Telecommunications Amendment Act 1997

Legislation au C2004A05146 Not in force Act

Legislation content

 

 

 

 

Telecommunications Amendment Act 1997

 

No. 48, 1997

 

 

 

 

An Act to amend the Telecommunications Act 1991

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendments 3

Telecommunications Act 1991 3

Part 1—Emergency calls 3

Part 2—Numbering charges 6

 

Telecommunications Amendment Act 1997

No. 48, 1997

 

 

 

An Act to amend the Telecommunications Act 1991

[Assented to 22 April 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications Amendment Act 1997.

2  Commencement

 (1) Subject to this section, this Act commences on the twenty-eighth day after the day on which it receives the Royal Assent.

 (2) Part 2 of Schedule 1 commences immediately after the commencement of Part 1 of that Schedule.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Telecommunications Act 1991

Part 1—Emergency calls

1  Section 5

Insert:

emergency service number has the meaning given by section 242C.

2  Paragraph 88(3)(d)

Repeal the paragraph.

3  After subsection 88(3)

Insert:

 (3A) This section does not prohibit a disclosure by a person of information or a document if:

 (a) the information or document came to the person’s knowledge, or into the person’s possession, because of a call to an emergency service number; and

 (b) the information, or the contents of the document, consists of any or all of the following:

 (i) a name;

 (ii) a telephone number;

 (iii) an address;

 (iv) a location;

 (v) the matter or matters raised by the call; and

 (c) the disclosure is made to:

 (i) a member of a police force or service; or

 (ii) a member of a fire service; or

 (iii) a member of an ambulance service; or

 (iv) an emergency call person; or

 (v) a member of a service specified in the national numbering plan for the purposes of this subparagraph;

  for purposes connected with dealing with the matter or matters raised by the call.

4  Paragraph 88(4)(a)

After “(3)”, insert “or (3A)”.

5  Subsection 88(5)

Insert:

emergency call person has the meaning given by section 88A.

6  After section 88

Insert:

88A  Emergency call persons

 (1) For the purposes of this Part, an emergency call person is:

 (a) a recognised person who operates an emergency call service; or

 (b) an employee of such a person; or

 (c) an emergency call contractor; or

 (d) an employee of an emergency call contractor.

 (2) A reference in this section to an emergency call service is a reference to a service for:

 (a) receiving and handling calls to an emergency service number; and

 (b) providing information about such calls to:

 (i) a police force or service; or

 (ii) a fire service; or

 (iii) an ambulance service; or

 (iv) a service specified in the national numbering plan for the purposes of this subparagraph;

  for purposes connected with dealing with the matter or matters raised by the call.

 (3) A reference in this section to a recognised person who operates an emergency call service is a reference to a person who:

 (a) operates an emergency call service; and

 (b) is specified, in a written determination made by AUSTEL for the purposes of this paragraph, as:

 (i) a national operator of emergency call services; or

 (ii) a regional operator of emergency call services.

 (4) A copy of a determination under paragraph (3)(b) is to be published in the Gazette.

 (5) A reference in this section to an emergency call contractor is a reference to a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a reference to a person who performs such services in the capacity of an employee of the person who operates the emergency call service.

7  After section 242B

Insert:

242C  Emergency service numbers

 (1) The object of this section is to identify numbers for use in connection with emergencies that are likely to require the provision of assistance by any or all of the following services:

 (a) a police force or service;

 (b) a fire service;

 (c) an ambulance service;

 (d) a service specified in the national numbering plan for the purposes of this paragraph.

 (2) For the purposes of this Act, an emergency service number is a number specified in the national numbering plan for the purposes of this subsection.

 (3) The national numbering plan may specify different numbers for use in different areas.

 (4) The national numbering plan may specify different numbers for use in connection with different types of services.


Part 2—Numbering charges

8  Subsection 242A(3)

Omit “Telecommunications (Numbering Fees) Act 1991”, substitute “Telecommunications (Numbering Charges) Act 1991”.

9  At the end of Division 2 of Part 11

Add:

242D  Collection of numbering charges

Definitions

 (1) In this section:

late payment penalty means an amount that is payable by way of penalty in accordance with a determination under subsection (3).

numbering charge means a charge imposed by the Telecommunications (Numbering Charges) Act 1991.

When numbering charge due and payable

 (2) A numbering charge is due and payable at the time ascertained in accordance with a written determination made by AUSTEL. The time must not be later than 15 June in the financial year in which the numbering charge is imposed.

Late payment penalty

 (3) AUSTEL may, by written instrument, determine that, if any numbering charge payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay the Commonwealth, by way of penalty, an amount calculated at the rate of:

 (a) 20% per annum; or

 (b) if the determination specifies a lower percentage—that lower percentage per annum;

on the amount unpaid, computed from that time.

Determination has effect

 (4) A determination under subsection (3) has effect accordingly.

Remission of penalty

 (5) A determination under subsection (3) may authorise AUSTEL to make decisions about the remission of the whole or a part of an amount of late payment penalty.

Payment of numbering charge and late payment penalty

 (6) Numbering charge and late payment penalty are payable to AUSTEL on behalf of the Commonwealth.

Recovery of numbering charge and penalty

 (7) Numbering charge and late payment penalty may be recovered by AUSTEL, on behalf of the Commonwealth, as debts due to the Commonwealth.

Payment into Consolidated Revenue Fund

 (8) Amounts received by way of numbering charge or late payment penalty must be paid into the Consolidated Revenue Fund.

Withdrawal of number for non-payment of numbering charge

 (9) If any numbering charge payable by a person in relation to a number remains unpaid after the time when it became due for payment, AUSTEL may, by written notice given to the person, withdraw the number. A number withdrawn under this subsection is taken to be recovered by AUSTEL in accordance with the national numbering plan.

Disallowable instrument

 (10) A determination under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

242E  Collection of charges on behalf of the Commonwealth

  AUSTEL may enter into an arrangement with a person under which the person may, on behalf of the Commonwealth, collect payment of charge imposed by the Telecommunications (Numbering Charges) Act 1991.

10  After paragraph 397(1)(d)

Insert:

 (da) a decision of a kind referred to in subsection 242D(5) (which deals with remission of late payment penalty);

 (db) a decision under subsection 242D(9) (which deals with the withdrawal of numbers);

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 30 October 1996

Senate on 10 February 1997]

 

(146/96)



 

I HEREBY CERTIFY that the above is a fair print of the Telecommunications Amendment Bill 1997 which originated in the House of Representatives as the Telecommunications Amendment Bill 1996 and has been finally passed by the Senate and the House of Representatives.

 

 

 

Clerk of the House of Representatives

 

IN THE NAME OF HER MAJESTY, I assent to this Act.

 

 

 

Governor-General

1997

 

 

 

Overview

The Telecommunications Amendment Act 1997 No. 48 was enacted by the Parliament of Australia to address specific gaps in the Telecommunications Act 1991, particularly concerning emergency call services and the regulation of numbering charges. The Act amends the Telecommunications Act 1991 to introduce provisions that facilitate the disclosure of information received during emergency calls to appropriate emergency services, thereby enhancing the efficiency and effectiveness of emergency responses. Additionally, the Act updates the terminology and procedures surrounding the collection and enforcement of numbering charges, aligning them with the Telecommunications (Numbering Charges) Act 1991. The policy objective is to improve the coordination and management of emergency communications and to ensure the accurate and timely collection of numbering charges from telecommunications providers.

Scope and Application

The Telecommunications Amendment Act 1997 amends the Telecommunications Act 1991, with provisions that apply nationally across Australia. This Act is primarily concerned with the regulation of emergency call services and the collection of numbering charges. It applies to entities and individuals involved in operating or managing emergency call services, including recognised persons and contractors specified by AUSTEL. The Act also applies to entities and individuals subject to the Telecommunications (Numbering Charges) Act 1991, who are responsible for the payment of numbering charges and potential late payment penalties. The scope of the Act is extended through subordinate instruments, such as written determinations made by AUSTEL, which specify details such as the collection of numbering charges, the imposition of late payment penalties, and the remission of penalties. There are no specific exclusions or thresholds mentioned in the Act, but it does provide exemptions related to the disclosure of information obtained during emergency calls to relevant emergency services personnel.

Key Provisions

The Telecommunications Amendment Act 1997 (Act) primarily amends the Telecommunications Act 1991. The amendments introduced by the Act are outlined in Schedule 1, which includes changes to emergency call provisions and numbering charges. Section 1 of the Act provides the short title, while section 2 outlines the commencement date, which is 28 days after receiving Royal Assent. The Schedule details specific amendments to the Telecommunications Act 1991. Section 5 of the Act amends Part 1 of the Telecommunications Act 1991 by defining 'emergency service number' and adding new subsections related to emergency calls. Specifically, Section 88(3A) allows for the disclosure of certain information received from emergency calls to specified emergency service personnel. Paragraph 88(4)(a) is updated to include reference to subsection 88(3A). Section 88(5) introduces the term 'emergency call person', defining who qualifies as such, and Section 88A elaborates on the roles and responsibilities of these persons. Section 242C defines 'emergency service numbers' and their purposes. The Act imposes several obligations on the parties it governs. Firstly, it mandates that any information or documents received due to a call to an emergency service number can be disclosed to specified emergency service personnel if the disclosure is related to the call's matter. This is outlined in Section 88(3A) and Section 88A, which specify who qualifies as an 'emergency call person' and the nature of the services they provide. Additionally, the Act outlines the national numbering plan's role in specifying emergency service numbers and their usage, as per Section 242C. The Act also outlines penalties for non-compliance with its provisions, particularly regarding numbering charges. Section 242D details the imposition of late payment penalties for unpaid numbering charges. These penalties are calculated at a specified percentage per annum on the unpaid amount, as determined by AUSTEL. The Act allows AUSTEL to remit these penalties partially or in full, as specified in Section 242D(5). Furthermore, AUSTEL has the authority to withdraw numbers from persons who fail to pay their numbering charges, as stated in Section 242D(9). These provisions ensure compliance with numbering charge payments and impose consequences for non-payment.

Legal classification tags

Area of Law
Communications Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.