EXPLANATORY STATEMENT
STATUTORY RULE 1986 NO 257 ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Section 112 of the Telecommunications Act 1975 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which 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.
Regulation 39 of the Telecommunications Regulations (‘the Regulations’) governs use of the words “Telecom Australia”. Statutory Rule 1986 No. amends sub-regulations 39(2) and 39(3).
Sub-regulation 39(2) of the Regulations prohibits the commercial use of the words “Telecom Australia” or any words resembling those words by any person other than the Australian Telecommunications Commission (‘the Commission’). Paragraph (a) of Statutory Rule 1986 No. enables the Commission to consent in writing to the use of those words by other persons. This amendment brings sub-regulation 39(2) into line with sub-regulation 39A(3) which enables the Commission to consent in writing to use of the emblem of the Commission by persons other than the Commission. The amendment allows the Commission to authorise the use of its name by other persons, including subsidiary companies it may form under section 10A of the Act.
Sub-regulation 39(3) of the Regulations provides that the words “Telecom Australia” shall be deemed to have been used commercially in two specified circumstances. Paragraph (b) of Statutory Rule 1986 No. amends sub-regulation 39(3) so that it covers not only use of the words “Telecom Australia” but also use of words resembling those words.
SR 11/86