Commonwealth Numbered Acts

TELECOMMUNICATIONS LEGISLATION AMENDMENT ACT 1997 NO. 200 OF 1997 - SCHEDULE 2--Other

Telecommunications Act 1997

1 Section 104

Add at the end:

* The ACA may be directed by the Minister to monitor, and report on, specified matters relating to the performance of carriers and carriage service providers.

Note: The heading to section 105 is amended by adding at the end " --annual report ".

Add:

SECT 105A Monitoring of performance--additional report (1) The ACA must monitor, and report to the Minister on, specified matters relating to the performance of carriers and carriage service providers in accordance with any written direction given by the Minister to the ACA.

(2) The ACA must give a report under subsection (1) to the Minister:

(a) if paragraph (b) does not apply--as soon as practicable after the end of a period specified in the direction; or

(b) if the direction requires the report to be given before a specified time--before that time.

Omit "or (ii)", substitute ", (ii) or (iii)".

4 Paragraphs 350(1)(b) and (2)(b)

Repeal the paragraphs.

5 After sections 406

Insert:

SECT 406A Application of Division to agent of manufacturer or importer For the purposes of this Act and to avoid doubt, a reference in this Division to a manufacturer or importer of customer equipment or customer cabling includes a reference to a person who is authorised in writing by such a manufacturer or importer to act in Australia as an agent of the manufacturer or importer (as the case may be) for the purposes of this Division.

6 Subsection 407(1)

Omit "manufactures or imports", substitute "is a manufacturer or importer of".

7 Paragraph 408(5)(d)

After "the manufacturer", insert "or importer".

8 Paragraph 413(1)(a)

Omit "has manufactured or imported", substitute "is a manufacturer or importer of".

9 Transitional provision--labelling requirements

(1) In this item:

ACA means the Australian Communications Authority.

section 407 instrument means an instrument made under section 407 of the Telecommunications Act.

Telecommunications Act means the Telecommunications Act 1997 .

transitional period means the period beginning when the first section 407 instrument came into force and ending immediately before the commencement of this item.

(2) For the purposes of the operation of the Telecommunications Act in relation to the transitional period, that Act, and any section 407 instrument in force during that period, have effect as if:

(a) a reference to a person who manufactures or imports customer equipment or customer cabling; or

(b) a reference to a manufacturer or importer of customer equipment or customer cabling;

10 Subsection 458(3)

Omit "(1)", substitute "(2)".

11 Clause 4 of Schedule 1

Add at the end:

(2) A carrier must at all times have a current industry development plan.

(3) For the purposes of subclause (2), a carrier has a current industry development plan if the carrier has given the plan to the Industry Minister and the Industry Minister has approved the plan.

12 Subclause 8(1) of Schedule 1

Omit "giving the Industry Minister an industry development plan, a", substitute "the Industry Minister has approved a carrier's industry development plan, the".

13 Subclause 9(1) of Schedule 1

Repeal the subclause, substitute:

(1) A carrier may vary an industry development plan if the carrier has given a copy of the proposed variation to the Industry Minister and the Industry Minister has approved it.

(1A) As soon as practicable after varying an industry development plan under subclause (1), a carrier must make a summary of the variation available to the public.

14 Clause 11 of Schedule 1

Repeal the clause, substitute:

SECT 11 Formulation of plan or variation--Commonwealth government policy about industry development (1) The Industry Minister may, by notice published in the Gazette , declare that a particular Commonwealth government policy (the declared policy ) is relevant in formulating an industry development plan or a variation of an industry development plan.

(2) The notice:

(a) may include the whole or a summary of the declared policy; and

(b) if the whole of the declared policy is not included in the notice--must state where and when a copy of the declared policy can be obtained.

(4) A carrier must have regard to the declared policy when formulating a variation of an industry development plan.

15 Paragraph 5(1)(b) of Schedule 3

Repeal the paragraph, substitute:

(b) do anything on the land that is necessary or desirable for that purpose, including, for example:

(i) making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil; and

(ii) felling and lopping trees and clearing and removing other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge; and

(v) altering the position of a water, sewerage or gas main or pipe; and

(vi) altering the position of an electricity cable or wire.

Repeal the paragraph, substitute:

(b) do anything on the entered land that is necessary or desirable for that purpose, including, for example:

(i) making surveys and taking levels; and

(ii) felling and lopping trees and clearing and removing other vegetation and undergrowth; and

(iii) closing, diverting or narrowing a road or bridge; and

(iv) installing a facility in, over or under a road or bridge; and

(v) altering the position of a water, sewerage or gas main or pipe; and

(vi) altering the position of an electricity cable or wire.

After "Division", insert "2 (which deals with inspection of land), 3 (which deals with installation of facilities) or".

18 After subclause 17(6)

Insert:

(6A) Subclause (1) does not apply if:

(a) the carrier intends to engage in an activity under Division 2, 3 or 4 in relation to the installation, proposed installation or maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is impracticable in the circumstances.

19 Subclause 18(1)

After "Division", insert "2,".

20 After subclause 18(3) of Schedule 3

Insert:

(3A) Subclauses (1) and (2) do not apply if:

(a) the carrier intends to engage in an activity under Division 2, 3 or 4 in relation to the installation, proposed installation or maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is impracticable in the circumstances.

21 Paragraph 18(4)(a) of Schedule 3

After "Division", insert "2 (which deals with inspection of land), 3 (which deals with installation of facilities) or".

22 After subclause 19(2) of Schedule 3

Insert:

(2A) Subclause (1) does not apply if:

(a) the carrier intends to engage in an activity under Division 2, 3 or 4 in relation to the installation, proposed installation or maintenance of a temporary defence facility; and

(b) the carrier considers that compliance with subclause (1) is impracticable in the circumstances.

23 Paragraph 19(3)(a) of Schedule 3

After "Division", insert "2 (which deals with inspection of land), 3 (which deals with installation of facilities) or".

24 Subclauses 27(1) and (2) of Schedule 3

Repeal the subclauses, substitute:

Criteria

(1) The ACA must not issue a facility installation permit that authorises a carrier to carry out the installation of one or more facilities unless the ACA is satisfied that:

(a) the telecommunications network to which the facilities relate is, or is likely to be, of national significance; and

(b) the facilities are, or are likely to be, an important part of the telecommunications network to which the facilities relate; and

(c) any of the following conditions is satisfied:

(i) the greater part of the infrastructure of the telecommunications network to which the facilities relate has already been installed;

(ii) the greater part of the infrastructure of the telecommunications network to which the facilities relate has not been installed but each administrative authority whose approval was required or would, apart from Division 3, be required, for the installation of the greater part of the infrastructure of the network has given, or is reasonably likely to give, such approval;

(iii) no part of the infrastructure of the telecommunications network to which the facilities relate has been installed, but each administrative authority whose approval was required or would, apart from Division 3, be required, for the installation of the greater part of the infrastructure of the network has given, or is reasonably likely to give, such an approval; and

(d) the advantages that are likely to be derived from the operation of the facilities in the context of the telecommunications network to which the facilities relate outweigh any form of degradation of the environment that is likely to result from the installation of the facilities; and

(e) in a case where none of the facilities consists of a designated overhead line--the conditions set out in subclause (2) are satisfied; and

(f) in a case where any of the facilities consists of a designated overhead line--all the conditions set out in subclause (2A) are satisfied.

(2) For the purposes of paragraph (1)(e), the following conditions are specified:

(a) the carrier has made reasonable efforts to negotiate in good faith with:

(i) each proprietor whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and

(ii) each administrative authority whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and

(b) one of the following subparagraphs applies:

(i) at least one approval that is referred to in subparagraph (a)(i) has not been obtained within 20 business days after the beginning of the negotiations concerned;

(ii) at least one approval that is referred to in subparagraph (a)(ii) has not been obtained within 6 months after the beginning of the negotiations concerned;

(iii) at least one approval that is referred to in paragraph (a) has been refused.

(2A) For the purposes of paragraph (1)(f), the following conditions are specified:

(a) the carrier has made reasonable efforts to negotiate in good faith with each proprietor whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and

(b) at least one of those approvals has not been obtained within 20 business days after the beginning of the negotiations concerned; and

(c) each administrative authority whose approval is required, or would, apart from Division 3, be required, for the installation of the line has given such an approval.

Omit "(d)", substitute "(a)".

26 Subclause 27(4)

Omit "(e)", substitute "(b)".

27 Subclause 27(5)

Omit "(g)", substitute "(d)".

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997

28 Subsection 40(4)

Insert:

eligible service has the same meaning as in section 152AL of the Trade Practices Act 1974 .

29 Item 15 of Schedule 3

Omit " 55(1)(a) ", substitute " 56(1)(a) ".

Trade Practices Act 1974

30 Paragraph 151AJ(5)(f)

Omit "49(9)(d)", substitute "47(9)(d)".

31 Paragraph 152AL(3)(b)

After "505", insert "of".

32 Subsection 152AM(5)

After "505", insert "of".

33 Paragraph 152AN(2)(a)

After "498", insert "of".

34 Paragraph 152CT(2)(d)

Omit "a another", substitute "another".

[ Minister's second reading speech made in--

Senate on 2 October 1997

House of Representatives on 19 November 1997 ]

(189/97)