Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS ACT 1997 - SECT 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.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]