Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017

Administered by Department of Communications and the Arts

Legislation au F2017L01610 Not in force Legislative Instrument

Legislation content

Telecommunications (Carrier Licence

Exemption for use of the NSW Government Radio Network) Determination 2017

made under paragraph 51(1)(c) of the

Telecommunications Act 1997

Compilation No. 1

Compilation date:   30 June 2018

Includes amendments up to: F2018L00972

Registered:    2 July 2018

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 that shows the text of the law as amended and in force on 30 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Repeal

5 Definitions

6 Exemption

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017.

3  Authority

  This instrument is made under paragraph 51(1)(c) of the Telecommunications Act 1997.

4  Repeal

  This instrument is repealed at the start of 1 January 2019.

5  Definitions

  In this instrument:

Act means the Telecommunications Act 1997.

designated communications infrastructure means one or more network units that are:

  1.    owned or leased from time to time by the NSW Telco Authority or vested in the NSW Telco Authority in accordance with the Government Telecommunications Act 1991 (NSW); and
  2.    comprised of line links and designated radiocommunications facilities; and
  3.    situated in the State of New South Wales.

NSW Telco Authority means the New South Wales Government Telecommunications Authority established by the Government Telecommunications Act 1991 (NSW).

Note: A number of expressions used in this determination are defined in the Act, including the following:

  1.       network unit;
  2.       line link; and
  3.       designated radiocommunications facility.

6  Exemption

  Section 42 of the Act does not apply in relation to the use of designated communications infrastructure by a department or agency of the Commonwealth for public purposes.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017

12 Dec 2017 (F2017L01610)

13 Dec 2017 (s 2)

 

Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network (Determination 2017 (Amendment No. 1 of 2018)

29 June 2018 (F2018L00972)

30 June 2018 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2018L00972

 

 

Overview

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 was enacted to provide a carrier licence exemption for the use of the New South Wales Government Radio Network by departments and agencies of the Commonwealth for public purposes. This determination was made under the authority of paragraph 51(1)(c) of the Telecommunications Act 1997. It was introduced to address the need for streamlined telecommunications operations within the public sector, particularly by exempting certain government activities from the usual licensing requirements. The determination was issued by the relevant legislative body and its primary policy objective was to facilitate efficient and cost-effective telecommunications services for public purposes without imposing unnecessary regulatory burdens. The determination is repealed at the start of 1 January 2019, as per its provisions.

Scope and Application

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 provides an exemption from the requirement for a carrier licence under the Telecommunications Act 1997 in relation to the use of designated communications infrastructure by a department or agency of the Commonwealth for public purposes. This determination applies to the use of infrastructure owned or leased by the NSW Telco Authority and situated in New South Wales, which includes line links and designated radiocommunications facilities. The exemption is in effect from 13 December 2017 until 31 December 2018, at which point the determination is repealed. Any further regulation or modification of this determination may be enacted through subordinate instruments, which would need to be referenced for full understanding of its application and scope. The determination does not specify exclusions beyond the scope of its application to designated communications infrastructure used by Commonwealth departments or agencies for public purposes within New South Wales.

Key Provisions

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017, made under paragraph 51(1)(c) of the Telecommunications Act 1997, provides an exemption from certain sections of the Act for the use of designated communications infrastructure by a department or agency of the Commonwealth for public purposes (section 6). This determination was repealed at the start of 1 January 2019, but its text remains as it was in force on 30 June 2018, the compilation date (section 4). The determination defines "designated communications infrastructure" as one or more network units owned or leased by the NSW Telco Authority, comprised of line links and designated radiocommunications facilities, and situated in the State of New South Wales (section 5). The Telecommunications Act 1997 imposes several obligations on parties using designated communications infrastructure for public purposes under this determination. It requires that the infrastructure be used solely for public purposes by a department or agency of the Commonwealth. Additionally, any use of this infrastructure must comply with all applicable laws, including those related to telecommunications and radiocommunications (section 6). The parties must also ensure that their use of the infrastructure does not interfere with other telecommunications services and must maintain the infrastructure in a manner that ensures its safe and efficient operation. Breaches of the obligations imposed by this determination may lead to civil or criminal consequences. The Telecommunications Act 1997 provides for offences and penalties for non-compliance, which can include fines or imprisonment, depending on the severity of the breach. For instance, unauthorised use of telecommunications services or equipment can result in penalties, including fines of up to $11,100 for individuals and $55,500 for bodies corporate (section 130). Additionally, interference with telecommunications services can attract penalties of up to $27,750 for individuals and $138,750 for bodies corporate (section 132). The exact penalties depend on the specific provisions of the Act that are breached and the discretion of the court.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Exemptions & Exclusions

Interactions

Authorises

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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.