TELECOMMUNICATIONS ACT 1997
Table of Provisions
PART 1--INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Regulatory policy
- 5 Simplified outline
- 6 Main index
- 7 Definitions
- 8 Crown to be bound
- 9 Extra - territorial application
- 10 Extension to external Territories
- 11 Extension to offshore areas
- 11A Application of the Criminal Code
- 12 Act subject to Radiocommunications Act
- 13 Continuity of partnerships
- 14 Controlled carriage services, controlled networks and controlled facilities
- 15 Content service
- 16 Listed carriage services
- 18 Access to an emergency call service
- 19 Recognised person who operates an emergency call service
- 20 Customer cabling
- 21 Customer equipment
- 22 Customer cabling and customer equipment--boundary of a telecommunications network
- 23 Immediate circle
- 24 Extended meaning of use
PART 2--NETWORK--UNITS
Division 1--Simplified outline
- 25 Simplified outline
Division 2--Basic definition
- 26 Single line links connecting distinct places in Australia
- 27 Multiple line links connecting distinct places in Australia
- 28 Designated radiocommunications facility
- 29 Facilities specified in Ministerial determination
Division 3--Related definitions
- 30 Line links
- 31 Designated radiocommunications facility
- 32 Public mobile telecommunications service
- 33 Intercell hand - over functions
- 34 When a base station is part of a terrestrial radiocommunications customer access network
- 35 Fixed radiocommunications link
Division 4--Distinct places
- 36 Distinct places--basic rules
- 37 Properties
- 38 Combined areas
- 39 Principal user of a property
- 40 Eligible combined areas
PART 3--CARRIERS
Division 1--Simplified outline
- 41 Simplified outline
Division 2--Prohibitions relating to carriers
- 42 Network unit not to be used without carrier licence or nominated carrier declaration
- 43 Continuing offences
- 44 Supply to the public
- 45 Exemption--defence
- 46 Exemption--intelligence operations
- 47 Exemption--transport authorities
- 48 Exemption--broadcasting services
- 49 Exemption--electricity supply bodies
- 50 Exemption--line links authorised by or under previous laws
- 51 Exemption--Ministerial determination
Division 3--Carrier licences
- 52 Applications for carrier licence
- 53 Form of application etc.
- 53A Copy of application to be given to Communications Access Co - ordinator
- 54 Application to be accompanied by charge
- 55 Further information
- 56 Grant of licence
- 56AA Deemed carrier licence--designated Telstra successor company
- 56A Consultation with Communications Access Co - ordinator
- 57 Carrier licence has effect subject to this Act
- 58 Refusal of carrier licence--disqualified applicant
- 58A Refusal of carrier licence--security
- 59 Time limit on licence decision
- 60 Notification of refusal of application
- 61 Conditions of carrier licence specified in Schedule 1
- 62 Condition of carrier licence set out in section 152AZ of the Competition and Consumer Act 2010
- 62A Condition of carrier licence set out in section 152BCO of the Competition and Consumer Act 2010
- 62B Condition of carrier licence set out in section 152BDF of the Competition and Consumer Act 2010
- 62C Condition of carrier licence set out in section 152BEC of the Competition and Consumer Act 2010
- 62D Condition of carrier licence set out in section 152CJC of the Competition and Consumer Act 2010
- 62E Condition of carrier licence set out in section 37 of the National Broadband Network Companies Act 2011
- 63 Conditions of carrier licence declared by Minister
- 63A Conditions of a carrier licence held by Telstra Limited
- 64 Consultation about declared licence conditions
- 65 Conditions about foreign ownership or control
- 67 Carrier licence conditions--special provisions
- 68 Compliance with conditions
- 69 Remedial directions--breach of condition
- 69AA Remedial directions--breach of conditions relating to access
- 70 Formal warnings--breach of condition
- 71 Surrender of carrier licence
- 72 Cancellation of carrier licence
- 73 Collection of charges relating to carrier licences
- 73A Refund of application charge
- 74 Collection of charges on behalf of the Commonwealth
- 75 Cancellation of certain exemptions from charge
- 76 Commonwealth not liable to charge
Division 4--Nominated carrier declarations
- 77 Applications for nominated carrier declarations
- 78 Application to be accompanied by charge etc.
- 79 Form of application etc.
- 80 Further information
- 81 Making a nominated carrier declaration
- 81A Obligations of nominated carrier
- 82 Notification of refusal of application
- 83 Revocation of nominated carrier declaration
Division 5--Register of nominated carrier declarations and carrier licences
- 84 Register of nominated carrier declarations and carrier licences
PART 4--SERVICE--PROVIDERS
Division 1--Simplified outline
- 85 Simplified outline
Division 2--Service providers
- 86 Service providers
Division 3--Carriage service providers
- 87 Carriage service providers
- 88 Supply to the public
- 89 Exemption from definition--customers located on the same premises
- 90 Exemption from definition--defence
- 91 Exemption from definition--intelligence operations
- 92 Exemption from definition--transport authorities
- 93 Exemption from definition--broadcasting services
- 94 Exemption from definition--electricity supply bodies
- 95 Exemption from definition--Ministerial determination
- 96 Exemption from certain regulatory provisions--Ministerial determination
Division 4--Content service providers
- 97 Content service providers
Division 5--Service provider rules
- 98 Service provider rules
- 99 Service provider determinations
- 100 Exemptions from service provider rules
- 101 Service providers must comply with service provider rules
- 102 Remedial directions--breach of service provider rules
- 103 Formal warnings--breach of service provider rules
PART 5--MONITORING--OF THE PERFORMANCE OF CARRIERS AND CARRIAGE SERVICE PROVIDERS
- 104 Simplified outline
- 105 Monitoring of performance--annual report
- 105A Monitoring of performance--additional report
- 105C Monitoring of breaches by a designated Telstra successor company of an undertaking about structural separation
PART 6--INDUSTRY--CODES AND INDUSTRY STANDARDS
Division 1--Simplified outline
- 106 Simplified outline
Division 2--Interpretation
- 107 Industry codes
- 108 Industry standards
- 108A Electronic messaging service provider
- 108B Telecommunications industry
- 109 Telecommunications activity
- 109B Telemarketing activity
- 109C Fax marketing activity
- 110 Sections of the telecommunications industry
- 110B Sections of the telemarketing industry
- 110C Sections of the fax marketing industry
- 111 Participants in a section of the telecommunications industry
- 111AA Participants in a section of the telemarketing industry
- 111AB Participants in a section of the fax marketing industry
- 111B Unsolicited commercial electronic messages
Division 3--General principles relating to industry codes and industry standards
- 112 Statement of regulatory policy
- 113 Examples of matters that may be dealt with by industry codes and industry standards
- 114 Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman
- 115 Industry codes and industry standards not to deal with certain design features and performance requirements
- 116 Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act
- 116A Industry codes and standards do not affect Privacy Act 1988
Division 4--Industry codes
- 117 Registration of industry codes
- 118 ACMA may request codes
- 119 Publication of notice where no body or association represents a section of the telecommunications industry, the telemarketing industry or the fax marketing industry
- 119A Variation of industry codes
- 119B Publication requirements for submissions
- 120 Replacement of industry codes
- 121 Directions about compliance with industry codes
- 122 Formal warnings--breach of industry codes
- 122A De - registering industry codes and provisions of industry codes
Division 5--Industry standards
- 123 ACMA may determine an industry standard if a request for an industry code is not complied with
- 124 ACMA may determine industry standard where no industry body or association formed
- 125 ACMA may determine industry standards where industry codes fail
- 125AA ACMA must determine an industry standard if directed by the Minister
- 125A ACMA must determine certain industry standards relating to the telemarketing industry
- 125B ACMA must determine certain industry standards relating to the fax marketing industry
- 126 Industry standards not to be determined for certain privacy matters
- 128 Compliance with industry standards
- 129 Formal warnings--breach of industry standards
- 130 Variation of industry standards
- 131 Revocation of industry standards
- 132 Public consultation on industry standards
- 133 Consultation with ACCC and the Telecommunications Industry Ombudsman
- 134 Consultation with Information Commissioner
- 135 Consultation with consumer body
- 135A Consultation with the States and Territories
Division 6--Register of industry codes and industry standards
- 136 ACMA to maintain Register of industry codes and industry standards
Division 6A--Reimbursement of costs of development or variation of consumer-related industry codes
- 136A Application for eligibility for reimbursement of costs of development or variation of consumer - related industry code
- 136B Declaration of eligibility for reimbursement of costs of development or variation of consumer - related industry code
- 136C Reimbursement of costs of developing or varying consumer - related industry code
- 136D Costs--transactions between persons not at arm's length
- 136E Refundable cost
Division 7--Miscellaneous
- 137 Protection from civil proceedings
- 138 Implied freedom of political communication
- 139 Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part
PART 8--LOCAL--ACCESS LINES
Division 1--Introduction
- 142 Simplified outline of this Part
- 142A Definitions
- 142B Functional separation undertaking given by a person
- 142BA Promotion of the long - term interests of end - users of carriage services and of services supplied by means of carriage services
- 142BB Terms and conditions
- 142BC Unsatisfactory compliance record
- 142BD Designated carriage service
Division 2--Supply of eligible services to be on wholesale basis
- 142C Supply of eligible services to be on wholesale basis--lines that come into existence on or after the designated commencement date etc.
- 143 Supply of eligible services to be on wholesale basis--networks in existence before the designated commencement date etc.
- 143AA Judicial enforcement of prohibitions
Division 2A--Exemptions
- 143A Class exemptions
- 143B Compliance with conditions and limitations of exemption determinations
- 143C Judicial enforcement of conditions and limitations of exemption determinations
- 143D Publication of list of persons who have elected to be bound by exemption determinations
- 143E Exemptions--certain real estate development projects etc.
- 143F Exemptions--lines installed in close proximity to other lines
- 143G Exemptions--networks covered by exemption instruments
- 143H Exemption--networks marketed as business networks
- 144 Exemptions--Ministerial instrument
- 145 Exemption--transport authorities
- 146 Exemption--electricity supply bodies
- 147 Exemption--gas supply bodies
- 148 Exemption--water supply bodies
- 149 Exemption--sewerage services bodies
- 150 Exemption--storm water drainage services bodies
- 151 Exemption--State or Territory road authorities
Division 2B--Functional separation undertakings
- 151A Standard functional separation undertaking
- 151B Deemed standard functional separation undertaking
- 151C Joint functional separation undertaking
- 151D Further information about undertaking
- 151E Withdrawal of undertaking that is under consideration
- 151F ACCC to accept or reject functional separation undertaking
- 151G Consultation--acceptance or rejection of undertaking
- 151H Serial undertakings
- 151J Criteria for accepting functional separation undertaking
- 151K Variation of functional separation undertaking that is under consideration
- 151L Replacement of functional separation undertaking that is under consideration
- 151M Renewal of functional separation undertaking
- 151N Variation of expiry time of certain functional separation undertakings
- 151P Duration of functional separation undertaking
- 151Q Variation of functional separation undertaking that is in force
- 151R Further information about variation of functional separation undertaking
- 151S Withdrawal of variation that is under consideration
- 151T ACCC to accept or reject variation
- 151U Consultation--acceptance or rejection of variation
- 151V Criteria for accepting variation
- 151W Revocation of functional separation undertaking
- 151X Consultation--revocation of functional separation undertaking
- 151Y Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation
- 151Z Variation of functional separation undertaking following giving of revocation notice
- 151ZA Reporting obligations following giving of revocation notice
- 151ZB Requirement to notify changes in control of person who gave undertaking
- 151ZC Register of functional separation undertakings
- 151ZD Compliance with functional separation undertaking
- 151ZE Enforcement of functional separation undertaking
Division 2C--Non-discrimination rules
- 151ZF Eligible services to be supplied on a non - discriminatory basis
- 151ZG Eligible services--related activities to be carried on on a non - discriminatory basis
- 151ZH Statement about the differences between an access agreement and an offer etc.
- 151ZHA Judicial enforcement of non - discrimination rules
Division 3--Other provisions
- 151ZI Anti - avoidance
- 151ZJ Self - incrimination
- 151ZK Delegation
- 151ZL Review by the Australian Competition Tribunal
- 151ZM Functions and powers of the Australian Competition Tribunal etc.
- 151ZN Provisions that do not apply in relation to an Australian Competition Tribunal review
- 152 Associate
- 153 Control
- 154 Control of a company
- 155 When a person is in a position to exercise control of a network
- 155A When a person is in a position to exercise control of a line
- 156 Deemed networks etc.
- 156A Certain lines deemed to have come into existence on or after the designated commencement date
- 157 Certain installations and connections are not taken to be an extension, alteration or upgrade of a network
- 158 Local access line
- 158A Deemed local access lines
- 159 Alteration
- 160 Upgrade of telecommunications network
- 161 Extended meaning of residential customer
- 162 Close proximity
PART 13--PROTECTION--OF COMMUNICATIONS
Division 1--Introduction
- 270 Simplified outline
- 271 Eligible person
- 272 Number - database operator and eligible number - database person
- 273 Information
- 274 Telecommunications contractor
- 275 Number - database contractor
- 275A Location information
- 275B Emergency management person
- 275C Emergency
- 275D Emergency law
- 275E Relevant information
Division 2--Primary disclosure/use offences
- 276 Primary disclosure/use offence--eligible persons
- 277 Primary disclosure/use offence--eligible number - database persons
- 278 Primary disclosure/use offence--emergency call persons
Division 3--Exceptions to primary disclosure/use offences
Subdivision A--Exceptions- 279 Performance of person's duties
- 280 Authorisation by or under law
- 281 Witnesses
- 284 Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman
- 285 Integrated public number database
- 285A Data for emergency warnings
- 286 Calls to emergency service number
- 287 Threat to person's life or health
- 288 Communications for maritime purposes
- 289 Knowledge or consent of person concerned
- 290 Implicit consent of sender and recipient of communication
- 291 Business needs of other carriers or service providers
- 291A Location dependent carriage services
- 292 Circumstances prescribed in the regulations
- 293 Uses connected with exempt disclosures
- 294 Effect of this Subdivision Subdivision B--Burden of proof
- 295 Burden of proof
Division 3A--Integrated public number database authorisations
Subdivision A--ACMA scheme for the granting of authorisations- 295A ACMA to make integrated public number database scheme
- 295B Scheme must deal with certain matters
- 295C Applications may be treated differently
- 295D Scope of authorisations
- 295E Provisional and final authorisations
- 295F Conditions
- 295G Varying or revoking authorisations
- 295H Scheme may confer administrative powers on the ACMA
- 295J Ancillary or incidental provisions
- 295K Scheme - making power not limited
- 295L Variation of scheme
- 295M Consultation Subdivision B--Ministerial instruments
- 295N Criteria for deciding authorisation applications
- 295P Conditions
- 295Q Other reviewable decisions Subdivision C--Enforcing compliance with conditions of authorisations
- 295R Offence of breaching a condition
- 295S Remedial directions for breaching a condition
- 295T Formal warnings for breaching a condition Subdivision D--Report to Minister
- 295U Report to Minister
Division 3B--Emergency warnings
- 295V Use or disclosure of information by emergency management persons
- 295W Use or disclosure of information by other persons
- 295X Effect on telecommunications network
- 295Y Coronial and other inquiries
- 295Z Offence--use or disclosure of information by emergency management persons
- 295ZA Offence--use or disclosure of information by other persons
- 295ZB Reports of access
- 295ZC Annual reports to the ACMA and Information Commissioner
- 295ZD Arrangements with States and Territories
- 295ZE Commonwealth immunity
Division 4--Secondary disclosure/use offences
- 296 Performance of person's duties
- 297 Authorisation by or under law
- 299 Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman
- 299A Integrated public number database
- 300 Threat to person's life or health
- 301 Communications for maritime purposes
- 302 Business needs of other carriers or service providers
- 302A Location dependent carriage services
- 303 Secondary offence--contravening this Division
- 303A Generality of Division not limited
Division 4A--Relationship with the Privacy Act 1988
- 303B Acts taken to be authorised by this Act for purposes of Privacy Act
- 303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988
Division 5--Record-keeping requirements
- 304 Associate
- 305 Authorisations under the Telecommunications (Interception and Access) Act 1979
- 306 Record of disclosures--general
- 306A Record of disclosures--prospective authorisation under the Telecommunications (Interception and Access) Act 1979
- 307 Incorrect records
- 308 Annual reports to the ACMA by carriers, carriage service providers or number - database operators
- 309 Monitoring by the Information Commissioner
Division 6--Instrument-making powers not limited
- 310 Instrument - making powers not limited
PART 14--NATIONAL--INTEREST MATTERS
Division 1--Simplified outline
- 311 Simplified outline
Division 2--Obligations of ACMA and carriers and carriage service providers
- 312 ACMA's obligations
- 313 Obligations of carriers and carriage service providers
- 314 Terms and conditions on which help is to be given
Division 3--Notification of changes to telecommunications services or telecommunications systems relating to obligation under subsection 313(1A) or (2A)
Subdivision A--Individual notifications- 314A Individual notifications
- 314B Assessment of proposed change Subdivision B--Security capability plans
- 314C Security capability plans
- 314D Assessment of security capability plan
- 314E Relationship with section 314A
Division 4--Carriage service provider may suspend supply of carriage service in an emergency
- 315 Suspension of supply of carriage service in an emergency
Division 5--Directions by Home Affairs Minister
- 315A Direction if use or supply of carriage services prejudicial to security
- 315B Direction if risk of unauthorised interference or access involving telecommunications networks or facilities
Division 6--Home Affairs Secretary's information-gathering powers
- 315C Home Affairs Secretary may obtain information and documents from carriers and carriage service providers
- 315D Self - incrimination
- 315E Copies of documents
- 315F Retention of documents
- 315G Delegation by Home Affairs Secretary
Division 7--Information sharing and confidentiality
- 315H Information sharing and confidentiality
Division 8--Annual report
- 315J Annual report
Division 8A--Review by Parliamentary Joint Committee on Intelligence and Security
- 315K Review by Parliamentary Joint Committee on Intelligence and Security
Division 9--Generality of Part not limited
- 316 Generality of Part not limited
PART 15--INDUSTRY--ASSISTANCE
Division 1--Introduction
- 317A Simplified outline of this Part
- 317B Definitions
- 317C Designated communications provider etc.
- 317D Electronic service
- 317E Listed acts or things
- 317F Extension to external Territories
Division 2--Voluntary technical assistance
- 317G Voluntary technical assistance provided to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency
- 317H Form of technical assistance request
- 317HAA Provision of advice to designated communications providers
- 317HAB Notification obligations
- 317HA Duration of technical assistance request
- 317J Specified period etc.
- 317JAA Decision - making criteria
- 317JA Variation of technical assistance requests
- 317JB Revocation of technical assistance requests
- 317JC Whether a technical assistance request is reasonable and proportionate
- 317K Contract etc.
Division 3--Technical assistance notices
- 317L Technical assistance notices
- 317LA Approval of technical assistance notices given by the chief officer of an interception agency of a State or Territory
- 317M Form of technical assistance notice
- 317MAA Provision of advice to designated communications providers
- 317MAB Notification obligations
- 317MA Duration of technical assistance notice
- 317N Compliance period etc.
- 317P Decision - making criteria
- 317PA Consultation about a proposal to give a technical assistance notice
- 317Q Variation of technical assistance notices
- 317R Revocation of technical assistance notices
- 317RA Whether requirements imposed by a technical assistance notice are reasonable and proportionate
Division 4--Technical capability notices
- 317S Attorney - General may determine procedures and arrangements relating to requests for technical capability notices
- 317T Technical capability notices
- 317TAAA Approval of technical capability notice
- 317TAA Provision of advice to designated communications providers
- 317TAB Notification obligations
- 317TA Duration of technical capability notice
- 317U Compliance period etc.
- 317V Decision - making criteria
- 317W Consultation about a proposal to give a technical capability notice
- 317WA Assessment and report
- 317X Variation of technical capability notices
- 317XA Approval of variation of technical capability notice
- 317Y Consultation about a proposal to vary a technical capability notice
- 317YA Assessment and report
- 317Z Revocation of technical capability notices
- 317ZAA Whether requirements imposed by a technical capability notice are reasonable and proportionate
Division 5--Compliance and enforcement
- 317ZA Compliance with notices--carriers and carriage service providers
- 317ZB Compliance with notices--designated communications provider (other than a carrier or carriage service provider)
- 317ZC Civil penalty provision
- 317ZD Enforceable undertakings
- 317ZE Injunctions
Division 6--Unauthorised disclosure of information etc.
Division 7--Limitations
- 317ZG Designated communications provider must not be requested or required to implement or build a systemic weakness or systemic vulnerability etc.
- 317ZGA Limits on technical capability notices
- 317ZH General limits on technical assistance requests, technical assistance notices and technical capability notices
Division 8--General provisions
- 317ZJ Immunity
- 317ZK Terms and conditions on which help is to be given etc.
- 317ZKA Notification obligations
- 317ZL Service of notices etc.
- 317ZM Interception agency--chief officer and officer
- 317ZN Delegation by Director - General of Security
- 317ZP Delegation by Director - General of the Australian Secret Intelligence Service
- 317ZQ Delegation by Director - General of the Australian Signals Directorate
- 317ZR Delegation by the chief officer of an interception agency
- 317ZRA Relationship of this Part to parliamentary privileges and immunities
- 317ZRB Inspection of records
- 317ZS Annual reports
- 317ZT Alternative constitutional basis
PART 16--DEFENCE--REQUIREMENTS AND DISASTER PLANS
Division 1--Introduction
Division 2--Supply of carriage services
- 335 Requirement to supply carriage services for defence purposes or for the management of natural disasters
Division 3--Defence planning
- 336 Definitions
- 337 Preparation of draft agreement
- 338 ACMA's certification of draft agreement
- 339 Requirement to enter into certified agreement
- 340 Compliance with agreement
- 341 Withdrawal of certification of agreement
- 342 Duration of agreement
- 343 Variation of agreement
Division 4--Disaster plans
- 344 Designated disaster plans
- 345 Carrier licence conditions about designated disaster plans
- 346 Service provider determinations about designated disaster plans
- 346A Carrier and carriage service provider immunity
Division 5--Delegation
- 347 Delegation
PART 17--PRE---SELECTION IN FAVOUR OF CARRIAGE SERVICE PROVIDERS
- 348 Simplified outline
- 349 Requirement to provide pre - selection
- 349A Local access line
- 350 When pre - selection is provided in favour of a carriage service provider
- 350A Declared carriage services
- 351 Pre - selection to be provided
- 352 Exemptions from requirement to provide pre - selection
- 353 Use of over - ride dial codes
PART 18--CALLING--LINE IDENTIFICATION
- 354 Simplified outline
- 355 Calling line identification
- 356 Exemptions from calling line identification requirement
PART 19--STATUTORY--INFRASTRUCTURE PROVIDERS
Division 1--Introduction
- 360 Simplified outline of this Part
- 360A Definitions
- 360AA Qualifying fixed wireless carriage service
Division 2--Service areas and statutory infrastructure providers
Subdivision AA--Introduction- 360B Simplified outline of this Division
- 360C Definition of service area Subdivision A--Rules applicable before the designated day
- 360D Interim NBN service area
- 360E Statutory infrastructure provider for an interim NBN service area Subdivision B--Rules applicable after the start of the designated day
- 360F General service area
- 360G Statutory infrastructure provider for the general service area Subdivision C--Rules applicable before, at and after the start of the designated day
- 360H Nominated service area--declaration made by a carrier
- 360HA Nominated service area--anticipatory notice to be given to the ACMA by a carrier
- 360J Nominated service area--carrier licence conditions declarations
- 360K Statutory infrastructure provider for a nominated service area
- 360L Designated service area and statutory infrastructure provider Subdivision D--Format of description of areas
- 360LA Format of description of areas
Division 3--Obligations of statutory infrastructure provider
- 360P Obligation of statutory infrastructure provider to connect premises
- 360Q Obligation of statutory infrastructure provider to supply eligible services--premises
- 360R Notification obligations of statutory infrastructure provider
- 360S Targets for NBN Co
Division 4--Standards, benchmarks and rules
Division 5--Publication of offers
- 360W Publication of offer etc.--connection of premises
- 360X Publication of offer--supply of eligible services
Division 6--Miscellaneous
- 360XA Periodic compliance reports
- 360Y Building redevelopment projects etc.
- 360Z Register of statutory infrastructure providers and anticipatory notices
- 360ZA Delegation
PART 20--INTERNATIONAL--ASPECTS OF ACTIVITIES OF THE TELECOMMUNICATIONS INDUSTRY
Division 1--Simplified outline
- 364 Simplified outline
Division 2--Compliance with international agreements
Division 3--Rules of conduct about dealings with international telecommunications operators
- 367 Rules of conduct about dealings with international telecommunications operators
- 368 ACCC to administer Rules of Conduct
- 369 Rules of Conduct to bind carriers and carriage service providers
- 370 Unenforceability of agreements
- 371 Investigations by the ACCC
- 372 Reviews of the operation of this Division
PART 20A--DEPLOYMENT--OF OPTICAL FIBRE ETC.
Division 1--Simplified outline
- 372A Simplified outline
Division 2--Deployment of optical fibre lines
- 372B Deployment of optical fibre lines to building lots
- 372C Deployment of optical fibre lines to building units
- 372D Exemptions--Ministerial instrument
Division 3--Installation of fibre-ready facilities
Subdivision A--Installation obligations- 372E Installation of fibre - ready facilities--building lots
- 372F Installation of fibre - ready facilities--building units Subdivision B--Sale of building lots and building units
- 372G Sale of building lots and building units--subdivisions
- 372H Sale of building units--other projects
- 372J Acquisition of property Subdivision D--Exemptions
- 372K Exemptions--Ministerial instrument
Division 4--Third party access regime
- 372L Third party access regime
- 372M Terms and conditions of access
- 372N Exemptions--Ministerial instrument
- 372NA Code relating to access
Division 5--Exemption of certain projects
- 372P Exemption of certain projects
Division 6--Miscellaneous
- 372Q Real estate development projects etc.
- 372R Subdivision of an area of land
- 372S Building units
- 372T Sale of building lots
- 372U Sale of building units
- 372V Fixed - line facilities
- 372W Fibre - ready facility
- 372X Installation of a facility
- 372Y Installation of a fibre - ready facility in proximity to a building lot or building unit
- 372Z Sewerage services, electricity or water supplied to a building lot or building unit
- 372ZA Supply to the public
- 372ZB Concurrent operation of State and Territory laws
- 372ZD NBN Co
PART 21--TECHNICAL--REGULATION
Division 1--Simplified outline
- 373 Simplified outline
Division 2--Interpretative provisions
- 374 Part applies to networks or facilities in Australia operated by carriers or carriage service providers
- 375 Manager of network or facility
Division 3--Technical standards about customer equipment and customer cabling
- 376 ACMA's power to make technical standards
- 376A ACMA must make technical standards if directed by the Minister
- 377 Adoption of voluntary standards
- 378 Procedures for making technical standards
- 379 Making technical standards in cases of urgency
Division 4--Disability standards
- 380 Disability standards
- 381 Adoption of voluntary standards
- 382 Procedures for making disability standards
- 383 Effect of compliance with disability standards
Division 5--Technical standards about the interconnection of facilities
- 384 ACMA's power to make technical standards
- 385 Adoption of voluntary standards
- 386 Procedures for making technical standards
- 387 Procedures for making technical standards
- 388 Provision of access
- 389 Promotion of the long - term interests of end - users of carriage services and of services supplied by means of carriage services
Division 5A--Technical standards relating to Layer 2 bitstream services
Division 6--Connection permits and connection rules
Subdivision A--Connection permits authorising the connection of non-standard customer equipment and non-standard cabling- 390 Application for connection permit
- 391 Form of application
- 392 Application to be accompanied by charge
- 393 Further information
- 394 Issue of connection permits
- 395 Connection permit has effect subject to this Act
- 396 Nominees of holder
- 397 Duration of connection permits
- 398 Conditions of connection permits
- 399 Offence of contravening condition
- 400 Formal warnings--breach of condition
- 401 Surrender of connection permit
- 402 Cancellation of connection permit
- 403 Register of connection permits Subdivision B--Connection rules
- 404 Connection rules
- 405 Procedures for making connection rules
Division 7--Labelling of customer equipment and customer cabling
- 406 Application of labels
- 406A Application of Division to agent of manufacturer or importer
- 407 Labelling requirements
- 408 Requirements to apply labels--ancillary matters
- 409 Recognised testing authorities and competent bodies
- 410 Certification bodies
- 411 Connection of customer equipment or customer cabling--breach of section 376 standards
- 412 Connection of labelled customer equipment or customer cabling not to be refused
- 413 Supply of unlabelled customer equipment or unlabelled customer cabling
- 414 Applying labels before satisfying requirements under subsection 408(5)
- 415 Failure to retain records etc.
- 416 Application of labels containing false statements about compliance with standards
Division 8--Protected symbols
- 417 Protected symbols
Division 9--Cabling providers
- 418 Cabling work
- 419 Types of cabling work
- 420 Prohibition of unauthorised cabling work
- 421 Cabling provider rules
- 422 Procedures for making cabling provider rules
- 423 Application for cabling licence
- 424 Form of application
- 425 Application to be accompanied by charge
- 426 Further information
- 427 Grant of cabling licence
- 428 Time limit on licence decision
- 429 Notification of refusal of application
- 430 Cabling licence has effect subject to this Act
- 431 Duration of cabling licence
- 432 Conditions of cabling licence
- 433 Procedures for changing licence conditions
- 434 Offence in relation to contravening condition
- 435 Formal warnings--breach of condition
- 436 Surrender of cabling licence
- 437 Suspension of cabling licence
- 438 Cancellation of cabling licence
- 439 ACMA may limit application of Division in relation to customer cabling
- 440 Ministerial directions
- 441 Delegation
- 442 Register of cabling licences
Division 10--Remedies for unauthorised connections to telecommunications networks etc.
- 443 Civil action for unauthorised connections to telecommunications networks etc.
- 444 Remedy for contravention of labelling requirements
- 445 Remedies for connection of unlabelled customer equipment or unlabelled customer cabling
- 446 Disconnection of dangerous customer equipment or customer cabling
- 447 Disconnection of customer equipment or customer cabling--protection of the integrity of networks and facilities
- 448 Civil action for dangerous connections to telecommunications networks etc.
- 449 Other remedies not affected
Division 11--Prohibited customer equipment and prohibited customer cabling
- 450 Declaration of prohibited customer equipment or prohibited customer cabling
- 452 Operation of prohibited customer equipment or customer cabling
Division 12--Pre-commencement labels
- 453 Pre - commencement labels
Division 13--Penalties payable instead of prosecution
- 453A Penalties payable instead of prosecution
PART 22--NUMBERING--OF CARRIAGE SERVICES AND REGULATION OF ELECTRONIC ADDRESSING
Division 1--Simplified outline
- 454 Simplified outline
Division 2--Numbering of carriage services
Subdivision AA--Management by numbering scheme manager- 454A Minister may determine numbering scheme manager
- 454B No property rights in numbers
- 454C Numbering scheme principles
- 454D Revocation of determination
- 454E Directions to numbering scheme manager
- 454F Numbering scheme manager providing information to the ACMA
- 454G Directions to comply with rules
- 454H Numbering scheme documents are not legislative instruments Subdivision A--Management by the ACMA
- 455A Application
- 455 Numbering plan
- 456 Numbering plan--supply to the public
- 457 Numbering plan--allocation otherwise than in accordance with an allocation system
- 458 Numbering plan--rules about portability of allocated numbers
- 459 ACMA to administer numbering plan
- 459A Delegation
- 460 Consultation about numbering plan
- 461 Consultation with ACCC
- 461A Making numbering plan in cases of urgency
- 462 Compliance with the numbering plan Subdivision B--Allocation system for numbers
- 463A Numbering scheme manager
- 463 Allocation system for numbers
- 464 Consultation about an allocation system Subdivision C--Miscellaneous
- 465 Register of allocated numbers
- 466 Emergency service numbers
- 468 Collection of numbering charges
- 469 Collection of charges on behalf of the Commonwealth
- 470 Cancellation of certain exemptions from charge
- 471 Commonwealth not liable to charge
- 472 Integrated public number database
- 473 Letters and symbols taken to be numbers
Division 3--Regulation of electronic addressing
- 474 Declared manager of electronic addressing
- 475 ACMA may give directions to declared manager of electronic addressing
- 476 ACCC may give directions to declared manager of electronic addressing
- 477 ACCC's directions to prevail over the ACMA's directions
PART 23--STANDARD--AGREEMENTS FOR THE SUPPLY OF CARRIAGE SERVICES
- 478 Simplified outline
- 479 Standard terms and conditions apply unless excluded
- 482 Concurrent operation of State/Territory laws
- 483 Competition and Consumer Act not affected by this Part
PART 24--CARRIERS----POWERS AND IMMUNITIES
- 484 Schedule 3
PART 24A--SUBMARINE--CABLES
- 484A Schedule 3A
PART 25--PUBLIC--INQUIRIES
Division 1--Simplified outline
- 485 Simplified outline
Division 2--Inquiries by the ACMA
- 486 When inquiry must be held
- 487 When inquiry may be held
- 488 Informing the public about an inquiry
- 489 Discussion paper
- 490 Written submissions and protection from civil actions
- 491 Hearings
- 492 Hearing to be in public except in exceptional cases
- 493 Confidential material not to be published
- 494 Direction about private hearings
- 495 Reports on inquiries
Division 3--Inquiries by the ACCC
- 496 When inquiry must be held
- 497 When inquiry may be held
- 498 Informing the public about an inquiry
- 499 Discussion paper
- 500 Written submissions and protection from civil actions
- 501 Hearings
- 502 Hearing to be in public except in exceptional cases
- 503 Confidential material not to be published
- 504 Direction about private hearings
- 505 Reports on inquiries
- 505A ACCC may use material presented to a previous public inquiry
- 505B ACCC may adopt a finding from a previous public inquiry
- 506 ACCC's other powers not limited
PART 26--INVESTIGATIONS
- 507 Simplified outline
- 508 Matters to which this Part applies
- 509 Complaints to the ACMA
- 510 Investigations by the ACMA
- 511 Preliminary inquiries
- 512 Conduct of investigations
- 513 Complainant and certain other persons to be informed of various matters
- 514 Reference of matters to Ombudsman or other responsible person
- 515 Reference of matters to the ACCC
- 515A Reference of matters to Information Commissioner
- 516 Reports on investigations
- 517 Publication of reports
- 518 Person adversely affected by report to be given opportunity to comment
- 519 Protection from civil actions
PART 27--THE--ACMA'S INFORMATION-GATHERING POWERS
Division 1--Simplified outline
- 520 Simplified outline
Division 2--Information-gathering powers
- 521 The ACMA may obtain information and documents from carriers and service providers
- 522 The ACMA may obtain information and documents from other persons
- 523 Copying documents--reasonable compensation
- 524 Self - incrimination
- 525 Giving false or misleading information or evidence
- 527 Copies of documents
- 528 ACMA may retain documents
Division 3--Record-keeping rules
- 529 ACMA may make record - keeping rules
- 530 Compliance with record - keeping rules
- 531 Incorrect records
PART 28--ENFORCEMENT
Division 1--Introduction
- 532 Simplified outline
- 532A References to the Spam Act 2003
Division 2--Inspectors and identity cards
Division 3--Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
- 535 Magistrate may issue warrant
- 536 Reasonable grounds for issuing warrant etc.
- 537 Contents of warrant
- 538 Warrants may be issued by telephone etc.
- 539 Provisions relating to issue of warrant by telephone etc.
- 540 Proceedings involving warrant issued by telephone etc.
Division 4--Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
- 541 When is a thing connected with an offence?
- 541A When is a thing connected with a breach of the Spam Act 2003 ?
- 542 Searches and seizures
- 543 Production of identity card etc.
- 544 Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003
- 545 Emergency entry, search and seizure
- 546 Retention of things seized
Division 5--Searches to monitor compliance with Part 21
- 547 Searches to monitor compliance with Part 21
Division 5A--Searches to monitor compliance with the Spam Act 2003
- 547A Powers available to inspectors for monitoring compliance
- 547B Monitoring powers
- 547C Production of identity card etc.
- 547D Monitoring warrants
- 547E Details of warrant to be given to occupier etc.
- 547F Announcement before entry
- 547G Compensation for damage to equipment
- 547H Occupier entitled to be present during search
Division 5B--Access to computer data that is relevant to the Spam Act 2003
- 547J Access to computer data that is relevant to the Spam Act 2003
Division 6--Other powers of inspectors
Division 7--Forfeiture
Division 8--Future offences
- 553 Offences that are going to be committed
PART 29--REVIEW--OF DECISIONS
- 554 Simplified outline
- 555 Decisions that may be subject to reconsideration by the ACMA
- 556 Deadlines for reaching certain decisions
- 557 Statements to accompany notification of decisions
- 558 Applications for reconsideration of decisions
- 559 Reconsideration by the ACMA
- 560 Deadlines for reconsiderations
- 561 Statements to accompany notification of decisions on reconsideration
- 562 Review by the Administrative Appeals Tribunal
PART 30--INJUNCTIONS
- 563 Simplified outline
- 564 Injunctions
- 565 Interim injunctions
- 566 Discharge etc. of injunctions
- 567 Certain limits on granting injunctions not to apply
- 568 Other powers of the court unaffected
PART 31--CIVIL--PENALTIES
- 569 Simplified outline
- 570 Pecuniary penalties for contravention of civil penalty provisions
- 571 Civil action for recovery of pecuniary penalties
- 572 Criminal proceedings not to be brought for contravention of civil penalty provisions
PART 31A--ENFORCEABLE--UNDERTAKINGS
PART 31B--INFRINGEMENT--NOTICES FOR CONTRAVENTIONS OF CIVIL PENALTY PROVISIONS
- 572D Simplified outline
- 572E When an infringement notice can be given
- 572F Matters to be included in an infringement notice
- 572G Amount of penalty
- 572H Withdrawal of an infringement notice
- 572J What happens if the penalty is paid
- 572K Effect of this Part on civil proceedings
- 572L Appointment of authorised infringement notice officer
- 572M Guidelines relating to infringement notices
- 572N Regulations
PART 32--VICARIOUS--LIABILITY
- 573 Simplified outline
- 574 Proceedings under this Act
- 574A Definition
- 575 Liability of corporations
- 576 Liability of persons other than corporations
PART 33--VOLUNTARY--UNDERTAKINGS ORIGINALLY GIVEN BY TELSTRA
Division 1--Introduction
- 577 Simplified outline
Division 2--Structural separation
Subdivision A--Undertaking about structural separation- 577A Acceptance of undertaking about structural separation
- 577AA Acceptance of undertaking about structural separation may be subject to the occurrence of events
- 577AB When undertaking about structural separation comes into force
- 577AC Publication requirements for undertaking about structural separation
- 577ACA Repointing of undertaking about structural undertaking to certain designated Telstra successor companies
- 577ACB Directions--facilitation of undertaking about structural separation
- 577AD Compliance with undertaking about structural separation
- 577B Variation of undertaking about structural separation
- 577BA Authorised conduct--subsection 51(1) of the Competition and Consumer Act 2010
- 577BAA Directions--facilitation of contract or agreement Subdivision B--Migration plan
- 577BB Migration plan principles
- 577BC Migration plan
- 577BD Approval of draft migration plan by the ACCC--plan given after undertaking about structural separation comes into force
- 577BDA Approval of draft migration plan by the ACCC--plan given before undertaking about structural separation comes into force
- 577BDB Approval of draft migration plan by the ACCC--plan given in compliance with a direction
- 577BDC Approval of draft migration plan by the ACCC--plan given in response to a request
- 577BE Effect of approval of draft migration plan
- 577BEA Repointing of final migration plan to certain designated Telstra successor companies
- 577BEB Directions--facilitation of final migration plan
- 577BF Variation of final migration plan
Division 3--Hybrid fibre-coaxial networks
- 577C Acceptance of undertaking about hybrid fibre - coaxial networks
- 577CA Acceptance of undertaking about hybrid fibre - coaxial networks may be subject to the occurrence of events
- 577CB When undertaking about hybrid fibre - coaxial networks comes into force
- 577CC Publication requirements for undertaking about hybrid fibre - coaxial networks
- 577CD Compliance with undertaking about hybrid fibre - coaxial networks
- 577D Variation of undertaking about hybrid fibre - coaxial networks
Division 4--Subscription television broadcasting licences
- 577E Acceptance of undertaking about subscription television broadcasting licences
- 577EA Acceptance of undertaking about subscription television broadcasting licences may be subject to the occurrence of events
- 577EB When undertaking about subscription television broadcasting licences comes into force
- 577EC Publication requirements for undertaking about subscription television broadcasting licences
- 577ED Compliance with undertaking about subscription television broadcasting licences
- 577F Variation of undertaking about subscription television broadcasting licences
Division 5--Enforcement of undertakings
- 577FA Enforcement of undertakings in force under section 577A
- 577G Enforcement of undertakings in force under section 577C or 577E
Division 6--Limits on allocation of spectrum licences etc.
- 577GA Excluded spectrum regime
- 577H Designated part of the spectrum
- 577J Limits on allocation of certain spectrum licences to Telstra
- 577K Limits on use of certain spectrum licences by Telstra
- 577L Limits on assignment of certain spectrum licences to Telstra etc.
Division 7--Other provisions
- 577M Associate
- 577N Control
- 577P Control of a company
- 577Q When Telstra or a designated Telstra successor company is in a position to exercise control of a network
PART 34--SPECIAL--PROVISIONS RELATING TO CONVENTIONS AND DIRECTIONS
- 579 Simplified outline
- 580 ACMA must have regard to conventions
- 581 Power to give directions to carriers and service providers
PART 34A--TELSTRA--SUCCESSOR COMPANIES AND DESIGNATED TELSTRA SUCCESSOR COMPANIES
Division 1--Introduction
- 581A Simplified outline of this Part
- 581B Object of this Part
- 581C Company
- 581D Telecommunications law
- 581E Prescribed telecommunications law
Division 2--Telstra successor company and designated Telstra successor company
- 581F Telstra successor company
- 581G Designated Telstra successor company
- 581H Declarations--criteria
- 581J Demerged Telstra company
- 581K ACMA to maintain register of Telstra successor companies and designated Telstra successor companies etc.
Division 3--Transfer of business
- 581L Telecommunications business
- 581M Notification of transfer of telecommunications business
- 581MA Notification of proposed transfer of prescribed business
Division 4--Transfer of assets
- 581N Telecommunications asset
- 581P Notification of transfer of telecommunications asset
- 581PA Notification of proposed transfer of prescribed asset
- 581Q Transfer of an asset
Division 5--Consultation relating to declarations
- 581R Consultation relating to declarations
Division 6--Directions
- 581TA Facilitation of compliance with a direction given by the ACMA
- 581TB Facilitation of obligations imposed on a named designated Telstra successor company
Division 7--Transitional
- 581U Transitional--references in legislation to Telstra Infraco Limited
PART 34B--ACCESS--TO SUPPLEMENTARY FACILITIES AND TELECOMMUNICATIONS TRANSMISSION TOWERS
Division 1--Introduction
- 581V Simplified outline of this Part
- 581W Carrier company group
- 581X Eligible company
- 581XA Deemed bodies corporate
Division 2--Access to supplementary facilities
- 581Y Access to supplementary facilities
- 581Z Terms and conditions of access
- 581ZA Ministerial pricing determinations
Division 3--Access to telecommunications transmission towers
- 581ZB Definitions
- 581ZBA Telecommunications transmission tower
- 581ZC Extended meaning of access
- 581ZD Access to telecommunications transmission towers
- 581ZE Terms and conditions of access
- 581ZF Code relating to access
- 581ZG This Division does not limit Division 2
Division 4--Review of corporate control percentage
- 581ZH Review of corporate control percentage
PART 35--MISCELLANEOUS
- 582 Simplified outline
- 583 Penalties for certain continuing offences
- 584 Procedure relating to certain continuing offences
- 585 Treatment of partnerships
- 586 Giving of documents to partnerships
- 587 Nomination of address for service of documents
- 588 Service of summons or process on foreign corporations--criminal proceedings
- 589 Instruments under this Act may provide for matters by reference to other instruments
- 590 Arbitration--acquisition of property
- 591 Compensation--constitutional safety net
- 592 Act not to affect performance of State or Territory functions
- 593 Funding of consumer representation, and of research, in relation to telecommunications
- 593A Removal of Optus Networks' tax losses
- 594 Regulations