Commonwealth Consolidated ActsThe 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.
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