[pic] Telecommunications Act 1997 Act No. 47 of 1997 as amended This compilation was prepared on 20 July 2008 taking into account amendments up to Act No. 22 of 2008 [Note: Subsections 531F(1) and (2) and paragraphs 531G(2)(e) and (3A)(e) cease to have effect on 27 May 2009, see subsections 531F(3), 531G(3) and (3B)] The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1-Introduction 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Objects 1 4 Regulatory policy 3 5 Simplified outline 3 6 Main index 7 7 Definitions 8 8 Crown to be bound 18 9 Extra-territorial application 18 10 Extension to external Territories 18 11 Extension to offshore areas 19 11A Application of the Criminal Code 19 12 Act subject to Radiocommunications Act 20 13 Continuity of partnerships 20 14 Controlled carriage services, controlled networks and controlled facilities 20 15 Content service 21 16 Listed carriage services 22 18 Access to an emergency call service 23 19 Recognised person who operates an emergency call service 23 20 Customer cabling 23 21 Customer equipment 24 22 Customer cabling and customer equipment-boundary of a telecommunications network 25 23 Immediate circle 27 24 Extended meaning of use 31 Part 2-Network units 32 Division 1-Simplified outline 32 25 Simplified outline 32 Division 2-Basic definition 33 26 Single line links connecting distinct places in Australia 33 27 Multiple line links connecting distinct places in Australia 33 28 Designated radiocommunications facility 34 29 Facilities specified in Ministerial determination 35 Division 3-Related definitions 36 30 Line links 36 31 Designated radiocommunications facility 36 32 Public mobile telecommunications service 38 33 Intercell hand-over functions 39 34 When a base station is part of a terrestrial radiocommunications customer access network 40 35 Fixed radiocommunications link 41 Division 4-Distinct places 43 36 Distinct places-basic rules 43 37 Properties 43 38 Combined areas 44 39 Principal user of a property 45 40 Eligible combined areas 45 Part 3-Carriers 46 Division 1-Simplified outline 46 41 Simplified outline 46 Division 2-Prohibitions relating to carriers 47 42 Network unit not to be used without carrier licence or nominated carrier declaration 47 43 Continuing offences 48 44 Supply to the public 48 45 Exemption-defence 50 46 Exemption-intelligence operations 50 47 Exemption-transport authorities 51 48 Exemption-broadcasting services 52 49 Exemption-electricity supply bodies 54 50 Exemption-line links authorised by or under previous laws 54 51 Exemption-Ministerial determination 56 Division 3-Carrier licences 58 52 Applications for carrier licence 58 53 Form of application etc. 58 53A Copy of application to be given to Communications Access Co-ordinator 58 54 Application to be accompanied by charge 58 55 Further information 58 56 Grant of licence 59 56A Consultation with Communications Access Co-ordinator 59 57 Carrier licence has effect subject to this Act 60 58 Refusal of carrier licence-disqualified applicant 61 58A Refusal of carrier licence-security 63 59 Time limit on licence decision 64 60 Notification of refusal of application 67 61 Conditions of carrier licence specified in Schedule 1 67 61A Review before 1 July 2009 of conditions relating to operational separation of Telstra 67 62 Condition of carrier licence set out in section 152AZ of the Trade Practices Act 1974 68 63 Conditions of carrier licence declared by Minister 68 64 Consultation about declared licence conditions 70 65 Conditions about foreign ownership or control 71 67 Carrier licence conditions-special provisions 71 68 Compliance with conditions 71 69 Remedial directions-breach of condition 72 69A Remedial directions-breach by Telstra of conditions relating to operational separation 73 69B Review by the Australian Competition Tribunal of remedial directions given by the ACCC 73 70 Formal warnings-breach of condition 75 71 Surrender of carrier licence 75 72 Cancellation of carrier licence 76 73 Collection of charges relating to carrier licences 77 73A Refund of application charge 79 74 Collection of charges on behalf of the Commonwealth 79 75 Cancellation of certain exemptions from charge 79 76 Commonwealth not liable to charge 80 Division 4-Nominated carrier declarations 81 77 Applications for nominated carrier declarations 81 78 Application to be accompanied by charge etc. 81 79 Form of application etc. 81 80 Further information 81 81 Making a nominated carrier declaration 82 81A Obligations of nominated carrier 82 82 Notification of refusal of application 83 83 Revocation of nominated carrier declaration 83 Division 5-Register of nominated carrier declarations and carrier licences 85 84 Register of nominated carrier declarations and carrier licences 85 Part 4-Service providers 86 Division 1-Simplified outline 86 85 Simplified outline 86 Division 2-Service providers 87 86 Service providers 87 Division 3-Carriage service providers 88 87 Carriage service providers 88 88 Supply to the public 90 89 Exemption from definition-customers located on the same premises 91 90 Exemption from definition-defence 91 91 Exemption from definition-intelligence operations 92 92 Exemption from definition-transport authorities 92 93 Exemption from definition-broadcasting services 93 94 Exemption from definition-electricity supply bodies 94 95 Exemption from definition-Ministerial determination 94 96 Exemption from certain regulatory provisions-Ministerial determination 95 Division 4-Content service providers 96 97 Content service providers 96 Division 5-Service provider rules 97 98 Service provider rules 97 99 Service provider determinations 97 100 Exemptions from service provider rules 98 101 Service providers must comply with service provider rules 98 102 Remedial directions-breach of service provider rules 99 103 Formal warnings-breach of service provider rules 100 Part 5-Monitoring of the performance of carriers and carriage service providers 101 104 Simplified outline 101 105 Monitoring of performance-annual report 101 105A Monitoring of performance-additional report 103 Part 6-Industry codes and industry standards 104 Division 1-Simplified outline 104 106 Simplified outline 104 Division 2-Interpretation 105 107 Industry codes 105 108 Industry standards 105 108A Electronic messaging service provider 105 108B Telecommunications industry 105 109 Telecommunications activity 106 109A E-marketing activity 106 109B Telemarketing activity 107 110 Sections of the telecommunications industry 109 110A Sections of the e-marketing industry 110 110B Sections of the telemarketing industry 111 111 Participants in a section of the telecommunications industry 112 111A Participants in a section of the e-marketing industry 112 111AA Participants in a section of the telemarketing industry 112 111B Unsolicited commercial electronic messages 112 Division 3-General principles relating to industry codes and industry standards 113 112 Statement of regulatory policy 113 113 Examples of matters that may be dealt with by industry codes and industry standards 115 114 Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman 117 115 Industry codes and industry standards not to deal with certain design features and performance requirements 117 116 Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act 118 116A Industry codes and standards do not affect Privacy Act 1988 119 Division 4-Industry codes 120 117 Registration of industry codes 120 118 ACMA may request codes 122 119 Publication of notice where no body or association represents a section of the telecommunications industry, the e-marketing industry or the telemarketing industry 124 120 Replacement of industry codes 124 121 Directions about compliance with industry codes 124 122 Formal warnings-breach of industry codes 126 122A De-registering industry codes and provisions of industry codes 127 Division 5-Industry standards 128 123 ACMA may determine an industry standard if a request for an industry code is not complied with 128 124 ACMA may determine industry standard where no industry body or association formed 129 125 ACMA may determine industry standards where industry codes fail 130 125A ACMA must determine certain industry standards relating to the telemarketing industry 131 126 Industry standards not to be determined for certain privacy matters 132 127 Industry standards not to be determined during the first 180 days after commencement 132 128 Compliance with industry standards 132 129 Formal warnings-breach of industry standards 133 130 Variation of industry standards 133 131 Revocation of industry standards 134 132 Public consultation on industry standards 134 133 Consultation with ACCC and the Telecommunications Industry Ombudsman 135 134 Consultation with Privacy Commissioner 135 135 Consultation with consumer body 136 135A Consultation with the States and Territories 136 Division 6-Register of industry codes and industry standards 137 136 ACMA to maintain Register of industry codes and industry standards 137 Division 6A-Reimbursement of costs of development of consumer-related industry codes 138 136A Application for eligibility for reimbursement of costs of development of consumer-related industry code 138 136B Declaration of eligibility for reimbursement of costs of development of consumer-related industry code 139 136C Reimbursement of costs of developing consumer-related industry code 140 136D Costs-transactions between persons not at arm's length 141 136E Refundable cost 142 Division 7-Miscellaneous 143 137 Protection from civil proceedings 143 138 Implied freedom of political communication 143 139 Agreements for the carrying on of telemarketing activities must require compliance with this Part 143 Part 13-Protection of communications 145 Division 1-Introduction 145 270 Simplified outline 145 271 Eligible person 145 272 Number-database operator and eligible number-database person 146 273 Information 146 274 Telecommunications contractor 146 275 Number-database contractor 146 275A Location information 147 Division 2-Primary disclosure/use offences 148 276 Primary disclosure/use offence-eligible persons 148 277 Primary disclosure/use offence-eligible number-database persons 150 278 Primary disclosure/use offence-emergency call persons 151 Division 3-Exceptions to primary disclosure/use offences 153 Subdivision A-Exceptions 153 279 Performance of person's duties 153 280 Authorisation by or under law 154 281 Witnesses 154 284 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman 155 285 Integrated public number database 155 286 Calls to emergency service number 159 287 Threat to person's life or health 159 288 Communications for maritime purposes 160 289 Knowledge or consent of person concerned 160 290 Implicit consent of sender and recipient of communication 160 291 Business needs of other carriers or service providers 161 292 Circumstances prescribed in the regulations 163 293 Uses connected with exempt disclosures 163 294 Effect of this Subdivision 164 Subdivision B-Burden of proof 164 295 Burden of proof 164 Division 3A-Integrated public number database authorisations 165 Subdivision A-ACMA scheme for the granting of authorisations 165 295A ACMA to make integrated public number database scheme 165 295B Scheme must deal with certain matters 165 295C Applications may be treated differently 165 295D Scope of authorisations 166 295E Provisional and final authorisations 166 295F Conditions 166 295G Varying or revoking authorisations 166 295H Scheme may confer administrative powers on the ACMA 166 295J Ancillary or incidental provisions 166 295K Scheme-making power not limited 167 295L Variation of scheme 167 295M Consultation 167 Subdivision B-Ministerial instruments 167 295N Criteria for deciding authorisation applications 167 295P Conditions 168 295Q Other reviewable decisions 168 Subdivision C-Enforcing compliance with conditions of authorisations 168 295R Offence of breaching a condition 168 295S Remedial directions for breaching a condition 169 295T Formal warnings for breaching a condition 169 Subdivision D-Report to Minister 169 295U Report to Minister 169 Division 4-Secondary disclosure/use offences 171 296 Performance of person's duties 171 297 Authorisation by or under law 171 299 Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman 171 299A Integrated public number database 172 300 Threat to person's life or health 173 301 Communications for maritime purposes 173 302 Business needs of other carriers or service providers 173 303 Secondary offence-contravening this Division 174 303A Generality of Division not limited 174 Division 4A-Relationship with the Privacy Act 1988 175 303B Acts taken to be authorised by law for purposes of Privacy Act 175 303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988 175 Division 5-Record-keeping requirements 176 304 Associate 176 305 Authorisations under the Telecommunications (Interception and Access) Act 1979 176 306 Record of disclosures-general 176 306A Record of disclosures-prospective authorisation under the Telecommunications (Interception and Access) Act 1979 178 307 Incorrect records 179 308 Annual reports to the ACMA by carriers, carriage service providers or number-database operators 179 309 Monitoring by the Privacy Commissioner 180 Division 6-Instrument-making powers not limited 181 310 Instrument-making powers not limited 181 Part 14-National interest matters 182 311 Simplified outline 182 312 ACMA's obligations 182 313 Obligations of carriers and carriage service providers 183 314 Terms and conditions on which help is to be given 185 315 Suspension of supply of carriage service in an emergency 186 316 Generality of Part not limited 187 Part 16-Defence requirements and disaster plans 188 Division 1-Introduction 188 333 Simplified outline 188 334 Defence authority 188 Division 2-Supply of carriage services 189 335 Requirement to supply carriage services for defence purposes or for the management of natural disasters 189 Division 3-Defence planning 191 336 Definitions 191 337 Preparation of draft agreement 191 338 ACMA's certification of draft agreement 192 339 Requirement to enter into certified agreement 193 340 Compliance with agreement 193 341 Withdrawal of certification of agreement 193 342 Duration of agreement 193 343 Variation of agreement 194 Division 4-Disaster plans 195 344 Designated disaster plans 195 345 Carrier licence conditions about designated disaster plans 195 346 Service provider determinations about designated disaster plans 195 346A Carrier and carriage service provider immunity 195 Division 5-Delegation 196 347 Delegation 196 Part 17-Pre-selection in favour of carriage service providers 197 348 Simplified outline 197 349 Requirement to provide pre-selection 197 350 When pre-selection is provided in favour of a carriage service provider 198 350A Declared carriage services 199 351 Pre-selection to be provided 200 352 Exemptions from requirement to provide pre-selection 201 353 Use of over-ride dial codes 201 Part 18-Calling line identification 203 354 Simplified outline 203 355 Calling line identification 203 356 Exemptions from calling line identification requirement 203 Part 19-Advanced Mobile Phone System (AMPS) 205 357 Simplified outline 205 358 Meaning of AMPS 205 359 Scope of Part 205 360 No new AMPS 205 361 AMPS to be phased out 205 362 Limited exemption from phase-out of AMPS 206 363 Competition not to be reduced 207 Part 20-International aspects of activities of the telecommunications industry 208 Division 1-Simplified outline 208 364 Simplified outline 208 Division 2-Compliance with international agreements 209 365 INTELSAT and Inmarsat-directions to Signatories 209 366 Compliance with conventions 209 Division 3-Rules of conduct about dealings with international telecommunications operators 211 367 Rules of conduct about dealings with international telecommunications operators 211 368 ACCC to administer Rules of Conduct 213 369 Rules of Conduct to bind carriers and carriage service providers 213 370 Unenforceability of agreements 214 371 Investigations by the ACCC 214 372 Reviews of the operation of this Division 214 Part 21-Technical regulation 216 Division 1-Simplified outline 216 373 Simplified outline 216 Division 2-Interpretative provisions 218 374 Part applies to networks or facilities in Australia operated by carriers or carriage service providers 218 375 Manager of network or facility 218 Division 3-Technical standards about customer equipment and customer cabling 219 376 ACMA's power to make technical standards 219 377 Adoption of voluntary standards 220 378 Procedures for making technical standards 220 379 Making technical standards in cases of urgency 221 Division 4-Disability standards 223 380 Disability standards 223 381 Adoption of voluntary standards 224 382 Procedures for making disability standards 224 383 Effect of compliance with disability standards 225 Division 5-Technical standards about the interconnection of facilities 226 384 ACMA's power to make technical standards 226 385 Adoption of voluntary standards 227 386 Procedures for making technical standards 227 387 Procedures for making technical standards 228 388 Provision of access 229 389 Promotion of the long-term interests of end-users of carriage services and of services supplied by means of carriage services 229 Division 6-Connection permits and connection rules 230 Subdivision A-Connection permits authorising the connection of non- standard customer equipment and non-standard cabling 230 390 Application for connection permit 230 391 Form of application 230 392 Application to be accompanied by charge 231 393 Further information 231 394 Issue of connection permits 231 395 Connection permit has effect subject to this Act 232 396 Nominees of holder 232 397 Duration of connection permits 232 398 Conditions of connection permits 232 399 Offence of contravening condition 233 400 Formal warnings-breach of condition 234 401 Surrender of connection permit 234 402 Cancellation of connection permit 234 403 Register of connection permits 234 Subdivision B-Connection rules 235 404 Connection rules 235 405 Procedures for making connection rules 236 Division 7-Labelling of customer equipment and customer cabling 238 406 Application of labels 238 406A Application of Division to agent of manufacturer or importer 238 407 Labelling requirements 238 408 Requirements to apply labels-ancillary matters 239 409 Recognised testing authorities and competent bodies 240 410 Certification bodies 241 411 Connection of customer equipment or customer cabling- breach of section 376 standards 241 412 Connection of labelled customer equipment or customer cabling not to be refused 243 413 Supply of unlabelled customer equipment or unlabelled customer cabling 244 414 Applying labels before satisfying requirements under subsection 408(5) 245 415 Failure to retain records etc. 245 416 Application of labels containing false statements about compliance with standards 246 Division 8-Protected symbols 247 417 Protected symbols 247 Division 9-Cabling providers 251 418 Cabling work 251 419 Types of cabling work 251 420 Prohibition of unauthorised cabling work 251 421 Cabling provider rules 252 422 Procedures for making cabling provider rules 253 423 Application for cabling licence 253 424 Form of application 254 425 Application to be accompanied by charge 254 426 Further information 254 427 Grant of cabling licence 254 428 Time limit on licence decision 255 429 Notification of refusal of application 255 430 Cabling licence has effect subject to this Act 255 431 Duration of cabling licence 256 432 Conditions of cabling licence 256 433 Procedures for changing licence conditions 256 434 Offence in relation to contravening condition 257 435 Formal warnings-breach of condition 258 436 Surrender of cabling licence 258 437 Suspension of cabling licence 258 438 Cancellation of cabling licence 259 439 ACMA may limit application of Division in relation to customer cabling 259 440 Ministerial directions 260 441 Delegation 260 442 Register of cabling licences 261 Division 10-Remedies for unauthorised connections to telecommunications networks etc. 262 443 Civil action for unauthorised connections to telecommunications networks etc. 262 444 Remedy for contravention of labelling requirements 263 445 Remedies for connection of unlabelled customer equipment or unlabelled customer cabling 264 446 Disconnection of dangerous customer equipment or customer cabling 266 447 Disconnection of customer equipment or customer cabling- protection of the integrity of networks and facilities 267 448 Civil action for dangerous connections to telecommunications networks etc. 268 449 Other remedies not affected 269 Division 11-Prohibited customer equipment and prohibited customer cabling 270 450 Declaration of prohibited customer equipment or prohibited customer cabling 270 451 Consultation on proposed declaration 271 452 Operation of prohibited customer equipment or customer cabling 271 Division 12-Pre-commencement labels 272 453 Pre-commencement labels 272 Division 13-Penalties payable instead of prosecution 273 453A Penalties payable instead of prosecution 273 Part 22-Numbering of carriage services and regulation of electronic addressing 274 Division 1-Simplified outline 274 454 Simplified outline 274 Division 2-Numbering of carriage services 275 Subdivision A-Numbering plan 275 455 Numbering plan 275 456 Numbering plan-supply to the public 276 457 Numbering plan-allocation otherwise than in accordance with an allocation system 277 458 Numbering plan-rules about portability of allocated numbers 277 459 ACMA to administer numbering plan 278 460 Consultation about numbering plan 278 461 Consultation with ACCC 280 462 Compliance with the numbering plan 280 Subdivision B-Allocation system for numbers 281 463 Allocation system for numbers 281 464 Consultation about an allocation system 282 Subdivision C-Miscellaneous 283 465 Register of allocated numbers 283 466 Emergency service numbers 284 467 Delegation 285 468 Collection of numbering charges 286 469 Collection of charges on behalf of the Commonwealth 288 470 Cancellation of certain exemptions from charge 288 471 Commonwealth not liable to charge 288 472 Integrated public number database 289 473 Letters and symbols taken to be numbers 289 Division 3-Regulation of electronic addressing 290 474 Declared manager of electronic addressing 290 475 ACMA may give directions to declared manager of electronic addressing 290 476 ACCC may give directions to declared manager of electronic addressing 291 477 ACCC's directions to prevail over the ACMA's directions 292 Part 23-Standard agreements for the supply of carriage services 293 478 Simplified outline 293 479 Standard terms and conditions apply unless excluded 293 480 Standard form of agreement to be publicly available 294 480A Other information to be publicly available 295 481 Standard form of agreement to be given to the ACMA 296 482 Concurrent operation of State/Territory laws 296 483 Trade Practices Act not affected by this Part 296 Part 24-Carriers' powers and immunities 297 484 Schedule 3 297 Part 24A-Submarine cables 298 484A Schedule 3A 298 Part 25-Public inquiries 299 Division 1-Simplified outline 299 485 Simplified outline 299 Division 2-Inquiries by the ACMA 300 486 When inquiry must be held 300 487 When inquiry may be held 300 488 Informing the public about an inquiry 301 489 Discussion paper 301 490 Written submissions and protection from civil actions 301 491 Hearings 302 492 Hearing to be in public except in exceptional cases 303 493 Confidential material not to be published 303 494 Direction about private hearings 304 495 Reports on inquiries 305 Division 3-Inquiries by the ACCC 307 496 When inquiry must be held 307 497 When inquiry may be held 307 498 Informing the public about an inquiry 307 499 Discussion paper 308 500 Written submissions and protection from civil actions 308 501 Hearings 309 502 Hearing to be in public except in exceptional cases 309 503 Confidential material not to be published 310 504 Direction about private hearings 311 505 Reports on inquiries 312 506 ACCC's other powers not limited 312 Part 26-Investigations 313 507 Simplified outline 313 508 Matters to which this Part applies 313 509 Complaints to the ACMA 314 510 Investigations by the ACMA 315 511 Preliminary inquiries 316 512 Conduct of investigations 316 513 Complainant and certain other persons to be informed of various matters 317 514 Reference of matters to Ombudsman or other responsible person 317 515 Reference of matters to the ACCC 319 515A Reference of matters to Privacy Commissioner 320 516 Reports on investigations 321 517 Publication of reports 321 518 Person adversely affected by report to be given opportunity to comment 322 519 Protection from civil actions 322 Part 27-The ACMA's information-gathering powers 324 Division 1-Simplified outline 324 520 Simplified outline 324 Division 2-Information-gathering powers 325 521 The ACMA may obtain information and documents from carriers and service providers 325 522 The ACMA may obtain information and documents from other persons 326 523 Copying documents-reasonable compensation 328 524 Self-incrimination 328 525 Giving false or misleading information or evidence 328 527 Copies of documents 329 528 ACMA may retain documents 329 Division 3-Record-keeping rules 330 529 ACMA may make record-keeping rules 330 530 Compliance with record-keeping rules 330 531 Incorrect records 331 Part 27A-Information relating to a broadband telecommunications network 332 Division 1-Introduction 332 531A Simplified outline 332 531B Definitions 332 531C Designated information 335 531D Designated request for proposal notice 337 531E Action by the Commonwealth 338 Division 2-Carriers must give information to an authorised information officer 339 531F Carriers must give information to an authorised information officer [see Note 1] 339 Division 3-Protection of information 340 531G Protection of information-entrusted public officials [see Note 1] 340 531H Disclosure of protected carrier information to a company 345 531J Stay of decisions 347 531K Protection of information-entrusted company officer 347 531L Compensation of carrier for loss or damage 349 531M Appointment of authorised information officers 350 531N Restricted recipients rules 351 531P Storage, handling or destruction of protected carrier information 351 531Q Submissions by companies 352 Part 28-Enforcement 353 Division 1-Introduction 353 532 Simplified outline 353 532A References to the Spam Act 2003 354 Division 2-Inspectors and identity cards 355 533 Inspectors 355 534 Identity cards 356 Division 3-Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act 357 535 Magistrate may issue warrant 357 536 Reasonable grounds for issuing warrant etc. 357 537 Contents of warrant 358 538 Warrants may be issued by telephone etc. 358 539 Provisions relating to issue of warrant by telephone etc. 358 540 Proceedings involving warrant issued by telephone etc. 360 Division 4-Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act 361 541 When is a thing connected with an offence? 361 541A When is a thing connected with a breach of the Spam Act 2003? 361 542 Searches and seizures 361 543 Production of identity card etc. 362 544 Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003 363 545 Emergency entry, search and seizure 364 546 Retention of things seized 365 Division 5-Searches to monitor compliance with Part 21 366 547 Searches to monitor compliance with Part 21 366 Division 5A-Searches to monitor compliance with the Spam Act 2003 367 547A Powers available to inspectors for monitoring compliance 367 547B Monitoring powers 367 547C Production of identity card etc. 369 547D Monitoring warrants 369 547E Details of warrant to be given to occupier etc. 370 547F Announcement before entry 371 547G Compensation for damage to equipment 371 547H Occupier entitled to be present during search 372 Division 5B-Access to computer data that is relevant to the Spam Act 2003 373 547J Access to computer data that is relevant to the Spam Act 2003 373 Division 6-Other powers of inspectors 375 548 General powers of inspectors 375 549 Power to require information etc. 376 550 Retention of documents 378 Division 7-Forfeiture 379 551 Court may order forfeiture 379 552 Forfeited goods may be sold 379 Division 8-Future offences 380 553 Offences that are going to be committed 380 Part 29-Review of decisions 381 554 Simplified outline 381 555 Decisions that may be subject to reconsideration by the ACMA 381 556 Deadlines for reaching certain decisions 381 557 Statements to accompany notification of decisions 381 558 Applications for reconsideration of decisions 382 559 Reconsideration by the ACMA 382 560 Deadlines for reconsiderations 383 561 Statements to accompany notification of decisions on reconsideration 383 562 Review by the Administrative Appeals Tribunal 383 Part 30-Injunctions 384 563 Simplified outline 384 564 Injunctions 384 565 Interim injunctions 385 566 Discharge etc. of injunctions 386 567 Certain limits on granting injunctions not to apply 386 568 Other powers of the court unaffected 387 Part 31-Civil penalties 388 569 Simplified outline 388 570 Pecuniary penalties for contravention of civil penalty provisions 388 571 Civil action for recovery of pecuniary penalties 389 572 Criminal proceedings not to be brought for contravention of civil penalty provisions 390 Part 31A-Enforceable undertakings 391 572A Simplified outline 391 572B Acceptance of undertakings 391 572C Enforcement of undertakings 392 Part 32-Vicarious liability 393 573 Simplified outline 393 574 Proceedings under this Act 393 574A Definition 393 575 Liability of corporations 393 576 Liability of persons other than corporations 395 Part 34-Special provisions relating to functions and powers of the ACMA and the Attorney-General in respect of telecommunications 397 579 Simplified outline 397 580 ACMA must have regard to conventions 397 581 Power to give directions to carriers and service providers 398 Part 35-Miscellaneous 400 582 Simplified outline 400 583 Penalties for certain continuing offences 401 584 Procedure relating to certain continuing offences 401 585 Treatment of partnerships 402 586 Giving of documents to partnerships 403 587 Nomination of address for service of documents 403 588 Service of summons or process on foreign corporations- criminal proceedings 404 589 Instruments under this Act may provide for matters by reference to other instruments 404 590 Arbitration-acquisition of property 406 591 Compensation-constitutional safety net 406 592 Act not to affect performance of State or Territory functions 407 593 Funding of consumer representation, and of research, in relation to telecommunications 407 594 Regulations 408 Schedule 1-Standard carrier licence conditions 409 Part 1-Compliance with this Act 409 1 Compliance with this Act 409 Part 3-Access to supplementary facilities 410 16 Simplified outline 410 17 Access to supplementary facilities 410 18 Terms and conditions of access 411 19 Ministerial pricing determinations 412 Part 4-Access to network information 413 20 Simplified outline 413 21 Access to network information 413 22 Access to information in databases 414 23 Access to network planning information 414 24 Access to information about likely changes to network facilities-completion success rate of calls 415 25 Access to quality of service information etc. 415 26 Security procedures 417 27 Terms and conditions of compliance 417 27A Code relating to access to information 418 28 Ministerial pricing determinations 418 29 Consultation about reconfiguration etc. 419 29A Code relating to consultation 419 Part 5-Access to telecommunications transmission towers and to underground facilities 421 30 Simplified outline 421 31 Definitions 421 32 Extended meaning of access 422 33 Access to telecommunications transmission towers 422 34 Access to sites of telecommunications transmission towers 423 35 Access to eligible underground facilities 424 36 Terms and conditions of access 425 37 Code relating to access 426 38 Industry co-operation about sharing of sites and eligible underground facilities 427 39 This Part does not limit Part 3 of this Schedule 427 Part 6-Inspection of facilities etc. 428 40 Simplified outline 428 41 Records relating to underground facilities 428 42 Regular inspection of facilities 429 43 Prompt investigation of dangerous facilities 429 44 Remedial action 429 Part 7-Any-to-any connectivity 431 44A Simplified outline 431 45 Definitions 431 46 Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any-to-any connectivity 431 47 Designated interconnection services 433 Part 8-Operational separation of Telstra 434 Division 1-Introduction 434 48 Aim and objects 434 49 Simplified outline 436 50 Definitions 436 50A Designated services 437 50B Declared network services 438 50C Notional contracts 438 Division 2-Operational separation plan 439 51 Contents of draft or final operational separation plan 439 52 Draft operational separation plan to be given to Minister 440 53 Public comment-draft operational separation plan 440 54 Approval of draft by Minister 440 55 Effect of approval 441 56 Variation of final operational separation plan 442 56A Minister may direct Telstra to vary final operational separation plan 443 57 Public comment-variation of final operational separation plan 443 58 Publication of final operational separation plan 444 Division 3-Rectification plan 445 59 Contents of draft or final rectification plan 445 60 Draft rectification plan to be given to Minister 445 61 Approval of draft by Minister 445 62 Effect of approval 447 63 Variation of final rectification plan 447 64 Minister may direct Telstra to vary final rectification plan 448 65 Compliance with final rectification plan 448 66 Publication of final rectification plan 448 Schedule 2-Standard service provider rules 449 Part 1-Compliance with this Act 449 1 Compliance with this Act 449 Part 2-Operator services 450 2 Simplified outline 450 3 Scope of Part 450 4 Operator services must be provided to end-users of a standard telephone service 450 5 Access to end-users of other carriage service providers 450 Part 3-Directory assistance services 452 6 Simplified outline 452 7 Directory assistance services must be provided to end- users 452 8 Access by end-users of other carriage service providers 452 Part 4-Integrated public number database 454 9 Simplified outline 454 10 Carriage service providers must give information to Telstra 454 11 Carriage service providers must give information to another person or association 454 Part 5-Itemised billing 456 12 Simplified outline 456 13 Itemised billing 456 14 Exemptions from itemised billing requirements 458 15 Details that are not to be specified in an itemised bill 458 Schedule 3-Carriers' powers and immunities 459 Part 1-General provisions 459 Division 1-Simplified outline and definitions 459 1 Simplified outline 459 2 Definitions 461 3 Designated overhead line 464 4 Extension to a tower to be treated as the installation of a facility 464 Division 2-Inspection of land 465 5 Inspection of land 465 Division 3-Installation of facilities 466 6 Installation of facilities 466 Division 4-Maintenance of facilities 468 7 Maintenance of facilities 468 Division 5-Conditions relating to the carrying out of authorised activities 471 8 Carrier to do as little damage as practicable 471 9 Carrier to restore land 471 10 Management of activities 471 11 Agreements with public utilities 472 12 Compliance with industry standards 472 13 Compliance with international agreements 472 14 Conditions specified in the regulations 472 15 Conditions specified in a Ministerial Code of Practice 472 16 Conditions to which a facility installation permit is subject 473 17 Notice to owner of land-general 474 18 Notice to owner of land-lopping of trees etc. 475 19 Notice to roads authorities, utilities etc. 477 20 Roads etc. to remain open for passage 478 Division 6-Facility installation permits 479 21 Application for facility installation permit 479 22 Form of application 479 23 Application to be accompanied by charge 479 24 Withdrawal of application 479 25 Issue of facility installation permit 479 26 Deemed refusal of facility installation permit 480 27 Criteria for issue of facility installation permit 481 28 Special provisions relating to environmental matters 487 29 Consultation with the ACCC 488 30 Facility installation permit has effect subject to this Act 488 31 Duration of facility installation permit 488 32 Conditions of facility installation permit 488 33 Surrender of facility installation permit 489 34 Cancellation of facility installation permit 489 35 Review of decisions by Administrative Appeals Tribunal 489 Division 7-Exemptions from State and Territory laws 491 36 Activities not generally exempt from State and Territory laws 491 37 Exemption from State and Territory laws 491 38 Concurrent operation of State and Territory laws 492 39 Liability to taxation not affected 492 Division 8-Miscellaneous 493 41 Guidelines 493 42 Compensation 493 43 Power extends to carrier's employees etc. 494 44 State and Territory laws that discriminate against carriers and users of carriage services 494 45 State and Territory laws may confer powers and immunities on carriers 496 46 ACMA may limit tort liability in relation to the supply of certain carriage services 496 47 Ownership of facilities 497 48 ACMA may inform the public about designated overhead lines, telecommunications transmission towers and underground facilities 497 49 Review of options for placing facilities underground 498 50 Monitoring of progress in relation to placing facilities underground 499 51 Removal of certain overhead lines 499 52 Commonwealth laws not displaced 501 53 Subdivider to pay for necessary alterations 501 54 Service of notices 502 55 Facilities installed before 1 January 2001 otherwise than in reliance on Commonwealth laws-environmental impact 503 Part 2-Transitional provisions 506 60 Existing buildings, structures and facilities-application of State and Territory laws 506 61 Existing buildings, structures and facilities-application of the common law 506 Part 3-Compensation for acquisition of property 507 62 Compensation for acquisition of property 507 63 Application of this Part 508 Schedule 3A-Protection of submarine cables 509 Part 1-Preliminary 509 1 Simplified outline 509 2 Definitions 509 Part 2-Protection zones 513 Division 1-Simplified outline 513 3 Simplified outline 513 Division 2-Declaration of protection zones 514 Subdivision A-Declarations 514 4 ACMA may declare a protection zone 514 5 Declaration on ACMA's initiative or in response to request 514 6 Response to a request to declare a protection zone 514 7 Decision not to declare a requested protection zone or to declare a different protection zone 515 8 Location of submarine cable to be specified in declaration 515 9 Area of a protection zone 516 10 Prohibited activities 517 11 Restricted activities 518 12 Conditions 519 13 When a declaration takes effect 519 14 Duration of declaration 519 Subdivision B-Prerequisites to declaration of a protection zone 520 15 ACMA to develop a proposal for a protection zone 520 16 ACMA to refer proposal to advisory committee 520 17 ACMA to publish proposal 520 18 Cable must be a submarine cable of national significance 521 19 Consultation with Environment Secretary 521 20 Matters the ACMA must have regard to 521 21 Environment and heritage considerations 522 22 Deadline for final decision about protection zone 523 Division 3-Varying or revoking a declaration of a protection zone 524 Subdivision A-Variation or revocation 524 23 ACMA may vary or revoke a declaration of a protection zone 524 24 Variation or revocation on ACMA's initiative or in response to request 524 25 ACMA to notify affected carrier of request to vary or revoke a declaration 524 26 Response to a request to vary or revoke a declaration 524 27 Decision not to vary or revoke a declaration after a request to do so 525 28 When a variation or revocation takes effect 525 29 Protection zone as varied must not exceed permitted area 526 Subdivision B-Prerequisites to variation or revocation of declaration 526 30 ACMA to develop a variation or revocation proposal 526 31 ACMA to refer proposal to advisory committee 526 32 ACMA to publish proposal 526 33 Consultation with Environment Secretary 527 34 Matters the ACMA must have regard to 527 35 Deadline for final decision about varying or revoking a protection zone 527 Division 4-Offences in relation to a protection zone 528 Subdivision A-Damaging a submarine cable 528 36 Damaging a submarine cable 528 37 Negligently damaging a submarine cable 528 38 Defence to offences of damaging a submarine cable 528 39 Master or owner of ship used in offence of damaging a submarine cable 529 Subdivision B-Engaging in prohibited or restricted activities 529 40 Engaging in prohibited or restricted activities 529 41 Aggravated offence of engaging in prohibited or restricted activities 530 42 Defences to offences of engaging in prohibited or restricted activities 530 43 Alternative verdict if aggravated offence not proven 531 44 Master or owner of ship used in offence of engaging in prohibited or restricted activities 531 Division 5-Miscellaneous 532 45 Person may claim damages 532 46 Indemnity for loss of anchor etc. 532 47 ACMA to notify relevant authorities of declaration, variation etc. of protection zone 533 48 Notice if carrier decommissions a submarine cable 533 49 Composition of advisory committee 534 Part 3-Permits to install submarine cables 535 Division 1-Simplified outline 535 50 Simplified outline 535 Division 2-Protection zone installation permits 536 51 Application for a permit to install a submarine cable in a protection zone 536 52 Form of application etc. 536 53 Application to be accompanied by charge 536 54 Withdrawal of application 536 55 Further information 536 56 Grant or refusal of permit 536 57 Automatic refusal 537 58 Refund of application charge if automatic refusal 538 59 Duration of permit 538 60 Surrender of permit 538 61 Extension of permit 538 62 Suspension or cancellation of permit 539 63 Exemption from State and Territory laws 539 Division 3-Non-protection zone installation permits 541 64 Application for a permit to install a submarine cable in Australian waters (otherwise than in a protection zone or coastal waters) 541 65 Form of application etc. 541 66 Application to be accompanied by charge 541 67 Withdrawal of application 541 68 Further information 541 69 Grant or refusal of permit 542 70 Consultation before the ACMA makes a decision about a permit 542 71 Matters the ACMA must have regard to before it makes a decision about a permit 542 72 Environment and heritage considerations 543 73 Time limit on decision about a permit 544 74 Duration of permit 544 75 Surrender of permit 545 76 Extension of permit 545 77 Suspension or cancellation of permit 545 Division 4-Conditions applicable to the installation of submarine cables 546 78 Application of this Division 546 79 Installation to do as little damage as practicable 546 80 Management of installation activities 546 81 Compliance with industry standards 546 82 Compliance with international agreements 547 83 Conditions specified in the regulations 547 Division 5-Offences in relation to installation of submarine cables 548 84 Installing a submarine cable without a permit 548 85 Breaching conditions of a permit 548 86 Failing to comply with ACMA direction to remove an unlawfully installed cable 549 Part 4-Compensation 550 87 Compensation 550 88 Compensation for acquisition of property 550 Part 5-Miscellaneous 552 89 Review of operation of this Schedule 552 Schedule 4-Reviewable decisions of the ACMA 553 Part 1-Decisions that may be subject to reconsideration by the ACMA 553 1 Reviewable decisions of the ACMA 553 Part 2-Decisions to which section 556 does not apply 556 2 Decisions to which section 556 does not apply 556 Notes 557 An Act about telecommunications, and for related purposes Part 1-Introduction 1 Short title [see Note 1] This Act may be cited as the Telecommunications Act 1997. 2 Commencement [see Note 1] (1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent: (a) this Part; (b) Part 2; (c) Divisions 2, 3 and 4 of Part 4; (d) Division 3 of Part 25; (f) section 589; (g) section 594. (2) Sections 52 to 55 (inclusive) commence on 5 June 1997. (3) The remaining provisions of this Act commence on 1 July 1997. 3 Objects (1) The main object of this Act, when read together with Parts XIB and XIC of the Trade Practices Act 1974, is to provide a regulatory framework that promotes: (a) the long-term interests of end-users of carriage services or of services provided by means of carriage services; and (b) the efficiency and international competitiveness of the Australian telecommunications industry. (2) The other objects of this Act, when read together with Parts XIB and XIC of the Trade Practices Act 1974, are as follows: (a) to ensure that standard telephone services, payphones and other carriage services of social importance are: (i) reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and (ii) are supplied as efficiently and economically as practicable; and (iii) are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community; (b) to provide a framework under which a carriage service that provides digital data capability comparable to an ISDN channel is to become available to all people in Australia: (i) by 1 January 2000; or (ii) by another date having regard to the findings of the review into the timing of the availability of that service; (c) to promote the supply of diverse and innovative carriage services and content services; (d) to promote the development of an Australian telecommunications industry that is efficient, competitive and responsive to the needs of the Australian community; (e) to promote the effective participation by all sectors of the Australian telecommunications industry in markets (whether in Australia or elsewhere); (f) to promote: (i) the development of the technical capabilities and skills of the Australian telecommunications industry; and (ii) the development of the value-adding and export-oriented activities of the Australian telecommunications industry; and (iii) research and development that contributes to the growth of the Australian telecommunications industry; (g) to promote the equitable distribution of benefits from improvements in the efficiency and effectiveness of: (i) the provision of telecommunications networks and facilities; and (ii) the supply of carriage services; (h) to provide appropriate community safeguards in relation to telecommunications activities and to regulate adequately participants in sections of the Australian telecommunications industry; (i) to promote the placement of lines underground, taking into account economic and technical issues, where placing such lines underground is supported by the affected community; (j) to promote responsible practices in relation to the sending of commercial electronic messages; (k) to promote responsible practices in relation to the making of telemarketing calls. 4 Regulatory policy The Parliament intends that telecommunications be regulated in a manner that: (a) promotes the greatest practicable use of industry self- regulation; and (b) does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry; but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 3. 5 Simplified outline The following is a simplified outline of this Act: . This Act sets up a system for regulating telecommunications. . The main entities regulated by this Act are carriers and service providers. . A carrier is the holder of a carrier licence granted under this Act. . The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless responsibility for the unit is transferred from the owner to a carrier. . There are 4 types of network unit: (a) a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements; (b) multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements; (c) a designated radiocommunications facility; (d) a facility specified in a Ministerial determination. . Carrier licences are subject to conditions. . There are 2 types of service provider: (a) a carriage service provider; (b) a content service provider. . A carriage service provider is a person who supplies, or proposes to supply, certain carriage services. . A content service provider is a person who supplies, or proposes to supply, certain content services. . Service providers must comply with the service provider rules. . The Australian Communications and Media Authority (ACMA) is to monitor, and report each year to the Minister on, significant matters relating to the performance of carriers and carriage service providers. . Bodies and associations that represent sections of the telecommunications industry, the e-marketing industry or the telemarketing industry may develop industry codes. . Industry codes may be registered by the ACMA. . Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the e-marketing industry or the telemarketing industry to comply with the code. . The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient. . Compliance with industry standards is mandatory. . Carriers and carriage service providers must protect the confidentiality of communications. . The ACMA, carriers and carriage service providers must do their best to prevent telecommunications networks and facilities from being used to commit offences. . Carriers and carriage service providers must ensure that it is possible to execute a warrant issued under the Telecommunications (Interception and Access) Act 1979. . Carriage service providers may be required to supply carriage services for defence purposes or for the management of natural disasters. . A carrier or carriage service provider may be required to enter into an agreement with the Commonwealth about: (a) planning for network survivability; or (b) operational requirements in times of crisis. . The ACMA must require certain carriers and carriage service providers to provide pre-selection in favour of carriage service providers. . The Advanced Mobile Phone System is to be phased out by 1 January 2000. . Carriers and carriage service providers may be required to comply with certain international conventions. . The Minister may make Rules of Conduct about dealings with international telecommunications operators. . Provision is made for the technical regulation of customer equipment, customer cabling and cabling work. . The ACMA may regulate numbering by means of a numbering plan. . Provision is made for standard agreements for the supply of carriage services. . The ACMA and the ACCC may hold public inquiries about certain matters relating to telecommunications. . The ACMA may investigate certain matters relating to telecommunications. . Certain switching systems must be capable of providing calling line identification. . Provision is made for the following ancillary matters: (a) information-gathering powers; (b) powers of search, entry and seizure; (c) review of decisions; (d) injunctions. 6 Main index The following is a main index to this Act: |Main Index | | | |Item |Topic |Provisions | |1 |AMPS (Advanced Mobile Phone |Part 19 | | |System) | | |2 |Calling line identification |Part 18 | |3 |Carriers' powers and immunities |Part 24, | | | |Schedule 3 | |4 |Carrier licence conditions |Part 3, | | | |Schedule 1 | |5 |Carriers |Part 3 | |6 |Communications, protection of |Part 13 | |8 |Decisions, review of |Part 29, | | | |Schedule 4 | |9 |Defence requirements and |Part 16 | | |disaster plans | | |10 |Enforceable undertakings |Part 31A | |11 |Enforcement |Part 28 | |12 |Industry codes and industry |Part 6 | | |standards | | |13 |Information-gathering powers |Part 27 | |14 |Injunctions |Part 30 | |15 |Inquiries, public |Part 25 | |16 |International aspects |Part 20 | |17 |Investigations |Part 26 | |19 |Liability, vicarious |Part 32 | |21 |National interest matters |Part 14 | |22 |Network units |Part 2 | |23 |Numbering and electronic |Part 22 | | |addressing | | |24 |Penalties, civil |Part 31 | |25 |Performance of carriers and |Part 5 | | |carriage service providers, | | | |monitoring of | | |26 |Pre-selection |Part 17 | |28 |Service provider rules |Part 4, | | | |Schedule 2 | |29 |Service providers |Part 4 | |30 |Standard agreements for the |Part 23 | | |supply of carriage services | | |32 |Technical regulation |Part 21 | 7 Definitions In this Act, unless the contrary intention appears: ACCC means the Australian Competition and Consumer Commission. ACCC official means a Commission official within the meaning of section 155AAA of the Trade Practices Act 1974. ACCC's telecommunications functions and powers means the functions and powers conferred on the ACCC by or under: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (c) Part XIB of the Trade Practices Act 1974; or (d) Part XIC of the Trade Practices Act 1974; or (e) any other provision of the Trade Practices Act 1974, in so far as that provision applies to a matter connected with telecommunications. For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy. access, in relation to an emergency call service, has a meaning affected by section 18. ACMA means the Australian Communications and Media Authority. ACMA official has the same meaning as in the Australian Communications and Media Authority Act 2005. ACMA's telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005. ACMA's telecommunications powers means the powers conferred on the ACMA by: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (ba) Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979; or (c) the Spam Act 2003; or (ca) the Do Not Call Register Act 2006; or (d) Part XIC of the Trade Practices Act 1974; or (e) section 12 of the Australian Communications and Media Authority Act 2005, in so far as that section relates to the ACMA's telecommunications functions. aircraft includes a balloon. Australia, when used in a geographical sense, includes the eligible Territories. Australian number has the same meaning as in the Do Not Call Register Act 2006. authorised information officer has the meaning given by section 531B. base station that is part of a terrestrial radiocommunications customer access network has the meaning given by section 34. broadcasting service has the same meaning as in the Broadcasting Services Act 1992. cabling licence means a licence granted under section 427. carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy. carriage service intermediary means a person who is a carriage service provider under subsection 87(5). carriage service provider has the meaning given by section 87. carrier means the holder of a carrier licence. carrier licence means a licence granted under section 56. carry includes transmit, switch and receive. civil penalty provision means: (a) subsection 68(1); or (b) subsection 68(2); or (c) subsection 101(1); or (d) subsection 101(2); or (e) subsection 121(2); or (f) subsection 121(3); or (g) subsection 128(1); or (h) subsection 128(2); or (ha) subsection 531K(1); or (hb) subsection 531K(3); or (hc) subsection 531P(3); or (hd) subsection 531P(4); or (i) subsection 139(1); or (j) subsection 139(2); or (i) subsection 295S(3); or (k) subsection 148(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (l) subsection 148(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (m) subsection 158B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (n) subsection 158B(4) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (o) subsection 158C(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (q) subsection 158E(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999. commercial electronic message has the same meaning as in the Spam Act 2003. communications includes any communication: (a) whether between persons and persons, things and things or persons and things; and (b) whether in the form of speech, music or other sounds; and (c) whether in the form of data; and (d) whether in the form of text; and (e) whether in the form of visual images (animated or otherwise); and (f) whether in the form of signals; and (g) whether in any other form; and (h) whether in any combination of forms. Communications Access Co-ordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979. connected, in relation to: (a) a telecommunications network; or (b) a facility; or (c) customer cabling; or (d) customer equipment; includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication. connection permit means a permit issued under section 394. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. content service has the meaning given by section 15. content service provider has the meaning given by section 97. controlled carriage service has the meaning given by section 14. controlled facility has the meaning given by section 14. controlled network has the meaning given by section 14. customer cabling has the meaning given by section 20. customer equipment has the meaning given by section 21. data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. defence purposes means any one or more of the following: (a) the operation of command or control systems; (b) the operation, direction or use of a defence organisation; (c) the operation of intelligence systems; (d) the collection or dissemination of information relevant to the security or defence of: (i) the Commonwealth; or (ii) a foreign country that is allied or associated with the Commonwealth; (e) the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat; (f) any other matter specified in the regulations. designated information has the meaning given by section 531C. designated radiocommunications facility has the meaning given by section 31. designated request for proposal notice has the meaning given by section 531D. digital data service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. directory assistance services means services that are: (a) provided to an end-user of a standard telephone service to help the end-user find the number of another end-user of a standard telephone service; and (b) provided by an operator or by means of: (i) an automated voice response system; or (ii) another technology-based system. distinct places has the meaning given by section 36. eligible partnership means a partnership where each partner is a constitutional corporation. eligible Territory means: (a) the Territory of Christmas Island; or (b) the Territory of Cocos (Keeling) Islands; or (c) an external Territory prescribed for the purposes of section 10. e-marketing industry means an industry that involves carrying on an e-marketing activity. emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service. Note: Recognised person who operates an emergency call service is defined by section 19. emergency call person means: (a) a recognised person who operates an emergency call service; or (b) an employee of such a person; or (c) an emergency call contractor; or (d) an employee of an emergency call contractor. Note: Recognised person who operates an emergency call service is defined by section 19. emergency call service means a service for: (a) receiving and handling calls to an emergency service number; and (b) transferring such calls to: (i) a police force or service; or (ii) a fire service; or (iii) an ambulance service; or (iv) a service specified in the numbering plan for the purposes of this subparagraph; or (v) a service for despatching a force or service referred to in subparagraph (i), (ii), (iii) or (iv). For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call. emergency service number has the meaning given by section 466. entrusted company officer has the meaning given by section 531B. entrusted public official has the meaning given by section 531B. exempt network-user means: (a) a person: (i) who is entitled to use a network unit to supply a carriage service; and (ii) whose entitlement derives, directly or indirectly, from rights granted to a carrier; or (b) if: (i) a police force or service; or (ii) a fire service; or (iii) an ambulance service; or (iv) an emergency service specified in the regulations; (the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following: (v) communication between the members of the first force or service; (vi) communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv); the first force or service. For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service. facility means: (a) any part of the infrastructure of a telecommunications network; or (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network. Federal Court means the Federal Court of Australia. fixed radiocommunications link has the meaning given by section 35. immediate circle has the meaning given by section 23. import means import into Australia. inspector has the meaning given by section 533. integrated public number database scheme means the scheme in force under section 295A. intercell hand-over functions has the meaning given by section 33. Internet service provider has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992. levy means levy imposed by the Telecommunications (Universal Service Levy) Act 1997. line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy. line link has the meaning given by section 30. listed carriage service has the meaning given by section 16. member means a member of the ACMA (and does not include an associate member). network unit has the meaning given by Division 2 of Part 2. nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force. nominated carrier declaration means a declaration under section 81. numbering plan has the meaning given by section 455. owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons). person includes a partnership. point-to-multipoint service means a carriage service which allows a person to transmit a communication to more than one end-user simultaneously. protected carrier information has the meaning given by section 531B. public body means: (a) the Commonwealth, a State or a Territory; or (b) an authority, or institution, of the Commonwealth, a State or a Territory; or (c) an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following: (i) the Commonwealth; (ii) a State; (iii) a Territory; or (d) an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following: (i) the Commonwealth; (ii) a State; (iii) a Territory. public mobile telecommunications service has the meaning given by section 32. radiocommunication has the same meaning as in the Radiocommunications Act 1992. radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992. radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992. recognised person who operates an emergency call service has the meaning given by section 19. recognised testing authority has the meaning given by section 409. record-keeping rule means a rule under section 529. restricted recipients rules means rules made under section 531N. satellite-based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite. service provider has the meaning given by section 86. service provider rules has the meaning given by section 98. standard questionnaire-based research means research that involves people being asked to answer one or more standard questions, but does not include: (a) opinion polling; or (b) research of a kind specified in the regulations. standard telephone service has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. telecommunications industry includes an industry that involves: (a) carrying on business as a carrier; or (b) carrying on business as a carriage service provider; or (c) supplying goods or services for use in connection with the supply of a listed carriage service; or (d) supplying a content service using a listed carriage service; or (e) manufacturing or importing customer equipment or customer cabling; or (f) installing, maintaining, operating or providing access to: (i) a telecommunications network; or (ii) a facility; used to supply a listed carriage service. Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy. telemarketing call means: (a) a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or (b) a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to: (i) the content of the call; and (ii) the presentational aspects of the call; it would be concluded that the purpose, or one of the purposes, of the call is: (iii) to conduct opinion polling; or (iv) to carry out standard questionnaire-based research. telemarketing industry means an industry that involves carrying on a telemarketing activity (as defined by section 109B). Telstra has the same meaning as in the Telstra Corporation Act 1991. this Act includes the regulations. universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. universal service provider has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. vessel means a vessel or boat of any description, and includes: (a) an air-cushion vehicle; and (b) any floating structure. 8 Crown to be bound (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. 9 Extra-territorial application This Act applies both within and outside Australia. 10 Extension to external Territories This Act extends to: (a) the Territory of Christmas Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) such other external Territories (if any) as are prescribed. 11 Extension to offshore areas (1) This Act applies in relation to the offshore areas of: (a) each of the States; and (b) each of the eligible Territories; as if references in this Act to Australia included references to those offshore areas. This subsection has effect subject to subsection (2). (2) The application of this Act in accordance with subsection (1) in relation to an offshore area extends only in relation to acts, matters and things touching, concerning, arising out of or connected with: (a) the exploration of the continental shelf of Australia; or (b) the exploitation of the resources of the continental shelf of Australia. (3) The application of this Act in accordance with subsection (1) in relation to an offshore area extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the offshore area for a reason touching, concerning, arising out of or connected with: (a) the exploration of the continental shelf of Australia; or (b) the exploitation of the resources of the continental shelf of Australia. (4) Subsection (3) does not, by implication, limit subsection (2). (5) In this section: continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973. offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum Act 2006. 11A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 12 Act subject to Radiocommunications Act (1) This Act has effect subject to the Radiocommunications Act 1992. (2) However, to avoid doubt, the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it. 13 Continuity of partnerships For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership. 14 Controlled carriage services, controlled networks and controlled facilities Controlled carriage services (1) For the purposes of this Act, if: (a) a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and (b) the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be; the carriage service is a controlled carriage service of the carrier or the provider, as the case may be. Controlled networks (2) For the purposes of this Act, if: (a) a carrier or carriage service provider operates a telecommunications network; and (b) the network satisfies the geographical test set out in subsection (4); the network is a controlled network of the carrier or the provider, as the case may be. Controlled facilities (3) For the purposes of this Act, if: (a) a carrier or carriage service provider operates a facility; and (b) the facility satisfies the geographical test set out in subsection (4); the facility is a controlled facility of the carrier or provider, as the case may be. Geographical test (4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if: (a) the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or (b) all of the following conditions are satisfied: (i) a person, or a group of persons, operates the network or the facility, as the case requires; (ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications-related business wholly or partly in Australia; (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service. Definition (5) In this section: telecommunications-related business means a business that consists of, or includes: (a) supplying a carriage service; or (b) supplying goods or services for use in connection with the supply of a carriage service; or (c) supplying a content service; or (d) installing, maintaining, operating or providing access to: (i) a telecommunications network; or (ii) a facility. 15 Content service (1) For the purposes of this Act, a content service is: (a) a broadcasting service; or (b) an on-line information service (for example, a dial-up information service); or (c) an on-line entertainment service (for example, a video-on- demand service or an interactive computer game service); or (d) any other on-line service (for example, an education service provided by a State or Territory government); or (e) a service of a kind specified in a determination made by the Minister for the purposes of this paragraph. (2) The Minister may make a written determination for the purposes of paragraph (1)(e). (3) A determination made for the purposes of paragraph (1)(e) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. 16 Listed carriage services (1) For the purposes of this Act, the following carriage services are listed carriage services: (a) a carriage service between a point in Australia and one or more other points in Australia; (b) a carriage service between a point and one or more other points, where the first-mentioned point is in Australia and at least one of the other points is outside Australia; (c) a carriage service between a point and one or more other points, where the first-mentioned point is outside Australia and at least one of the other points is in Australia. (2) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else. (3) For the purposes of this section, a point that is: (a) in the atmosphere; and (b) in or below the stratosphere; and (c) above Australia; is taken to be a point in Australia. (4) For the purposes of this section, a point that is: (a) on a satellite; and (b) above the stratosphere; is taken to be a point outside Australia. 18 Access to an emergency call service For the purposes of this Act, a person is taken not to have access to an emergency call service unless, in the event that the person attempts to place a call to the relevant emergency service number, the call can be established and maintained. 19 Recognised person who operates an emergency call service (1) A reference in this Act to a recognised person who operates an emergency call service is a reference to a person who: (a) operates an emergency call service; and (b) is specified, in a written determination made by the ACMA for the purposes of this paragraph, as: (i) a national operator of emergency call services; or (ii) a regional operator of emergency call services. (2) A copy of a determination under paragraph (1)(b) is to be published in the Gazette. 20 Customer cabling (1) For the purposes of this Act, customer cabling means a line that, under the regulations, is treated as customer cabling. (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. (3) Subsection (2) does not, by implication, limit subsection (1). (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer cabling means a line that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. 21 Customer equipment (1) For the purposes of this Act, customer equipment means: (a) any equipment, apparatus, tower, mast, antenna or other structure or thing; or (b) any system (whether software-based or otherwise); that: (c) is used, installed ready for use or intended for use in connection with a carriage service; and (d) under the regulations, is treated as customer equipment; but does not include a line. (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. (3) Subsection (2) does not, by implication, limit subsection (1). (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer equipment means: (a) any equipment, apparatus, tower, mast, antenna or other structure or thing that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; or (b) any system (whether software-based or otherwise) that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; but does not include: (c) a line; or (d) equipment of a kind specified in regulations made for the purposes of this paragraph; or (e) an apparatus, tower, mast, antenna or other structure or thing that is of a kind specified in regulations made for the purposes of this paragraph; or (f) a system (whether software-based or otherwise) that is of a kind specified in regulations made for the purposes of this paragraph. Note : Boundary of a telecommunications network is defined by section 22. 22 Customer cabling and customer equipment-boundary of a telecommunications network (1) For the purposes of sections 20, 21 and 30, the boundary of a telecommunications network is to be ascertained in accordance with the regulations. (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to any or all of the following: (a) the terms of an agreement between 2 or more carriers, where the agreement is entered into for the purposes of those regulations; (b) the terms of an agreement between 2 or more carriage service providers, where the agreement is entered into for the purposes of those regulations; (c) the terms of an agreement between a carrier and a carriage service provider, where the agreement is entered into for the purposes of those regulations; (d) the terms of an agreement between a carrier and a customer of the carrier, where the agreement is entered into for the purposes of those regulations; (e) the terms of an agreement between a carriage service provider and a customer of the provider, where the agreement is entered into for the purposes of those regulations. (3) Subsection (2) does not, by implication, limit subsection (1). (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of sections 20, 21 and 30, the boundary of a telecommunications network is: (a) in a case where a telecommunications network is used to supply a carriage service to an end-user in a building by means of a line that enters the building-the point agreed between the customer and the carrier or carriage service provider who operates the telecommunications network, or, failing agreement: (i) if there is a main distribution frame in the building and the line is connected to the frame-the side of the frame nearest to the end-user; or (ii) if subparagraph (i) does not apply but the line is connected to a network termination device located in, on or within close proximity to, the building-the side of the device nearest to the end-user; or (iii) if neither subparagraph (i) nor (ii) applies but the line is connected to one or more sockets in the building-the side nearest to the end-user of the first socket after the building entry point; or (b) in a case where a telecommunications network is used to supply a carriage service to an end-user by means of a satellite-based facility that transmits to, or receives transmissions from, the point where the end user is located-the outer surface of the satellite-based facility; or (c) in a case where: (i) a telecommunications network is used to supply a carriage service to an end-user; and (ii) paragraphs (a) and (b) do not apply; the outer surface of the fixed facility nearest to the end- user, where the facility is used, installed ready for use or intended for use to supply the carriage service. (5) If, immediately before 1 July 1997, the boundary of a telecommunications network used to supply a standard telephone service to an end-user in a building by means of a line that enters the building is the side of a main distribution frame, or a telephone socket, nearest to the end-user, paragraph (4)(a) has effect, on and after 1 July 1997, as if the customer and the carrier or carriage service provider who operates the network had agreed to the boundary at that point. (6) Subsection (5) does not prevent the customer and the carrier or carriage service provider agreeing to a boundary at a different point. (7) For the purposes of subsection (4), the building entry point is the point at which a line that is used to provide a carriage service to an end-user in a building meets the outer surface of that building, immediately before entering the building. (8) In this section: building includes a structure, a caravan and a mobile home. 23 Immediate circle (1) For the purposes of this Act, a person's immediate circle consists of the person, together with the following persons: (a) if the person is an individual-an employee of the individual; (b) if the person is a partnership-an employee of the partnership; (c) if the person is a body corporate: (i) an officer of the body corporate; (ii) if another body corporate is related to the first-mentioned body corporate (within the meaning of the Corporations Act 2001)-that other body corporate and an officer of that other body corporate; (d) if the person is the Commonwealth: (i) an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution; (ii) an officer or employee of the Commonwealth; (iii) a member of the Australian Defence Force; (iv) a member of the Australian Federal Police; (v) a member of the Parliament and a member of the staff of a member of the Parliament; (vi) a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth; (e) if the person is a State: (i) an authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution; (ii) an officer or employee of the State; (iii) a member of the police force of the State; (iv) a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State; (v) a person who holds or performs the duties of an office under a law of the State; (f) if the person is a Territory: (i) an authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution; (ii) an officer or employee of the Territory; (iii) a member of the police force of the Territory; (iv) a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory; (v) a person who holds or performs the duties of an office under a law of the Territory; (g) if the person is an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function): (i) a constituent member or an employee of the authority or institution; (ii) the Commonwealth; (iii) an officer or employee of the Commonwealth; (iv) a member of the Australian Defence Force; (v) a member of the Australian Federal Police; (vi) a member of the Parliament and a member of the staff of a member of the Parliament; (vii) a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth; (viii) another authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution; (h) if the person is an authority or institution of the Commonwealth, being an authority or institution that carries on a business as a core function-a constituent member or an employee of the authority or institution; (i) if the person is an authority or institution of a State (other than an authority or institution that carries on a business as a core function): (i) a constituent member or an employee of the authority or institution; (ii) the State; (iii) an officer or employee of the State; (iv) a member of the police force of the State; (v) a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State; (vi) a person who holds or performs the duties of an office under a law of the State; (vii) another authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution; (j) if the person is an authority or institution of a State, being an authority or institution that carries on a business as a core function-a constituent member or an employee of the authority or institution; (k) if the person is an authority or institution of a Territory (other than an authority or institution that carries on a business as a core function): (i) a constituent member or an employee of the authority or institution; (ii) the Territory; (iii) an officer or employee of the Territory; (iv) a member of the police force of the Territory; (v) a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory; (vi) a person who holds or performs the duties of an office under a law of the Territory; (vii) another authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution; (l) if the person is an authority or institution of a Territory, being an authority or institution that carries on a business as a core function-a constituent member or employee of the authority or institution; (m) if the person is a tertiary education institution: (i) a member of the governing body of the tertiary education institution; (ii) an officer or employee of the tertiary education institution; (iii) a student of the tertiary education institution; (n) a person specified in a determination under subsection (2). (2) The Minister may make a written determination specifying persons for the purposes of paragraph (1)(n). (3) A determination under subsection (2) may be unconditional or subject to such conditions (if any) as are specified in the determination. (4) Paragraphs (1)(a) to (m) (inclusive) do not, by implication, limit subsections (2) and (3). (5) The Minister may make a written determination providing that a specified authority or specified institution is taken to carry on a business as a core function for the purposes of subsection (1). (6) The Minister may make a written determination providing that a specified authority or specified institution is taken not to carry on a business as a core function for the purposes of subsection (1). (7) A determination under subsection (2), (5) or (6) has effect accordingly. (8) A determination under subsection (2), (5) or (6) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (9) For the purposes of this section, a person who holds or performs the duties of the office of Administrator of the Northern Territory is taken to be an officer of that Territory. (10) For the purposes of this section, the Australian Federal Police is taken to be the police force of the Australian Capital Territory. (11) In this section: core function, in relation to an authority or institution, means a function of the authority or institution other than a secondary or incidental function. director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory. executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body. officer, in relation to a body corporate, includes a director, secretary, executive officer or employee of the body. tertiary education institution means: (a) a higher education institution (within the meaning of the Student Assistance Act 1973); or (b) a technical and further education institution (within the meaning of that Act). 24 Extended meaning of use Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either: (a) in isolation; or (b) in conjunction with one or more other things. Part 2-Network units Division 1-Simplified outline 25 Simplified outline The following is a simplified outline of this Part: . The object of this Part is to define the expression network unit. . There are 4 types of network unit: (a) a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements; (b) multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements; (c) a designated radiocommunications facility; (d) a facility specified in a Ministerial determination. Division 2-Basic definition 26 Single line links connecting distinct places in Australia (1) If: (a) a line link connects distinct places in Australia; and (b) the distinct places are at least the statutory distance apart; the line link is a network unit. (2) For the purposes of this section, the statutory distance is: (a) 500 metres; or (b) if a longer distance, not exceeding 50 kilometres, is specified in the regulations-that longer distance. 27 Multiple line links connecting distinct places in Australia (1) If: (a) the same person owns, or the same persons own, 2 or more line links; and (b) each of those line links connects distinct places in Australia; and (c) the aggregate of the distances between the distinct places is more than the statutory distance; each of those line links is a network unit. Note: Statutory distance is defined by subsection (3). (2) If: (a) the following conditions are satisfied in relation to 2 or more line links: (i) the owners of the line links are bodies corporate; (ii) the owners of the line links are all members of the same related company group; and (b) each of those line links connects distinct places in Australia; and (c) the aggregate of the distances between the distinct places is more than the statutory distance; each of those line links is a network unit. Note: Statutory distance is defined by subsection (3). (3) For the purposes of this section, the statutory distance is: (a) 5 kilometres; or (b) if a longer distance, not exceeding 500 kilometres, is specified in the regulations-that longer distance. (4) In this section: owner means legal or beneficial owner, and own has a corresponding meaning. related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group. (5) For the purposes of this section, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001. 28 Designated radiocommunications facility (1) If a designated radiocommunications facility is used, or is for use, to supply a carriage service between a point in Australia and one or more other points in Australia, the facility is a network unit. (2) It does not matter whether the supply involves: (a) the use of a satellite; or (b) the use of a line or other facility outside Australia. (3) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else. (4) For the purposes of this section, a point that is: (a) in the atmosphere; and (b) in or below the stratosphere; and (c) above Australia; is taken to be a point in Australia. (5) For the purposes of this section, a point that is: (a) on a satellite; and (b) above the stratosphere; is taken to be a point outside Australia. 29 Facilities specified in Ministerial determination (1) The Minister may, by written instrument, determine that a specified facility is a network unit for the purposes of this Act. (2) The determination has effect accordingly. (3) An instrument under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (4) To avoid doubt, nothing in the other provisions of this Part limits the power conferred by subsection (1). Division 3-Related definitions 30 Line links (1) A line constitutes a line link. (2) If: (a) a line is connected to another line; and (b) the other line constitutes, or forms part of, a line link; the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link. (3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a line link is a reference to something that is a line link because of any other application or applications of this section. (4) For the purposes of subsection (2), a line is connected to another line if, and only if: (a) the lines are connected to each other; or (b) each of the lines is connected to the same facility (other than a line); in such a way that a communication can be carried, by means of the 2 lines, or by means of facilities including the 2 lines, in the same way as if the 2 lines were a single line. (4A) A line does not form part of any line link to the extent that the line is on the customer side of the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. (5) A facility other than a line does not form part of any line link. 31 Designated radiocommunications facility (1) A reference in this Act to a designated radiocommunications facility is a reference to: (a) a base station used, or for use, to supply a public mobile telecommunications service; or (b) a base station that is part of a terrestrial radiocommunications customer access network; or (c) a fixed radiocommunications link; or (d) a satellite-based facility; or (e) a radiocommunications transmitter of a kind specified in a determination under subsection (2); or (f) a radiocommunications receiver of a kind specified in a determination under subsection (3); but does not include a reference to: (g) a base station of a kind declared under subsection (5) to be exempt from this section; or (h) a fixed radiocommunications link of a kind declared under subsection (5) to be exempt from this section; or (i) a satellite-based facility of a kind declared under subsection (5) to be exempt from this section. Note 1: Public mobile telecommunications service is defined by section 32. Note 2: Base station that is part of a terrestrial radiocommunications customer access network is defined by section 34. Note 3: Fixed radiocommunications link is defined by section 35. Note 4: Satellite-based facility is defined by section 7. (2) The Minister may make a written determination for the purposes of paragraph (1)(e). (3) The Minister may make a written determination for the purposes of paragraph (1)(f). (4) A determination under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (5) The Minister may make a written declaration for the purposes of paragraph (1)(g), (h) or (i). (6) A declaration under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (7) To avoid doubt, nothing in the other provisions of this Part limits a power conferred by subsection (2), (3) or (5). 32 Public mobile telecommunications service (1) For the purposes of this Act, if: (a) an end-user can use a carriage service while moving continuously between places; and (b) the customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and (c) the service is supplied by use of a telecommunications network that has intercell hand-over functions; and (d) the service is not an exempt service (as defined by subsection (2), (3) or (4)); the service is a public mobile telecommunications service. (2) For the purposes of this section, a carriage service is an exempt service if: (a) the service is supplied by means of a telecommunications network (a primary network) that is connected to one or more line links or other facilities that, apart from this section, are eligible network units; and (b) the principal function of the primary network is to supply carriage services between customer equipment connected to the primary network and other such equipment; and (c) the supply of carriage services between such equipment and equipment connected to the network units is, at most, an ancillary function of the primary network; and (d) despite the connection or connections referred to in paragraph (a), the primary network cannot be used in carrying a communication, as a single transaction, between equipment connected to the network units and other such equipment. (3) For the purposes of this section, a carriage service is an exempt service if the service is: (a) a one-way only, store-and-forward communications service; or (b) a service that performs the same functions as such a service. (4) For the purposes of this section, a carriage service is an exempt service if all of the end-users of the service are located at the same distinct place. (5) In this section: eligible network unit means a network unit: (a) that is owned by one or more carriers; or (b) in relation to which a nominated carrier declaration is in force. 33 Intercell hand-over functions (1) For the purposes of this Act, a telecommunications network is taken to have intercell hand-over functions if, and only if: (a) the facilities of the network include at least 2 base stations each of which transmits and receives signals to and from customer equipment (mobile equipment) that is: (i) used for or in relation to the supply of an eligible mobile telecommunications service; and (ii) located within a particular area (a cell); and (b) the network includes the functions necessary to do the following while the network is carrying a communication made to or from particular mobile equipment: (i) determine in which cell the equipment is located and cause the base station in that cell to transmit and receive signals to and from the equipment; (ii) when the equipment moves from one cell to another, cause the base station in the one cell to stop, and the base station in the other cell to start, transmitting and receiving signals to and from the equipment. (2) For the purposes of this section, a carriage service is an eligible mobile telecommunications service if: (a) an end-user can use it while moving continuously between places; and (b) customer equipment used for or in relation to the supply o