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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.

 

Commonwealth Coat of Arms of Australia

Telecommunications Act 1997

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 1:   sections   1- 310

Volume 2:   sections   311- 594

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.

 

 

 

Contents

Part   14--National interest matters

Division   1--Simplified outline

311   Simplified outline

Division   2--Obligations of ACMA and carriers and carriage service providers

312   ACMA's obligations

313   Obligations of carriers and carriage service providers

314   Terms and conditions on which help is to be given

Division   3--Notification of changes to telecommunications services or telecommunications systems relating to obligation under subsection   313(1A) or (2A)

Subdivision A--Individual notifications

314A   Individual notifications

314B   Assessment of proposed change

Subdivision B--Security capability plans

314C   Security capability plans

314D   Assessment of security capability plan

314E   Relationship with section   314A

Division   4--Carriage service provider may suspend supply of carriage service in an emergency

315   Suspension of supply of carriage service in an emergency

Division   5--Directions by Home Affairs Minister

315A   Direction if use or supply of carriage services prejudicial to security

315B   Direction if risk of unauthorised interference or access involving telecommunications networks or facilities

Division   6--Home Affairs Secretary's information - gathering powers

315C   Home Affairs Secretary may obtain information and documents from carriers and carriage service providers

315D   Self - incrimination

315E   Copies of documents

315F   Retention of documents

315G   Delegation by Home Affairs Secretary

Division   7--Information sharing and confidentiality

315H   Information sharing and confidentiality

Division   8--Annual report

315J   Annual report

Division   8A--Review by Parliamentary Joint Committee on Intelligence and Security

315K   Review by Parliamentary Joint Committee on Intelligence and Security

Division   9--Generality of Part not limited

316   Generality of Part not limited

Part   15--Industry assistance

Division   1--Introduction

317A   Simplified outline of this Part

317B   Definitions

317C   Designated communications provider etc.

317D   Electronic service

317E   Listed acts or things

317F   Extension to external Territories

Division   2--Voluntary technical assistance

317G   Voluntary technical assistance provided to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency

317H   Form of technical assistance request

317HAA   Provision of advice to designated communications providers

317HAB   Notification obligations

317HA   Duration of technical assistance request

317J   Specified period etc.

317JAA   Decision - making criteria

317JA   Variation of technical assistance requests

317JB   Revocation of technical assistance requests

317JC   Whether a technical assistance request is reasonable and proportionate

317K   Contract etc.

Division   3--Technical assistance notices

317L   Technical assistance notices

317LA   Approval of technical assistance notices given by the chief officer of an interception agency of a State or Territory

317M   Form of technical assistance notice

317MAA   Provision of advice to designated communications providers

317MAB   Notification obligations

317MA   Duration of technical assistance notice

317N   Compliance period etc.

317P   Decision - making criteria

317PA   Consultation about a proposal to give a technical assistance notice

317Q   Variation of technical assistance notices

317R   Revocation of technical assistance notices

317RA   Whether requirements imposed by a technical assistance notice are reasonable and proportionate

Division   4--Technical capability notices

317S   Attorney - General may determine procedures and arrangements relating to requests for technical capability notices

317T   Technical capability notices

317TAAA   Approval of technical capability notice

317TAA   Provision of advice to designated communications providers

317TAB   Notification obligations

317TA   Duration of technical capability notice

317U   Compliance period etc.

317V   Decision - making criteria

317W   Consultation about a proposal to give a technical capability notice

317WA   Assessment and report

317X   Variation of technical capability notices

317XA   Approval of variation of technical capability notice

317Y   Consultation about a proposal to vary a technical capability notice

317YA   Assessment and report

317Z   Revocation of technical capability notices

317ZAA   Whether requirements imposed by a technical capability notice are reasonable and proportionate

Division   5--Compliance and enforcement

317ZA   Compliance with notices--carriers and carriage service providers

317ZB   Compliance with notices--designated communications provider (other than a carrier or carriage service provider)

317ZC   Civil penalty provision

317ZD   Enforceable undertakings

317ZE   Injunctions

Division   6--Unauthorised disclosure of information etc.

317ZF   Unauthorised disclosure of information

317ZFA   Powers of a court

Division   7--Limitations

317ZG   Designated communications provider must not be requested or required to implement or build a systemic weakness or systemic vulnerability etc.

317ZGA   Limits on technical capability notices

317ZH   General limits on technical assistance requests, technical assistance notices and technical capability notices

Division   8--General provisions

317ZJ   Immunity

317ZK   Terms and conditions on which help is to be given etc.

317ZKA   Notification obligations

317ZL   Service of notices etc.

317ZM   Interception agency--chief officer and officer

317ZN   Delegation by Director - General of Security

317ZP   Delegation by Director - General of the Australian Secret Intelligence Service

317ZQ   Delegation by Director - General of the Australian Signals Directorate

317ZR   Delegation by the chief officer of an interception agency

317ZRA   Relationship of this Part to parliamentary privileges and immunities

317ZRB   Inspection of records

317ZS   Annual reports

317ZT   Alternative constitutional basis

Part   16--Defence requirements and disaster plans

Division   1--Introduction

333   Simplified outline

334   Defence authority

Division   2--Supply of carriage services

335   Requirement to supply carriage services for defence purposes or for the management of natural disasters

Division   3--Defence planning

336   Definitions

337   Preparation of draft agreement

338   ACMA's certification of draft agreement

339   Requirement to enter into certified agreement

340   Compliance with agreement

341   Withdrawal of certification of agreement

342   Duration of agreement

343   Variation of agreement

Division   4--Disaster plans

344   Designated disaster plans

345   Carrier licence conditions about designated disaster plans

346   Service provider determinations about designated disaster plans

346A   Carrier and carriage service provider immunity

Division   5--Delegation

347   Delegation

Part   17--Pre - selection in favour of carriage service providers

348   Simplified outline

349   Requirement to provide pre - selection

349A   Local access line

350   When pre - selection is provided in favour of a carriage service provider

350A   Declared carriage services

351   Pre - selection to be provided

352   Exemptions from requirement to provide pre - selection

353   Use of over - ride dial codes

Part   18--Calling line identification

354   Simplified outline

355   Calling line identification

356   Exemptions from calling line identification requirement

Part   19--Statutory infrastructure providers

Division   1--Introduction

360   Simplified outline of this Part

360A   Definitions

360AA   Qualifying fixed wireless carriage service

Division   2--Service areas and statutory infrastructure providers

Subdivision AA--Introduction

360B   Simplified outline of this Division

360C   Definition of service area

Subdivision A--Rules applicable before the designated day

360D   Interim NBN service area

360E   Statutory infrastructure provider for an interim NBN service area

Subdivision B--Rules applicable after the start of the designated day

360F   General service area

360G   Statutory infrastructure provider for the general service area

Subdivision C--Rules applicable before, at and after the start of the designated day

360H   Nominated service area--declaration made by a carrier

360HA   Nominated service area--anticipatory notice to be given to the ACMA by a carrier

360J   Nominated service area--carrier licence conditions declarations

360K   Statutory infrastructure provider for a nominated service area

360L   Designated service area and statutory infrastructure provider

Subdivision D--Format of description of areas

360LA   Format of description of areas

Division   3--Obligations of statutory infrastructure provider

360P   Obligation of statutory infrastructure provider to connect premises

360Q   Obligation of statutory infrastructure provider to supply eligible services--premises

360R   Notification obligations of statutory infrastructure provider

360S   Targets for NBN Co

Division   4--Standards, benchmarks and rules

360U   Standards and benchmarks

360V   Rules

Division   5--Publication of offers

360W   Publication of offer etc.--connection of premises

360X   Publication of offer--supply of eligible services

Division   6--Miscellaneous

360XA   Periodic compliance reports

360Y   Building redevelopment projects etc.

360Z   Register of statutory infrastructure providers and anticipatory notices

360ZA   Delegation

Part   20--International aspects of activities of the telecommunications industry

Division   1--Simplified outline

364   Simplified outline

Division   2--Compliance with international agreements

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

372A   Simplified outline

Division   2--Deployment of optical fibre lines

372B   Deployment of optical fibre lines to building lots

372C   Deployment of optical fibre lines to building units

372D   Exemptions--Ministerial instrument

Division   3--Installation of fibre - ready facilities

Subdivision A--Installation obligations

372E   Installation of fibre - ready facilities--building lots

372F   Installation of fibre - ready facilities--building units

Subdivision B--Sale of building lots and building units

372G   Sale of building lots and building units--subdivisions

372H   Sale of building units--other projects

372J   Acquisition of property

Subdivision D--Exemptions

372K   Exemptions--Ministerial instrument

Division   4--Third party access regime

372L   Third party access regime

372M   Terms and conditions of access

372N   Exemptions--Ministerial instrument

372NA   Code relating to access

Division   5--Exemption of certain projects

372P   Exemption of certain projects

Division   6--Miscellaneous

372Q   Real estate development projects etc.

372R   Subdivision of an area of land

372S   Building units

372T   Sale of building lots

372U   Sale of building units

372V   Fixed - line facilities

372W   Fibre - ready facility

372X   Installation of a facility

372Y   Installation of a fibre - ready facility in proximity to a building lot or building unit

372Z   Sewerage services, electricity or water supplied to a building lot or building unit

372ZA   Supply to the public

372ZB   Concurrent operation of State and Territory laws

372ZD   NBN Co

Part   21--Technical regulation

Division   1--Simplified outline

373   Simplified outline

Division   2--Interpretative provisions

374   Part applies to networks or facilities in Australia operated by carriers or carriage service providers

375   Manager of network or facility

Division   3--Technical standards about customer equipment and customer cabling

376   ACMA's power to make technical standards

376A   ACMA must make technical standards if directed by the Minister

377   Adoption of voluntary standards

378   Procedures for making technical standards

379   Making technical standards in cases of urgency

Division   4--Disability standards

380   Disability standards

381   Adoption of voluntary standards

382   Procedures for making disability standards

383   Effect of compliance with disability standards

Division   5--Technical standards about the interconnection of facilities

384   ACMA's power to make technical standards

385   Adoption of voluntary standards

386   Procedures for making technical standards

387   Procedures for making technical standards

388   Provision of access

389   Promotion of the long - term interests of end - users of carriage services and of services supplied by means of carriage services

Division   5A--Technical standards relating to Layer 2 bitstream services

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

391   Form of application

392   Application to be accompanied by charge

393   Further information

394   Issue of connection permits

395   Connection permit has effect subject to this Act

396   Nominees of holder

397   Duration of connection permits

398   Conditions of connection permits

399   Offence of contravening condition

400   Formal warnings--breach of condition

401   Surrender of connection permit

402   Cancellation of connection permit

403   Register of connection permits

Subdivision B--Connection rules

404   Connection rules

405   Procedures for making connection rules

Division   7--Labelling of customer equipment and customer cabling

406   Application of labels

406A   Application of Division to agent of manufacturer or importer

407   Labelling requirements

408   Requirements to apply labels--ancillary matters

409   Recognised testing authorities and competent bodies

410   Certification bodies

411   Connection of customer equipment or customer cabling--breach of section   376 standards

412   Connection of labelled customer equipment or customer cabling not to be refused

413   Supply of unlabelled customer equipment or unlabelled customer cabling

414   Applying labels before satisfying requirements under subsection   408(5)

415   Failure to retain records etc.

416   Application of labels containing false statements about compliance with standards

Division   8--Protected symbols

417   Protected symbols

Division   9--Cabling providers

418   Cabling work

419   Types of cabling work

420   Prohibition of unauthorised cabling work

421   Cabling provider rules

422   Procedures for making cabling provider rules

423   Application for cabling licence

424   Form of application

425   Application to be accompanied by charge

426   Further information

427   Grant of cabling licence

428   Time limit on licence decision

429   Notification of refusal of application

430   Cabling licence has effect subject to this Act

431   Duration of cabling licence

432   Conditions of cabling licence

433   Procedures for changing licence conditions

434   Offence in relation to contravening condition

435   Formal warnings--breach of condition

436   Surrender of cabling licence

437   Suspension of cabling licence

438   Cancellation of cabling licence

439   ACMA may limit application of Division in relation to customer cabling

440   Ministerial directions

441   Delegation

442   Register of cabling licences

Division   10--Remedies for unauthorised connections to telecommunications networks etc.

443   Civil action for unauthorised connections to telecommunications networks etc.

444   Remedy for contravention of labelling requirements

445   Remedies for connection of unlabelled customer equipment or unlabelled customer cabling

446   Disconnection of dangerous customer equipment or customer cabling

447   Disconnection of customer equipment or customer cabling--protection of the integrity of networks and facilities

448   Civil action for dangerous connections to telecommunications networks etc.

449   Other remedies not affected

Division   11--Prohibited customer equipment and prohibited customer cabling

450   Declaration of prohibited customer equipment or prohibited customer cabling

452   Operation of prohibited customer equipment or customer cabling

Division   12--Pre - commencement labels

453   Pre - commencement labels

Division   13--Penalties payable instead of prosecution

453A   Penalties payable instead of prosecution

Part   22--Numbering of carriage services and regulation of electronic addressing

Division   1--Simplified outline

454   Simplified outline

Division   2--Numbering of carriage services

Subdivision AA--Management by numbering scheme manager

454A   Minister may determine numbering scheme manager

454B   No property rights in numbers

454C   Numbering scheme principles

454D   Revocation of determination

454E   Directions to numbering scheme manager

454F   Numbering scheme manager providing information to the ACMA

454G   Directions to comply with rules

454H   Numbering scheme documents are not legislative instruments

Subdivision A--Management by the ACMA

455A   Application

455   Numbering plan

456   Numbering plan--supply to the public

457   Numbering plan--allocation otherwise than in accordance with an allocation system

458   Numbering plan--rules about portability of allocated numbers

459   ACMA to administer numbering plan

459A   Delegation

460   Consultation about numbering plan

461   Consultation with ACCC

461A   Making numbering plan in cases of urgency

462   Compliance with the numbering plan

Subdivision B--Allocation system for numbers

463A   Numbering scheme manager

463   Allocation system for numbers

464   Consultation about an allocation system

Subdivision C--Miscellaneous

465   Register of allocated numbers

466   Emergency service numbers

468   Collection of numbering charges

469   Collection of charges on behalf of the Commonwealth

470   Cancellation of certain exemptions from charge

471   Commonwealth not liable to charge

472   Integrated public number database

473   Letters and symbols taken to be numbers

Division   3--Regulation of electronic addressing

474   Declared manager of electronic addressing

475   ACMA may give directions to declared manager of electronic addressing

476   ACCC may give directions to declared manager of electronic addressing

477   ACCC's directions to prevail over the ACMA's directions

Part   23--Standard agreements for the supply of carriage services

478   Simplified outline

479   Standard terms and conditions apply unless excluded

482   Concurrent operation of State/Territory laws

483   Competition and Consumer Act not affected by this Part

Part   24--Carriers' powers and immunities

484   Schedule   3

Part   24A--Submarine cables

484A   Schedule   3A

Part   25--Public inquiries

Division   1--Simplified outline

485   Simplified outline

Division   2--Inquiries by the ACMA

486   When inquiry must be held

487   When inquiry may be held

488   Informing the public about an inquiry

489   Discussion paper

490   Written submissions and protection from civil actions

491   Hearings

492   Hearing to be in public except in exceptional cases

493   Confidential material not to be published

494   Direction about private hearings

495   Reports on inquiries

Division   3--Inquiries by the ACCC

496   When inquiry must be held

497   When inquiry may be held

498   Informing the public about an inquiry

499   Discussion paper

500   Written submissions and protection from civil actions

501   Hearings

502   Hearing to be in public except in exceptional cases

503   Confidential material not to be published

504   Direction about private hearings

505   Reports on inquiries

505A   ACCC may use material presented to a previous public inquiry

505B   ACCC may adopt a finding from a previous public inquiry

506   ACCC's other powers not limited

Part   26--Investigations

507   Simplified outline

508   Matters to which this Part applies

509   Complaints to the ACMA

510   Investigations by the ACMA

511   Preliminary inquiries

512   Conduct of investigations

513   Complainant and certain other persons to be informed of various matters

514   Reference of matters to Ombudsman or other responsible person

515   Reference of matters to the ACCC

515A   Reference of matters to Information Commissioner

516   Reports on investigations

517   Publication of reports

518   Person adversely affected by report to be given opportunity to comment

519   Protection from civil actions

Part   27--The ACMA's information - gathering powers

Division   1--Simplified outline

520   Simplified outline

Division   2--Information - gathering powers

521   The ACMA may obtain information and documents from carriers and service providers

522   The ACMA may obtain information and documents from other persons

523   Copying documents--reasonable compensation

524   Self - incrimination

525   Giving false or misleading information or evidence

527   Copies of documents

528   ACMA may retain documents

Division   3--Record - keeping rules

529   ACMA may make record - keeping rules

530   Compliance with record - keeping rules

531   Incorrect records

Part   28--Enforcement

Division   1--Introduction

532   Simplified outline

532A   References to the Spam Act 2003

Division   2--Inspectors and identity cards

533   Inspectors

534   Identity cards

Division   3--Search warrants relating to breaches of the Spam Act 2003 or Part   21 of this Act

535   Magistrate may issue warrant

536   Reasonable grounds for issuing warrant etc.

537   Contents of warrant

538   Warrants may be issued by telephone etc.

539   Provisions relating to issue of warrant by telephone etc.

540   Proceedings involving warrant issued by telephone etc.

Division   4--Searches and seizures relating to breaches of the Spam Act 2003 or Part   21 of this Act

541   When is a thing connected with an offence?

541A   When is a thing connected with a breach of the Spam Act 2003 ?

542   Searches and seizures

543   Production of identity card etc.

544   Evidence of commission of other offences against Part   21 of this Act or other breaches of the Spam Act 2003

545   Emergency entry, search and seizure

546   Retention of things seized

Division   5--Searches to monitor compliance with Part   21

547   Searches to monitor compliance with Part   21

Division   5A--Searches to monitor compliance with the Spam Act 2003

547A   Powers available to inspectors for monitoring compliance

547B   Monitoring powers

547C   Production of identity card etc.

547D   Monitoring warrants

547E   Details of warrant to be given to occupier etc.

547F   Announcement before entry

547G   Compensation for damage to equipment

547H   Occupier entitled to be present during search

Division   5B--Access to computer data that is relevant to the Spam Act 2003

547J   Access to computer data that is relevant to the Spam Act 2003

Division   6--Other powers of inspectors

548   General powers of inspectors

549   Power to require information etc.

550   Retention of documents

Division   7--Forfeiture

551   Court may order forfeiture

552   Forfeited goods may be sold

Division   8--Future offences

553   Offences that are going to be committed

Part   29--Review of decisions

554   Simplified outline

555   Decisions that may be subject to reconsideration by the ACMA

556   Deadlines for reaching certain decisions

557   Statements to accompany notification of decisions

558   Applications for reconsideration of decisions

559   Reconsideration by the ACMA

560   Deadlines for reconsiderations

561   Statements to accompany notification of decisions on reconsideration

562   Review by the Administrative Appeals Tribunal

Part   30--Injunctions

563   Simplified outline

564   Injunctions

565   Interim injunctions

566   Discharge etc. of injunctions

567   Certain limits on granting injunctions not to apply

568   Other powers of the court unaffected

Part   31--Civil penalties

569   Simplified outline

570   Pecuniary penalties for contravention of civil penalty provisions

571   Civil action for recovery of pecuniary penalties

572   Criminal proceedings not to be brought for contravention of civil penalty provisions

Part   31A--Enforceable undertakings

572A   Simplified outline

572B   Acceptance of undertakings

572C   Enforcement of undertakings

Part   31B--Infringement notices for contraventions of civil penalty provisions

572D   Simplified outline

572E   When an infringement notice can be given

572F   Matters to be included in an infringement notice

572G   Amount of penalty

572H   Withdrawal of an infringement notice

572J   What happens if the penalty is paid

572K   Effect of this Part on civil proceedings

572L   Appointment of authorised infringement notice officer

572M   Guidelines relating to infringement notices

572N   Regulations

Part   32--Vicarious liability

573   Simplified outline

574   Proceedings under this Act

574A   Definition

575   Liability of corporations

576   Liability of persons other than corporations

Part   33--Voluntary undertakings originally given by Telstra

Division   1--Introduction

577   Simplified outline

Division   2--Structural separation

Subdivision A--Undertaking about structural separation

577A   Acceptance of undertaking about structural separation

577AA   Acceptance of undertaking about structural separation may be subject to the occurrence of events

577AB   When undertaking about structural separation comes into force

577AC   Publication requirements for undertaking about structural separation

577ACA   Repointing of undertaking about structural undertaking to certain designated Telstra successor companies

577ACB   Directions--facilitation of undertaking about structural separation

577AD   Compliance with undertaking about structural separation

577B   Variation of undertaking about structural separation

577BA   Authorised conduct--subsection   51(1) of the Competition and Consumer Act 2010

577BAA   Directions--facilitation of contract or agreement

Subdivision B--Migration plan

577BB   Migration plan principles

577BC   Migration plan

577BD   Approval of draft migration plan by the ACCC--plan given after undertaking about structural separation comes into force

577BDA   Approval of draft migration plan by the ACCC--plan given before undertaking about structural separation comes into force

577BDB   Approval of draft migration plan by the ACCC--plan given in compliance with a direction

577BDC   Approval of draft migration plan by the ACCC--plan given in response to a request

577BE   Effect of approval of draft migration plan

577BEA   Repointing of final migration plan to certain designated Telstra successor companies

577BEB   Directions--facilitation of final migration plan

577BF   Variation of final migration plan

Division   3--Hybrid fibre - coaxial networks

577C   Acceptance of undertaking about hybrid fibre - coaxial networks

577CA   Acceptance of undertaking about hybrid fibre - coaxial networks may be subject to the occurrence of events

577CB   When undertaking about hybrid fibre - coaxial networks comes into force

577CC   Publication requirements for undertaking about hybrid fibre - coaxial networks

577CD   Compliance with undertaking about hybrid fibre - coaxial networks

577D   Variation of undertaking about hybrid fibre - coaxial networks

Division   4--Subscription television broadcasting licences

577E   Acceptance of undertaking about subscription television broadcasting licences

577EA   Acceptance of undertaking about subscription television broadcasting licences may be subject to the occurrence of events

577EB   When undertaking about subscription television broadcasting licences comes into force

577EC   Publication requirements for undertaking about subscription television broadcasting licences

577ED   Compliance with undertaking about subscription television broadcasting licences

577F   Variation of undertaking about subscription television broadcasting licences

Division   5--Enforcement of undertakings

577FA   Enforcement of undertakings in force under section   577A

577G   Enforcement of undertakings in force under section   577C or 577E

Division   6--Limits on allocation of spectrum licences etc.

577GA   Excluded spectrum regime

577H   Designated part of the spectrum

577J   Limits on allocation of certain spectrum licences to Telstra

577K   Limits on use of certain spectrum licences by Telstra

577L   Limits on assignment of certain spectrum licences to Telstra etc.

Division   7--Other provisions

577M   Associate

577N   Control

577P   Control of a company

577Q   When Telstra or a designated Telstra successor company is in a position to exercise control of a network

Part   34--Special provisions relating to conventions and directions

579   Simplified outline

580   ACMA must have regard to conventions

581   Power to give directions to carriers and service providers

Part   34A--Telstra successor companies and designated Telstra successor companies

Division   1--Introduction

581A   Simplified outline of this Part

581B   Object of this Part

581C   Company

581D   Telecommunications law

581E   Prescribed telecommunications law

Division   2--Telstra successor company and designated Telstra successor company

581F   Telstra successor company

581G   Designated Telstra successor company

581H   Declarations--criteria

581J   Demerged Telstra company

581K   ACMA to maintain register of Telstra successor companies and designated Telstra successor companies etc.

Division   3--Transfer of business

581L   Telecommunications business

581M   Notification of transfer of telecommunications business

581MA   Notification of proposed transfer of prescribed business

Division   4--Transfer of assets

581N   Telecommunications asset

581P   Notification of transfer of telecommunications asset

581PA   Notification of proposed transfer of prescribed asset

581Q   Transfer of an asset

Division   5--Consultation relating to declarations

581R   Consultation relating to declarations

Division   6--Directions

581TA   Facilitation of compliance with a direction given by the ACMA

581TB   Facilitation of obligations imposed on a named designated Telstra successor company

Division   7--Transitional

581U   Transitional--references in legislation to Telstra Infraco Limited

Part   34B--Access to supplementary facilities and telecommunications transmission towers

Division   1--Introduction

581V   Simplified outline of this Part

581W   Carrier company group

581X   Eligible company

581XA   Deemed bodies corporate

Division   2--Access to supplementary facilities

581Y   Access to supplementary facilities

581Z   Terms and conditions of access

581ZA   Ministerial pricing determinations

Division   3--Access to telecommunications transmission towers

581ZB   Definitions

581ZBA   Telecommunications transmission tower

581ZC   Extended meaning of access

581ZD   Access to telecommunications transmission towers

581ZE   Terms and conditions of access

581ZF   Code relating to access

581ZG   This Division does not limit Division   2

Division   4--Review of corporate control percentage

581ZH   Review of corporate control percentage

Part   35--Miscellaneous

582   Simplified outline

583   Penalties for certain continuing offences

584   Procedure relating to certain continuing offences

585   Treatment of partnerships

586   Giving of documents to partnerships

587   Nomination of address for service of documents

588   Service of summons or process on foreign corporations--criminal proceedings

589   Instruments under this Act may provide for matters by reference to other instruments

590   Arbitration--acquisition of property

591   Compensation--constitutional safety net

592   Act not to affect performance of State or Territory functions

593   Funding of consumer representation, and of research, in relation to telecommunications

593A   Removal of Optus Networks' tax losses

594   Regulations