EXPLANATORY STATEMENT
STATUTORY RULE 1987 No. 337 ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS
Section 112 of the Telecommunications Act 1975 (‘the Act’) provides, inter alia, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed by the regulations, or which are necessary or convenient to be prescribed by the regulations for carrying out or giving effect to the Act.
Section 103 of the Act provides that where the Australian Telecommunications Commission (‘Telecom’) learns, as a result of information furnished to Telecom by a person, the identity of a person who has wilfully damaged, defaced, interfered with, removed or destroyed property belonging to, or under the control of, Telecom, Telecom may pay to the first-mentioned person, by way of a reward, a sum determined by Telecom but not exceeding $100 or such higher amount as may be prescribed by the regulations.
Regulation 43 of the Telecommunications Regulations previously provided that the higher amount for the purposes of section 103 of the Act was $2,000.
It was decided that in the light of recent events, such as the sabotage of the Telecom Sydney Central Business District cable network, that the amount of reward payable by Telecom to a person for information on the identity of vandals be increased to a maximum of $50,000.
The statutory rule amends regulation 43 to increase the maximum amount payable by Telecom under section 103 of the Act to $50,000 and is deemed to have come into operation on 23 November 1987.
Overview
The Statutory Rule 1987 No. 337, issued under the authority of the Minister for Transport and Communications, amends regulation 43 of the Telecommunications Regulations 1976. This amendment increases the maximum reward payable by Telecom for information leading to the identification of individuals responsible for damaging Telecom property from $2,000 to $50,000, as stipulated in section 103 of the Telecommunications Act 1975. The rule was introduced to address the problem of escalating incidents of vandalism against telecommunications infrastructure, such as the sabotage of the Telecom Sydney Central Business District cable network, and aims to provide a more substantial incentive for members of the public to report such activities. This legislative adjustment reflects a policy objective to deter and combat wilful damage to telecommunications property effectively.
Scope and Application
The Telecommunications Regulations, as amended by the statutory rule 1987 No. 337, apply to any person or entity that provides information to the Australian Telecommunications Commission (Telecom) that leads to the identification of individuals who have wilfully damaged, defaced, interfered with, removed or destroyed Telecom's property or property under its control. The scope of this regulation is confined to Commonwealth jurisdiction, impacting only those operating within Australia's national telecommunications framework. The regulation serves to incentivise the reporting of vandalism or malicious activities against Telecom's infrastructure by offering a reward to informants. There are no stated exclusions or exemptions within the scope of the amended regulation, which now permits rewards up to a maximum of $50,000, a significant increase from the previous cap of $2,000. The rule itself is an instrument that extends the application of the Telecommunications Act 1975 by specifying the maximum reward amount allowed under section 103 of the Act, and it came into effect on 23 November 1987.
Key Provisions
The key operative section of the Statutory Rule 1987 No. 337 is regulation 43, which has been amended to increase the maximum reward that can be paid by Telecom under section 103 of the Telecommunications Act 1975 from $2,000 to $50,000. This amendment was made to reflect recent events, such as the sabotage of the Telecom Sydney Central Business District cable network, and to provide a more substantial incentive for individuals who provide information leading to the identification of vandals. The statutory rule, which is deemed to have come into operation on 23 November 1987, ensures that the reward amount is now aligned with the severity of the offences and the need for effective deterrence.
The amended regulation 43 imposes specific obligations and requirements on Telecom and the individuals who provide information about vandals. Telecom is now required to pay a reward of up to $50,000 to any person who provides information that leads to the identification of an individual who has wilfully damaged, defaced, interfered with, removed, or destroyed property belonging to or under the control of Telecom. This increase in the reward amount aims to encourage more individuals to come forward with information that can aid in the identification and prosecution of vandals. Individuals providing such information must ensure that the information they provide is accurate and leads to the successful identification of the offender.
The Statutory Rule 1987 No. 337 does not explicitly outline specific offences, penalties, or consequences for breach. However, it is implied that failure to comply with the new reward provisions, such as not paying the appropriate reward amount to an informant, could result in legal consequences under the Telecommunications Act 1975. The Act may include provisions for enforcement and penalties for non-compliance, which could encompass civil or criminal sanctions, depending on the nature and severity of the breach. The maximum penalty for breaches of the Telecommunications Act 1975 can vary widely, but they could include fines or imprisonment, depending on the specific offence and the discretion of the court. The exact penalties would be determined in the context of any legal action taken against a party that fails to adhere to the reward provisions.