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This is a Bill, not an Act. For current law, see the Acts databases.
TELECOMMUNICATIONS AND OTHER LEGISLATION AMENDMENT (PROTECTION OF SUBMARINE CABLES AND OTHER MEASURES) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications and Other
Legislation Amendment (Protection of
Submarine Cables and Other Measures)
Bill 2005
No. , 2005
(Communications, Information Technology and the Arts)
A Bill for an Act to provide for the protection of
submarine cables, and for other purposes
i Telecommunications and Other Legislation Amendment (Protection of Submarine Cables
and Other Measures) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Protection of submarine cables
3
Part 1--Amendments to protect submarine cables
3
Submarine Cables and Pipelines Protection Act 1963
3
Telecommunications Act 1997
3
Part 2--Amendments required if the Australian
Communications and Media Authority Act 2005
commences before this Act
44
Telecommunications Act 1997
44
Schedule 2--Other measures
53
Telecommunications Act 1997
53
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 1
A Bill for an Act to provide for the protection of
1
submarine cables, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telecommunications and Other
5
Legislation Amendment (Protection of Submarine Cables and
6
Other Measures) Act 2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Telecommunications and Other Legislation Amendment (Protection of Submarine Cables
and Other Measures) Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
Part 1
The 28th day after the day on which this Act
receives the Royal Assent.
3. Schedule 1,
Part 2
Immediately after the commencement of the
provisions in Part 1 of Schedule 1 to this
Act.
However, if Part 1 of Schedule 1 to this Act
commences before section 6 of the
Australian Communications and Media
Authority Act 2005, the provision(s) do not
commence at all.
4. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 3
1
Schedule 1--Protection of submarine cables
2
Part 1--Amendments to protect submarine cables
3
Submarine Cables and Pipelines Protection Act 1963
4
1 Subsection 5(1)
5
Repeal the subsection, substitute:
6
(1) This Act applies only to a submarine cable or pipeline, or that part
7
of a submarine cable or pipeline:
8
(a) that is beneath the high seas or in the exclusive economic
9
zone; and
10
(b) that is not a submarine cable (within the meaning of
11
Schedule 3A to the Telecommunications Act 1997) in a
12
protection zone (within the meaning of that Schedule).
13
Telecommunications Act 1997
14
2 After Part 24
15
Insert:
16
Part 24A--Submarine cables
17
18
484A Schedule 3A
19
Schedule 3A has effect.
20
3 Clause 2 of Schedule 3 (at the end of the definition of land)
21
Add "(but does not include submerged land that is beneath Australian
22
waters within the meaning of Schedule 3A)".
23
4 After subclause 6(4) of Schedule 3
24
Insert:
25
(4A) A submarine cable (within the meaning of Schedule 3A) must not
26
be specified in an instrument under subclause (3).
27
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
4 Telecommunications and Other Legislation Amendment (Protection of Submarine Cables
and Other Measures) Bill 2005 No. , 2005
5 At the end of subclause 15(1) of Schedule 3
1
Add "or by Part 3 of Schedule 3A".
2
6 After Schedule 3
3
Insert:
4
Schedule 3A--Protection of submarine cables
5
Note:
See section 484A.
6
Part 1--Preliminary
7
8
1 Simplified outline
9
The following is a simplified outline of this Schedule:
10
·
The ACA may declare protection zones in relation to
11
submarine cables. In a protection zone, certain activities are
12
prohibited and restrictions may be imposed on other activities.
13
·
A carrier who intends to install a submarine cable in
14
Australian waters must apply for a permit to do so from the
15
ACA.
16
2 Definitions
17
(1) In this Schedule, unless the contrary intention appears:
18
Aboriginal person means a person of the Aboriginal race of
19
Australia.
20
advisory committee means an advisory committee established
21
under section 51 of the Australian Communications Authority Act
22
1997.
23
Australia, when used in a geographical sense, includes all of the
24
external Territories.
25
Note:
Australia has a different meaning in this Schedule from the meaning it
26
has elsewhere in this Act.
27
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 5
Australian waters means:
1
(a) the waters of the territorial sea (within the meaning of the
2
Seas and Submerged Lands Act 1973) of Australia; and
3
(b) the waters of the exclusive economic zone of Australia; and
4
(c) the sea above that part of the continental shelf of Australia
5
that is beyond the limits of the exclusive economic zone.
6
Note:
Australia, when used in this definition, includes all of the external
7
territories.
8
cetacean has the same meaning as in the Environment Protection
9
and Biodiversity Conservation Act 1999.
10
coastal waters:
11
(a) of a State, means that part of the sea that is included in the
12
coastal waters of the State within the meaning of the Coastal
13
Waters (State Powers) Act 1980; and
14
(b) of the Northern Territory, means that part of the sea that is
15
included in the coastal waters of the Territory within the
16
meaning of the Coastal Waters (Northern Territory Powers)
17
Act 1980.
18
Commonwealth marine area has the same meaning as in the
19
Environment Protection and Biodiversity Conservation Act 1999.
20
conduct means an act, an omission to perform an act or a state of
21
affairs.
22
continental shelf has the same meaning as in the Seas and
23
Submerged Lands Act 1973.
24
declared Ramsar wetland has the same meaning as in the
25
Environment Protection and Biodiversity Conservation Act 1999.
26
declared World Heritage property has the same meaning as in the
27
Environment Protection and Biodiversity Conservation Act 1999.
28
ecological character has the same meaning as in the Environment
29
Protection and Biodiversity Conservation Act 1999.
30
ecological community has the same meaning as in the
31
Environment Protection and Biodiversity Conservation Act 1999.
32
engage in conduct means to do an act or omit to do an act.
33
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
6 Telecommunications and Other Legislation Amendment (Protection of Submarine Cables
and Other Measures) Bill 2005 No. , 2005
environment has the same meaning as in the Environment
1
Protection and Biodiversity Conservation Act 1999.
2
Environment Secretary means the Secretary of the Department
3
administered by the Minister who is for the time being responsible
4
for administering the Environment Protection and Biodiversity
5
Conservation Act 1999.
6
exclusive economic zone has the same meaning as in the Seas and
7
Submerged Lands Act 1973.
8
installation, in relation to a submarine cable, includes:
9
(a) the laying of the cable on or beneath the seabed; and
10
(b) the attachment of the cable to any other cable or thing; and
11
(c) any activity that is ancillary or incidental to the installation of
12
the cable (for this purpose, installation includes an activity
13
covered by paragraph (a) or (b)).
14
international agreement means:
15
(a) a convention to which Australia is a party; or
16
(b) an agreement or arrangement between Australia and a foreign
17
country;
18
and includes, for example, an agreement, arrangement or
19
understanding between a Minister and an official or authority of a
20
foreign country.
21
listed international agreement means any of the following:
22
(a) an agreement that is a listed international agreement for the
23
purposes of Schedule 3;
24
(b) an international agreement specified in regulations made for
25
the purposes of this definition.
26
listed marine species has the same meaning as in the Environment
27
Protection and Biodiversity Conservation Act 1999.
28
listed migratory species has the same meaning as in the
29
Environment Protection and Biodiversity Conservation Act 1999.
30
listed threatened species has the same meaning as in the
31
Environment Protection and Biodiversity Conservation Act 1999.
32
National Heritage List has the same meaning as in the
33
Environment Protection and Biodiversity Conservation Act 1999.
34
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 7
National Heritage value has the same meaning as in the
1
Environment Protection and Biodiversity Conservation Act 1999.
2
non-protection zone installation permit means a permit under
3
Division 3 of Part 3 of this Schedule.
4
protection zone means a protection zone declared by the ACA
5
under clause 4.
6
protection zone installation permit means a permit under
7
Division 2 of Part 3 of this Schedule.
8
ship means any kind of vessel used in navigation by water,
9
however propelled or moved.
10
submarine cable means that part of a line link (within the meaning
11
of section 30):
12
(a) that it is laid on or beneath the seabed that lies beneath
13
Australian waters; and
14
(b) that is laid for purposes that include connecting a place in
15
Australia with a place outside Australia (whether or not the
16
cable is laid via another place in Australia);
17
and includes any device attached to that part of the line link, if the
18
device is used in or in connection with the line link.
19
Note:
Any part of a line link that is laid elsewhere than on or beneath the
20
Australian seabed, and any device attached to such part of a line link,
21
is not a submarine cable for the purposes of this Schedule.
22
threatened ecological community means an ecological community
23
that is included in the list of threatened ecological communities
24
kept under Division 1 of Part 13 of the Environment Protection
25
and Biodiversity Conservation Act 1999.
26
threatened species means a species that is included in one of the
27
following categories of the list of threatened species kept under
28
Division 1 of Part 13 of the Environment Protection and
29
Biodiversity Conservation Act 1999:
30
(a) extinct in the wild;
31
(b) critically endangered;
32
(c) endangered;
33
(d) vulnerable.
34
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
8 Telecommunications and Other Legislation Amendment (Protection of Submarine Cables
and Other Measures) Bill 2005 No. , 2005
Torres Strait Islander means a descendant of an indigenous
1
inhabitant of the Torres Strait Islands.
2
world heritage values has the same meaning as in the Environment
3
Protection and Biodiversity Conservation Act 1999.
4
(2) A reference in this Schedule to the location of a submarine cable
5
includes, in relation to a submarine cable that is not yet installed, a
6
reference to the proposed location of the submarine cable.
7
Part 2--Protection zones
8
Division 1--Simplified outline
9
3 Simplified outline
10
The following is a simplified outline of this Part:
11
·
The ACA may declare a protection zone in relation to a
12
submarine cable installed in Australian waters.
13
·
The ACA must consult with an advisory committee, with the
14
Environment Secretary and with the public before it declares a
15
protection zone.
16
·
Certain activities are prohibited in the zone and restrictions
17
may be imposed on other activities in the zone.
18
·
It is an offence for a person to damage a submarine cable in a
19
protection zone, to engage in an activity that is prohibited in a
20
protection zone, or to contravene any restrictions imposed on
21
an activity in a protection zone.
22
Division 2--Declaration of protection zones
23
Subdivision A--Declarations
24
4 ACA may declare a protection zone
25
(1) The ACA may, by legislative instrument, declare a protection zone
26
in relation to one or more submarine cables, or one or more
27
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 9
submarine cables that are proposed to be installed, in Australian
1
waters.
2
(2) Before the ACA declares a protection zone, the ACA must comply
3
with Subdivision B.
4
Note:
Subdivision B requires the ACA to develop a proposal for the
5
protection zone and to consult about the proposal, and to satisfy other
6
prerequisites.
7
5 Declaration on ACA's initiative or in response to request
8
A declaration of a protection zone may be made:
9
(a) on the ACA's own initiative; or
10
(b) at the request of a person.
11
6 Response to a request to declare a protection zone
12
ACA decides to develop a proposal
13
(1) If:
14
(a) a person requests the ACA to declare a protection zone; and
15
(b) the ACA decides to develop a proposal for a protection zone
16
in response to the request;
17
the ACA must give the person a copy of its proposal.
18
ACA decides not to develop a proposal
19
(2) If:
20
(a) a person requests the ACA to declare a protection zone; and
21
(b) the ACA decides not to develop a proposal for a protection
22
zone in response to the request;
23
the ACA must notify the person in writing of the ACA's decision
24
and the reasons for the decision.
25
7 Decision not to declare a requested protection zone or to declare a
26
different protection zone
27
No declaration
28
(1) If:
29
(a) a person requests the ACA to declare a protection zone; and
30
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
10 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(b) the ACA develops a proposal for the protection zone in
1
response to the request; and
2
(c) the ACA decides not to declare the protection zone;
3
the ACA must notify the person in writing of the ACA's decision
4
and the reasons for the decision.
5
Declaration different from proposal
6
(2) If:
7
(a) a person requests the ACA to declare a protection zone; and
8
(b) the ACA develops a proposal for the protection zone in
9
response to the request; and
10
(c) the ACA declares a protection zone that is different from the
11
proposed protection zone;
12
the ACA must give the person a copy of the declaration.
13
8 Location of submarine cable to be specified in declaration
14
(1) A declaration of a protection zone:
15
(a) must specify a nominal location for the cable or cables in all
16
Australian waters in which the cable is installed; and
17
(b) must not specify a location for the cable or cables outside
18
Australian waters.
19
(2) The location must be expressed in geographic coordinates and
20
must include the geodetic datum to which the coordinates refer.
21
9 Area of a protection zone
22
Area is as set out in this clause unless declaration specifies
23
otherwise
24
(1) Unless the ACA specifies otherwise in the declaration of a
25
protection zone, the protection zone in relation to:
26
(a) one submarine cable--is the area set out in subclause (2); and
27
(b) more than one submarine cable--is the area set out in
28
subclause (4).
29
Protection zone in relation to only one submarine cable
30
(2) The protection zone in relation to one submarine cable:
31
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 11
(a) consists of so much of the following as is Australian waters:
1
(i) the area within one nautical mile either side of the
2
points on the surface of the sea above the nominal
3
location of the cable; and
4
(ii) the waters beneath that area; and
5
(b) the seabed and subsoil beneath that area.
6
Note:
If a cable leaves one area of Australian waters and subsequently enters
7
another area of Australian waters, subclause (2) has the effect that the
8
protection zone in relation to that cable covers both areas of
9
Australian waters.
10
(3) A declaration of a protection zone in relation to one submarine
11
cable has no effect to the extent that it covers an area outside the
12
area described in subclause (2).
13
Protection zone in relation to more than one submarine cable
14
(4) The protection zone in relation to more than one submarine cable:
15
(a) consists of so much of the following as is Australian waters:
16
(i) the area between the nominal location of the cables; and
17
(ii) the area within one nautical mile from the outside edge
18
of the points on the surface of the sea above the nominal
19
location of each of the two outermost cables; and
20
(iii) the waters beneath those areas; and
21
(b) the seabed and subsoil beneath those areas.
22
Note:
If a cable leaves one area of Australian waters and subsequently enters
23
another area of Australian waters, subclause (4) has the effect that the
24
protection zone in relation to that cable covers both areas of
25
Australian waters.
26
(5) A declaration of a protection zone in relation to more than one
27
submarine cable has no effect to the extent that it covers an area
28
outside the area described in subclause (4).
29
Nominal location
30
(6) In this clause:
31
nominal location, of a submarine cable or cables, means the
32
nominal location specified in the declaration of the protection zone
33
in relation to the cable or cables.
34
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
12 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
10 Prohibited activities
1
(1) A declaration of a protection zone may specify activities that are
2
prohibited in the protection zone.
3
(2) If a declaration of a protection zone does not specify activities that
4
are prohibited in the protection zone, the activities specified in
5
subclause (4) are prohibited.
6
(3) An activity which is specified in a declaration of a protection zone
7
must be an activity that is covered by subclause (4).
8
(4) This subclause covers the following activities:
9
(a) the use of:
10
(i) trawl gear that is designed to work on or near the seabed
11
(for example, a demersal trawl); or
12
(ii) a net anchored to the seabed and kept upright by floats
13
(for example, a demersal gillnet); or
14
(iii) a fishing line that is designed to catch fish at or near the
15
seabed (for example, a demersal line); or
16
(iv) a dredge; or
17
(v) a pot or trap; or
18
(vi) a squid jig; or
19
(vii) a seine; or
20
(viii) a structure moored to the seabed with the primary
21
function of attracting fish for capture (for example, a
22
fish aggregating device);
23
(b) towing, operating, or suspending from a ship:
24
(i) any item mentioned in paragraph (a); or
25
(ii) a net, line, rope, chain or any other thing used in
26
connection with fishing operations;
27
(c) lowering, raising or suspending an anchor from a ship;
28
(d) sand mining;
29
(e) exploring for or exploiting resources (other than marine
30
species);
31
(f) mining or the use of mining techniques;
32
(g) any activity that involves a serious risk that an object will
33
connect with the seabed, if a connection between the object
34
and a submarine cable would be capable of damaging the
35
cable;
36
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 13
(h) an activity specified in the regulations, being an activity that,
1
if done near a submarine cable, would involve a serious risk
2
of damaging the cable.
3
11 Restricted activities
4
(1) A declaration of a protection zone may specify restrictions that are
5
imposed in the protection zone on activities in the protection zone.
6
(2) An activity on which restrictions are imposed must be an activity
7
that is covered by subclause (3).
8
(3) This subclause covers the following activities:
9
(a) the use of:
10
(i) a net that is above the seabed at all times; or
11
(ii) lures or baits attached to a line towed behind a ship;
12
(b) towing, operating, or suspending from a ship:
13
(i) any item mentioned in paragraph (a); or
14
(ii) a net, line, rope, chain or any other thing used in
15
connection with fishing operations;
16
(c) fishing using a line;
17
(d) installing, maintaining or removing an electricity cable, an oil
18
or gas pipeline, any like cables or pipelines and any
19
associated equipment;
20
(e) constructing, maintaining or removing an installation for the
21
use of ships;
22
(f) constructing or maintaining navigational aids;
23
(g) any activity that involves a risk that an object will connect
24
with the seabed, if a connection between the object and a
25
submarine cable would be capable of damaging the cable;
26
(h) an activity specified in the regulations, being an activity that,
27
if done near a submarine cable, could involve a risk of
28
damaging the cable.
29
12 Conditions
30
(1) A declaration of a protection zone may be subject to any conditions
31
that the ACA considers appropriate.
32
(2) Those conditions must be specified in the declaration.
33
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
14 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
13 When a declaration takes effect
1
(1) A declaration of a protection zone takes effect at the time specified
2
by the ACA.
3
(2) If a declaration relates only to a submarine cable or cables that are
4
not yet installed, the ACA must not specify a time before the time
5
that the ACA is satisfied that installation of the cable or cables will
6
begin.
7
14 Duration of declaration
8
(1) A declaration of a protection zone continues in effect until the
9
ACA revokes it.
10
(2) To avoid doubt, a declaration continues in effect even if the
11
submarine cable or cables in the protection zone have ceased to
12
operate.
13
Subdivision B--Prerequisites to declaration of a protection
14
zone
15
15 ACA to develop a proposal for a protection zone
16
(1) Before the ACA declares a protection zone in relation to one or
17
more submarine cables, or one or more submarine cables that are
18
proposed to be installed, the ACA must develop a proposal for the
19
protection zone.
20
(2) The proposal must include:
21
(a) the nominal location of the submarine cable or cables in
22
Australian waters; and
23
(b) if the area of the proposed protection zone is different from
24
the area under clause 9--details of the location and
25
dimensions of the proposed protection zone; and
26
(c) details of the activities to be prohibited in the proposed
27
protection zone; and
28
(d) details of the restrictions that are to be imposed on activities
29
in the proposed protection zone.
30
(3) A proposal developed under subsection (1) is not a legislative
31
instrument.
32
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 15
16 ACA to refer proposal to advisory committee
1
(1) The ACA must refer a proposal developed under clause 15 to an
2
advisory committee.
3
Note:
See clause 49 for requirements that relate to advisory committees.
4
(2) The advisory committee may make recommendations in relation to
5
the proposal.
6
(3) If the advisory committee does not make recommendations in
7
relation to the proposal, the committee must give the ACA a
8
statement setting out the opinion of each committee member in
9
relation to the proposal.
10
17 ACA to publish proposal
11
(1) The ACA must publish a proposal developed under clause 15 and
12
invite public submissions about the proposal.
13
(2) The proposal must be published:
14
(a) in the Gazette; and
15
(b) on a website maintained by the ACA on the Internet; and
16
(c) in a newspaper circulating generally in each State, the
17
Australian Capital Territory and the Northern Territory; and
18
(d) if an external Territory is affected by the proposal--in a
19
newspaper circulating generally in that external Territory.
20
18 Cable must be a submarine cable of national significance
21
The ACA must not declare a protection zone in relation to one or
22
more submarine cables unless the ACA is satisfied that the cable,
23
or each cable, is or will be a cable of national significance.
24
19 Consultation with Environment Secretary
25
(1) The ACA must not declare a protection zone in relation to one or
26
more submarine cables unless the ACA has consulted with the
27
Environment Secretary in relation to the proposal for the protection
28
zone.
29
(2) The ACA must have regard to any advice or recommendations
30
provided by the Environment Secretary in relation to the proposal.
31
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
16 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
20 Matters the ACA must have regard to
1
In deciding whether to declare a protection zone in relation to one
2
or more submarine cables, the ACA must have regard to:
3
(a) the recommendations or statement of opinions of the
4
advisory committee that considered the proposal for the
5
protection zone; and
6
(b) any submissions received from the public about the proposal
7
for the protection zone; and
8
(c) the objective of facilitating the supply of efficient, modern
9
and cost-effective carriage services to the public; and
10
(d) if the proposed protection zone relates to a submarine cable
11
that is not yet installed--the impact of the installation on the
12
environment; and
13
(e) if the proposed protection zone relates to a submarine cable
14
that is not yet installed--any relevant technical and economic
15
aspects of the installation; and
16
(f) if the proposed protection zone relates to a submarine cable
17
that is not yet installed--whether the submarine cable is to be
18
co-located with an existing submarine cable or cables; and
19
(g) if the proposed protection zone relates to a submarine cable
20
that is not yet installed--the economic and social benefits
21
that are likely to result from the installation of the cable; and
22
(h) any other matters that the ACA considers relevant.
23
21 Environment and heritage considerations
24
For the purposes of paragraph 20(d), the ACA must have regard to:
25
(a) whether the installation, maintenance or operation of the
26
submarine cable:
27
(i) is inconsistent with Australia's obligations under a
28
listed international agreement; or
29
(ii) could have an adverse effect on a listed threatened
30
species or threatened ecological community, or impede
31
the recovery of a listed threatened species or threatened
32
ecological community; or
33
(iii) could have an adverse effect on a listed marine species;
34
or
35
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 17
(iv) could have an adverse effect on the environment,
1
including the environment within a Commonwealth
2
marine area; or
3
(v) could have an adverse effect on cetaceans; or
4
(vi) could have an adverse effect on a listed migratory
5
species; or
6
(vii) could have an adverse effect on the National Heritage
7
values of a place included in the National Heritage List;
8
or
9
(viii) could have an adverse effect on the ecological character
10
of a declared Ramsar wetland; or
11
(ix) could have an adverse effect on the world heritage
12
values of a declared World Heritage property; or
13
(x) could have an adverse effect on a place that Australia is
14
required to protect by the terms of a listed international
15
agreement; or
16
(xi) could have an adverse effect on an area that, under the
17
law of the Commonwealth, a State or a Territory, is
18
reserved wholly or principally for marine conservation
19
purposes (however described); or
20
(xii) could have an adverse effect on an area that, under a law
21
of the Commonwealth, a State or a Territory, is
22
protected from significant environmental disturbance;
23
and
24
(b) whether the submarine cable is to be installed at or near an
25
area or thing that is of particular significance to Aboriginal
26
persons, or Torres Strait Islanders, in accordance with their
27
traditions; and
28
(c) such other matters (if any) as the ACA considers relevant.
29
22 Deadline for final decision about protection zone
30
If the ACA publishes a proposal for a protection zone under
31
clause 17, the ACA's decision whether or not to declare the
32
protection zone must be made as soon as practicable, and in any
33
event within 12 months, after the day on which the proposal was
34
published.
35
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
18 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
Division 3--Varying or revoking a declaration of a
1
protection zone
2
Subdivision A--Variation or revocation
3
23 ACA may vary or revoke a declaration of a protection zone
4
(1) The ACA may, by legislative instrument, vary or revoke a
5
declaration of a protection zone.
6
Note:
Clause 48 requires a carrier to notify the ACA if a submarine cable
7
ceases to be used.
8
(2) Before the ACA varies or revokes a declaration of a protection
9
zone, the ACA must comply with Subdivision B.
10
Note:
Subdivision B requires the ACA to develop a variation or revocation
11
proposal and to consult about the proposal.
12
24 Variation or revocation on ACA's initiative or in response to
13
request
14
A variation or revocation of a declaration of a protection zone may
15
be made:
16
(a) on the ACA's own initiative; or
17
(b) at the request of a person.
18
25 ACA to notify affected carrier of request to vary or revoke a
19
declaration
20
If a person requests the ACA to vary or revoke a declaration of a
21
protection zone, the ACA must, as soon as practicable, give details
22
of the request to each carrier who is responsible for a submarine
23
cable or cables in the protection zone.
24
26 Response to a request to vary or revoke a declaration
25
ACA decides to develop a variation or revocation proposal
26
(1) If:
27
(a) a person requests the ACA to vary or revoke a declaration of
28
a protection zone; and
29
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 19
(b) the ACA decides to develop a variation or revocation
1
proposal in response to the request;
2
the ACA must:
3
(c) give the person a copy of its proposal; and
4
(d) if the proposal differs from what the person requested--
5
notify the person in writing of the reasons for the difference.
6
ACA decides not to develop a variation or revocation proposal
7
(2) If:
8
(a) a person requests the ACA to vary or revoke a declaration of
9
a protection zone; and
10
(b) the ACA decides not to develop a proposal to vary or revoke
11
a declaration of a protection zone in response to the request;
12
the ACA must notify the person in writing of the ACA's decision
13
and the reasons for the decision.
14
27 Decision not to vary or revoke a declaration after a request to do
15
so
16
If, after developing a proposal to vary or revoke a declaration of a
17
protection zone in response to a request by a person, the ACA:
18
(a) decides not to vary or revoke the declaration; or
19
(b) decides to vary the declaration in a way different from that
20
requested; or
21
(c) decides to vary the declaration when revocation was
22
requested; or
23
(d) decides to revoke the declaration when variation was
24
requested;
25
the ACA must notify the person in writing of the ACA's decision
26
and the reasons for the decision.
27
28 When a variation or revocation takes effect
28
A variation or revocation of a declaration of a protection zone
29
takes effect at the time specified by the ACA.
30
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
20 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
29 Protection zone as varied must not exceed permitted area
1
Subclauses 9(3) and (5) (about the area of a protection zone)
2
continue to apply in relation to a declaration of a protection zone
3
that is varied under this Division.
4
Subdivision B--Prerequisites to variation or revocation of
5
declaration
6
30 ACA to develop a variation or revocation proposal
7
(1) Before the ACA varies or revokes a declaration of a protection
8
zone, the ACA must develop a proposal to vary or revoke the
9
declaration.
10
(2) A proposal developed under subsection (1) is not a legislative
11
instrument.
12
31 ACA to refer proposal to advisory committee
13
(1) The ACA must refer a proposal developed under clause 30 to an
14
advisory committee.
15
Note:
See clause 49 for requirements that relate to advisory committees.
16
(2) The advisory committee may make recommendations in relation to
17
the proposal.
18
(3) If the advisory committee does not make recommendations in
19
relation to the proposal, the committee must give the ACA a
20
statement setting out the opinion of each committee member in
21
relation to the proposal.
22
32 ACA to publish proposal
23
(1) The ACA must publish a proposal developed under clause 30 and
24
invite public submissions about the proposal.
25
(2) The proposal must be published:
26
(a) in the Gazette; and
27
(b) on a website maintained by the ACA on the Internet; and
28
(c) in a newspaper circulating generally in each State, the
29
Australian Capital Territory and the Northern Territory; and
30
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 21
(d) if an external Territory is affected by the proposal--in a
1
newspaper circulating generally in that external Territory.
2
33 Consultation with Environment Secretary
3
(1) The ACA must not vary or revoke a declaration of a protection
4
zone unless the ACA has consulted with the Environment
5
Secretary in relation to the proposal to vary or revoke the
6
declaration.
7
(2) The ACA must have regard to any advice or recommendations
8
provided by the Environment Secretary in relation to the proposal.
9
34 Matters the ACA must have regard to
10
In deciding whether to vary or revoke a declaration of a protection
11
zone, the ACA must have regard to:
12
(a) the recommendations or statement of opinions of the
13
advisory committee that considered the variation or
14
revocation proposal; and
15
(b) any submissions received from the public about the variation
16
or revocation proposal; and
17
(c) the legitimate commercial interests of:
18
(i) the owner of each submarine cable in the protection
19
zone; and
20
(ii) if the carrier responsible for a cable in the protection
21
zone is not the owner of the cable--that carrier; and
22
(d) any other matters that the ACA considers relevant.
23
35 Deadline for final decision about varying or revoking a protection
24
zone
25
If the ACA publishes a proposal to vary or revoke a declaration of
26
a protection zone under clause 32, the ACA must decide whether to
27
vary or revoke the declaration within 180 days after the day on
28
which the proposal was published.
29
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
22 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
Division 4--Offences in relation to a protection zone
1
Subdivision A--Damaging a submarine cable
2
36 Damaging a submarine cable
3
(1) A person commits an offence if:
4
(a) the person engages in conduct; and
5
(b) the conduct results in damage to a submarine cable, or to a
6
part of a submarine cable; and
7
(c) the cable, or the part of the cable, is in a protection zone.
8
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
9
(2) Strict liability applies to paragraph (1)(c).
10
Note:
For strict liability, see section 6.1 of the Criminal Code.
11
37 Negligently damaging a submarine cable
12
(1) A person commits an offence if:
13
(a) the person engages in conduct; and
14
(b) the conduct results in damage to a submarine cable, or to a
15
part of a submarine cable; and
16
(c) the person is negligent as to the fact that the conduct results
17
in that damage; and
18
(d) the cable, or the part of the cable, is in a protection zone.
19
Penalty: Imprisonment for 3 years or 180 penalty units, or both.
20
(2) Strict liability applies to paragraph (1)(d).
21
Note:
For strict liability, see section 6.1 of the Criminal Code.
22
38 Defence to offences of damaging a submarine cable
23
Subclauses 36(1) and 37(1) do not apply if:
24
(a) the conduct that resulted in damage to the submarine cable,
25
or to a part of the submarine cable, was necessary to save a
26
life or a ship; or
27
(b) the conduct that resulted in damage to the submarine cable,
28
or to a part of the submarine cable, was necessary to prevent
29
pollution; or
30
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 23
(c) the defendant took all reasonable steps to avoid causing
1
damage to the submarine cable; or
2
(d) the defendant is the carrier who owns or operates the
3
submarine cable; or
4
(e) when the conduct occurred, the defendant was acting on
5
behalf of the carrier who owns or operates the submarine
6
cable.
7
Note:
The defendant bears an evidential burden in relation to the matters in
8
this clause. See subsection 13.3(3) of the Criminal Code.
9
39 Master or owner of ship used in offence of damaging a submarine
10
cable
11
(1) A person (the first person) commits an offence if:
12
(a) the first person is the owner or master of a ship; and
13
(b) the first person permits another person to use the ship; and
14
(c) the other person commits an offence against clause 36; and
15
(d) the ship is used in the commission of the offence and the first
16
person is reckless as to that fact.
17
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
18
(2) Strict liability applies to paragraph (1)(c).
19
Note:
For strict liability, see section 6.1 of the Criminal Code.
20
Subdivision B--Engaging in prohibited or restricted activities
21
40 Engaging in prohibited or restricted activities
22
A person commits an offence if:
23
(a) the person engages in conduct; and
24
(b) the conduct occurs in a protection zone; and
25
(c) the conduct:
26
(i) is prohibited in the protection zone; or
27
(ii) contravenes a restriction imposed on an activity in the
28
protection zone; and
29
(d) the conduct is not engaged in by the carrier who owns or
30
operates the cable, or a person acting on behalf of such a
31
carrier, for the purpose of maintaining or repairing a
32
submarine cable for which the carrier is responsible; and
33
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
24 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(e) the conduct is not engaged in by a carrier who holds a
1
protection zone installation permit, or a person acting on such
2
a carrier's behalf, in, or in the course of, the installation of a
3
submarine cable in accordance with the permit.
4
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
5
41 Aggravated offence of engaging in prohibited or restricted
6
activities
7
A person commits an offence if:
8
(a) the person engages in conduct; and
9
(b) the conduct occurs in a protection zone; and
10
(c) the conduct:
11
(i) is prohibited in the protection zone; or
12
(ii) contravenes a restriction imposed on an activity in the
13
protection zone; and
14
(d) the person engages in the conduct with the intention of
15
making a commercial gain; and
16
(e) the conduct is not engaged in by the carrier who owns or
17
operates the cable, or a person acting on behalf of such a
18
carrier, for the purpose of maintaining or repairing a
19
submarine cable for which the carrier is responsible; and
20
(f) the conduct is not engaged in by a carrier who holds a
21
protection zone installation permit, or a person acting on such
22
a carrier's behalf, in, or in the course of, the installation of a
23
submarine cable in accordance with the permit.
24
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
25
42 Defences to offences of engaging in prohibited or restricted
26
activities
27
Clauses 40 and 41 do not apply if:
28
(a) the conduct was necessary to save a life or ship; or
29
(b) the conduct was necessary to prevent pollution; or
30
(c) the defendant took all reasonable steps to avoid engaging in
31
the conduct.
32
Note:
The defendant bears an evidential burden in relation to the matters in
33
this clause. See subsection 13.3(3) of the Criminal Code.
34
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 25
43 Alternative verdict if aggravated offence not proven
1
If, on a trial for an offence against clause 41:
2
(a) the arbiter of fact is not satisfied that the defendant engaged
3
in the activity with the intention of making a commercial
4
gain; and
5
(b) the arbiter of fact is otherwise satisfied that the defendant has
6
committed an offence against clause 40;
7
the arbiter may find the defendant not guilty of the offence against
8
clause 41 but guilty of an offence against clause 40, so long as the
9
defendant has been accorded procedural fairness in relation to that
10
finding of guilt.
11
44 Master or owner of ship used in offence of engaging in prohibited
12
or restricted activities
13
(1) A person (the first person) commits an offence if:
14
(a) the first person is the owner or master of a ship; and
15
(b) the first person permits another person to use the ship; and
16
(c) the other person commits an offence against clause 40 or 41;
17
and
18
(d) the ship is used in the commission of the offence and the first
19
person is reckless as to that fact.
20
Penalty:
21
(a) if the other person committed an offence against clause 40--
22
imprisonment for 5 years or 300 penalty units, or both; or
23
(b) if the other person committed an offence against clause 41--
24
imprisonment for 7 years or 420 penalty units, or both.
25
(2) Strict liability applies to paragraph (1)(c).
26
Note:
For strict liability, see section 6.1 of the Criminal Code.
27
Division 5--Miscellaneous
28
45 Person may claim damages
29
(1) A person who suffers, directly or indirectly, loss or damage:
30
(a) because a submarine cable in a protection zone is damaged
31
by conduct of another person; or
32
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
26 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(b) because another person engages in conduct that is prohibited
1
in a protection zone; or
2
(c) because another person engages in conduct that contravenes a
3
restriction imposed on an activity in a protection zone;
4
may recover the amount of the loss or damage:
5
(d) against that other person; or
6
(e) against any person involved in the contravention (whether or
7
not a person is convicted of an offence in respect of the
8
contravention).
9
(2) An action under subclause (1) may be commenced at any time
10
within 6 years after the day on which the cause of action that
11
relates to the conduct accrued.
12
(3) A reference in subclause (1) to a person who is involved in a
13
contravention is a reference to a person who has:
14
(a) aided, abetted, counselled or procured the contravention; or
15
(b) induced, whether by threats or promises or otherwise, the
16
contravention; or
17
(c) been in any way, directly or indirectly, knowingly concerned
18
in, or party to, the contravention; or
19
(d) conspired with others to effect the contravention.
20
(4) Jurisdiction is conferred on the Federal Court in any matter arising
21
under this clause in respect of which a civil proceeding is instituted
22
under this clause.
23
46 Indemnity for loss of anchor etc.
24
(1) If:
25
(a) after all reasonable precautionary measures have been taken,
26
an anchor, a net or any other fishing gear belonging to a ship
27
is sacrificed in order to avoid damaging a submarine cable in
28
a protection zone; and
29
(b) at the time the sacrifice is made, no person on board the ship
30
is engaging in conduct:
31
(i) that is prohibited in the protection zone; or
32
(ii) that contravenes a restriction imposed on an activity in
33
the protection zone;
34
the owner of the ship is entitled to be indemnified for that loss by
35
the carrier responsible for the submarine cable.
36
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 27
(2) Jurisdiction is conferred on the Federal Court in any matter arising
1
under this clause in respect of which a civil proceeding is instituted
2
under this clause.
3
47 ACA to notify relevant authorities of declaration, variation etc. of
4
protection zone
5
(1) If the ACA declares a protection zone under clause 4, or varies or
6
revokes a declaration under clause 23, the ACA must notify the
7
authorities mentioned in subclause (2) as soon as practicable of the
8
details of the ACA's decision to declare the protection zone or vary
9
or revoke the declaration.
10
(2) The authorities are the following:
11
(a) the Australian Fisheries Management Authority;
12
(b) the Australian Hydrographic Service;
13
(c) the Australian Maritime Safety Authority;
14
(d) the authority administering the business carried on at a port
15
or ports of a State or the Northern Territory, if the port or
16
ports are directly affected by the declaration.
17
48 Notice if carrier decommissions a submarine cable
18
If:
19
(a) a declaration of a protection zone in relation to a submarine
20
cable has effect; and
21
(b) the cable ceases to be in use (other than temporarily);
22
the carrier who is responsible for the cable must notify the ACA in
23
writing of the cessation, as soon as practicable after the cessation
24
happens.
25
49 Composition of advisory committee
26
(1) An advisory committee established for the purposes of clause 16 or
27
31 must have no more than 12 members.
28
(2) Without limiting the persons who may be appointed as members of
29
an advisory committee established for the purposes of clause 16 or
30
31, the ACA may appoint persons who, in the opinion of the ACA,
31
represent the concerns of any of the following:
32
(a) the Commonwealth;
33
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
28 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(b) an interested State;
1
(c) an interested authority or instrumentality of the
2
Commonwealth or a State;
3
(d) an interested industry;
4
(e) an interested group.
5
(3) In this clause:
6
interested, in relation to a State, authority, instrumentality, industry
7
or group, means having concerns or interests that are affected by
8
the proposal that the committee is to consider, or that are likely to
9
be so affected should the ACA declare the protection zone
10
proposed in the proposal.
11
State includes the Northern Territory.
12
Part 3--Permits to install submarine cables
13
Division 1--Simplified outline
14
50 Simplified outline
15
The following is a simplified outline of this Part:
16
·
A carrier may apply to the ACA to install a submarine cable:
17
(a)
in a protection zone; or
18
(b)
in Australian waters (other than Australian waters
19
that are in a protection zone or that are coastal
20
waters).
21
·
There is a streamlined process for applications for permits to
22
install submarine cables in protection zones. Also, a carrier
23
who installs a submarine cable in a protection zone in
24
accordance with a permit is exempt from certain State and
25
Territory laws.
26
·
It is an offence for a person to install a submarine cable
27
without a permit in a protection zone, or in Australian waters
28
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 29
that are not in a protection zone and that are not coastal
1
waters.
2
·
It is also an offence for a person who holds a permit to breach
3
a condition of the permit.
4
Division 2--Protection zone installation permits
5
51 Application for a permit to install a submarine cable in a
6
protection zone
7
A carrier may apply to the ACA for a permit to install one or more
8
submarine cables in a protection zone (a protection zone
9
installation permit).
10
52 Form of application etc.
11
An application must be:
12
(a) in writing; and
13
(b) in the form approved in writing by the ACA.
14
53 Application to be accompanied by charge
15
An application must be accompanied by the charge (if any)
16
imposed on the application by a determination under section 53 of
17
the Australian Communications Authority Act 1997.
18
54 Withdrawal of application
19
This Division does not prevent the withdrawal of an application
20
and the submission of a fresh application.
21
55 Further information
22
(1) The ACA may request the applicant to give the ACA further
23
information about the application.
24
(2) The ACA may refuse to consider the application until the applicant
25
gives the ACA the information.
26
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
30 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
56 Grant or refusal of permit
1
Grant
2
(1) After considering the application, the ACA may grant the applicant
3
a protection zone installation permit authorising the installation, in
4
the protection zone, of the submarine cable or cables specified in
5
the application.
6
(2) The ACA may grant the permit subject to conditions specified by
7
the ACA in relation to the installation of the cable or cables.
8
Refusal
9
(3) After considering the application, the ACA may refuse to grant a
10
protection zone installation permit.
11
(4) If the ACA refuses to grant the permit, it must notify the applicant
12
in writing of the ACA's decision and the reasons for the decision.
13
57 Automatic refusal
14
Automatic refusal if no grant before deadline day
15
(1) If:
16
(a) a carrier applies for a protection zone installation permit; and
17
(b) the ACA neither grants, nor refuses to grant, the permit
18
before the end of the deadline day worked out under this
19
clause;
20
then the ACA is taken, at the end of that day, to have refused to
21
grant the permit.
22
No request for further information
23
(2) If the ACA has not requested further information about the
24
application under clause 55, the deadline day is the 20th business
25
day after the day on which the application was made.
26
Request for further information complied with
27
(3) If the ACA requested further information about the application
28
under clause 55 and the applicant complied with the request, the
29
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 31
deadline day is the tenth business day after the day on which the
1
request was complied with.
2
Request for further information not complied with
3
(4) If the ACA requested further information about the application
4
under clause 55 and the applicant has not complied with the
5
request, the deadline day is the tenth business day after the end of
6
the period specified in the request for compliance with the request.
7
Business day
8
(5) In this clause:
9
business day means a day on which the ACA is open for business
10
in both Victoria and the Australian Capital Territory.
11
58 Refund of application charge if automatic refusal
12
(1) If:
13
(a) an application for a protection zone installation permit is
14
accompanied by a charge mentioned in clause 53; and
15
(b) the ACA is taken to have refused to grant the permit under
16
clause 57;
17
the ACA, on behalf of the Commonwealth, must refund the charge
18
to the applicant.
19
(2) The Consolidated Revenue Fund is appropriated for payments
20
under this section.
21
59 Duration of permit
22
A protection zone installation permit is in force for a period of 18
23
months from the day the permit is granted.
24
60 Surrender of permit
25
The holder of a protection zone installation permit may, at any
26
time, surrender the permit by written notice given to the ACA.
27
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
32 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
61 Extension of permit
1
(1) Before a protection zone installation permit expires, the holder of
2
the permit may apply to the ACA to extend the duration of the
3
permit for a further 180 days.
4
(2) The holder must give the ACA reasons for requesting to extend the
5
duration of the permit.
6
(3) If the ACA refuses the application, the ACA must give the holder
7
written notice of the ACA's decision and the reasons for the
8
decision.
9
62 Suspension or cancellation of permit
10
(1) The ACA may suspend or cancel a protection zone installation
11
permit by written notice to the holder of the permit, if the ACA is
12
satisfied that:
13
(a) the holder has breached a condition to which the permit is
14
subject; or
15
(b) the holder has not complied with a condition of the Code of
16
Practice in force under clause 15 of Schedule 3 that applies to
17
the installation of submarine cables.
18
(2) Before a permit is suspended or cancelled under subclause (1):
19
(a) the ACA must give the holder 30 days' written notice of the
20
ACA's intention to suspend or cancel the permit and the
21
ground or grounds on which the ACA intends to do so; and
22
(b) the ACA must give the holder an opportunity to submit to the
23
ACA any matters that the holder wishes the ACA to take into
24
account in deciding whether to suspend or cancel the permit;
25
and
26
(c) the ACA must take into account any matters submitted by the
27
holder under paragraph (b) and any action taken by the
28
holder to address the ACA's concerns or to prevent the
29
recurrence of similar circumstances.
30
63 Exemption from State and Territory laws
31
(1) This clause applies to the installation of a submarine cable in
32
accordance with a protection zone installation permit.
33
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 33
(2) A carrier may install, or cause to be installed, a cable despite a law
1
of a State or Territory about:
2
(a) the assessment of the environmental effects of engaging in
3
the activity; or
4
(b) the protection of places or items of significance to Australia's
5
natural or cultural heritage; or
6
(c) the powers and functions of a local government body; or
7
(d) the supply of fuel or power, including the supply and
8
distribution of extra-low voltage power systems; or
9
(e) a matter specified in the regulations.
10
(3) Paragraph (2)(b) does not apply to a law in so far as the law
11
provides for the protection of places or items of significance to the
12
cultural heritage of Aboriginal persons or Torres Strait Islanders.
13
(4) Paragraph 2(d) does not apply to a law in so far as the law deals
14
with the supply of electricity at a voltage that exceeds that used for
15
ordinary commercial or domestic requirements.
16
(5) If subclause (2) entitles a person to engage in activities despite
17
particular laws of a State or Territory, nothing in this clause affects
18
the operation of any other law of a State or Territory, so far as that
19
other law is capable of operating concurrently.
20
(6) This clause does not affect the liability of a carrier to taxation
21
under a law of a State or Territory.
22
Division 3--Non-protection zone installation permits
23
64 Application for a permit to install a submarine cable in
24
Australian waters (otherwise than in a protection zone or
25
coastal waters)
26
A carrier may apply to the ACA for a permit to install one or more
27
submarine cables in Australian waters that are not in a protection
28
zone and that are not coastal waters of a State or the Northern
29
Territory (a non-protection zone installation permit).
30
65 Form of application etc.
31
An application must be:
32
(a) in writing; and
33
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
34 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(b) in the form approved in writing by the ACA.
1
66 Application to be accompanied by charge
2
An application must be accompanied by the charge (if any)
3
imposed on the application by a determination under section 53 of
4
the Australian Communications Authority Act 1997.
5
67 Withdrawal of application
6
This Division does not prevent the withdrawal of an application
7
and the submission of a fresh application.
8
68 Further information
9
(1) The ACA may request the applicant to give the ACA, within the
10
period specified in the request, further information about the
11
application.
12
(2) The ACA may refuse to consider the application until the applicant
13
gives the ACA the information.
14
69 Grant or refusal of permit
15
Grant
16
(1) After:
17
(a) considering the application; and
18
(b) complying with clause 70 (about consultation); and
19
(c) complying with clause 71 (about the matters the ACA must
20
have regard to);
21
the ACA may grant the applicant a non-protection zone installation
22
permit authorising the installation, in Australian waters that are not
23
in a protection zone and that are not coastal waters of a State or the
24
Northern Territory, of the submarine cable or cables specified in
25
the application.
26
(2) The ACA may grant the permit subject to conditions specified by
27
the ACA in relation to the installation of the cable or cables.
28
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 35
Refusal
1
(3) After considering the application, the ACA may refuse to grant a
2
non-protection zone installation permit.
3
(4) If the ACA refuses to grant the permit, it must notify the applicant
4
in writing of the ACA's decision and the reasons for the decision.
5
70 Consultation before the ACA makes a decision about a permit
6
The ACA must not grant a non-protection zone installation permit
7
unless it has consulted with:
8
(a) the Environment Secretary; and
9
(b) any other persons the ACA considers relevant;
10
in relation to the application for the permit.
11
71 Matters the ACA must have regard to before it makes a decision
12
about a permit
13
In deciding whether to grant a non-protection zone installation
14
permit, the ACA must have regard to:
15
(a) the objective of facilitating the supply of efficient, modern
16
and cost-effective carriage services to the public; and
17
(b) the impact of the installation on the environment; and
18
(c) any relevant technical and economic aspects of the
19
installation; and
20
(d) whether the installation involves co-location of the
21
submarine cable or cables to which the application relates
22
with one or more other submarine cables; and
23
(e) any other matters that the ACA considers relevant.
24
72 Environment and heritage considerations
25
For the purposes of paragraph 71(b), the ACA must have regard to:
26
(a) whether the installation, maintenance or operation of the
27
submarine cable:
28
(i) is inconsistent with Australia's obligations under a
29
listed international agreement; or
30
(ii) could have an adverse effect on a listed threatened
31
species or threatened ecological community, or impede
32
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
36 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
the recovery of a listed threatened species or threatened
1
ecological community; or
2
(iii) could have an adverse effect on a listed marine species;
3
or
4
(iv) could have an adverse effect on the environment,
5
including the environment within a Commonwealth
6
marine area; or
7
(v) could have an adverse effect on cetaceans; or
8
(vi) could have an adverse effect on a listed migratory
9
species; or
10
(vii) could have an adverse effect on the National Heritage
11
values of a place included in the National Heritage List;
12
or
13
(viii) could have an adverse effect on the ecological character
14
of a declared Ramsar wetland; or
15
(ix) could have an adverse effect on the world heritage
16
values of a declared World Heritage property; or
17
(x) could have an adverse effect on a place that Australia is
18
required to protect by the terms of a listed international
19
agreement; or
20
(xi) could have an adverse effect on an area that, under the
21
law of the Commonwealth, a State or a Territory, is
22
reserved wholly or principally for marine conservation
23
purposes (however described); or
24
(xii) could have an adverse effect on an area that, under a law
25
of the Commonwealth, a State or a Territory, is
26
protected from significant environmental disturbance;
27
and
28
(b) whether the submarine cable is to be installed at or near an
29
area or thing that is of particular significance to Aboriginal
30
persons, or Torres Strait Islanders, in accordance with their
31
traditions; and
32
(c) such other matters (if any) as the ACA considers relevant.
33
73 Time limit on decision about a permit
34
(1) The ACA must decide whether to grant, or refuse to grant, a
35
non-protection zone installation permit within 180 days after the
36
day on which the application for the permit was made.
37
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 37
(2) The ACA may extend, or further extend, the 180 day period by
1
giving written notice to the applicant only if:
2
(a) the extension or further extension is for a period of not more
3
than 90 days; and
4
(b) the notice includes a statement explaining why the ACA has
5
been unable to make a decision about the application within
6
the 180 day period, or the 180 day period as previously
7
extended.
8
(3) If the ACA has requested further information about the application
9
under clause 68, a day on which the request for information
10
remains unfulfilled, or partly unfulfilled, is disregarded for the
11
purposes of calculating the 180 day period or the 180 day period as
12
extended.
13
74 Duration of permit
14
A non-protection zone installation permit is in force for a period of
15
18 months from the day the permit is granted.
16
75 Surrender of permit
17
The holder of a non-protection zone installation permit may, at any
18
time, surrender the permit by written notice given to the ACA.
19
76 Extension of permit
20
(1) Before a non-protection zone installation permit expires, the holder
21
of the permit may apply to the ACA to extend the duration of the
22
permit for a further 180 days.
23
(2) The holder must give the ACA reasons for requesting to extend the
24
duration of the permit.
25
(3) If the ACA refuses the application, the ACA must give the holder
26
written notice of the ACA's decision and the reasons for the
27
decision.
28
77 Suspension or cancellation of permit
29
(1) The ACA may suspend or cancel a non-protection zone installation
30
permit by written notice to the holder of the permit, if the ACA is
31
satisfied that:
32
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
38 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(a) the holder has breached a condition to which the permit is
1
subject; or
2
(b) the holder has not complied with a condition of the Code of
3
Practice in force under clause 15 of Schedule 3 that applies to
4
the installation of submarine cables.
5
(2) Before a permit is suspended or cancelled under subclause (1):
6
(a) the ACA must give the holder 30 days' written notice of the
7
ACA's intention to suspend or cancel the permit and the
8
ground or grounds on which the ACA intends to do so; and
9
(b) the ACA must give the holder an opportunity to submit to the
10
ACA any matters that the holder wishes the ACA to take into
11
account in deciding whether to suspend or cancel the permit;
12
and
13
(c) the ACA must take into account any matters submitted by the
14
holder under paragraph (b) and any action taken by the
15
holder to address the ACA's concerns or to prevent the
16
recurrence of similar circumstances.
17
Division 4--Conditions applicable to the installation of
18
submarine cables
19
78 Application of this Division
20
This Division applies to the installation of a submarine cable:
21
(a) in a protection zone; or
22
(b) in Australian waters, other than coastal waters of a State or
23
Territory;
24
by or on behalf of a carrier.
25
Note:
A Code of Practice made under subclause 15(1) of Schedule 3 may
26
impose conditions in addition to the conditions imposed in this
27
Division.
28
79 Installation to do as little damage as practicable
29
The carrier must ensure that all reasonable steps are taken to ensure
30
that the installation causes as little detriment and inconvenience,
31
and as little damage, as is practicable.
32
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 39
80 Management of installation activities
1
The carrier must ensure that all reasonable steps are taken:
2
(a) to act in accordance with good engineering practice; and
3
(b) to protect the safety of persons and property; and
4
(c) to protect the environment.
5
81 Compliance with industry standards
6
The carrier must ensure that the installation is done in accordance
7
with any standard that:
8
(a) relates to installation; and
9
(b) is recognised by the ACA as a standard for use in the
10
telecommunications industry; and
11
(c) is likely to reduce a risk to the safety of the public if the
12
carrier complies with the standard.
13
82 Compliance with international agreements
14
The carrier must ensure that the installation is done in a manner
15
that is consistent with Australia's obligations under a listed
16
international agreement that is relevant to the installation.
17
83 Conditions specified in the regulations
18
The carrier must ensure that the installation complies with any
19
conditions that are specified in the regulations.
20
Division 5--Offences in relation to installation of
21
submarine cables
22
84 Installing a submarine cable without a permit
23
(1) A person commits an offence if:
24
(a) the person installs, or causes to be installed, a submarine
25
cable; and
26
(b) the cable is installed:
27
(i) in Australian waters that are not in a protection zone and
28
that are not coastal waters of a State or the Northern
29
Territory; or
30
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
40 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(ii) in a protection zone; and
1
(c) the person does not have a permit under this Part authorising
2
the installation of the cable in the place in which it is
3
installed.
4
Penalty: 200 penalty units.
5
(2) Strict liability applies to paragraph (1)(b).
6
Note:
For strict liability, see section 6.1 of the Criminal Code.
7
(3) Subclause (1) does not apply to a person who installs a submarine
8
cable on behalf of a carrier, if the carrier has a permit authorising
9
the installation of the cable.
10
Note:
The defendant bears an evidential burden in relation to the matters in
11
subclause (3). See subsection 13.3(3) of the Criminal Code.
12
85 Breaching conditions of a permit
13
A carrier commits an offence if:
14
(a) the carrier holds a permit under this Part authorising the
15
installation of a submarine cable; and
16
(b) the carrier, or a person acting on behalf of the carrier,
17
engages in conduct; and
18
(c) the conduct breaches a condition of the permit.
19
Penalty: 100 penalty units.
20
86 Failing to comply with ACA direction to remove an unlawfully
21
installed cable
22
(1) The ACA may direct a carrier to remove a submarine cable if:
23
(a) the carrier installed the submarine cable, or caused it to be
24
installed, in a protection zone or in Australian waters without
25
a permit under this Part authorising the installation; or
26
(b) the carrier is installing the submarine cable, or causing it be
27
installed, in a protection zone or in Australian waters without
28
a permit under this Part authorising the installation.
29
(2) A carrier who does not comply with a direction under subclause (1)
30
commits an offence.
31
Penalty: 200 penalty units.
32
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 41
(3) The ACA must not give a direction to a carrier under subclause (1)
1
in relation to a submarine cable that the carrier installed, or began
2
to install, before the commencement of this Schedule.
3
Part 4--Compensation
4
5
87 Compensation
6
(1) If a person suffers financial loss or damage because of anything
7
done by a carrier under this Schedule in relation to:
8
(a) any property owned by the person; or
9
(b) any property in which the person has an interest;
10
there is payable to the person by the carrier such reasonable
11
amount of compensation;
12
(c) as is agreed between them; or
13
(d) failing agreement--as is determined by a court of competent
14
jurisdiction.
15
(2) Compensation payable under subclause (1) includes, without
16
limitation, compensation in relation to:
17
(a) damage of a temporary character as well as of a permanent
18
character; and
19
(b) the taking of sand, soil, water and other things.
20
(3) In this clause:
21
court of competent jurisdiction, in relation to property, includes
22
the Federal Court.
23
88 Compensation for acquisition of property
24
(1) If:
25
(a) either of the following would result in an acquisition of
26
property from a person:
27
(i) anything done by a carrier under, or because of, this
28
Schedule;
29
(ii) the existence of rights conferred on a carrier under, or
30
because of, this Schedule in relation to a submarine
31
cable; and
32
Schedule 1 Protection of submarine cables
Part 1 Amendments to protect submarine cables
42 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(b) the acquisition of property would not be valid, apart from this
1
section, because a particular person had not been
2
compensated;
3
the carrier must pay that person:
4
(c) a reasonable amount of compensation agreed on between the
5
person and the carrier; or
6
(d) failing agreement--a reasonable amount of compensation
7
determined by a court of competent jurisdiction.
8
(2) In assessing compensation payable under this clause arising out of
9
an event, the following must be taken into account:
10
(a) any compensation obtained by the person as a result of an
11
agreement between the person and the carrier otherwise than
12
under this clause but arising out of the same event;
13
(b) any damages or compensation recovered by the person from
14
the carrier, or other remedy given, in a proceeding begun
15
otherwise than under this clause but arising out of the same
16
event.
17
(3) This clause does not limit the operation of clause 87.
18
(4) In this clause:
19
acquisition of property has the same meaning as in paragraph
20
51(xxxi) of the Constitution.
21
Part 5--Miscellaneous
22
23
89 Review of operation of this Schedule
24
(1) The ACA must conduct a review of, and report to the Minister on,
25
the operation of this Schedule within 5 years after the day on which
26
this Schedule commences.
27
(2) The Minister must cause a copy of the report to be laid before each
28
House of the Parliament within 15 sitting days of that House after
29
receiving the report.
30
7 At the end of clause 1 of Schedule 4
31
Add:
32
Protection of submarine cables Schedule 1
Amendments to protect submarine cables Part 1
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 43
; (za) a decision under clause 56 of Schedule 3A to refuse to grant
1
a protection zone installation permit, or to grant such a
2
permit subject to conditions;
3
(zb) a decision under clause 61 of Schedule 3A to refuse to extend
4
the duration of a protection zone installation permit;
5
(zc) a decision under clause 62 of Schedule 3A to suspend or
6
cancel a protection zone installation permit;
7
(zd) a decision under clause 69 of Schedule 3A to refuse to grant
8
a non-protection zone installation permit, or to grant such a
9
permit subject to conditions;
10
(ze) a decision under clause 76 of Schedule 3A to refuse to extend
11
the duration of a non-protection zone installation permit;
12
(zf) a decision under clause 77 of Schedule 3A to suspend or
13
cancel a non-protection zone installation permit.
14
Schedule 1 Protection of submarine cables
Part 2 Amendments required if the Australian Communications and Media Authority
Act 2005 commences before this Act
44 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
1
Part 2--Amendments required if the Australian
2
Communications and Media Authority Act
3
2005 commences before this Act
4
Telecommunications Act 1997
5
8 Clause 1 of Schedule 3A
6
Omit "ACA" (wherever occurring), substitute "ACMA".
7
9 Subclause 2(1) of Schedule 3A (definition of advisory
8
committee)
9
Repeal the definition, substitute:
10
advisory committee means an advisory committee established by
11
section 58 of the Australian Communications and Media Authority
12
Act 2005.
13
10 Subclause 2(1) of Schedule 3A (definition of protection
14
zone)
15
Omit "ACA", substitute "ACMA".
16
11 Clause 3 of Schedule 3A
17
Omit "ACA" (wherever occurring), substitute "ACMA".
18
12 Subclause 4(1) of Schedule 3A
19
Omit "ACA", substitute "ACMA".
20
Note:
The heading to clause 4 is altered by omitting "ACA" and substituting "ACMA".
21
13 Subclause 4(2) of Schedule 3A (including the note)
22
Omit "ACA" (wherever occurring), substitute "ACMA".
23
14 Paragraph 5(a) of Schedule 3A
24
Omit "ACA's", substitute "ACMA's".
25
Note:
The heading to clause 5 is altered by omitting "ACA's" and substituting "ACMA's".
26
15 Subclause 6(1) of Schedule 3A
27
Protection of submarine cables Schedule 1
Amendments required if the Australian Communications and Media Authority Act 2005
commences before this Act Part 2
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 45
Omit "ACA" (wherever occurring), substitute "ACMA".
1
Note:
The heading to subclause 6(1) is altered by omitting "ACA" and substituting "ACMA".
2
16 Subclause 6(2) of Schedule 3A
3
Omit "ACA" (wherever occurring), substitute "ACMA".
4
Note:
The heading to subclause 6(2) is altered by omitting "ACA" and substituting "ACMA".
5
17 Subclause 6(2) of Schedule 3A
6
Omit "ACA's", substitute "ACMA's".
7
18 Subclause 7(1) of Schedule 3A
8
Omit "ACA" (wherever occurring), substitute "ACMA".
9
19 Subclause 7(1) of Schedule 3A
10
Omit "ACA's", substitute "ACMA's".
11
20 Subclause 7(2) of Schedule 3A
12
Omit "ACA" (wherever occurring), substitute "ACMA".
13
21 Subclause 9(1) of Schedule 3A
14
Omit "ACA", substitute "ACMA".
15
22 Subclause 12(1) of Schedule 3A
16
Omit "ACA", substitute "ACMA".
17
23 Subclause 13(1) of Schedule 3A
18
Omit "ACA", substitute "ACMA".
19
24 Subclause 13(2) of Schedule 3A
20
Omit "ACA" (wherever occurring), substitute "ACMA".
21
25 Subclause 14(1) of Schedule 3A
22
Omit "ACA", substitute "ACMA".
23
26 Subclause 15(1) of Schedule 3A
24
Omit "ACA" (wherever occurring), substitute "ACMA".
25
Note
The heading to clause 15 is altered by omitting "ACA" and substituting "ACMA".
26
Schedule 1 Protection of submarine cables
Part 2 Amendments required if the Australian Communications and Media Authority
Act 2005 commences before this Act
46 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
27 Subclauses 16(1) and (3) of Schedule 3A
1
Omit "ACA", substitute "ACMA".
2
Note:
The heading to clause 16 is altered by omitting "ACA" and substituting "ACMA".
3
28 Subclause 17(1) of Schedule 3A
4
Omit "ACA", substitute "ACMA".
5
Note:
The heading to clause 17 is altered by omitting "ACA" and substituting "ACMA".
6
29 Paragraph 17(2)(b) of Schedule 3A
7
Omit "ACA", substitute "ACMA".
8
30 Clause 18 of Schedule 3A
9
Omit "ACA" (wherever occurring), substitute "ACMA".
10
31 Subclauses 19(1) and (2) of Schedule 3A
11
Omit "ACA" (wherever occurring), substitute "ACMA".
12
32 Clause 20 of Schedule 3A
13
Omit "ACA" (wherever occurring), substitute "ACMA".
14
Note:
The heading to clause 20 is altered by omitting "ACA" and substituting "ACMA".
15
33 Clause 21 of Schedule 3A
16
Omit "ACA" (wherever occurring), substitute "ACMA".
17
34 Clause 22 of Schedule 3A
18
Omit "ACA", substitute "ACMA".
19
35 Clause 22 of Schedule 3A
20
Omit "ACA's", substitute "ACMA's".
21
36 Subclauses 23(1) and (2) of Schedule 3A (including the
22
notes)
23
Omit "ACA" (wherever occurring), substitute "ACMA".
24
Note:
The heading to clause 23 is altered by omitting "ACA" and substituting "ACMA".
25
37 Paragraph 24(a) of Schedule 3A
26
Omit "ACA's", substitute "ACMA's".
27
Protection of submarine cables Schedule 1
Amendments required if the Australian Communications and Media Authority Act 2005
commences before this Act Part 2
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 47
Note:
The heading to clause 24 is altered by omitting "ACA's" and substituting "ACMA's".
1
38 Clause 25 of Schedule 3A
2
Omit "ACA" (wherever occurring), substitute "ACMA".
3
Note:
The heading to clause 25 is altered by omitting "ACA" and substituting "ACMA".
4
39 Subclauses 26(1) and (2) of Schedule 3A
5
Omit "ACA" (wherever occurring), substitute "ACMA".
6
Note:
The headings to subclauses 26(1) and (2) are altered by omitting "ACA" and substituting
7
"ACMA".
8
40 Subclause 26(2) of Schedule 3A
9
Omit "ACA's", substitute "ACMA's".
10
41 Clause 27 of Schedule 3A
11
Omit "ACA" (wherever occurring), substitute "ACMA".
12
42 Clause 27 of Schedule 3A
13
Omit "ACA's", substitute "ACMA's".
14
43 Clause 28 of Schedule 3A
15
Omit "ACA", substitute "ACMA".
16
44 Subclause 30(1) of Schedule 3A
17
Omit "ACA" (wherever occurring), substitute "ACMA".
18
Note:
The heading to clause 30 is altered by omitting "ACA" and substituting "ACMA".
19
45 Subclauses 31(1) and (3) of Schedule 3A
20
Omit "ACA", substitute "ACMA".
21
Note:
The heading to clause 31 is altered by omitting "ACA" and substituting "ACMA".
22
46 Subclause 32(1) of Schedule 3A
23
Omit "ACA", substitute "ACMA".
24
Note:
The heading to clause 32 is altered by omitting "ACA" and substituting "ACMA".
25
47 Paragraph 32(2)(b) of Schedule 3A
26
Omit "ACA", substitute "ACMA".
27
Schedule 1 Protection of submarine cables
Part 2 Amendments required if the Australian Communications and Media Authority
Act 2005 commences before this Act
48 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
48 Subclauses 33(1) and (2) of Schedule 3A
1
Omit "ACA" (wherever occurring), substitute "ACMA".
2
49 Clause 34 of Schedule 3A
3
Omit "ACA" (wherever occurring), substitute "ACMA".
4
Note:
The heading to clause 34 is altered by omitting "ACA" and substituting "ACMA".
5
50 Clause 35 of Schedule 3A
6
Omit "ACA" (wherever occurring), substitute "ACMA".
7
51 Subclause 47(1) of Schedule 3A
8
Omit "ACA" (wherever occurring), substitute "ACMA".
9
Note:
The heading to clause 47 is altered by omitting "ACA" and substituting "ACMA".
10
52 Subclause 47(1) of Schedule 3A
11
Omit "ACA's", substitute "ACMA's".
12
53 Clause 48 of Schedule 3A
13
Omit "ACA", substitute "ACMA".
14
54 Subclause 49(2) of Schedule 3A
15
Omit "ACA" (wherever occurring), substitute "ACMA".
16
55 Subclause 49(3) of Schedule 3A (definition of interested)
17
Omit "ACA", substitute "ACMA".
18
56 Clause 50 of Schedule 3A
19
Omit "ACA", substitute "ACMA".
20
57 Clause 51 of Schedule 3A
21
Omit "ACA", substitute "ACMA".
22
58 Paragraph 52(b) of Schedule 3A
23
Omit "ACA", substitute "ACMA".
24
59 Clause 53 of Schedule 3A
25
Protection of submarine cables Schedule 1
Amendments required if the Australian Communications and Media Authority Act 2005
commences before this Act Part 2
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 49
Omit "section 53 of the Australian Communications Authority Act
1
1997", substitute "section 60 of the Australian Communications and
2
Media Authority Act 2005".
3
60 Subclauses 55(1) and (2) of Schedule 3A
4
Omit "ACA" (wherever occurring), substitute "ACMA".
5
61 Subclause 56(1) of Schedule 3A
6
Omit "ACA", substitute "ACMA".
7
62 Subclause 56(2) of Schedule 3A
8
Omit "ACA" (wherever occurring), substitute "ACMA".
9
63 Subclauses 56(3) and (4) of Schedule 3A
10
Omit "ACA", substitute "ACMA".
11
64 Subclause 56(4) of Schedule 3A
12
Omit "ACA's", substitute "ACMA's".
13
65 Subclause 57(1) of Schedule 3A
14
Omit "ACA" (wherever occurring), substitute "ACMA".
15
66 Subclauses 57(2), (3) and (4) of Schedule 3A
16
Omit "ACA", substitute "ACMA".
17
67 Subclause 57(5) of Schedule 3A (definition of business
18
day)
19
Omit "ACA", substitute "ACMA".
20
68 Clause 58 of Schedule 3A
21
Omit "ACA" (wherever occurring), substitute "ACMA".
22
69 Clause 60 of Schedule 3A
23
Omit "ACA", substitute "ACMA".
24
70 Subclauses 61(1) and (2) of Schedule 3A
25
Omit "ACA", substitute "ACMA".
26
71 Subclause 61(3) of Schedule 3A
27
Schedule 1 Protection of submarine cables
Part 2 Amendments required if the Australian Communications and Media Authority
Act 2005 commences before this Act
50 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
Omit "ACA" (wherever occurring), substitute "ACMA".
1
72 Subclause 61(3) of Schedule 3A
2
Omit "ACA's", substitute "ACMA's".
3
73 Subclause 62(1) of Schedule 3A
4
Omit "ACA" (wherever occurring), substitute "ACMA".
5
74 Paragraph 62(2)(a) of Schedule 3A
6
Omit "ACA" (wherever occurring), substitute "ACMA".
7
75 Paragraph 62(2)(a) of Schedule 3A
8
Omit "ACA's", substitute "ACMA's".
9
76 Paragraph 62(2)(b) of Schedule 3A
10
Omit "ACA" (wherever occurring), substitute "ACMA".
11
77 Paragraph 62(2)(c) of Schedule 3A
12
Omit "ACA", substitute "ACMA".
13
78 Paragraph 62(2)(c) of Schedule 3A
14
Omit "ACA's", substitute "ACMA's".
15
79 Clause 64 of Schedule 3A
16
Omit "ACA", substitute "ACMA".
17
80 Paragraph 65(b) of Schedule 3A
18
Omit "ACA", substitute "ACMA".
19
81 Clause 66 of Schedule 3A
20
Omit "section 53 of the Australian Communications Authority Act
21
1997", substitute "section 60 of the Australian Communications and
22
Media Authority Act 2005".
23
82 Subclauses 68(1) and (2) of Schedule 3A
24
Omit "ACA" (wherever occurring), substitute "ACMA".
25
83 Subclause 69(1) of Schedule 3A
26
Omit "ACA" (wherever occurring), substitute "ACMA".
27
Protection of submarine cables Schedule 1
Amendments required if the Australian Communications and Media Authority Act 2005
commences before this Act Part 2
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 51
84 Subclause 69(2) of Schedule 3A
1
Omit "ACA" (wherever occurring), substitute "ACMA".
2
85 Subclauses 69(3) and (4) of Schedule 3A
3
Omit "ACA", substitute "ACMA".
4
86 Subclause 69(4) of Schedule 3A
5
Omit "ACA's", substitute "ACMA's".
6
87 Clause 70 of Schedule 3A
7
Omit "ACA" (wherever occurring), substitute "ACMA".
8
Note:
The heading to clause 70 is altered by omitting "ACA" and substituting "ACMA".
9
88 Clause 71 of Schedule 3A
10
Omit "ACA" (wherever occurring), substitute "ACMA".
11
Note:
The heading to clause 71 is altered by omitting "ACA" and substituting "ACMA".
12
89 Clause 72 of Schedule 3A
13
Omit "ACA" (wherever occurring), substitute "ACMA".
14
90 Subclauses 73(1) and (2) of Schedule 3A
15
Omit "ACA", substitute "ACMA".
16
91 Paragraph 73(2)(b) of Schedule 3A
17
Omit "ACA", substitute "ACMA".
18
92 Subclause 73(3) of Schedule 3A
19
Omit "ACA", substitute "ACMA".
20
93 Clause 75 of Schedule 3A
21
Omit "ACA", substitute "ACMA".
22
94 Subclauses 76(1) and (2) of Schedule 3A
23
Omit "ACA", substitute "ACMA".
24
95 Subclause 76(3) of Schedule 3A
25
Omit "ACA" (wherever occurring), substitute "ACMA".
26
Schedule 1 Protection of submarine cables
Part 2 Amendments required if the Australian Communications and Media Authority
Act 2005 commences before this Act
52 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
96 Subclause 76(3) of Schedule 3A
1
Omit "ACA's", substitute "ACMA's".
2
97 Subclause 77(1) of Schedule 3A
3
Omit "ACA" (wherever occurring), substitute "ACMA".
4
98 Paragraph 77(2)(a) of Schedule 3A
5
Omit "ACA" (wherever occurring), substitute "ACMA".
6
99 Paragraph 77(2)(a) of Schedule 3A
7
Omit "ACA's", substitute "ACMA's".
8
100 Paragraph 77(2)(b) of Schedule 3A
9
Omit "ACA" (wherever occurring), substitute "ACMA".
10
101 Paragraph 77(2)(c) of Schedule 3A
11
Omit "ACA", substitute "ACMA".
12
102 Paragraph 77(2)(c) of Schedule 3A
13
Omit "ACA's", substitute "ACMA's".
14
103 Paragraph 81(b) of Schedule 3A
15
Omit "ACA", substitute "ACMA".
16
104 Subclauses 86(1) and (3) of Schedule 3A
17
Omit "ACA", substitute "ACMA".
18
Note:
The heading to clause 86 is altered by omitting "ACA" and substituting "ACMA".
19
105 Subclause 89(1) of Schedule 3A
20
Omit "ACA", substitute "ACMA".
21
Other measures Schedule 2
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and
Other Measures) Bill 2005 No. , 2005 53
1
Schedule 2--Other measures
2
3
Telecommunications Act 1997
4
1 Clause 2 of Schedule 3 (definition of environment)
5
Repeal the definition, substitute:
6
environment has the same meaning as in the Environment
7
Protection and Biodiversity Conservation Act 1999.
8
2 At the end of Schedule 3
9
Add:
10
Part 3--Compensation for acquisition of property
11
12
62 Compensation for acquisition of property
13
(1) If:
14
(a) either of the following would result in an acquisition of
15
property from a person:
16
(i) anything done by a carrier under, or because of, this
17
Schedule;
18
(ii) the existence of rights conferred on a carrier under, or
19
because of, this Schedule in relation to a building,
20
structure or facility owned or operated by the carrier;
21
and
22
(b) the acquisition of property would not be valid, apart from this
23
clause, because a particular person had not been
24
compensated;
25
the carrier must pay that person:
26
(c) a reasonable amount of compensation agreed on between the
27
person and the carrier; or
28
(d) failing agreement--a reasonable amount of compensation
29
determined by a court of competent jurisdiction.
30
(2) In assessing compensation payable under this clause arising out of
31
an event, the following must be taken into account:
32
Schedule 2 Other measures
54 Telecommunications and Other Legislation Amendment (Protection of Submarine
Cables and Other Measures) Bill 2005 No. , 2005
(a) any compensation obtained by the person as a result of an
1
agreement between the person and the carrier otherwise than
2
under this clause but arising out of the same event;
3
(b) any damages or compensation recovered by the person from
4
the carrier, or other remedy given, in a proceeding begun
5
otherwise than under this clause but arising out of the same
6
event.
7
(3) This clause does not limit the operation of clause 42.
8
(4) In this clause:
9
acquisition of property has the same meaning as in paragraph
10
51(xxxi) of the Constitution.
11
63 Application of this Part
12
This Part applies in relation to:
13
(a) anything done by a carrier under, or because of, this Schedule
14
after the commencement of Schedule 2 to the
15
Telecommunications and Other Legislation Amendment
16
(Protection of Submarine Cables and Other Measures) Act
17
2005; and
18
(b) the existence of rights:
19
(i) in relation to a building, structure or facility owned or
20
operated by a carrier; and
21
(ii) that are conferred on a carrier under, or because of, this
22
Schedule on or after the commencement of Schedule 2
23
to the Telecommunications and Other Legislation
24
Amendment (Protection of Submarine Cables and Other
25
Measures) Act 2005.
26