TELECOMMUNICATIONS ACT 1997 - SECT 384 ACMA's power to make technical standards

TELECOMMUNICATIONS ACT 1997 - SECT 384

  (1)   The ACMA may, by legislative instrument, make a technical standard relating to the interconnection of facilities.

Note:   For enforcement of the standards, see sections   152AR and 152AXB of the Competition and Consumer Act 2010 .

  (2)   The ACMA must not make a standard under subsection   (1) unless the ACMA is directed to do so by the ACCC under subsection   (3).

  (3)   The ACCC may give written directions to the ACMA in relation to the exercise of the power to make standards under subsection   (1).

  (4)   The ACMA must exercise its powers under subsection   (1) in a manner consistent with any directions given by the ACCC under subsection   (3).

  (5)   The ACCC must not give a direction under subsection   (3) unless, in the ACCC's opinion, it is necessary to do so in order to:

  (a)   promote the long - term interests of end - users of carriage services or of services supplied by means of carriage services; or

  (b)   reduce or eliminate the likelihood of hindrance to the provision of access to declared services.

  (6)   A standard under subsection   (1) may be of general application or may be limited as provided in the standard. This subsection does not, by implication, limit subsection   33(3A) of the Acts Interpretation Act 1901 .

  (9)   In this section:

"declared service" has the same meaning as in Part   XIC of the Competition and Consumer Act 2010 .