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.
Overview
The Telecommunications Regulations 1989 were enacted to provide an administrative framework to implement the reforms outlined in the Telecommunications Act 1989. These reforms were aimed at restructuring the regulatory framework for telecommunications services in Australia. The regulations were introduced to address the need for a formal accreditation process for test houses to ensure that customer equipment complies with the technical standards set by the Australian Telecommunications Authority (AUSTEL). The Minister for Telecommunications and Aviation Support issued these regulations under the authority granted by Section 185 of the Telecommunications Act 1989, with the overarching policy objective of facilitating effective regulatory oversight and ensuring the provision of reliable telecommunications services. The regulations establish the procedures for test house accreditation, define the scope of AUSSAT's satellite footprint, and specify international telecommunications suppliers authorised to operate within Australia's telecommunications network.
Scope and Application
The Telecommunications Regulations 1989, made under the Telecommunications Act 1989, establish an administrative framework for the Australian Telecommunications Authority (AUSTEL) to accredit test houses, which are entities authorised to test customer equipment against technical standards. These regulations apply to any entity seeking accreditation as a test house under the Act, which is primarily relevant to the telecommunications industry. The geographic scope of these regulations is national, as they pertain to the accreditation of test houses and the technical standards applicable across Australia, including its external territories. The Act also defines the satellite footprint for AUSSAT, which encompasses Australia, its external territories, and specified countries in the schedule, thereby extending its jurisdictional reach to international telecommunications services. Notably, the Act does not specify exclusions or thresholds within the regulations themselves but leaves room for further prescription through subordinate instruments, such as defining specific technical standards or additional international telecommunications suppliers.
Key Provisions
The Telecommunications Regulations 1989, made under the authority of Section 185 of the Telecommunications Act 1989, establish a comprehensive framework for the accreditation of test houses and the provision of telecommunications services. Regulation 2 defines ‘accreditation’ as the process through which the Australian Telecommunications Authority (AUSTEL) recognizes a test house's competence and facilities to test customer equipment against specified technical standards. This is further detailed in Regulation 3, which outlines the formal application procedure for accreditation, including the criteria AUSTEL uses to assess applications. Accredited test houses must comply with Regulation 4, which mandates that all testing conducted under their accreditation must ensure equipment meets AUSTEL’s technical standards. Additionally, Regulation 5 requires accredited test houses to maintain detailed records of their testing activities and make these records accessible to AUSTEL upon request.
These regulations impose specific obligations on test houses and AUSTEL. Test houses must adhere to the formal accreditation process outlined in Regulation 3, ensuring they possess the necessary competence and facilities. Once accredited, they must strictly follow the technical standards as specified by AUSTEL (Regulation 4) and maintain comprehensive records of their testing activities (Regulation 5). AUSTEL, on the other hand, is required to evaluate test house applications thoroughly, grant accreditation if the criteria are met, and specify the duration of accreditation, which can be up to three years (Regulation 3). Furthermore, AUSTEL must inform applicants of their right to review any refusal of accreditation by the Administrative Appeals Tribunal (Regulation 7).
Failure to comply with the obligations and requirements set out in the Telecommunications Regulations 1989 can result in various consequences. Non-accredited test houses conducting testing under false pretenses may face enforcement actions from AUSTEL. Additionally, test houses that fail to comply with the record-keeping requirements specified in Regulation 5 could be subject to administrative penalties or other corrective measures. AUSTEL’s refusal to grant accreditation can be reviewed by the Administrative Appeals Tribunal under Regulation 6, providing a legal recourse for aggrieved parties. The Act does not explicitly outline specific penalties for breaches of the Regulations, but non-compliance may lead to revocation of accreditation, administrative penalties, or other legal consequences as deemed appropriate by AUSTEL or relevant authorities.