EXPLANATORY STATEMENT
Statutory Rules 1989 No. 152
Issued by the Authority of the
Minister for Telecommunications and Aviation Support
Telecommunications Regulations
Section 4 of the Acts Interpretation Act 1901 allows the power to make regulations under an Act to be exercised after the passing of the Act but before the commencement of that Act.
The Telecommunications Act 1989 (the Act) puts into effect the reforms to the Telecommunications regulatory framework announced in the Government’s 25 May 1988 Statement ‘Australian Telecommunications Services: A New Framework’.
Section 185 of the Telecommunications Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient for the purpose of giving effect to the Act. Section 185 of the Act commenced on 21 June 1989; those provisions of the Act not already proclaimed, except for part of Part 4, commenced on 1 July 1989.
The regulations provide an administrative framework under which the Australian Telecommunications Authority (AUSTEL), established by the Act, is to carry out its function of test house accreditation. The regulations also provide for the definition of AUSSAT’s satellite footprint for the purposes of the provision of private network services from and to Australia. They also provide for the prescription of international telecommunications suppliers under subsection 59 (3) of the Act.
NOTES ON CLAUSES
Regulation 1 provides that the Regulations be cited as the Telecommunications Regulations.
Regulation 2 defines ‘accreditation’ to mean the accreditation of a test house by the Australian Telecommunications Authority (AUSTEL) established by the Act, Section 127 of the Act provides for regulations to be made for the accreditation of test houses. An accredited test house will be able to test customer equipment against technical standards determined by AUSTEL under section 106 of the Act.
Regulation 3 outlines the formal procedure to be followed when seeking accreditation from AUSTEL. AUSTEL may grant accreditation to any applicant provided it is satisfied that the test house has the competence and facilities to undertake the testing. AUSTEL may specify the period of the accreditation up to a maximum of three years.
Regulation 4 requires a test house, when testing customer equipment under its accreditation, to test for compliance with technical standards determined by AUSTEL.
Regulation 5 requires a test house to keep records of all testing carried out under its accreditation and to make these records available to AUSTEL upon request.
Regulation 6 provides for a review by the Administrative Appeals Tribunal of a decision by AUSTEL to refuse an application for accreditation.
Regulation 7 provides for AUSTEL to be given notice of a right of review by the Administrative Appeals Tribunal to any person affected by a refusal to grant accreditation.
Regulation 8 defines the limits of AUSSAT’s satellite footprint. Section 67 of the Act provides for regulations to be made defining the limits of AUSSAT’s satellite footprints. These are defined as being Australia, the external Territories, the countries specified in the Schedule plus all the area between Australia, the external Territories and the countries specified in the Schedule.
Regulation 9 specifies Telecom Corporation of New Zealand Limited and Telecom Networks and International Limited as prescribed international telecommunications suppliers for the purposes of subsection 59(3) of the Act. Under subsection 59(3), a prescribed international telecommunications supplier is authorised to resell space segment facilities operated by AUSSAT to provide reserved services (other than public switched telecommunciations services) between places in Australia and places outside Australia.
The Regulations will come into effect on the commencement of the Act.