Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L01712 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Issued by the Authority of the Minister for Communications,
Urban Infrastructure, Cities and the Arts

Telecommunications Act 1997

Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021

Authority

This instrument is made under subsections 360P(3) and 360Q(4) of the Telecommunications Act 1997 (the Act).

Purpose

The purpose of the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021 (the Amendment Instrument) is to amend the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 (the Original Instrument) so that the Original Instrument will be repealed at the start of 28 May 2024, three years after commencement.

Background

The Original Instrument commenced on 28 May 2021. It is due to sunset on 1 October 2031, in accordance with subsection 50(1) of the Legislation Act 2003.

The Original Instrument was subsequently reviewed by the Senate Standing Committee for the Scrutiny of Delegated Legislation (the Committee). The Committee recommended that the Original Instrument be amended to cease three years after commencement.

The Amendment Instrument implements the Committee’s recommendation.

Consultation

A consultation draft of the Amendment Instrument was made available on the website of the Department of Infrastructure, Transport, Regional Development and Communications (the Department) for a period of two weeks, with submissions invited from interested parties.

The Department also provided copies directly to key stakeholders including all current statutory infrastructure providers, the Australian Competition and Consumer Commission, the Australian Communications and Media Authority and other stakeholders that provided feedback on the making of the Original Instrument.

Three submissions on the Amendment Instrument were received from NBN Co, Telstra and the Telecommunications Industry Ombudsman. All were supportive of the Amendment Instrument being made in the form proposed. No other concerns were raised.

Regulatory Impact Statement

The Office of Best Practice Regulation (OBPR) has advised no Regulatory Impact Statement (RIS) is required for the Amendment Instrument and assessed the Amendment Instrument as having a no more than minor regulatory impact (OBPR ID: 44810).

Details of the accompanying instrument

The Amendment Instrument is a legislative instrument for the purposes of the Legislation Act 2003. Details of the accompanying instrument are set out in Attachment A.

Statement of compatibility with human rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

Details of the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021

Section 1 – Name

This section provides that the name of the Amendment Instrument is the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021.

Section 2 – Commencement

This section provides for the Amendment Instrument to commence on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Instrument is made under subsections 360P(3) and 360Q(4) of the Telecommunications Act 1997 (the Act).

Section 4 – Schedules

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendment

Clause 1 at the end of Part 1

Clause 1 of Schedule 1 of the Amendment Instrument inserts a new section 4A into the Original Instrument. The effect of the new section 4A is that the Original Instrument will be repealed at the start of 28 May 2024.


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021

 

The purpose of the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021 (the Amendment Instrument) is to amend the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 (the Original Instrument) so that the Original Instrument will be repealed at the start of 28 May 2024, three years after commencement.

The Original Instrument commenced on 28 May 2021. It is due to sunset on 1 October 2031, in accordance with subsection 50(1) of the Legislation Act 2003.

The Instrument was subsequently reviewed by the Senate Standing Committee for the Scrutiny of Delegated Legislation (the Committee). The Committee recommended that the Original Instrument be amended to cease three years after commencement.

The Amendment Instrument implements the Committee’s recommendation.

The Department published a consultation draft of the Amendment Instrument on its website and invited key stakeholders to make submissions. Three submissions were received from NBN Co, Telstra and the Telecommunications Industry Ombudsman. All were supportive of the Amendment Instrument being made in the form proposed. No other concerns were raised.

No human rights issues were raised during consultation on the proposed Amendment Instrument.

Human rights implications

The Amendment Instrument does not engage any of the applicable rights or freedoms.

Conclusion

The Amendment Instrument is compatible with human rights as it does not raise any human rights issues. 

Overview

The Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021, enacted under the authority of the Minister for Communications, Urban Infrastructure, Cities and the Arts, aims to adjust the circumstances for exceptions to connection and supply obligations for statutory infrastructure providers. This amendment responds to the Senate Standing Committee for the Scrutiny of Delegated Legislation's recommendation that the original determination cease three years after its commencement. The Amendment Instrument, which amends the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021, specifies that the original instrument will be repealed at the start of 28 May 2024. The policy objective is to implement the committee's recommendation and ensure the legislative framework remains effective and responsive to stakeholder feedback.

Scope and Application

The Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021 amends the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 by repealing the original instrument at the start of 28 May 2024, three years after its commencement. The original instrument, which commenced on 28 May 2021, was subject to a sunset clause under the Legislation Act 2003, which would have resulted in its automatic repeal on 1 October 2031. This amendment was made in response to a recommendation by the Senate Standing Committee for the Scrutiny of Delegated Legislation, which reviewed the original instrument. The determination applies to statutory infrastructure providers as defined under the Telecommunications Act 1997 and operates across the Commonwealth of Australia. It was made under the authority of the Minister for Communications, Urban Infrastructure, Cities and the Arts and is subject to consultation with relevant stakeholders, including statutory infrastructure providers and regulatory bodies such as the Australian Competition and Consumer Commission and the Australian Communications and Media Authority. No significant concerns were raised during the consultation process, and the determination has been assessed as having a minor regulatory impact. The amendment determination is compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Amendment Determination 2021 amends the Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 by setting the repeal date of the original determination to 28 May 2024, three years after its commencement on 28 May 2021 (Section 4A). The original determination was subject to a sunset clause, under which it was due to expire on 1 October 2031 (subsection 50(1) of the Legislation Act 2003). However, following a review by the Senate Standing Committee for the Scrutiny of Delegated Legislation, the Amendment Instrument was made to adjust the sunset clause, as recommended by the committee. The Department of Infrastructure, Transport, Regional Development and Communications invited feedback on the proposed Amendment Instrument, receiving supportive submissions from NBN Co, Telstra, and the Telecommunications Industry Ombudsman, with no other concerns raised. The Amendment Instrument imposes specific obligations on statutory infrastructure providers and other entities governed by the original determination. These entities must comply with the amended sunset clause, which requires them to adhere to the regulations set forth in the original determination until its repeal on 28 May 2024. After this date, the original determination will no longer be in effect, and the entities must comply with any new regulations that may be introduced. The amendment streamlines the regulatory framework by ensuring that the original determination does not remain in force longer than necessary, as recommended by the Senate Standing Committee. Any breaches of the provisions within the original determination before its repeal on 28 May 2024 may result in civil or criminal consequences, as outlined in the Telecommunications Act 1997. The specific penalties for breaches are not detailed in the Amendment Instrument itself but are governed by the broader provisions of the Act. The Act includes various penalties for non-compliance, which may range from fines to more severe criminal penalties, depending on the nature and severity of the breach. Entities subject to the original determination should ensure they are fully compliant with its requirements until the repeal date to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Consultation Requirements

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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.