TELECOMMUNICATIONS ACT 1991
Table of Provisions
- 1 Short title
- 2 Commencement
- 3 General objects of Act
- 4 Effect of this Part
- 5 Definitions
- 6 End facilities
- 7 Boundary of a reserved line link
- 8 Facilities beyond the boundaries of a reserved line link
- 9 Facilities within the boundaries of a telecommunications network comprising a reserved line link
- 10 Other boundaries of a telecommunications network
- 11 Regulations may determine network boundaries
- 12 Basic rules
- 13 Properties
- 14 Combined areas
- 15 Principal user of a property
- 16 Eligible combined areas
- 17 Equipment etc. connected to network
- 18 Eligible services
- 19 What constitutes supply of an eligible service under a class licence
- 20 Meaning of customer equipment of same type
- 21 Inclusion of a service in a BCS tariff
- 22 Line links
- 23 Facilities ancillary to a line link
- 24 Reserved line links
- 25 Public mobile telecommunications service
- 26 Public access cordless telecommunications services
- 27 Different kinds of telecommunications services
- 28 When a carrier is in a position to dominate a market
- 29 Extraterritorial operation
- 30 Extension to external Territories
- 31 Extension to adjacent areas
- 32 Act binds the Crown
- 33 Act subject to Radiocommunications Act
- 34 AUSTEL
- 35 AUSTEL is body corporate etc.
- 36 General functions - overall responsibilities of AUSTEL
- 37 General functions - promotion of competition
- 38 General functions - protection of public interest and consumers
- 39 General functions - numbering
- 40 General functions - reports to Minister on competitive safeguards and carrier performance
- 41 General functions - licensing
- 42 General functions - technical regulation and setting of technical standards
- 43 General functions - administering universal service levy arrangements
- 44 Other functions
- 45 General powers
- 46 Power to give directions to carriers
- 47 AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences
- 48 General governmental obligations of AUSTEL
- 49 Minister may notify AUSTEL of general policies of Commonwealth Government
- 50 Minister may give directions to AUSTEL
- 51 AUSTEL not otherwise subject to government direction
- 52 Consultation
- 53 Advisory committees
- 54 Exercise of certain powers
- 55 Objects
- 56 Application for a licence
- 57 Decision on application
- 58 Revocation of licence
- 59 Application for transfer of licence
- 60 Decision on application
- 61 Minister may delegate certain powers
- 62 Conditions to which a licence is subject
- 63 Conditions about certain matters
- 64 Declaration of conditions of licences in a class
- 65 Declaration of conditions of particular licences
- 66 Notification and date of effect of instruments under sections 64 and 65
- 67 Carrier consent required for change in licence period
- 68 Minister to consult with carriers before changing licence conditions
- 69 Reports by AUSTEL on proposed instruments about licence conditions
- 70 Agreement with carrier about licences
- 71 Prescribed carrier obligations
- 72 Prescribed carrier obligation about untimed calls
- 73 Continued access to untimed calls made using the standard telephone service
- 74 Signatory must give effect to policies of Commonwealth Government
- 75 Minister may notify carriers about conventions
- 76 Carriers to comply with relevant conventions and foreign laws
- 77 Minister may determine Code of Practice relating to dealings with international telecommunications operators
- 78 Code of Practice binding on carriers
- 79 Enforcement of Code of Practice
- 80 Preparation of chart of accounts and cost allocation manual
- 81 When chart or manual binds carrier
- 82 AUSTEL may modify chart or manual as binding on a particular carrier
- 83 Carrier to keep books and records in accordance with chart and manual
- 84 Individual services to be priced and charged for separately
- 85 AUSTEL may give directions about accounting and charging requirements
- 86 AUSTEL may, for the purposes of this Part, inspect carrier's books and records
- 87 Compliance with other laws
- 88 Carriers' employees etc. not to disclose or use contents of communications etc.
- 89 Declarations
- 90 Reserved line links
- 91 Facilities ancillary to reserved line links
- 92 Supply of telecommunications services by satellite-based facilities
- 93 Provision of public payphones
- 94 Supply of public mobile telecommunications services
- 95 Action to enforce this Part
- 96 Acts done on behalf of a carrier
- 97 Interpretation
- 98 Line links used by transport authorities
- 99 Line links used by broadcasters
- 100 Line links authorised by or under previous laws
- 101 Defence line links
- 102 Restriction on use or disposal of certain reserved line links
- 103 Supply by satellite of international service to operator of licensed earth station
- 104 Satellite services for defence purposes
- 105 This Division not limited by Division 3, 4 or 5
- 106 Minister may direct AUSTEL in the use of its powers under this Division
- 107 AUSTEL to comply with Ministerial directions
- 108 AUSTEL may authorise use of certain facilities
- 109 Terms and conditions of authorisation
- 110 How long authorisation has effect
- 111 Dealing with line link after authorisation ceases
- 112 Variation of authorisations
- 113 Revocation
- 114 Effect of authorisation
- 115 Reconsideration of decisions
- 116 Regulations may exempt carriers from State and Territory laws
- 117 National Code about carriers' exempt activities
- 118 National Code binding on carriers
- 119 AUSTEL may give directions about complying with National Code
- 120 State and Territory laws that discriminate against carriers
- 121 AUSTEL may limit carriers' tort liability in respect of supplying basic carriage services
- 122 Effect of limitation determined by AUSTEL
- 123 Ownership of telecommunications facilities
- 124 Declaration of policy
- 125 Carrier may request AUSTEL to give directions about a prescribed arrangement
- 126 When AUSTEL may give directions
- 127 Enforcement of directions against persons other than carriers
- 128 Power to inspect land etc.
- 129 Powers relating to installation of facilities etc.
- 130 Trees may be cut etc.
- 131 A general carrier may replace, repair and maintain facilities etc.
- 132 Subdivider to pay for necessary alterations
- 133 Power extends to carrier's employees etc.
- 134 Carrier to do as little damage as practicable etc.
- 135 Service of notices
- 136 Objects
- 137 Right to interconnection and related carriage
- 138 Supplementary access conditions of licences
- 139 AUSTEL's role in negotiations for access agreements
- 140 Minister may determine principles to govern charging for access
- 141 Access agreements must comply with charging principles
- 142 Access agreements must be varied when charging principles change
- 143 AUSTEL may advise carriers when to vary access agreements
- 144 AUSTEL to keep register
- 145 Effect of registration
- 146 Application for registration
- 147 Request for material to be put in the confidential part of the register
- 148 Decision on request
- 149 Effect of direction to include material in the confidential part
- 150 Agreement not to be registered pending determination of request; effect of refusal
- 151 Deregistration of agreements
- 152 Certificate of registration under this Division
- 153 Application of Division in relation to variation of access agreement
- 154 Arbitration by AUSTEL of terms of access
- 155 AUSTEL may extend time for giving its determination
- 156 Determination under section 154 taken to be an access agreement
- 157 Arbitration where carriers cannot agree on variation of access agreement
- 158 Determination supersedes previous agreements and determinations
- 159 AUSTEL's way of operating
- 160 Constitution of AUSTEL for conduct of arbitration
- 161 Presiding member
- 162 Reconstitution of AUSTEL
- 163 Determination of questions
- 164 Previous activities as member of AUSTEL do not disqualify a member from participating in an arbitration
- 165 Arbitration to be conducted in private unless the parties agree otherwise
- 166 Steps to be taken in the arbitration
- 167 Party may request AUSTEL to treat material as confidential
- 168 AUSTEL may set up advisory panel
- 169 Public inquiry about matter involved in arbitration
- 170 The end of the arbitration
- 171 Carriers must help AUSTEL conduct arbitration
- 172 AUSTEL's arbitration jurisdiction is exclusive
- 173 Declarations
- 174 Basic carriage services
- 175 Functions necessary for basic communications carriage
- 176 AUSTEL may give opinions about what is a basic carriage service
- 177 Public register of AUSTEL opinions
- 178 AUSTEL opinions are advisory only
- 179 AUSTEL may inquire into the unbundling of a basic carriage service
- 180 Request to AUSTEL to hold unbundling inquiry
- 181 Direction to carrier following inquiry
- 182 How carrier must comply with direction
- 183 Dominant carrier not to discriminate between acquirers of telecommunications services
- 184 Carrier not to discriminate against resuppliers or their customers
- 185 Exceptions
- 186 Action for discrimination
- 187 Dominant carrier not to favour itself when using its own basic carriage services to supply certain services
- 188 In other cases, carrier may favour itself when using its own basic carriage service to supply a service
- 189 Direction to carrier to make available information about its supply of basic carriage services
- 190 Tariff of basic carriage services
- 191 AUSTEL may disallow non-complying tariff
- 192 Variation and revocation of BCS tariff
- 193 AUSTEL may disallow variation that is contrary to section 192
- 194 Basic carriage service must be tariffed if supplied to the public
- 195 Dominant carrier may not use untariffed basic carriage services in supplying higher level services
- 196 When carrier may restrict use of tariffed basic carriage service to use in supplying specified higher level services
- 197 Dominant carrier must charge in accordance with its BCS tariff
- 198 Non-dominant carrier must not exceed charges in its BCS tariff
- 199 Effect of sections 197 and 198
- 200 Terms and conditions in BCS tariff apply unless excluded
- 201 BCS tariffs to be publicly available
- 202 Supply of basic carriage service under registered access agreement
- 203 Objects
- 204 Minister may give directions to AUSTEL
- 205 Directions to have general application only
- 206 Directions not to affect pre-existing rights to supply services
- 207 Carrier may ask Minister to give direction about use of interconnected radcom facilities
- 208 Minister to consult carriers before varying or revoking a direction
- 209 Issuing of class licences
- 210 Consultation with carriers on proposed class licences
- 211 Variation of class licences
- 212 Consultation with carriers on proposed variations of class licences
- 213 Publication of proposed restrictive variations of class licences
- 214 Applications for variation of class licences
- 215 Carriers to be consulted on proposed variations
- 216 Carriers may make representations on proposed variations
- 217 Variation of class licences
- 218 Deemed refusal of applications etc.
- 219 Notice of right to seek reconsideration
- 220 Reconsideration of decisions
- 221 Register of eligible services
- 222 Registration of eligible services
- 223 Deemed refusal of application for registration
- 224 Reconsideration of refusals of applications for registration
- 225 Class licence conditions requiring suppliers to enrol
- 226 Roll of suppliers
- 227 Enrolment of suppliers
- 228 Declarations that services are unlicensed
- 229 Declarations in respect of registered eligible services
- 230 Reconsideration of declarations
- 231 Effect of declarations
- 232 Registration of unlicensed services
- 233 Connection etc. of unlicensed services
- 234 Carriers must connect eligible services
- 235 Action for failure to connect eligible services
- 236 Certain acts done under this Act do not breach Part IV of the Trade Practices Act
- 237 Carrier may refuse to supply basic carriage service not included in its BCS tariff
- 238 This Division does not limit other Trade Practices Act exceptions
- 239 National numbering plan
- 240 Matters affecting national numbering plan
- 241 Services to be provided in accordance with national numbering plan
- 242 Allocation of numbers
- 243 Objects
- 244 Determination of technical standards
- 245 Carriers to comply with network standards
- 246 Determination of technical standards
- 247 Publication etc. of proposed technical standards
- 248 Emergency determination of technical standards
- 249 Adoption of technical standards
- 250 Minister may give directions to AUSTEL
- 251 Directions to have general application only
- 252 Inconsistency with technical standards
- 253 Connection of customer equipment for which there is no permit
- 254 Disconnection of customer equipment for which there is no permit
- 255 Sale of customer equipment for which there is no permit
- 256 Register of customer equipment
- 257 Applications for permits
- 258 Issue of permits
- 259 Deemed refusal of permits
- 260 Variation of permits
- 261 Applications for variation of permits
- 262 Representations concerning variation of permits
- 263 Cancellation of permits
- 264 Representations concerning cancellation of permits
- 265 Transfer of permits
- 266 Accreditation etc. of test houses
- 267 AUSTEL may limit application of Division in relation to customer equipment
- 268 Performance of cabling work without licence etc.
- 269 Register of cabling licences
- 270 Applications for cabling licences
- 271 Issue of cabling licences
- 272 Deemed refusal of cabling licences
- 273 Variation of cabling licences
- 274 Applications for variation of cabling licences
- 275 Representations concerning variation of cabling licences
- 276 Cancellation of cabling licences
- 277 Representations concerning cancellation of cabling licence
- 278 Surrender of cabling licences
- 279 Delegation of licensing
- 280 AUSTEL may limit application of Division in relation to customer cabling
- 281 Disconnection etc. of customer equipment or customer cabling
- 282 Directions to pay compensation
- 283 Action for unauthorised connection to telecommunications network of customer equipment or customer cabling
- 284 Reconsideration of decisions
- 285 Effect on operation of other laws
- 286 Evidence
- 287 Declarations of policy
- 288 Universal service obligation
- 289 Participating carriers
- 290 Minister may declare universal service carriers 291. Effect of declaration: meaning of ``universal service carrier''
- 292 Prescribed carrier obligation of universal service carrier
- 293 Universal service carrier must propose service areas for declaration as net cost areas
- 294 AUSTEL may declare net cost areas
- 295 Minister may give directions about declaring net cost areas
- 296 When a claim for a levy credit may be made
- 297 No levy payable unless at least one claim for a levy credit is made
- 298 AUSTEL to give other participating carriers copies of claims
- 299 When a claim for a levy credit must be made
- 300 Requirements with which a claim for a levy credit must comply
- 301 Net universal service cost of a carrier for a financial year
- 302 AUSTEL determinations about working out a carrier's net universal service cost
- 303 Application of determinations under section 302
- 304 Participating carrier must lodge return of timed traffic
- 305 Timed traffic of a carrier for a financial year
- 306 Timed traffic across networks operated by different carriers
- 307 AUSTEL may inquire into the correctness of a claim or return
- 308 AUSTEL to assess liabilities and entitlements
- 309 Period within which assessment must be made
- 310 Levy debit of a carrier for a financial year
- 311 Levy debit balance of a carrier for a financial year
- 312 Levy credit balance of a carrier for a financial year
- 313 Publication of assessment
- 314 Public may request information
- 315 Carrier may request information that is unavailable under section 314
- 316 How AUSTEL to comply with a request
- 317 When levy payable
- 318 Levy a debt due to the Commonwealth
- 319 Validity of assessment
- 320 Evidence of assessment
- 321 Onus of establishing incorrectness of assessment
- 322 Universal Service Fund
- 323 Payments into Fund
- 324 Purposes of Fund
- 325 Levy distribution to participating carrier
- 326 Levy not to be distributed until paid
- 327 When inquiry must be held
- 328 When inquiry may be held
- 329 Informing the public about an inquiry
- 330 Discussion paper
- 331 Written submissions; protection from civil actions
- 332 Public hearings
- 333 Matters AUSTEL may investigate
- 334 Complaints
- 335 Investigations
- 336 Preliminary inquiries
- 337 Conduct of investigations
- 338 Complainant and certain other persons to be informed of various matters
- 339 Reference of matters to Ombudsman
- 340 Reference of matters to Trade Practices Commission
- 341 Effect of investigation by Auditor-General
- 342 Reports on investigations
- 343 AUSTEL may direct carrier to remedy breach of licence condition
- 344 AUSTEL may direct carrier to fulfil prescribed carrier obligation
- 345 Protection from civil actions
- 346 Public register of information about investigations
- 347 Application
- 348 Enforcement of AUSTEL directions
- 349 Pecuniary penalties for contraventions of AUSTEL directions
- 350 Civil action for recovery of pecuniary penalties
- 351 Remedies may be pursued at the same time
- 352 Criminal proceedings not to be brought for contraventions of AUSTEL directions
- 353 Recovery of damages for contravention of section 344 direction
- 354 Application
- 355 Enforcement of licence condition
- 356 Pecuniary penalty for contravention of licence condition
- 357 Civil action for recovery of pecuniary penalties
- 358 Remedies may be pursued at the same time
- 359 Criminal proceedings not to be brought for contravention of licence condition
- 360 Appointment of inspectors
- 361 Identity cards
- 362 Searches to monitor compliance with Act etc.
- 363 Offence-related searches and seizures
- 364 Warrants may be granted by telephone
- 365 Power to require information etc.
- 366 Retention of books, records and documents
- 367 Membership
- 368 Appointment of members
- 369 Associate members
- 370 Qualification of members
- 371 Times and places of meetings
- 372 Notice of meetings
- 373 Presiding at meetings
- 374 Quorum
- 375 Voting at meetings
- 376 Conduct of meetings
- 377 Resolutions without meetings
- 378 Minutes
- 379 Disclosure of interests
- 380 Term of appointment
- 381 Age limit
- 382 Remuneration and allowances
- 383 Outside employment
- 384 Leave of absence
- 385 Resignation
- 386 Termination of appointment
- 387 Terms and conditions of appointment etc.
- 388 Acting appointments
- 389 Money of AUSTEL
- 390 Application and investment of money
- 391 Estimates
- 392 Limitation on contracts
- 393 Application of Division 3 of Part XI of the Audit Act
- 394 Liability to taxation
- 395 Federal Court powers relating to injunctions
- 396 Nature of unenforceability of agreements
- 397 Review of decisions
- 398 Statement to accompany notification of decision
- 399 AUSTEL to review and report to Minister on competitive safeguards and carrier performance
- 400 AUSTEL may obtain information and documents from carriers
- 401 AUSTEL may obtain information and documents from persons other than carriers
- 402 AUSTEL may waive fees
- 403 Staff
- 404 Consultants
- 405 Delegation
- 406 Regulations