Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 5

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 Authority (ACA) 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 may develop industry codes.
. Industry codes may be registered by the ACA.
. Compliance with an industry code is voluntary unless the ACA directs a
particular participant in the telecommunications industry to comply with the
code.
. The ACA 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.
. A universal service regime is established. The main object of the universal
service regime is to ensure that all people in Australia, wherever they reside
or carry on business, should have reasonable access, on an equitable basis,
to:

   (a)  standard telephone services; and

   (b)  payphones; and

   (c)  prescribed carriage services.
. Certain local calls are to be charged for on an untimed basis.
. The ACA may make performance standards to be complied with by carriage
service providers in relation to customer service.
. Certain carriers and carriage service providers must enter into the
Telecommunications Industry Ombudsman scheme.
. Provision is made for the protection of residential customers of carriage
service providers against failure by the providers to supply standard
telephone services.
. The ACA may impose requirements on carriers, carriage service providers and
certain other persons in relation to emergency call services.
. Carriers and carriage service providers must protect the confidentiality of
communications.
. The ACA, carriers and carriage service providers must do their best to
prevent telecommunications networks and facilities from being used to commit
offences.
. A carrier or carriage service provider may be required to have an
interception capability.
. Carriers and carriage service providers must ensure that it is possible to
execute a warrant issued under the Telecommunications 
(Interception) 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 ACA may 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 ACA may regulate numbering by means of a numbering plan.
. Provision is made for standard agreements for the supply of carriage
services.
. The ACA and the ACCC may hold public inquiries about certain matters
relating to telecommunications.
. The ACA 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;

   (e)  the prohibition of false and misleading statements.