TELECOMMUNICATIONS ACT 1997 - SECT 99 Service provider determinations

TELECOMMUNICATIONS ACT 1997 - SECT 99

  (1)   The ACMA may, by legislative instrument, make a determination setting out rules that apply to service providers in relation to the supply of either or both of the following:

  (a)   specified carriage services;

  (b)   specified content services.

The determination is called a service provider determination .

  (1A)   The Minister may, by legislative instrument, make a determination setting out rules that apply to carriage service providers in relation to the supply of specified carriage services. The determination is called a service provider determination .

  (2)   A service provider determination has effect only to the extent that:

  (a)   it is authorised by paragraph   51(v) of the Constitution (either alone or when read together with paragraph   51(xxxix) of the Constitution); or

  (b)   both:

  (i)   it is authorised by section   122 of the Constitution; and

  (ii)   it would have been authorised by paragraph   51(v) of the Constitution (either alone or when read together with paragraph   51(xxxix) of the Constitution) if section   51 of the Constitution extended to the Territories.

  (3)   The ACMA must not make a service provider determination unless the determination relates to a matter specified in the regulations or in section   346.

  (4)   Before making a service provider determination, the ACMA must consult the ACCC.

  (5)   A service provider determination may make provision for or in relation to a particular matter by empowering the ACMA to make decisions of an administrative character.

  (6)   A service provider determination under subsection   (1) has no effect to the extent to which it is inconsistent with a service provider determination under subsection   (1A).