TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 63 Conditions about certain matters

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 63

63. (1) Subject to subsection (3), a condition of a licence must not be
inconsistent with an Act, or regulations under an Act.

(2) A condition of a licence held by a carrier has effect subject to the
provisions of a licence under the Radiocommunications Act 1983 that is held by
the carrier.

(3) A condition of a licence held by a carrier may abrogate or restrict a
right or privilege that the carrier would otherwise have under a provision of
this Act or the regulations.

(4) A condition or conditions of any of the following kinds may be imposed
under section 64 or 65 on a licence:

   (a)  a condition that the licence ceases to be in effect at the end of a
        specified period or on the happening of a specified event;

   (b)  a condition that the holder of the licence must engage in specified
        activities or conduct, as provided in the condition;

   (c)  a condition that the holder must not supply specified
        telecommunications services except for carrying communications:

   (i)  within a specified geographical area; or

   (ii) between a specified geographical area and places outside that area;

   (d)  a condition that the holder must not engage in specified activities or
        conduct at all, or except as provided in the condition;

   (e)  a condition about what the holder must do in connection with
        developing the telecommunications industry in Australia;

   (f)  a condition about the extent of foreign ownership or control (whether
        direct or indirect) of the holder;

   (g)  a supplementary access condition (as defined by subsection 138 (1));

   (h)  a condition about how the holder is to ensure and maintain quality in
        connection with its supply of telecommunications services;

   (i)  a condition about how the holder is to deal with inquiries and
        complaints from the persons to whom it supplies
        telecommunications services;

   (j)  a condition about what the holder must do to maintain appropriate
        technical standards in its telecommunications activities;

   (k)  a condition that the holder must install and operate new
        telecommunications network infrastructure as provided in the
        condition;

   (l)  a condition that the holder must, in accordance with directions by
        AUSTEL, consult with Commonwealth, State and Territory law enforcement
        agencies about the holder's proposals to use new technology in its
        telecommunications activities or to develop new technology in order to
        so use it;

   (m)  a condition that the holder must, in accordance with directions by
        AUSTEL, give to officers and authorities of the Commonwealth and of
        the States and Territories such help as is reasonably necessary for
        any of the following purposes:

   (i)  enforcing the criminal law and laws imposing pecuniary penalties;

   (ii) protecting the public revenue;

   (iii) safeguarding national security;

   (n)  a condition that the holder must, as soon as practicable and in
        association with other carriers, enter into an Ombudsman scheme,
        providing for investigation and report to AUSTEL in relation to
        complaints by consumers about all matters relating to service, billing
        and the manner of charging for telecommunications services.

(5) A reference in paragraph (4) (b) or (d) to activities or conduct includes
a reference to activities or conduct having no direct or indirect connection
with supplying telecommunications services or operating
telecommunications networks.

(6) A licence that is subject to a condition of a kind referred to in
paragraph (4) (a) ceases to be in effect as provided by the condition.

(7) Nothing in this section limits the generality of anything else in it, or
of section 64 or 65.

(8) As soon as practicable after the day on which this Act receives the Royal
Assent, the Minister shall cause to be laid before each House of the
Parliament a copy of the form of a licence.