Telecommunications Amendment
Act 1994
No. 67 of 1994
TABLE OF PROVISIONS
Section
1. Short title etc.
2. Commencement
3. Definitions
4. Minister may give directions to AUSTEL
5. Carrier not to discriminate against resuppliers
6. Exceptions
7. Insertion of new section:
185A. Decisions permitting discrimination
8. Insertion of new section:
189A. Operation of Part IV of the Trade Practices Act 1974
9. Tariff of basic services
10. AUSTEL may disallow non-complying tariff
11. Variation and revocation of BCS tariff
12. AUSTEL may disallow variation that is contrary to section 192
13. Dominant carrier must charge in accordance with its BCS tariff
TABLE OF PROVISIONS—continued
Section
14. Insertion of new section:
201A. Operation of Part IV of the Trade Practices Act 1974
15. Insertion of new sections:
238A. AUSTEL may disallow anti-competitive tariff
238B. Certain tariffs, and variations of certain tariffs, not to come into force for an extended period
238C. Minister may give directions to AUSTEL
238D. Directions to have general application only
Telecommunications Amendment
Act 1994
No. 67 of 1994
An Act to amend the Telecommunications Act 1991,
and for related purposes
[Assented to 30 May 1994]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Telecommunications Amendment Act 1994.
(2) In this Act, “Principal Act” means the Telecommunications Act 19911.
Commencement
2. This Act is taken to have commenced on 15 March 1994.
Definitions
3. Section 5 of the Principal Act is amended by adding at the end of the definition of “BCS tariff’ the following word and paragraph:
“; or (e) a document that constitutes a tariff of a kind referred to in paragraph (a) or (b) of this definition, or a part of such a document, being a document or part of a document that AUSTEL has disallowed under section 238A, except to the extent that its operation is continued under subsection 238A(11);”.
Minister may give directions to AUSTEL
4. Section 50 of the Principal Act is amended by inserting after paragraph (3)(c) the following paragraph:
“(ca) that he or she is empowered to give under section 238C, or would apart from section 238D be empowered to give under section 238C; or”.
Carrier not to discriminate against resuppliers
5. Section 184 of the Principal Act is amended by omitting subsection (3).
Exceptions
6.(1) Section 185 of the Principal Act is amended:
(a) by omitting subsections (1) and (2) substituting the following subsections:
“(1) Neither of sections 183 and 184 apply if, at the time of the discrimination, there is in force a decision by AUSTEL under section 185A that the discrimination, or discrimination of that kind, should be permitted.
“(2) Subject to subsection (2A), neither of sections 183 and 184 apply if the carrier committing the discrimination has applied to AUSTEL for a decision under section 185A that the discrimination, or discrimination of that kind, should be permitted.
“(2A) Subsection (2) does not apply, and is taken never to…
Overview
The Telecommunications Amendment Act 1994 (No. 67 of 1994) was enacted by the Parliament of Australia to address the need for amendments to the Telecommunications Act 1991, specifically targeting the regulation of telecommunications services and addressing anti-competitive practices. This Act, which received Royal Assent on 30 May 1994, introduces various modifications to the original Act, including changes to tariff regulations, the role of the Australian Telecommunications Users' Representative (AUSTEL), and provisions for market competition. The primary policy objective of this legislation is to ensure fair competition and consumer protection in the telecommunications market by enabling AUSTEL to disallow anti-competitive tariffs and to permit certain types of discrimination under controlled conditions.
Scope and Application
The Telecommunications Amendment Act 1994 applies to telecommunications carriers, telecommunications services, and related tariffs within the Commonwealth of Australia. The Act amends the Telecommunications Act 1991 by introducing provisions to prevent anti-competitive practices and to allow the Australian Telecommunications and Media Authority (AUSTEL) to disallow tariffs that are considered anti-competitive. It also provides for the Minister to give directions to AUSTEL regarding the disallowance of anti-competitive tariffs, although these directions cannot specify particular tariffs or provisions thereof. The Act allows AUSTEL to permit discrimination by carriers under certain conditions, such as when justified by differences in costs or for the purpose of trial programs that promote the objects of the Act. Additionally, it specifies conditions under which AUSTEL can revoke or vary decisions permitting discrimination. The Act extends its application through subordinate instruments, such as directions from the Minister to AUSTEL regarding the disallowance of anti-competitive tariffs. The Act does not apply to discrimination that occurred before the Act received Royal Assent, preserving the application of existing provisions to such cases.
Key Provisions
- The Telecommunications Amendment Act 1994 (C2004A04743) amends the Telecommunications Act 1991, introducing several key provisions. Section 4 allows the Minister to give directions to AUSTEL regarding their functions under section 238A, which concerns the disallowance of anti-competitive tariffs. Section 5 prohibits carriers from discriminating against resuppliers, although exceptions are outlined in section 6, including situations where AUSTEL has permitted the discrimination under section 185A. Section 7 inserts new section 185A, permitting AUSTEL to decide whether specific discrimination by a carrier should be allowed, based on cost differences, community interest, or the promotion of the Act's objectives. Section 8 inserts new section 189A, clarifying that nothing in Division 4 authorises actions that contravene the Trade Practices Act 1974.
- The Act imposes obligations on carriers and AUSTEL, including the requirement for carriers to comply with the provisions on discrimination and for AUSTEL to exercise its powers to disallow anti-competitive tariffs as per section 238A. AUSTEL must also notify carriers when it disallows tariffs, as per section 238A(2), and consider specified matters when deciding whether to disallow a tariff, as per section 238A(3). The Minister can issue directions to AUSTEL about how it should perform its functions under section 238A, as per section 238C.
- Breaching the provisions of this Act can lead to various consequences. For example, carriers are prohibited from demanding or receiving payments based on disallowed tariff provisions, as per section 238A(13). Offences and penalties are not explicitly detailed in the provided text, but the Act implies civil or administrative penalties for non-compliance, given the regulatory nature of the provisions. AUSTEL's power to disallow tariffs and the Minister's ability to give directions suggest that non-compliance could lead to disallowance of tariffs and other regulatory actions.
- Area of Law
- Commercial Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers