Telecommunications (General) Regulations Amendment 1994 No. 135
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 135
Issued by the Authority of the Minister for communications and the Arts
Telecommunications Act 1991
Telecommunications (General) Regulations Amendment
Section 406 of the Telecommunications Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 402A(6) of the Act provides for the design of the protected symbol of AUSTEL to be set out in the Telecommunications (General) Regulations (Amendment). The purposed amendment sets out the design of the protected symbol of AUSTEL for the purposes of section 402A of the Act.
Subsection 402A(1) of the Act provides that a person must not, unless AUSTEL consents in writing, use the protected name or protected symbol of AUSTEL for the following purposes:
(a) in relation to a business, trade, profession or occupation; or
(b) as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or
(c) application, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or
(d) in relation to goods or services or the promotion of supply or use of goods and services.
It is necessary for telecommunications equipment that interconnects with a carriers network to be approved by AUSTEL. It was therefore essential that AUSTEL's name and symbol be protected to prevent unauthorised use.
The Regulations will ensure that AUSTEL's symbol is protected from unauthorised use.