TELECOMMUNICATIONS ACT 1991
TELECOMMUNICATIONS ACT 1991
TABLE OF PROVISIONS
Long Title
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
