Australian Capital Territory Consolidated Acts

UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - NOTES

Note 2     In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

              •     exercise

              •     law (of the Territory)

              •     property

              •     Territory land.

"authorised person", for a carrier, means an authorised person appointed for the carrier under section 18 (Authorised people).

"carrier"—see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions).

"defined land"—see section 5 (Land to which Act applies).

"installation" means an installation of a telecommunications facility mentioned in section 6 (Installations to which Act applies).

"land" includes water.

"land-holder" means—

        (a)     in relation to leased Territory land—

              (i)     the lessee; or

              (ii)     if the land is occupied by someone other than the lessee—the occupier; or

        (b)     in relation to unleased Territory land—the director-general of the administrative unit in the public service whose responsibilities include managing the use of the land; or

        (c)     in relation to land the subject of an agreement or arrangement mentioned in section 5 (b) (Land to which Act applies)—any person prescribed under the regulations.

"line"—see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions).

"responsible utility"—see the Utilities Act 2000, dictionary.

"telecommunications facility "means a line, related equipment or fitting used, or for use, in a telecommunications network.

"telecommunications network"—see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions).

"utility network facility" means a network facility under the Utilities Act 2000, dictionary.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Utilities (Telecommunications Installations) Act 2001 No 34

notified 29 June 2001 (Gaz 2001 No S36)

s 1, s 2 commenced 29 June 2001 (IA s 10B)

remainder (ss 3-23) commences 1 July 2001 (s 2)

as amended by

Statute Law Amendment Act 2002 No 30 pt 3.88

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

pt 3.88 commenced 17 September 2002

Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.18

notified LR 20 December 2002

s 1, s 2 commenced 20 December 2002 (LA s 75 (1))

sch 3 pt 3.18 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)

Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.35
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

sch 1 pt 1.35 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.166

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.166 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Commencement
s 2     om R1 (LA s 89 (4))

Installations to which Act applies
s 6     am 2002 No 30 amdts 3.969-3.971; A2002-56 amdt 3.80
    sub A2007-25 amdt 1.207

Carrier's continuing rights concerning installations
s 10     am 2002 No 30 amdt 3.972

Service of notices
s 12     sub 2002 No 30 amdt 3.973

Authorised people
s 18     am 2002 No 30 amdt 3.974, amdt 3.975

Dictionary
dict     am 2002 No 30 amdt 3.976
    def land-holder am A2011-22 amdt 1.463

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 12 Sept 2001	1 July 2001– 16 Sept 2002	not amended	new Act
R2 3 Oct 2002	17 Sept 2002– 30 June 2003	A2002-30	amendments by A2002-30
R3 1 July 2003	1 July 2003– 30 Mar 2008	A2002-56	amendments by A2002-56
R4 31 Mar 2008	31 Mar 2008– 30 June 2011	A2007-25	amendments by A2007-25

© Australian Capital Territory 2011

Australian Capital Territory

A2001-34

Republication No 5

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Utilities (Telecommunications Installations) Act 2001

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Utilities (Telecommunications Installations) Act 2001

Endnotes

Australian Capital Territory

Utilities (Telecommunications Installations) Act 2001