Telecommunications (Telecom Agreements) Regulations 1991 No. 357
EXPLANATORY STATEMENT
Statutory Rule 1991 No. 357
Telecommunications (Telecom Agreements) Regulations
Issued by the Authority of the Minister for Transport and Communications
Section 406 of the Telecommunications Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 124 of the Act states Parliament's intention that all carriers should be able to become parties, on an equal basis, to certain agreements and arrangements to which Telecom was a party, at the commencement of the section relating to coordination of the respective activities of, or co-operation between, Telecom and any of the following:
public authorities of the Commonwealth or of a State or Territory; or
other bodies that supply services to the public generally.
Subsection 125(1) of the Act provides that where, at the commencement of section 125, Telecom is a party to an agreement or arrangement, a carrier (other than Telecom or its successor in law) may request AUSTEL to give directions under Division 2 of Part 7 of the Act. The Telecommunications (Telecom Agreements) Regulations prescribe for the purposes of subsection 125(1) of the Act, these agreements or arrangements.
It is intended that Telecom be required to provide AUSTEL with copies and details of all such agreements and arrangements which were force on 1 July 1991. These shall be made available to carriers on request.
AUSTEL's powers to give directions in relation to the prescribed agreements or arrangements are set out in section 126 of the Act and include the power to direct persons and parties other than carriers. Enforcement of directions to persons or parties other than carriers is provided for under section 127 of the Act.
Regulation 1 provides for the citation of the Telecommunications (Telecom Agreements) Regulations.
Regulation 2 provides that expressions in the Regulations have the meaning given in regulation 2, unless the contrary intention appears.
Regulation 3 provides that prescribed agreements or arrangements shall be those agreements or arrangements to which Telecom is a party at the commencement of section 124 of the Act that establish codes of practice or conduct of a kind referred to in section 124 of the Act.
The Regulations will commence on the date of notification in the Gazette.
Overview
The Telecommunications (Telecom Agreements) Regulations 1991 were enacted to address the gap in ensuring that all carriers, on an equal basis, could become parties to certain agreements and arrangements to which Telecom was a party at the commencement of the coordination provisions in the Telecommunications Act 1991. This was intended to facilitate a more balanced and equitable telecommunications market. Issued under the authority of the Minister for Transport and Communications, these regulations were created in response to section 406 of the Act, which empowers the Governor-General to make regulations for the purposes of the Act. The policy objective behind these regulations is to ensure that all carriers have access to the agreements and arrangements that were in place at the commencement of the coordination provisions, thereby fostering cooperation and competition in the telecommunications sector.
Scope and Application
The Telecommunications (Telecom Agreements) Regulations 1991 apply to agreements and arrangements that were in force on 1 July 1991, to which Telecom was a party. These agreements or arrangements establish codes of practice or conduct as referred to in section 124 of the Telecommunications Act 1991. The regulations aim to ensure that carriers other than Telecom can become parties to these agreements or arrangements on an equal basis, facilitating coordination and cooperation between Telecom and public authorities or other service providers. The scope of the regulations is national, as they are issued under the authority of the Minister for Transport and Communications and apply across the Commonwealth of Australia. AUSTEL (now known as the Australian Communications and Media Authority) is empowered to provide directions to carriers and other parties regarding these prescribed agreements or arrangements, with enforcement provisions outlined in the Act. The regulations are designed to be subsidiary to the principal Act, extending its application through detailed prescriptions without deviating from the legislative intent.
Key Provisions
The Telecommunications (Telecom Agreements) Regulations 1991, issued under the authority of the Minister for Transport and Communications, detail the specific agreements and arrangements that Telecom was a party to as of 1 July 1991. These agreements are prescribed under subsection 125(1) of the Telecommunications Act 1991, which allows other carriers to request the Australian Telecommunications and Media Authority (AUSTEL) to provide directions regarding these agreements. Regulation 3 specifically identifies the prescribed agreements or arrangements as those that establish codes of practice or conduct referred to in section 124 of the Act. Regulation 1 provides for the citation of the Regulations, while Regulation 2 sets out the definitions and meanings of terms used within the Regulations.
Under these Regulations, Telecom is required to provide AUSTEL with copies and details of all the prescribed agreements and arrangements that were in force on 1 July 1991. These details must be made available to other carriers upon request. This requirement ensures transparency and accessibility of information, facilitating compliance and cooperation among telecommunications carriers.
The obligations imposed on Telecom and other carriers include the provision of detailed information about the prescribed agreements to AUSTEL and the subsequent disclosure of this information to other carriers. Telecom, in particular, must ensure that all relevant agreements and arrangements are accurately documented and submitted to AUSTEL. AUSTEL, in turn, must make these documents accessible to other carriers, fostering an environment of openness and collaboration within the telecommunications sector.
Failure to comply with the requirements of these Regulations may result in enforcement actions under section 127 of the Telecommunications Act 1991. Section 127 provides for the enforcement of directions issued by AUSTEL, which can include civil and criminal penalties. The specific penalties for breaches of the Act and the Regulations are not detailed in the explanatory statement, but they may include fines or other sanctions as determined by the courts. The seriousness of the breach and any previous history of non-compliance may influence the extent of the penalties imposed.