TELECOMMUNICATIONS ACT 1997 - SECT 310 Instrument - making powers not limited
TELECOMMUNICATIONS ACT 1997 - SECT 310
Instrument - making powers not limited(1) This Part does not, by implication, limit a power conferred by or under this Act to make an instrument.
(2) This Part does not, by implication, limit the matters that may be dealt with by codes or standards referred to in Part 6.
(3) This section does not, by implication, limit subsection 33(3B) of the Acts Interpretation Act 1901 .
• 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 telemarketing industry or the fax marketing 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 telemarketing industry or the fax marketing 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 do their best to protect telecommunications networks and facilities from unauthorised interference or unauthorised access.
• 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 may require certain carriers and carriage service providers to provide pre - selection in favour of carriage service providers in relation to calls made using a standard telephone service.
• The ACMA must require certain carriers and carriage service providers to provide pre - selection in favour of carriage service providers in relation to calls made using a declared carriage service.
• 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.
• Numbering may be administered by a numbering scheme manager or by the ACMA.
• 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.
• 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.
• The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless:
(a) a nominated carrier declaration is in force in relation to the network unit; or
(b) an exemption applies.
• Carrier licences are granted by the ACMA.
• The holder of a carrier licence is known as a carrier .
• If responsibility for a network unit is transferred from the owner of the unit to a carrier, the ACMA may make a nominated carrier declaration that declares the carrier to be the nominated carrier in relation to the unit.
• Carrier licences are subject to conditions.
• A service provider is:
(a) a carriage service provider; or
(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 ACMA is to monitor and report each financial year on matters relating to the performance of carriers and carriage service providers.
• The ACMA may be directed by the Minister to monitor, and report on, specified matters relating to the performance of carriers and carriage service providers.
• The ACCC is to monitor, and report each financial year to the Minister on, breaches by a designated Telstra successor company of an undertaking about structural separation.
• Bodies and associations that represent sections of the telecommunications industry, the telemarketing industry or the fax marketing 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 telemarketing industry or the fax marketing 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.
• A controller of a local access line (other than a line that is part of the infrastructure of the national broadband network) must not use the line to supply an eligible service to a person other than a carrier or a service provider, if:
(a) the line came into existence, or was upgraded, on or after the designated commencement date; and
(b) the line is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and
(c) no functional separation undertaking is in force.
• A controller of a telecommunications network (other than the national broadband network) must not use a local access line to supply an eligible service to a person other than a carrier or a service provider, if:
(a) the line is part of the infrastructure of the network; and
(b) the network came into existence, or was upgraded, on or after 1 January 2011, but before the designated commencement date; and
(c) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and
(d) no functional separation undertaking is in force.
• Carriers, carriage service providers, number - database operators, emergency call persons and their respective associates must protect the confidentiality of information that relates to:
(a) the contents of communications that have been, or are being, carried by carriers or carriage service providers; and
(b) carriage services supplied by carriers and carriage service providers; and
(c) the affairs or personal particulars of other persons.
• The disclosure or use of protected information is authorised in limited circumstances (for example, disclosure or use for purposes relating to the enforcement of the criminal law).
• An authorised recipient of protected information may only disclose or use the information for an authorised purpose.
• Certain record - keeping requirements are imposed in relation to authorised disclosures or uses of information.
No. 47, 1997
Compilation No. 109
Compilation date: 11 October 2023
Includes amendments up to: Act No. 73, 2023
Registered: 27 October 2023
This compilation is in 3 volumes
Volume 3: Schedules
Endnotes
Each volume has its own contents
This compilation includes commenced amendments made by Act No. 17, 2023
About this compilation
This compilation
This is a compilation of the Telecommunications Act 1997 that shows the text of the law as amended and in force on 11 October 2023 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 14--National interest matters
Division 1--Simplified outline
Division 2--Obligations of ACMA and carriers and carriage service providers
313 Obligations of carriers and carriage service providers
314 Terms and conditions on which help is to be given
Division 3--Notification of changes to telecommunications services or telecommunications systems relating to obligation under subsection 313(1A) or (2A)
Subdivision A--Individual notifications
314B Assessment of proposed change
Subdivision B--Security capability plans
314C Security capability plans
314D Assessment of security capability plan
314E Relationship with section 314A
Division 4--Carriage service provider may suspend supply of carriage service in an emergency
315 Suspension of supply of carriage service in an emergency
Division 5--Directions by Home Affairs Minister
315A Direction if use or supply of carriage services prejudicial to security
315B Direction if risk of unauthorised interference or access involving telecommunications networks or facilities
Division 6--Home Affairs Secretary's information - gathering powers
315C Home Affairs Secretary may obtain information and documents from carriers and carriage service providers
315G Delegation by Home Affairs Secretary
Division 7--Information sharing and confidentiality
315H Information sharing and confidentiality
Division 8A--Review by Parliamentary Joint Committee on Intelligence and Security
315K Review by Parliamentary Joint Committee on Intelligence and Security
Division 9--Generality of Part not limited
316 Generality of Part not limited
317A Simplified outline of this Part
317B Definitions
317C Designated communications provider etc.
317D Electronic service
317F Extension to external Territories
Division 2--Voluntary technical assistance
317G Voluntary technical assistance provided to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency
317H Form of technical assistance request
317HAA Provision of advice to designated communications providers
317HAB Notification obligations
317HA Duration of technical assistance request
317JAA Decision - making criteria
317JA Variation of technical assistance requests
317JB Revocation of technical assistance requests
317JC Whether a technical assistance request is reasonable and proportionate
Division 3--Technical assistance notices
317L Technical assistance notices
317LA Approval of technical assistance notices given by the chief officer of an interception agency of a State or Territory
317M Form of technical assistance notice
317MAA Provision of advice to designated communications providers
317MAB Notification obligations
317MA Duration of technical assistance notice
317P Decision - making criteria
317PA Consultation about a proposal to give a technical assistance notice
317Q Variation of technical assistance notices
317R Revocation of technical assistance notices
317RA Whether requirements imposed by a technical assistance notice are reasonable and proportionate
Division 4--Technical capability notices
317S Attorney - General may determine procedures and arrangements relating to requests for technical capability notices
317T Technical capability notices
317TAAA Approval of technical capability notice
317TAA Provision of advice to designated communications providers
317TAB Notification obligations
317TA Duration of technical capability notice
317V Decision - making criteria
317W Consultation about a proposal to give a technical capability notice
317X Variation of technical capability notices
317XA Approval of variation of technical capability notice
317Y Consultation about a proposal to vary a technical capability notice
317Z Revocation of technical capability notices
317ZAA Whether requirements imposed by a technical capability notice are reasonable and proportionate
Division 5--Compliance and enforcement
317ZA Compliance with notices--carriers and carriage service providers
317ZB Compliance with notices--designated communications provider (other than a carrier or carriage service provider)
317ZC Civil penalty provision
317ZD Enforceable undertakings
Division 6--Unauthorised disclosure of information etc.
317ZF Unauthorised disclosure of information
317ZG Designated communications provider must not be requested or required to implement or build a systemic weakness or systemic vulnerability etc.
317ZGA Limits on technical capability notices
317ZH General limits on technical assistance requests, technical assistance notices and technical capability notices
Division 8--General provisions
317ZK Terms and conditions on which help is to be given etc.
317ZKA Notification obligations
317ZM Interception agency--chief officer and officer
317ZN Delegation by Director - General of Security
317ZP Delegation by Director - General of the Australian Secret Intelligence Service
317ZQ Delegation by Director - General of the Australian Signals Directorate
317ZR Delegation by the chief officer of an interception agency
317ZRA Relationship of this Part to parliamentary privileges and immunities
317ZT Alternative constitutional basis
Part 16--Defence requirements and disaster plans
Division 2--Supply of carriage services
335 Requirement to supply carriage services for defence purposes or for the management of natural disasters
336 Definitions
337 Preparation of draft agreement
338 ACMA's certification of draft agreement
339 Requirement to enter into certified agreement
341 Withdrawal of certification of agreement
345 Carrier licence conditions about designated disaster plans
346 Service provider determinations about designated disaster plans
346A Carrier and carriage service provider immunity
Part 17--Pre - selection in favour of carriage service providers
349 Requirement to provide pre - selection
349A Local access line
350 When pre - selection is provided in favour of a carriage service provider
350A Declared carriage services
351 Pre - selection to be provided
352 Exemptions from requirement to provide pre - selection
353 Use of over - ride dial codes
Part 18--Calling line identification
355 Calling line identification
356 Exemptions from calling line identification requirement
Part 19--Statutory infrastructure providers
360 Simplified outline of this Part
360A Definitions
360AA Qualifying fixed wireless carriage service
Division 2--Service areas and statutory infrastructure providers
360B Simplified outline of this Division
360C Definition of service area
Subdivision A--Rules applicable before the designated day
360E Statutory infrastructure provider for an interim NBN service area
Subdivision B--Rules applicable after the start of the designated day
360G Statutory infrastructure provider for the general service area
Subdivision C--Rules applicable before, at and after the start of the designated day
360H Nominated service area--declaration made by a carrier
360HA Nominated service area--anticipatory notice to be given to the ACMA by a carrier
360J Nominated service area--carrier licence conditions declarations
360K Statutory infrastructure provider for a nominated service area
360L Designated service area and statutory infrastructure provider
Subdivision D--Format of description of areas
360LA Format of description of areas
Division 3--Obligations of statutory infrastructure provider
360P Obligation of statutory infrastructure provider to connect premises
360Q Obligation of statutory infrastructure provider to supply eligible services--premises
360R Notification obligations of statutory infrastructure provider
Division 4--Standards, benchmarks and rules
Division 5--Publication of offers
360W Publication of offer etc.--connection of premises
360X Publication of offer--supply of eligible services
360XA Periodic compliance reports
360Y Building redevelopment projects etc.
360Z Register of statutory infrastructure providers and anticipatory notices
Part 20--International aspects of activities of the telecommunications industry
Division 1--Simplified outline
Division 2--Compliance with international agreements
365 INTELSAT and Inmarsat--directions to Signatories
366 Compliance with conventions
Division 3--Rules of conduct about dealings with international telecommunications operators
367 Rules of conduct about dealings with international telecommunications operators
368 ACCC to administer Rules of Conduct
369 Rules of Conduct to bind carriers and carriage service providers
370 Unenforceability of agreements
371 Investigations by the ACCC
372 Reviews of the operation of this Division
Part 20A--Deployment of optical fibre etc.
Division 1--Simplified outline
Division 2--Deployment of optical fibre lines
372B Deployment of optical fibre lines to building lots
372C Deployment of optical fibre lines to building units
372D Exemptions--Ministerial instrument
Division 3--Installation of fibre - ready facilities
Subdivision A--Installation obligations
372E Installation of fibre - ready facilities--building lots
372F Installation of fibre - ready facilities--building units
Subdivision B--Sale of building lots and building units
372G Sale of building lots and building units--subdivisions
372H Sale of building units--other projects
372K Exemptions--Ministerial instrument
Division 4--Third party access regime
372L Third party access regime
372M Terms and conditions of access
372N Exemptions--Ministerial instrument
372NA Code relating to access
Division 5--Exemption of certain projects
372P Exemption of certain projects
372Q Real estate development projects etc.
372R Subdivision of an area of land
372S Building units
372T Sale of building lots
372U Sale of building units
372X Installation of a facility
372Y Installation of a fibre - ready facility in proximity to a building lot or building unit
372Z Sewerage services, electricity or water supplied to a building lot or building unit
372ZA Supply to the public
372ZB Concurrent operation of State and Territory laws
Division 1--Simplified outline
Division 2--Interpretative provisions
374 Part applies to networks or facilities in Australia operated by carriers or carriage service providers
375 Manager of network or facility
Division 3--Technical standards about customer equipment and customer cabling
376 ACMA's power to make technical standards
376A ACMA must make technical standards if directed by the Minister
377 Adoption of voluntary standards
378 Procedures for making technical standards
379 Making technical standards in cases of urgency
Division 4--Disability standards
380 Disability standards
381 Adoption of voluntary standards
382 Procedures for making disability standards
383 Effect of compliance with disability standards
Division 5--Technical standards about the interconnection of facilities
384 ACMA's power to make technical standards
385 Adoption of voluntary standards
386 Procedures for making technical standards
387 Procedures for making technical standards
388 Provision of access
389 Promotion of the long - term interests of end - users of carriage services and of services supplied by means of carriage services
Division 5A--Technical standards relating to Layer 2 bitstream services
389A ACMA's power to determine technical standards
389B Compliance with technical standards
Division 6--Connection permits and connection rules
Subdivision A--Connection permits authorising the connection of non - standard customer equipment and non - standard cabling
390 Application for connection permit
392 Application to be accompanied by charge
394 Issue of connection permits
395 Connection permit has effect subject to this Act
397 Duration of connection permits
398 Conditions of connection permits
399 Offence of contravening condition
400 Formal warnings--breach of condition
401 Surrender of connection permit
402 Cancellation of connection permit
403 Register of connection permits
Subdivision B--Connection rules
405 Procedures for making connection rules
Division 7--Labelling of customer equipment and customer cabling
406A Application of Division to agent of manufacturer or importer
408 Requirements to apply labels--ancillary matters
409 Recognised testing authorities and competent bodies
411 Connection of customer equipment or customer cabling--breach of section 376 standards
412 Connection of labelled customer equipment or customer cabling not to be refused
413 Supply of unlabelled customer equipment or unlabelled customer cabling
414 Applying labels before satisfying requirements under subsection 408(5)
415 Failure to retain records etc.
416 Application of labels containing false statements about compliance with standards
420 Prohibition of unauthorised cabling work
422 Procedures for making cabling provider rules
423 Application for cabling licence
425 Application to be accompanied by charge
428 Time limit on licence decision
429 Notification of refusal of application
430 Cabling licence has effect subject to this Act
431 Duration of cabling licence
432 Conditions of cabling licence
433 Procedures for changing licence conditions
434 Offence in relation to contravening condition
435 Formal warnings--breach of condition
436 Surrender of cabling licence
437 Suspension of cabling licence
438 Cancellation of cabling licence
439 ACMA may limit application of Division in relation to customer cabling
442 Register of cabling licences
Division 10--Remedies for unauthorised connections to telecommunications networks etc.
443 Civil action for unauthorised connections to telecommunications networks etc.
444 Remedy for contravention of labelling requirements
445 Remedies for connection of unlabelled customer equipment or unlabelled customer cabling
446 Disconnection of dangerous customer equipment or customer cabling
447 Disconnection of customer equipment or customer cabling--protection of the integrity of networks and facilities
448 Civil action for dangerous connections to telecommunications networks etc.
449 Other remedies not affected
Division 11--Prohibited customer equipment and prohibited customer cabling
450 Declaration of prohibited customer equipment or prohibited customer cabling
452 Operation of prohibited customer equipment or customer cabling
Division 12--Pre - commencement labels
Division 13--Penalties payable instead of prosecution
453A Penalties payable instead of prosecution
Part 22--Numbering of carriage services and regulation of electronic addressing
Division 1--Simplified outline
Division 2--Numbering of carriage services
Subdivision AA--Management by numbering scheme manager
454A Minister may determine numbering scheme manager
454B No property rights in numbers
454C Numbering scheme principles
454D Revocation of determination
454E Directions to numbering scheme manager
454F Numbering scheme manager providing information to the ACMA
454G Directions to comply with rules
454H Numbering scheme documents are not legislative instruments
Subdivision A--Management by the ACMA
456 Numbering plan--supply to the public
457 Numbering plan--allocation otherwise than in accordance with an allocation system
458 Numbering plan--rules about portability of allocated numbers
459 ACMA to administer numbering plan
460 Consultation about numbering plan
461A Making numbering plan in cases of urgency
462 Compliance with the numbering plan
Subdivision B--Allocation system for numbers
463 Allocation system for numbers
464 Consultation about an allocation system
465 Register of allocated numbers
466 Emergency service numbers
468 Collection of numbering charges
469 Collection of charges on behalf of the Commonwealth
470 Cancellation of certain exemptions from charge
471 Commonwealth not liable to charge
472 Integrated public number database
473 Letters and symbols taken to be numbers
Division 3--Regulation of electronic addressing
474 Declared manager of electronic addressing
475 ACMA may give directions to declared manager of electronic addressing
476 ACCC may give directions to declared manager of electronic addressing
477 ACCC's directions to prevail over the ACMA's directions
Part 23--Standard agreements for the supply of carriage services
479 Standard terms and conditions apply unless excluded
482 Concurrent operation of State/Territory laws
483 Competition and Consumer Act not affected by this Part
Part 24--Carriers' powers and immunities
Division 1--Simplified outline
Division 2--Inquiries by the ACMA
488 Informing the public about an inquiry
490 Written submissions and protection from civil actions
492 Hearing to be in public except in exceptional cases
493 Confidential material not to be published
494 Direction about private hearings
Division 3--Inquiries by the ACCC
498 Informing the public about an inquiry
500 Written submissions and protection from civil actions
502 Hearing to be in public except in exceptional cases
503 Confidential material not to be published
504 Direction about private hearings
505A ACCC may use material presented to a previous public inquiry
505B ACCC may adopt a finding from a previous public inquiry
506 ACCC's other powers not limited
508 Matters to which this Part applies
510 Investigations by the ACMA
513 Complainant and certain other persons to be informed of various matters
514 Reference of matters to Ombudsman or other responsible person
515 Reference of matters to the ACCC
515A Reference of matters to Information Commissioner
518 Person adversely affected by report to be given opportunity to comment
519 Protection from civil actions
Part 27--The ACMA's information - gathering powers
Division 1--Simplified outline
Division 2--Information - gathering powers
521 The ACMA may obtain information and documents from carriers and service providers
522 The ACMA may obtain information and documents from other persons
523 Copying documents--reasonable compensation
525 Giving false or misleading information or evidence
Division 3--Record - keeping rules
529 ACMA may make record - keeping rules
530 Compliance with record - keeping rules
532A References to the Spam Act 2003
Division 2--Inspectors and identity cards
Division 3--Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
535 Magistrate may issue warrant
536 Reasonable grounds for issuing warrant etc.
538 Warrants may be issued by telephone etc.
539 Provisions relating to issue of warrant by telephone etc.
540 Proceedings involving warrant issued by telephone etc.
Division 4--Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
541 When is a thing connected with an offence?
541A When is a thing connected with a breach of the Spam Act 2003 ?
543 Production of identity card etc.
544 Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003
545 Emergency entry, search and seizure
546 Retention of things seized
Division 5--Searches to monitor compliance with Part 21
547 Searches to monitor compliance with Part 21
Division 5A--Searches to monitor compliance with the Spam Act 2003
547A Powers available to inspectors for monitoring compliance
547C Production of identity card etc.
547E Details of warrant to be given to occupier etc.
547F Announcement before entry
547G Compensation for damage to equipment
547H Occupier entitled to be present during search
Division 5B--Access to computer data that is relevant to the Spam Act 2003
547J Access to computer data that is relevant to the Spam Act 2003
Division 6--Other powers of inspectors
548 General powers of inspectors
549 Power to require information etc.
551 Court may order forfeiture
552 Forfeited goods may be sold
553 Offences that are going to be committed
555 Decisions that may be subject to reconsideration by the ACMA
556 Deadlines for reaching certain decisions
557 Statements to accompany notification of decisions
558 Applications for reconsideration of decisions
559 Reconsideration by the ACMA
560 Deadlines for reconsiderations
561 Statements to accompany notification of decisions on reconsideration
562 Review by the Administrative Appeals Tribunal
566 Discharge etc. of injunctions
567 Certain limits on granting injunctions not to apply
568 Other powers of the court unaffected
570 Pecuniary penalties for contravention of civil penalty provisions
571 Civil action for recovery of pecuniary penalties
572 Criminal proceedings not to be brought for contravention of civil penalty provisions
Part 31A--Enforceable undertakings
572B Acceptance of undertakings
572C Enforcement of undertakings
Part 31B--Infringement notices for contraventions of civil penalty provisions
572E When an infringement notice can be given
572F Matters to be included in an infringement notice
572G Amount of penalty
572H Withdrawal of an infringement notice
572J What happens if the penalty is paid
572K Effect of this Part on civil proceedings
572L Appointment of authorised infringement notice officer
572M Guidelines relating to infringement notices
574 Proceedings under this Act
574A Definition
576 Liability of persons other than corporations
Part 33--Voluntary undertakings originally given by Telstra
Division 2--Structural separation
Subdivision A--Undertaking about structural separation
577A Acceptance of undertaking about structural separation
577AA Acceptance of undertaking about structural separation may be subject to the occurrence of events
577AB When undertaking about structural separation comes into force
577AC Publication requirements for undertaking about structural separation
577ACA Repointing of undertaking about structural undertaking to certain designated Telstra successor companies
577ACB Directions--facilitation of undertaking about structural separation
577AD Compliance with undertaking about structural separation
577B Variation of undertaking about structural separation
577BA Authorised conduct--subsection 51(1) of the Competition and Consumer Act 2010
577BAA Directions--facilitation of contract or agreement
577BB Migration plan principles
577BD Approval of draft migration plan by the ACCC--plan given after undertaking about structural separation comes into force
577BDA Approval of draft migration plan by the ACCC--plan given before undertaking about structural separation comes into force
577BDB Approval of draft migration plan by the ACCC--plan given in compliance with a direction
577BDC Approval of draft migration plan by the ACCC--plan given in response to a request
577BE Effect of approval of draft migration plan
577BEA Repointing of final migration plan to certain designated Telstra successor companies
577BEB Directions--facilitation of final migration plan
577BF Variation of final migration plan
Division 3--Hybrid fibre - coaxial networks
577C Acceptance of undertaking about hybrid fibre - coaxial networks
577CA Acceptance of undertaking about hybrid fibre - coaxial networks may be subject to the occurrence of events
577CB When undertaking about hybrid fibre - coaxial networks comes into force
577CC Publication requirements for undertaking about hybrid fibre - coaxial networks
577CD Compliance with undertaking about hybrid fibre - coaxial networks
577D Variation of undertaking about hybrid fibre - coaxial networks
Division 4--Subscription television broadcasting licences
577E Acceptance of undertaking about subscription television broadcasting licences
577EA Acceptance of undertaking about subscription television broadcasting licences may be subject to the occurrence of events
577EB When undertaking about subscription television broadcasting licences comes into force
577EC Publication requirements for undertaking about subscription television broadcasting licences
577ED Compliance with undertaking about subscription television broadcasting licences
577F Variation of undertaking about subscription television broadcasting licences
Division 5--Enforcement of undertakings
577FA Enforcement of undertakings in force under section 577A
577G Enforcement of undertakings in force under section 577C or 577E
Division 6--Limits on allocation of spectrum licences etc.
577GA Excluded spectrum regime
577H Designated part of the spectrum
577J Limits on allocation of certain spectrum licences to Telstra
577K Limits on use of certain spectrum licences by Telstra
577L Limits on assignment of certain spectrum licences to Telstra etc.
577Q When Telstra or a designated Telstra successor company is in a position to exercise control of a network
Part 34--Special provisions relating to conventions and directions
580 ACMA must have regard to conventions
581 Power to give directions to carriers and service providers
Part 34A--Telstra successor companies and designated Telstra successor companies
581A Simplified outline of this Part
581E Prescribed telecommunications law
Division 2--Telstra successor company and designated Telstra successor company
581F Telstra successor company
581G Designated Telstra successor company
581K ACMA to maintain register of Telstra successor companies and designated Telstra successor companies etc.
Division 3--Transfer of business
581L Telecommunications business
581M Notification of transfer of telecommunications business
581MA Notification of proposed transfer of prescribed business
Division 4--Transfer of assets
581P Notification of transfer of telecommunications asset
581PA Notification of proposed transfer of prescribed asset
Division 5--Consultation relating to declarations
581R Consultation relating to declarations
581TA Facilitation of compliance with a direction given by the ACMA
581TB Facilitation of obligations imposed on a named designated Telstra successor company
581U Transitional--references in legislation to Telstra Infraco Limited
Part 34B--Access to supplementary facilities and telecommunications transmission towers
581V Simplified outline of this Part
Division 2--Access to supplementary facilities
581Y Access to supplementary facilities
581Z Terms and conditions of access
581ZA Ministerial pricing determinations
Division 3--Access to telecommunications transmission towers
581ZB Definitions
581ZBA Telecommunications transmission tower
581ZC Extended meaning of access
581ZD Access to telecommunications transmission towers
581ZE Terms and conditions of access
581ZF Code relating to access
581ZG This Division does not limit Division 2
Division 4--Review of corporate control percentage
581ZH Review of corporate control percentage
583 Penalties for certain continuing offences
584 Procedure relating to certain continuing offences
586 Giving of documents to partnerships
587 Nomination of address for service of documents
588 Service of summons or process on foreign corporations--criminal proceedings
589 Instruments under this Act may provide for matters by reference to other instruments
590 Arbitration--acquisition of property
591 Compensation--constitutional safety net
592 Act not to affect performance of State or Territory functions
593 Funding of consumer representation, and of research, in relation to telecommunications
593A Removal of Optus Networks' tax losses
594 Regulations