EXPLANATORY STATEMENT
STATUTORY RULE 1986 NO. 62 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.
The former paragraph 112(d) of the Act enabled regulations to be made concerning use of the telecommunications service for the sending of indecent, obscene or offensive communications or for the purpose of harassment. This paragraph was repealed by section 22 of the Communications Legislation Amendment Act 1985 (‘the Amendment Act’).
Regulation 38 of the Telecommunications Regulations (‘the Regulations’), which was made pursuant to paragraph 112(d) of the Act, makes it an offence to send an indecent, obscene, or offensive communication over a telecommunication service, or to use such a service for the purpose of harassing a person.
The offences covered by regulation 38 have been subumed into paragraphs 86(a) and 86(c) of the Act by virtue of section 17 of the Amendment Act. Regulation 38, is therefore, redundant.
Statutory Rule 1986 No. 62 amends the Regulations by repealing regulation 38.