Telecommunications Act 1997

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:

• Carrier licences are subject to conditions.

• There are 2 types of 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:

• 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: