s 1Short title
This Act may be cited as the Telecommunications Act 1997.
This Act may be cited as the Telecommunications Act 1997.
The following provisions of this Act commence on the day on which this Act receives the Royal Assent:
this Part;
Part 2;
Divisions 2, 3 and 4 of Part 4;
Division 3 of Part 25;
section 589;
section 594.
Sections 52 to 55 (inclusive) commence on 5 June 1997.
The remaining provisions of this Act commence on 1 July 1997.
The main object of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, is to provide a regulatory framework that promotes:
the long‑term interests of end‑users of carriage services or of services provided by means of carriage services; and
the efficiency and international competitiveness of the Australian telecommunications industry; and
the availability of accessible and affordable carriage services that enhance the welfare of Australians.
The other objects of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, are as follows:
to ensure that standard telephone services and payphones are:
reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
are supplied as efficiently and economically as practicable; and
are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community;
to promote the supply of diverse and innovative carriage services and content services;
to promote the development of an Australian telecommunications industry that is efficient, competitive and responsive to the needs of the Australian community;
to promote the effective participation by all sectors of the Australian telecommunications industry in markets (whether in Australia or elsewhere);
to promote:
the development of the technical capabilities and skills of the Australian telecommunications industry; and
the development of the value‑adding and export‑oriented activities of the Australian telecommunications industry; and
research and development that contributes to the growth of the Australian telecommunications industry;
to promote the equitable distribution of benefits from improvements in the efficiency and effectiveness of:
the provision of telecommunications networks and facilities; and
the supply of carriage services;
to provide appropriate community safeguards in relation to telecommunications activities and to regulate adequately participants in sections of the Australian telecommunications industry;
to promote the placement of lines underground, taking into account economic and technical issues, where placing such lines underground is supported by the affected community;
to promote responsible practices in relation to the sending of commercial electronic messages;
to promote responsible practices in relation to the making of telemarketing calls;
to promote responsible practices in relation to the sending of marketing faxes.
The Parliament intends that telecommunications be regulated in a manner that:
promotes the greatest practicable use of industry self‑regulation; and
does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry;
but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 3.
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 single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;
multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;
a designated radiocommunications facility;
a facility specified in a Ministerial determination.
• Carrier licences are subject to conditions.
• There are 2 types of service provider:
a carriage service provider;
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 and Media Authority (ACMA) 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, the telemarketing industry or the fax marketing industry may develop industry codes.
• Industry codes may be registered by the ACMA.
• Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the telemarketing industry or the fax marketing industry to comply with the code.
• The ACMA 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.
• Carriers and carriage service providers must protect the confidentiality of communications.
• The ACMA, carriers and carriage service providers must prevent, so far as it is reasonably practicable to do so, telecommunications networks and facilities from being used to commit offences.
• Carriers and carriage service providers must ensure that it is possible to execute a warrant issued under the Telecommunications (Interception and Access) 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:
planning for network survivability; or
operational requirements in times of crisis.
• The ACMA may require certain carriers and carriage service providers to provide pre‑selection in favour of carriage service providers in relation to calls made using a standard telephone service.
• The ACMA must require certain carriers and carriage service providers to provide pre‑selection in favour of carriage service providers in relation to calls made using a declared carriage service.
• 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.
• Numbering may be administered by a numbering scheme manager or by the ACMA.
• Provision is made for standard agreements for the supply of carriage services.
• The ACMA must ensure that the SMS Sender ID Register is established and maintained.
• The ACMA and the ACCC may hold public inquiries about certain matters relating to telecommunications.
• The ACMA 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:
information‑gathering powers;
powers of search, entry and seizure;
review of decisions;
injunctions.
The following is a main index to this Act:
Main Index | |||
|---|---|---|---|
Item | Topic | Provisions | |
2 | Calling line identification | Part 18 | |
3 | Carriers’ powers and immunities | Part 24, Schedule 3 | |
4 | Carrier licence conditions | Part 3, Schedule 1 | |
5 | Carriers | Part 3 | |
6 | Communications, protection of | Part 13 | |
8 | Decisions, review of | Part 29, Schedule 4 | |
9 | Defence requirements and disaster plans | Part 16 | |
10 | Enforceable undertakings | Part 31A | |
11 | Enforcement | Part 28 | |
12 | Industry codes and industry standards | Part 6 | |
13 | Information‑gathering powers | Part 27 | |
14 | Injunctions | Part 30 | |
15 | Inquiries, public | Part 25 | |
16 | International aspects | Part 20 | |
17 | Investigations | Part 26 | |
19 | Liability, vicarious | Part 32 | |
21 | National interest matters | Part 14 | |
22 | Network units | Part 2 | |
23 | Numbering and electronic addressing | Part 22 | |
24 | Penalties, civil | Part 31 | |
25 | Performance of carriers and carriage service providers, monitoring of | Part 5 | |
26 | Pre‑selection | Part 17 | |
28 | Service provider rules | Part 4, Schedule 2 | |
29 | Service providers | Part 4 | |
29A | SMS Sender ID Register | Part 24B | |
30 | Standard agreements for the supply of carriage services | Part 23 | |
32 | Technical regulation | Part 21 | |
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
The protection in subsection (2) does not apply to an authority of the Crown.
This Act applies both within and outside Australia.
This Act extends to:
the Territory of Christmas Island; and
the Territory of Cocos (Keeling) Islands; and
such other external Territories (if any) as are prescribed.
The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.
This Act applies in relation to the offshore areas of:
each of the States; and
each of the eligible Territories;
as if references in this Act to Australia included references to those offshore areas. This subsection has effect subject to subsection (2).
The application of this Act in accordance with subsection (1) in relation to an offshore area extends only in relation to acts, matters and things touching, concerning, arising out of or connected with:
the exploration of the continental shelf of Australia; or
the exploitation of the resources of the continental shelf of Australia.
The application of this Act in accordance with subsection (1) in relation to an offshore area extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the offshore area for a reason touching, concerning, arising out of or connected with:
the exploration of the continental shelf of Australia; or
the exploitation of the resources of the continental shelf of Australia.
Subsection (3) does not, by implication, limit subsection (2).
In this section:
offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act has effect subject to the Radiocommunications Act 1992.
However, to avoid doubt, the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.
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