Telecommunications (Standard Agreements) Regulations

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Telecommunications (Standard Agreements) Regulations 1997 No. 349

EXPLANATORY STATEMENT

Statutory Rules 1997 No. 349

Issued by the Authority of the Minister for Communications, the Information Economy and the Arts

Telecommunications Act 1997

Telecommunications (Standard Agreements) Regulations

Section 594 of the Telecommunications Act 1997 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 479 of the Act allows a carriage service provider (defined in section 87 of the Act, and in general, includes persons who supply, or propose to supply, carriage services to the public using networks in relation to which a carrier license is held) to use a standard form of agreement as a contract with customers for a standard telephone service (as defined in section 17 of the Act) and for such other canine services or goods or services for use in connection with a carriage service as are specified in the regulations.

Subsection 479(2) of the Act provides that the existence of a standard form of agreement does not preclude alternative terms and conditions being agreed between the pal ties and provides a fallback should the parties not be able to agree. Section 480 of the Act requires carriage service providers to make standard forms of agreement publicly available and section 481 of the Act requires them to file standard forms of agreement with the Australian Communications Authority.

The purpose of the accompanying regulations are to enable carriage service providers to use standard forms of agreement with their customers, not only for the supply of a standard telephone service as specified in the Act, but also for the supply of other mass market, carriage services and ancillary goods and ancillary services as specified in the proposed regulations. These include:

* handset rentals;

* services capable of data transmission such as Fax Stream;

* services which use tone dialling such as pay by phone;

* telephone information services (0055/1900);

* Freecall 1800;

* Dial It Information;

* Telecard; and

* EasyCall.

The regulations overcome the need for a carriage service provider to enter into separate agreements with each of its customers. Given that many contracts with customers on the terms and conditions of supply of a particular service or goods by a carriage service provider would be identical, standard forms of agreement offer the potential for carriage service providers to save on costs.

Regulation 1 - Citation

Regulation 1 provides for the citation of the Telecommunications (Standard Agreements) Regulations.

Regulation 2 - Definitions

Regulation 2 defines key terms used in the proposed regulations.

Regulation 3 - Carriage services

Regulation 3 specifies the types of carriage services that may be dealt with in standard forms of agreement as being:

(a)        Carriage services for voice telephony. This will include carriage services where there is a service rather than another customer at the other end. These include automatic reverse call charging services accessed by a customer on a call by call basis by dialling a non-geographic access code or an access code specific to a carriage service provider. For example, 13 and 1800 calls. Also included are services offering traffic management features to enable control of incoming calls.

(b)       Carriage services for the purposes of data transmission. These include facsimile services; dedicated data services such as 1900 services and public switched data services.

(c)        Carriage services for the purpose of tone signalling. These include pay by phone or other services that are activated by using tone signals or numbers on the telephone pad.

(d)        Carriage services for the purpose of live or recorded information services. These include telephone information services dedicated to the transmission of live or recorded voice messages, facsimiles and other computer stored information provided by independent service providers. Examples are Dial It Information, information lines and InfoFax services.

Regulation 4 - Ancillary goods

Regulation 4 specifies the types of goods for use in connection with a carriage service that may be dealt with in standard forms of agreement as being:

(a)       Goods for use in connection with a standard telephone service. For example, rental of telephone handsets and pagers; and supply of payphones.

(b)        Goods for use in connection with carriage services covered by regulation 3.

Regulation 5 - Ancillary services

Regulation 5 specifies the types of services for use in connection with a carriage service that may be dealt with in standard forms of agreement as being:

(a)        Services for use in connection with a standard telephone service. For example voice mail services for non-business customers; services allowing the customer to receive two calls on the one telephone service and alternate between callers; call barring and call diversion; telephone card services; and automatic reverse call charging services accessed by a customer to the home phone or other nominated phone.

(b)        Services for use in connection with carriage services covered by regulation 3.

 

Overview

The Telecommunications (Standard Agreements) Regulations 1997, enacted under the authority of the Minister for Communications, the Information Economy and the Arts, were introduced to streamline and standardise the contractual processes between carriage service providers and their customers in Australia. These regulations were created in response to the need for a more efficient and cost-effective method of managing customer agreements, particularly for mass market services and ancillary goods and services. The Telecommunications Act 1997 empowered the Governor-General to establish these regulations, aiming to facilitate the use of standard form agreements that could be used universally by carriage service providers. The policy objective of these regulations was to provide a fallback mechanism for standardised agreements, allowing for both standard and customised terms where necessary, while also ensuring transparency by mandating the public availability and filing of these agreements with the Australian Communications Authority.

Scope and Application

The Telecommunications (Standard Agreements) Regulations 1997, established under Section 594 of the Telecommunications Act 1997, facilitate the use of standardised agreements between carriage service providers and their customers, streamlining the contractual process for services and goods related to telecommunications. These regulations apply to all entities defined as carriage service providers in the Act, which includes those supplying or proposing to supply telecommunications services to the public. The geographical scope of these regulations is national, applying across all states and territories within Australia. They provide a framework for standardising agreements not only for basic voice telephony services but also for a variety of other services such as fax transmission, data transmission, tone-dialling services, and information services. The regulations also extend to ancillary goods and services, such as handset rentals and additional features like voicemail or call diversion. Importantly, these regulations do not preclude the negotiation of alternative terms between parties, acting as a fallback mechanism when specific terms cannot be agreed upon. Furthermore, they mandate the public availability of these standard forms and their registration with the Australian Communications Authority.

Key Provisions

The Telecommunications (Standard Agreements) Regulations 1997 (the Regulations) provide the framework for the use of standard forms of agreement by carriage service providers under the Telecommunications Act 1997 (the Act). Section 479 of the Act allows these providers to use a standard form of agreement as a contract with customers for specified services, such as standard telephone services and other mass market services. These include voice telephony, data transmission, tone signalling, and information services. The Regulations also cover ancillary goods and services, such as handset rentals and voice mail services, as specified in Regulations 4 and 5. Carriage service providers are required to make these standard forms of agreement publicly available and to file them with the Australian Communications Authority, as stipulated in sections 480 and 481 of the Act. This transparency ensures that customers are aware of the terms and conditions governing their services. The use of standard forms of agreement helps streamline the contracting process by allowing providers to offer uniform terms to multiple customers, thereby reducing administrative costs and complexity. Under the Act, there are specific obligations imposed on carriage service providers. They must ensure that their standard forms of agreement are comprehensive and clearly outline the terms and conditions for the services provided. Additionally, these forms must be made readily accessible to the public and filed with the appropriate regulatory authority. Failure to comply with these obligations can lead to enforcement actions by the Australian Communications Authority, which may include penalties or other regulatory measures. Breaches of the Regulations may result in civil or criminal consequences. For example, if a carriage service provider fails to make a standard form of agreement publicly available or does not file it with the authority, they could face penalties as outlined in the Act. The specific penalties are not detailed in the Explanatory Statement but typically include fines and other enforcement actions that can be substantial, depending on the severity and nature of the breach. These measures are designed to ensure compliance and protect consumer interests.

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Commercial Law
Telecommunications Law
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Regulation
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Definitions & Interpretation
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.