Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 94

94. (1) Subject to sub-sections (2) and (3), a person other than the
Commission-

   (a)  shall not erect, maintain or operate a telecommunications installation
        within Australia; or

   (b)  attach a line, equipment or apparatus to a telecommunications system.

Penalty: Imprisonment of 2 years.

(2) Sub-section (1) does not apply to the erection, maintenance or operation
of telecommunications installations-

   (a)  by the Australian National Railways Commission or by the railway
        authority of a State, being installations required for the
        transmission, by lines located wholly within the boundaries of lands
        vested in the Australian National Railways Commission or in that
        authority, of communications the transmission of which is necessary
        for the working of the railways for which the Australian National
        Railways Commission or that authority is responsible;

   (b)  by an authority of a State responsible for operating tramway or
        omnibus services in the State, being installations required for the
        transmission, by line, of communications the transmission of which is
        necessary for the operation of the tramway or omnibus services for
        which the authority is responsible;

   (c)  by any person authorized by the Commission to do so under section 13
        to the extent and on the terms and conditions subject to which that
        person is so authorized under that section;

   (d)  by any person who is the holder of a licence under the Wireless
        Telegraphy Act, to the extent that the person is authorized by the
        terms of the licence;

   (e)  by the Australian Broadcasting Commission in relation to Division 3 of
        Part III of the Broadcasting and Television Act 1942-1974;

   (f)  by the holder of a licence under Part IV of the Broadcasting and
        Television Act 1942-1974 in accordance with the terms of the licence;

   (g)  by any person, being installations which are capable of use only for
        the transmission of communications within or upon land or premises of
        which he is the owner or occupier and which are used solely for his
        own purposes; or

   (h)  by the Overseas Telecommunications Commission in relation to Division
        3 of Part II of the Overseas Telecommunications Act 1946-1973 in so
        far as this applies to telecommunications installations and systems
        owned and operated by the Overseas Telecommunications Commission for
        communications between Australia and overseas and otherwise not
        inconsistent with the Overseas Telecommunications Act 1946-1973.

(3) Sub-section (1) does not apply to the attachment of a line, equipment or
apparatus to a telecommunications system to the extent that the attachment is
authorized by the Commission under section 13 and the terms and conditions
subject to which it is so authorized are complied with.

(4) The Commission may authorize a person to take possession of, remove or
destroy the whole or any part of a telecommunications installation
established, maintained or operated in contravention of this section and may
enter on premises at any reasonable hour of the day for that purpose.