27 May 1993]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Telecommunications Amendment Act 1993.
(2) In this Act, “Principal Act” means the Telecommunications Act 19911.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Heading to Division 3 of Part 7
3. The heading to Division 3 of Part 7 is amended by omitting “General Carriers’” and substituting “Carriers’”.
Insertion of new sections
4. Before section 128 of the Principal Act the following sections are inserted in Division 3:
Land Access Code for carriers
“127A.(1) The Minister must by writing determine a Land Access Code that does one or more of the following:
(a) sets out procedures that carriers must follow in exercising powers under this Division relating to land;
(b) sets out procedures that carriers must follow in complying with obligations under this Division relating to owners or occupiers of land;
(c) sets out procedures to be followed for consultation between owners or occupiers of land and carriers if there is disagreement about:
(i) a carrier exercising powers relating to land under this Division; or
(ii) a carrier complying with obligations under this Division relating to owners or occupiers of land;
(d) sets out procedures to be followed for consultation between carriers concerning the sharing of facilities if carriers propose to install or construct new facilities in the vicinity of existing facilities.
“(2) A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Land Access Code binding on carriers
“127B. A carrier must, when exercising a power in relation to land under this Division, comply with the Code in force under section 127A.
AUSTEL may give directions about complying with Land Access Code
“127C. AUSTEL may give written directions to a carrier about how the carrier should comply with its obligations under section 127B.”.
Power to inspect land etc.
5. Section 128 of the Principal Act is amended by omitting from subsection (1) “general”.
Powers relating to installation of facilities etc.
6. Section 129 of the Principal Act is amended by omitting from subsections (1), (2), (3), (5) and (6) “general”.
Trees may be cut etc.
7. Section 130 of the Principal Act is amended by omitting from subsections (1), (2), (3) and (4) “general”.
A carrier may replace, repair and maintain facilities etc.
8. Section 131 of the Principal Act is amended by omitting from subsections (1), (2) and (3) “general”.
Subdivider to pay for necessary alterations
9. Section 132 of the Principal Act is amended by omitting from subsections (1) and (2) “general”.
Power extends to carrier’s employees etc.
10. Section 133 of the Principal Act is amended by omitting “general”.
Service of notices
11. Section 135 of the Principal Act is amended:
(a) by omitting from paragraphs (1)(a) and (b) “general”;
(b) by omitting from subsections (2) and (3) “general”.
Application
12. Section 347 of the Principal Act is amended by inserting after paragraph (f) the following paragraph:
“(fa) a direction under section 127C;”.
NOTE
1. No. 98, 1991, as amended. For previous amendments, see Nos. 145, 173 and 180, 1991; and Nos. 71, 105, 118, 167, 216 and 222, 1992.
[Minister’s second reading speech made in—
House of Representatives on 5 May 1993
Senate on 13 May 1993]
Overview
The Telecommunications Amendment Act 1993 was enacted by the Parliament of Australia to address deficiencies in the Telecommunications Act 1991 concerning the procedures for land access and installation of telecommunications facilities. This amendment aimed to provide clearer guidelines for carriers to follow when exercising their powers and fulfilling obligations related to land, thereby facilitating smoother interactions with land owners and occupiers. By introducing a Land Access Code, the Act sought to establish formal procedures for consultation and dispute resolution between carriers and land stakeholders, enhancing the regulatory framework governing telecommunications infrastructure deployment. The policy objective was to ensure that the installation and maintenance of telecommunications facilities could proceed efficiently while respecting the rights and interests of land owners and occupiers.
Scope and Application
The Telecommunications Amendment Act 1993 amends the Telecommunications Act 1991, primarily by altering the scope and application of the Act to better regulate the conduct of telecommunications carriers. The Act applies to all telecommunications carriers operating in Australia, encompassing their conduct and transactions related to land access and facility installation, maintenance, and repair. The Act has a national reach, being an Act of the Commonwealth of Australia, and thus applies across all states and territories. The Act extends its application through the establishment of a Land Access Code, which sets out specific procedures that carriers must follow when exercising powers or complying with obligations relating to land, and provides mechanisms for consultation and dispute resolution between carriers and landowners. The Minister is mandated to determine this Code, and Australian Communications and Media Authority (ACMA) may provide directions to carriers regarding compliance with the Code. The Act includes provisions for the service of notices and enforcement mechanisms to ensure compliance with the Code. The Act does not explicitly state any exclusions or exemptions, but it does extend its application through subordinate instruments, such as the determination of the Land Access Code by the Minister and directions issued by ACMA.
Key Provisions
The Telecommunications Amendment Act 1993 introduces several significant changes to the Telecommunications Act 1991, primarily focusing on the rights and obligations of carriers in relation to land access. Under section 127A, the Minister is mandated to establish a Land Access Code, which outlines procedures for carriers when exercising powers or complying with obligations related to land. This includes procedures for consultation between carriers and land owners or occupiers when there are disagreements about the exercise of powers or compliance obligations. Section 127B requires carriers to adhere to this Code when exercising powers in relation to land, while section 127C empowers AUSTEL to issue written directions to carriers on how to comply with their obligations under the Code.
The Act imposes several obligations on carriers. According to section 127B, carriers must comply with the Land Access Code when exercising powers related to land. This includes following the specified procedures for consultation and cooperation with land owners or occupiers. AUSTEL, under section 127C, may provide written directions to carriers to ensure compliance with their obligations under the Code. Furthermore, the Act amends various sections (128, 129, 130, 131, 132, 133, and 135) of the Principal Act to remove the term "general" and replace it with "carriers," thereby clarifying the scope of the powers and obligations applicable to carriers in relation to land.
The Act includes provisions that outline the consequences for non-compliance. Section 127A specifies that the determination of the Land Access Code is a disallowable instrument, meaning it can be subject to parliamentary review and disallowance. Non-compliance with the Code, as required by section 127B, may result in enforcement actions by AUSTEL under section 127C, which can include issuing directions to the carrier. Additionally, section 347 of the Principal Act is amended to include a direction under section 127C as a matter subject to application, thereby providing a legal recourse for enforcing compliance with the Code.