Government Telecommunications Act 2018

This Act is the Government Telecommunications Act 2018.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

Advisory Board means the Government Telecommunications Authority Advisory Board established by section 10.

alternative telecommunications network means a telecommunications network authorised under section 17.

authorised officer means an authorised officer appointed under section 43A.

Authority means the New South Wales Government Telecommunications Authority constituted by section 4.

corporate plan means the corporate plan for the Authority prepared under section 7.

emergency telecommunications network operator, or ETNO, means an emergency services organisation within the meaning of the State Emergency and Rescue Management Act 1989 that—

establishes or uses an alternative telecommunications network for operational communications, or

establishes a telecommunications network under section 42.

function includes a power, authority or duty, and exercise a function includes perform a duty.

government sector agency has the same meaning as in the Government Sector Employment Act 2013 and includes any public or local authority prescribed by the regulations.

Government telecommunications network means the telecommunications network owned or operated by the Authority to facilitate operational communications of government sector agencies, and includes the lines, equipment and other infrastructure used, or intended for use, in that network.

Managing Director means the person employed in the Public Service as the Managing Director of the Authority.

operational communications means communications to facilitate the exercise of functions by a government sector agency—

in connection with preventing, preparing for, responding to or recovering from, an emergency, public safety incident or other incident posing a risk of harm to any person or property (including training activities in relation to the exercise of those functions), and

in relation to the NSW Police Force—in connection with law enforcement and compliance,

but does not include communications of a kind prescribed by the regulations.

premises, for Part 5A—see section 34B.

property includes land.

Property and Infrastructure Management Strategy means the strategy approved by the Minister under section 8.

telecommunications network means a radiocommunications network or mobile broadband network.

tree, for Part 5A—see section 34B.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

There is constituted by this Act a body corporate with the corporate name of the New South Wales Government Telecommunications Authority.

The Authority may also be called the NSW Telco Authority and the use of that name has the same effect for all purposes as the use of its corporate name.

The Authority is a NSW Government agency.

The Authority is, in the exercise of its functions, subject to the control and direction of the Minister.

The Authority has the following functions—

to identify, develop and deliver upgrades and enhancements to the Government telecommunications network to improve operational communications for government sector agencies,

to develop policies, standards and guidelines for operational communications using telecommunications networks,

to facilitate, manage and administer applications on behalf of government sector agencies to the Australian Communications and Media Authority for, or in relation to, spectrum licences under the Radiocommunications Act 1992 of the Commonwealth and, at the request of an agency, to manage and hold spectrum licences on behalf of the agency,

to co-ordinate the provision of telecommunications services, being a functional area within the meaning of the State Emergency and Rescue Management Act 1989, as required in accordance with that Act,

Note—

A functional area, within the meaning of the State Emergency and Rescue Management Act 1989, means a category of services involved in the prevention of, preparation for, responses to or recovery from an emergency.

to acquire or dispose of infrastructure and other facilities for or in connection with the exercise of its functions,

to ensure the Government telecommunications network is utilised to the best commercial advantage,

to do anything supplementary or incidental to the exercise of its functions and, in particular, to the control, management and operation of the Government telecommunications network,

any other functions conferred or imposed on it by or under this Act or another Act.

Note—

The Authority has functions conferred or imposed under other provisions of this Act, including sections 15 (Authority to establish, maintain and operate Government telecommunications network) and 22 (Authority may enter into agreements for use of Government telecommunications network (other than government sector agencies)).

The Managing Director is responsible for managing and controlling the activities of the Authority, subject to its corporate plan and any directions of the Minister under this Act.

Any act, matter or thing done in the name of, or on behalf of, the Authority by the Managing Director is taken to have been done by the Authority.

The Authority is required to prepare and deliver to the Minister, at least 3 months before the beginning of each financial year, a draft corporate plan for the financial year.

The Authority must—

consider any comments on the draft corporate plan made by the Minister within 2 months after delivery of the plan to the Minister, and

deliver the completed corporate plan to the Minister before the beginning of the financial year concerned.

The corporate plan must specify—

the objectives of the activities of the Authority for the financial year concerned and for future financial years, and

the strategies, policies and budgets for achieving those objectives, and

targets and criteria for assessing the Authority’s performance.

The Authority is, as far as practicable, to exercise its functions in accordance with its corporate plan.

This section is subject to the requirements of any directions of the Minister.

The Authority is, at the request of the Minister, to prepare and submit for the Minister’s approval a strategy outlining the way in which the Authority is to manage infrastructure and property matters in connection with the exercise of its functions.

The Property and Infrastructure Management Strategy must, without limiting any other matter that may be required to be included by the Minister, make provision for or with respect to—

the way in which the Authority is to negotiate with government sector agencies and other persons in relation to the acquisition or use of, or access to, infrastructure and property by the Authority, and

the making of transfer orders under section 28.

The Authority must comply with the Property and Infrastructure Management Strategy as approved by the Minister.

The Authority may, with the approval of the Minister, amend or replace the Property and Infrastructure Management Strategy.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Authority to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff unless expressly authorised by legislation.

The New South Wales Government Telecommunications Authority Advisory Board is established.

The function of the Advisory Board is to advise the Authority and the Minister on any matter relating to the telecommunications requirements of government sector agencies and on any other matter relating to the functions of the Authority.

The Advisory Board is, at its first meeting, to create a charter with respect to the procedure of the Advisory Board.

The charter may, subject to this Act and the regulations, make provision for or with respect to the following—

the deputies for appointed members,

the procedure of the Advisory Board,

quorum for meetings,

the presiding member at meetings of the Advisory Board,

any other matter relating to the conduct of the business of the Advisory Board.