Telecommunications Legislation Amendment Act 2000

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2004A00743 In force Act

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Telecommunications Legislation Amendment Act 2000

 

No. 152, 2000

 

 

 

 

An Act to amend the Telecommunications Act 1997 and the Australian Communications Authority Act 1997, and for related purposes

 

 

Contents

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

2 Commencement...............................

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

Schedule 1—Telecommunications Act 1997

Schedule 2—Australian Communications Authority Act 1997

 

Telecommunications Legislation Amendment Act 2000

No. 152, 2000

 

 

 

An Act to amend the Telecommunications Act 1997 and the Australian Communications Authority Act 1997, and for related purposes

[Assented to 21 December 2000]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications Legislation Amendment Act 2000.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Telecommunications Act 1997

 

1  Subsection 474(1)

Repeal the subsection, substitute:

 (1) The ACA may, by notice in the Gazette, determine that, for the purposes of this Division, a specified person or association is a declared manager of electronic addressing in relation to a specified kind of electronic addressing and a specified kind of listed carriage service.

2  Paragraph 474(3)(b)

Repeal the paragraph, substitute:

 (b) the ACA considers that the person or association is not managing that kind of electronic addressing to the ACA’s satisfaction.

3  At the end of subsection 474(6)

Add “or consumer protection”.

4  Subsection 475(1)

Repeal the subsection, substitute:

 (1) The ACA may, by written notice given to a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a particular kind of listed carriage service, direct the manager to do, or refrain from doing, a specified act or thing relating to that kind of electronic addressing and that kind of carriage service.

5  Subsection 475(3)

Repeal the subsection, substitute:

 (3) In determining whether the kind of electronic addressing is of public importance, the ACA must have regard to the extent to which the addressing is of significant social and/or economic importance.

6  Subsection 476(1)

Repeal the subsection, substitute:

 (1) The ACCC may, by written notice given to a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a particular kind of listed carriage service, direct the manager to do, or refrain from doing, a specified act or thing relating to that kind of electronic addressing and that kind of carriage service.

7  At the end of paragraph 476(2)(b)

Add “or consumer protection”.

8  Subsection 476(3)

Repeal the subsection, substitute:

 (3) In determining whether the kind of electronic addressing is of public importance, the ACCC must have regard to the extent to which the addressing is of significant social and/or economic importance.


Schedule 2—Australian Communications Authority Act 1997

 

1  Section 4

Insert:

listed carriage service has the same meaning as in the Telecommunications Act 1997.

2  Before paragraph 8(1)(a)

Insert:

 (aa) if a written instruction issued by the Minister to do so is in force—to prepare to provide for the management of electronic addressing:

 (i) of a kind specified in the instruction; and

 (ii) relating to a kind of listed carriage service specified in the instruction;

 (ab) if an instruction under paragraph (aa) and a written instruction issued by the Minister to do so are in force—to provide for the management of electronic addressing:

 (i) of a kind specified in the instruction under this paragraph and covered by the instruction under paragraph (aa); and

 (ii) relating to a kind of listed carriage service specified in the instruction under this paragraph and covered by the instruction under paragraph (aa);

3  At the end of section 8

Add:

 (4) An instruction under paragraph (1)(aa) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (5) An instruction under paragraph (1)(ab) must be published in the Gazette.

 (6) The Minister may, by written notice, revoke an instruction under paragraph (1)(aa) or (ab).

 (7) A notice revoking an instruction under paragraph (1)(aa) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (8) A notice revoking an instruction under paragraph (1)(ab) must be published in the Gazette.

 (9) Subsections (6), (7) and (8) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to:

 (a) provisions of this Act other than paragraph (1)(aa) or (ab); and

 (b) the power to amend or vary an instruction under paragraph (1)(aa) or (ab).

4  After section 12

Insert:

12A  ACA to consult with the Australian Competition and Consumer Commission in relation to management of electronic addressing

  The ACA must consult the Australian Competition and Consumer Commission before carrying out an act:

 (a) for the purpose of performing its functions under paragraph 8(1)(aa) or (ab); and

 (b) that would, in the ACA’s opinion, have a significant effect on competition or consumer protection.

5  After subsection 53(2)

Insert:

 (2A) For the purposes of recovering all or part of the ACA’s expenses relating to the performance of its functions under paragraph 8(1)(aa) or (ab), the ACA may charge a person an amount that has been:

 (a) agreed with the person; or

 (b) worked out under an agreement with the person.

Note 1: Paragraph 8(1)(aa) is about the ACA preparing to provide for the management of electronic addressing, and paragraph 8(1)(ab) is about the ACA providing for the management of electronic addressing.

Note 2: Subsection (2A) lets the ACA charge a consenting person for things done by the ACA in performing those functions, even though the charge would be a tax if it were imposed on the person without his or her consent.

 (2B) Subsection (2A) does not limit subsection (1).

Note: The ACA need not obtain a person’s agreement to a charge that relates to the ACA’s expenses in performing its functions mentioned in subsection (2A) and does not amount to taxation (either because the charge is a fee for the ACA providing the person with services or facilities or for another reason).

 

 

[Minister’s second reading speech made in—

Senate on 30 August 2000

House of Representatives on 7 December 2000]

 

(149/00)


 

Overview

The Telecommunications Legislation Amendment Act 2000 No. 152, 2000 was enacted by the Parliament of Australia to amend the Telecommunications Act 1997 and the Australian Communications Authority Act 1997. This Act was introduced to address the evolving landscape of telecommunications and the need for updated regulatory mechanisms. It aimed to refine the roles and responsibilities of the Australian Communications Authority (ACA) and the Australian Competition and Consumer Commission (ACCC) in managing electronic addressing and listed carriage services, ensuring they align with the contemporary requirements of the industry. The primary policy objective of this amendment was to enhance the regulatory framework to better cater to the growing significance of electronic addressing and its impact on social and economic aspects. The Act allows for the ACA and ACCC to direct managers of electronic addressing and listed carriage services to take or refrain from specific actions, provided that such electronic addressing is of significant social or economic importance. It also introduces provisions for the ACA to charge persons for expenses incurred in performing certain functions, while ensuring these charges do not amount to taxation. Furthermore, the Act mandates consultation between the ACA and the ACCC on matters that could significantly affect competition or consumer protection.

Scope and Application

The Telecommunications Legislation Amendment Act 2000 No. 152 amends the Telecommunications Act 1997 and the Australian Communications Authority Act 1997, primarily focusing on the management of electronic addressing and listed carriage services. This Act applies to the Australian Communications Authority (ACA) and the Australian Competition and Consumer Commission (ACCC), affecting their functions in relation to electronic addressing and consumer protection. It introduces mechanisms for the ACA to declare managers of electronic addressing and issue directives to these managers regarding their management practices. The Act also mandates the ACA to consult with the ACCC before taking actions that may significantly impact competition or consumer protection. It further specifies the procedures for the ACA to charge individuals or entities for its functions under the amended provisions, thereby clarifying that such charges, if agreed upon or calculated under an agreement, are permissible even if they would otherwise be considered taxation. The Act's provisions extend across the Commonwealth, impacting telecommunications industry participants and entities managing electronic addressing services. While the Act provides a comprehensive framework, it does not explicitly state exclusions or thresholds but leaves room for further clarification or regulation through subordinate instruments.

Key Provisions

The Telecommunications Legislation Amendment Act 2000 primarily amends the Telecommunications Act 1997 and the Australian Communications Authority Act 1997, introducing new provisions related to the management of electronic addressing and listed carriage services. Under the Telecommunications Act 1997, the Australian Communications Authority (ACA) is now authorised to determine, by notice in the Gazette, whether a specified person or association is a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a listed carriage service (section 474). The ACA can also direct a declared manager to perform or refrain from performing specific actions relating to the electronic addressing and carriage service (section 475). Similarly, the Australian Competition and Consumer Commission (ACCC) has the authority to issue such directions to declared managers (section 476). These provisions require the ACA and the ACCC to consider the social and economic significance of the electronic addressing when determining its public importance. The obligations imposed by the Act on the ACA and the ACCC include the necessity to consult with the ACCC before performing certain functions related to the management of electronic addressing, particularly when such actions would significantly affect competition or consumer protection (section 12A). The ACA must also charge a person an agreed amount or a calculated amount under an agreement for expenses incurred in managing electronic addressing, provided it does not amount to taxation (section 53(2A)). Furthermore, the ACA is required to prepare to manage electronic addressing or provide for its management, as instructed by the Minister, with certain instructions being subject to disallowance or requiring publication in the Gazette (section 8). Breach of the provisions under this Act could lead to various consequences. For instance, failure to comply with the directions issued by the ACA or the ACCC to declared managers could result in enforcement actions. The ACA and the ACCC are empowered to take measures to ensure compliance, which might include legal proceedings. Additionally, any person or entity failing to agree to or pay a charge imposed by the ACA under section 53(2A) could face enforcement actions or penalties as stipulated by the Act. However, the Act does not explicitly state the maximum penalties for these breaches.

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Telecommunications Law
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Act
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Commencement Provisions
Regulatory Standards
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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.