Exemption from State and Territory laws
63 Exemption from State and Territory laws
This clause applies to the installation of a submarine cable in accordance with a protection zone installation permit.
A carrier may install, or cause to be installed, a cable despite a law of a State or Territory about:
the assessment of the environmental effects of engaging in the activity; or
the protection of places or items of significance to Australia’s natural or cultural heritage; or
the powers and functions of a local government body; or
the supply of fuel or power, including the supply and distribution of extra‑low voltage power systems; or
a matter specified in the regulations.
Paragraph (2)(b) does not apply to a law in so far as the law provides for the protection of places or items of significance to the cultural heritage of Aboriginal persons or Torres Strait Islanders.
Paragraph 2(d) does not apply to a law in so far as the law deals with the supply of electricity at a voltage that exceeds that used for ordinary commercial or domestic requirements.
If subclause (2) entitles a person to engage in activities despite particular laws of a State or Territory, nothing in this clause affects the operation of any other law of a State or Territory, so far as that other law is capable of operating concurrently.
This clause does not affect the liability of a carrier to taxation under a law of a State or Territory.
This provision refers to the regulations (specified in the regulations
). Made under this Act:
- Submarine Cable (Perth Protection Zone) Declaration 2007 · Legislative Instrument · under cl 4(1) of sch 3A
- Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 · Legislative Instrument · under s 376(1)
- Telecommunications (Approving Body) Determination 2017 · Legislative Instrument · under s 410(1)
22 more instruments made under this Act are listed on the Act’s overview.
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