Overview

The Telecommunications (General) Regulations (Amendment) 1995 No. 241 amends the Telecommunications (General) Regulations under the Telecommunications Act 1991. This amendment was enacted to address the issue of ensuring that the provisions of the Act, which were initially not applicable to the Indian Ocean Territories (IOTs), Christmas Island, and the Cocos (Keeling) Islands, are extended to these areas. This legislative change was made in response to the Government's policy of integrating the IOTs into Australia by extending all Commonwealth laws to these territories. The regulations were issued by the authority of the Minister for Communications and the Arts and aim to ensure that the Act applies comprehensively to the IOTs, thereby fulfilling the policy objective of uniform application of the legislation across all Australian territories.

Scope and Application

The Telecommunications (General) Regulations (Amendment) 1995 No. 241, under the Telecommunications Act 1991, extends the application of the Act to the Indian Ocean Territories (IOTs), Christmas Island, and the Cocos (Keeling) Islands. This amendment ensures the Act's provisions apply uniformly across these territories, aligning with the Government's policy of integrating the IOTs into Australia. Before this amendment, Regulation 3 of the original regulations had designated the IOTs as prescribed external territories, excluding them from certain provisions related to untimed local calls, public payphones, mobile telecommunications services, and the universal service obligation. By amending Regulation 3, the new regulations prescribe the IOTs under section 30 of the Act, ensuring the Act applies to these territories in full. This change fulfils the policy of extending Commonwealth laws to the IOTs, ensuring the same regulatory framework applies to all specified territories.

Key Provisions

The Telecommunications (General) Regulations (Amendment) 1995 No. 241 primarily serves to amend the existing Telecommunications (General) Regulations, ensuring that the Telecommunications Act 1991 (the Act) applies to the Indian Ocean Territories (IOTs), Christmas Island, and the Cocos (Keeling) Islands. The key operative sections involve altering the definition of prescribed external territories to incorporate the IOTs, thereby extending the scope of the Act to these territories. Regulation 2 replaces the existing Regulation 3, removing the IOTs from the category of prescribed external territories and instead prescribing them under section 30 of the Act (section 3). This change ensures the Act's provisions, which were previously excluded for prescribed external territories, now apply to the IOTs. The Act imposes specific obligations on general carriers, such as Telstra and Optus, including the duty to provide untimed local calls to users within Australia (subsection 73(2)). It mandates that only general carriers can install public payphones within Australia (subsections 93(1) and (2)), and restricts the provision of public mobile telecommunications services to public mobile carriers or individuals using a mobile carrier's service (subsections 94(1) and (3)). Additionally, there is a Universal Service Obligation to ensure equitable access to the standard telephone service and payphones for all Australians (section 288). These obligations are crucial for maintaining a regulated telecommunications environment within Australia. Failure to comply with the provisions of the Act and the amended Regulations can result in significant consequences. The Act does not specify particular offences or penalties within the explanatory statement, but breaches of telecommunications regulations generally could lead to civil or criminal penalties. In general, civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined based on the specific provisions of the Act and other relevant legislation.