Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      General objects of Act  
   4.      Effect of this Part  
   5.      Definitions  
   6.      End facilities  
   7.      Boundary of a reserved line link  
   8.      Facilities beyond the boundaries of a reserved line link  
   9.      Facilities within the boundaries of a telecommunications network comprising a reserved line link  
   10.     Other boundaries of a telecommunications network  
   11.     Regulations may determine network boundaries  
   12.     Basic rules  
   13.      Properties  
   14.     Combined areas  
   15.     Principal user of a property  
   16.     Eligible combined areas  
   17.     Equipment etc. connected to network  
   18.     Eligible services  
   19.     What constitutes supply of an eligible service under a class licence  
   20.     Meaning of customer equipment of same type  
   21.     Inclusion of a service in a BCS tariff  
   22.     Line links  
   23.     Facilities ancillary to a line link  
   24.     Reserved line links  
   25.     Public mobile telecommunications service  
   26.     Public access cordless telecommunications services  
   27.     Different kinds of telecommunications services  
   28.     When a carrier is in a position to dominate a market  
   29.     Extraterritorial operation  
   30.     Extension to external Territories  
   31.     Extension to adjacent areas  
   32.     Act binds the Crown  
   33.     Act subject to Radiocommunications Act  
   34.     AUSTEL  
   35.     AUSTEL is body corporate etc.  
   36.     General functions - overall responsibilities of AUSTEL  
   37.     General functions - promotion of competition  
   38.     General functions - protection of public interest and consumers  
   39.     General functions - numbering  
   40.     General functions - reports to Minister on competitive safeguards and carrier performance  
   41.     General functions - licensing  
   42.     General functions - technical regulation and setting of technical standards  
   43.     General functions - administering universal service levy arrangements  
   44.     Other functions  
   45.     General powers  
   46.     Power to give directions to carriers  
   47.     AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences  
   48.     General governmental obligations of AUSTEL  
   49.     Minister may notify AUSTEL of general policies of Commonwealth Government  
   50.     Minister may give directions to AUSTEL  
   51.     AUSTEL not otherwise subject to government direction  
   52.     Consultation  
   53.     Advisory committees  
   54.     Exercise of certain powers  
   55.     Objects  
   56.     Application for a licence  
   57.     Decision on application  
   58.     Revocation of licence  
   59.     Application for transfer of licence  
   60.     Decision on application  
   61.     Minister may delegate certain powers  
   62.     Conditions to which a licence is subject  
   63.     Conditions about certain matters  
   64.     Declaration of conditions of licences in a class  
   65.     Declaration of conditions of particular licences  
   66.     Notification and date of effect of instruments under sections 64 and 65  
   67.     Carrier consent required for change in licence period  
   68.     Minister to consult with carriers before changing licence conditions  
   69.     Reports by AUSTEL on proposed instruments about licence conditions  
   70.     Agreement with carrier about licences  
   71.     Prescribed carrier obligations  
   72.     Prescribed carrier obligation about untimed calls  
   73.     Continued access to untimed calls made using the standard telephone service  
   74.     Signatory must give effect to policies of Commonwealth Government  
   75.     Minister may notify carriers about conventions  
   76.     Carriers to comply with relevant conventions and foreign laws  
   77.     Minister may determine Code of Practice relating to dealings with international telecommunications operators  
   78.     Code of Practice binding on carriers  
   79.     Enforcement of Code of Practice  
   80.     Preparation of chart of accounts and cost allocation manual  
   81.     When chart or manual binds carrier  
   82.     AUSTEL may modify chart or manual as binding on a particular carrier  
   83.     Carrier to keep books and records in accordance with chart and manual  
   84.     Individual services to be priced and charged for separately  
   85.     AUSTEL may give directions about accounting and charging requirements  
   86.     AUSTEL may, for the purposes of this Part, inspect carrier's books and records  
   87.     Compliance with other laws  
   88.     Carriers' employees etc. not to disclose or use contents of communications etc.  
   89.     Declarations  
   90.     Reserved line links  
   91.     Facilities ancillary to reserved line links  
   92.     Supply of telecommunications services by satellite-based facilities  
   93.     Provision of public payphones  
   94.     Supply of public mobile telecommunications services  
   95.     Action to enforce this Part  
   96.     Acts done on behalf of a carrier  
   97.     Interpretation  
   98.     Line links used by transport authorities  
   99.     Line links used by broadcasters  
   100.    Line links authorised by or under previous laws  
   101.    Defence line links  
   102.    Restriction on use or disposal of certain reserved line links  
   103.    Supply by satellite of international service to operator of licensed earth station  
   104.    Satellite services for defence purposes  
   105.    This Division not limited by Division 3, 4 or 5  
   106.    Minister may direct AUSTEL in the use of its powers under this Division  
   107.    AUSTEL to comply with Ministerial directions  
   108.    AUSTEL may authorise use of certain facilities  
   109.    Terms and conditions of authorisation  
   110.    How long authorisation has effect  
   111.    Dealing with line link after authorisation ceases  
   112.    Variation of authorisations  
   113.    Revocation  
   114.    Effect of authorisation  
   115.    Reconsideration of decisions  
   116.    Regulations may exempt carriers from State and Territory laws  
   117.    National Code about carriers' exempt activities  
   118.    National Code binding on carriers  
   119.    AUSTEL may give directions about complying with National Code  
   120.    State and Territory laws that discriminate against carriers  
   121.    AUSTEL may limit carriers' tort liability in respect of supplying basic carriage services  
   122.    Effect of limitation determined by AUSTEL  
   123.    Ownership of telecommunications facilities  
   124.    Declaration of policy  
   125.    Carrier may request AUSTEL to give directions about a prescribed arrangement  
   126.    When AUSTEL may give directions  
   127.    Enforcement of directions against persons other than carriers  
   128.    Power to inspect land etc.  
   129.    Powers relating to installation of facilities etc.  
   130.    Trees may be cut etc.  
   131.    A general carrier may replace, repair and maintain facilities etc.  
   132.    Subdivider to pay for necessary alterations  
   133.    Power extends to carrier's employees etc.  
   134.    Carrier to do as little damage as practicable etc.  
   135.    Service of notices  
   136.    Objects  
   137.    Right to interconnection and related carriage  
   138.    Supplementary access conditions of licences  
   139.    AUSTEL's role in negotiations for access agreements  
   140.    Minister may determine principles to govern charging for access  
   141.    Access agreements must comply with charging principles  
   142.    Access agreements must be varied when charging principles change  
   143.    AUSTEL may advise carriers when to vary access agreements  
   144.    AUSTEL to keep register  
   145.    Effect of registration  
   146.    Application for registration  
   147.    Request for material to be put in the confidential part of the register  
   148.    Decision on request  
   149.    Effect of direction to include material in the confidential part  
   150.    Agreement not to be registered pending determination of request; effect of refusal  
   151.    Deregistration of agreements  
   152.    Certificate of registration under this Division  
   153.    Application of Division in relation to variation of access agreement  
   154.    Arbitration by AUSTEL of terms of access  
   155.    AUSTEL may extend time for giving its determination  
   156.    Determination under section 154 taken to be an access agreement  
   157.    Arbitration where carriers cannot agree on variation of access agreement  
   158.    Determination supersedes previous agreements and determinations  
   159.    AUSTEL's way of operating  
   160.    Constitution of AUSTEL for conduct of arbitration  
   161.    Presiding member  
   162.    Reconstitution of AUSTEL  
   163.    Determination of questions  
   164.    Previous activities as member of AUSTEL do not disqualify a member from participating in an arbitration  
   165.    Arbitration to be conducted in private unless the parties agree otherwise  
   166.    Steps to be taken in the arbitration  
   167.    Party may request AUSTEL to treat material as confidential  
   168.    AUSTEL may set up advisory panel  
   169.    Public inquiry about matter involved in arbitration  
   170.    The end of the arbitration  
   171.    Carriers must help AUSTEL conduct arbitration  
   172.    AUSTEL's arbitration jurisdiction is exclusive  
   173.    Declarations  
   174.    Basic carriage services  
   175.    Functions necessary for basic communications carriage  
   176.    AUSTEL may give opinions about what is a basic carriage service  
   177.    Public register of AUSTEL opinions  
   178.    AUSTEL opinions are advisory only  
   179.    AUSTEL may inquire into the unbundling of a basic carriage service  
   180.    Request to AUSTEL to hold unbundling inquiry  
   181.    Direction to carrier following inquiry  
   182.    How carrier must comply with direction  
   183.    Dominant carrier not to discriminate between acquirers of telecommunications services  
   184.    Carrier not to discriminate against resuppliers or their customers  
   185.    Exceptions  
   186.    Action for discrimination  
   187.    Dominant carrier not to favour itself when using its own basic carriage services to supply certain services  
   188.    In other cases, carrier may favour itself when using its own basic carriage service to supply a service  
   189.    Direction to carrier to make available information about its supply of basic carriage services  
   190.    Tariff of basic carriage services  
   191.    AUSTEL may disallow non-complying tariff  
   192.    Variation and revocation of BCS tariff  
   193.    AUSTEL may disallow variation that is contrary to section 192  
   194.    Basic carriage service must be tariffed if supplied to the public  
   195.    Dominant carrier may not use untariffed basic carriage services in supplying higher level services  
   196.    When carrier may restrict use of tariffed basic carriage service to use in supplying specified higher level services  
   197.    Dominant carrier must charge in accordance with its BCS tariff  
   198.    Non-dominant carrier must not exceed charges in its BCS tariff  
   199.    Effect of sections 197 and 198  
   200.    Terms and conditions in BCS tariff apply unless excluded  
   201.    BCS tariffs to be publicly available  
   202.    Supply of basic carriage service under registered access agreement  
   203.    Objects  
   204.    Minister may give directions to AUSTEL  
   205.    Directions to have general application only  
   206.    Directions not to affect pre-existing rights to supply services  
   207.    Carrier may ask Minister to give direction about use of interconnected radcom facilities  
   208.    Minister to consult carriers before varying or revoking a direction  
   209.    Issuing of class licences  
   210.    Consultation with carriers on proposed class licences  
   211.    Variation of class licences  
   212.    Consultation with carriers on proposed variations of class licences  
   213.    Publication of proposed restrictive variations of class licences  
   214.    Applications for variation of class licences  
   215.    Carriers to be consulted on proposed variations  
   216.    Carriers may make representations on proposed variations  
   217.    Variation of class licences  
   218.    Deemed refusal of applications etc.  
   219.    Notice of right to seek reconsideration  
   220.    Reconsideration of decisions  
   221.    Register of eligible services  
   222.    Registration of eligible services  
   223.    Deemed refusal of application for registration  
   224.    Reconsideration of refusals of applications for registration  
   225.    Class licence conditions requiring suppliers to enrol  
   226.    Roll of suppliers  
   227.    Enrolment of suppliers  
   228.    Declarations that services are unlicensed  
   229.    Declarations in respect of registered eligible services  
   230.    Reconsideration of declarations  
   231.    Effect of declarations  
   232.    Registration of unlicensed services  
   233.    Connection etc. of unlicensed services  
   234.    Carriers must connect eligible services  
   235.    Action for failure to connect eligible services  
   236.    Certain acts done under this Act do not breach Part IV of the Trade Practices Act  
   237.    Carrier may refuse to supply basic carriage service not included in its BCS tariff  
   238.    This Division does not limit other Trade Practices Act exceptions  
   239.    National numbering plan  
   240.    Matters affecting national numbering plan  
   241.    Services to be provided in accordance with national numbering plan  
   242.    Allocation of numbers  
   243.    Objects  
   244.    Determination of technical standards  
   245.    Carriers to comply with network standards  
   246.    Determination of technical standards  
   247.    Publication etc. of proposed technical standards  
   248.    Emergency determination of technical standards  
   249.    Adoption of technical standards  
   250.    Minister may give directions to AUSTEL  
   251.    Directions to have general application only  
   252.    Inconsistency with technical standards  
   253.    Connection of customer equipment for which there is no permit  
   254.    Disconnection of customer equipment for which there is no permit  
   255.    Sale of customer equipment for which there is no permit  
   256.    Register of customer equipment  
   257.    Applications for permits  
   258.    Issue of permits  
   259.    Deemed refusal of permits  
   260.    Variation of permits  
   261.    Applications for variation of permits  
   262.    Representations concerning variation of permits  
   263.    Cancellation of permits  
   264.    Representations concerning cancellation of permits  
   265.    Transfer of permits  
   266.    Accreditation etc. of test houses  
   267.    AUSTEL may limit application of Division in relation to customer equipment  
   268.    Performance of cabling work without licence etc.  
   269.    Register of cabling licences  
   270.    Applications for cabling licences  
   271.    Issue of cabling licences  
   272.    Deemed refusal of cabling licences  
   273.    Variation of cabling licences  
   274.    Applications for variation of cabling licences  
   275.    Representations concerning variation of cabling licences  
   276.    Cancellation of cabling licences  
   277.    Representations concerning cancellation of cabling licence  
   278.    Surrender of cabling licences  
   279.    Delegation of licensing  
   280.    AUSTEL may limit application of Division in relation to customer cabling  
   281.    Disconnection etc. of customer equipment or customer cabling  
   282.    Directions to pay compensation  
   283.    Action for unauthorised connection to telecommunications network of customer equipment or customer cabling  
   284.    Reconsideration of decisions  
   285.    Effect on operation of other laws  
   286.    Evidence  
   287.    Declarations of policy  
   288.    Universal service obligation  
   289.    Participating carriers  
   290.    Minister may declare universal service carriers  
           291. Effect of declaration: meaning of ``universal service carrier''  
   292.    Prescribed carrier obligation of universal service carrier  
   293.    Universal service carrier must propose service areas for declaration as net cost areas  
   294.    AUSTEL may declare net cost areas  
   295.    Minister may give directions about declaring net cost areas  
   296.    When a claim for a levy credit may be made  
   297.    No levy payable unless at least one claim for a levy credit is made  
   298.    AUSTEL to give other participating carriers copies of claims  
   299.    When a claim for a levy credit must be made  
   300.    Requirements with which a claim for a levy credit must comply  
   301.    Net universal service cost of a carrier for a financial year  
   302.    AUSTEL determinations about working out a carrier's net universal service cost  
   303.    Application of determinations under section 302  
   304.    Participating carrier must lodge return of timed traffic  
   305.    Timed traffic of a carrier for a financial year  
   306.    Timed traffic across networks operated by different carriers  
   307.    AUSTEL may inquire into the correctness of a claim or return  
   308.    AUSTEL to assess liabilities and entitlements  
   309.    Period within which assessment must be made  
   310.    Levy debit of a carrier for a financial year  
   311.    Levy debit balance of a carrier for a financial year  
   312.    Levy credit balance of a carrier for a financial year  
   313.    Publication of assessment  
   314.    Public may request information  
   315.    Carrier may request information that is unavailable under section 314  
   316.    How AUSTEL to comply with a request  
   317.    When levy payable  
   318.    Levy a debt due to the Commonwealth  
   319.    Validity of assessment  
   320.    Evidence of assessment  
   321.    Onus of establishing incorrectness of assessment  
   322.    Universal Service Fund  
   323.    Payments into Fund  
   324.    Purposes of Fund  
   325.    Levy distribution to participating carrier  
   326.    Levy not to be distributed until paid  
   327.    When inquiry must be held  
   328.    When inquiry may be held  
   329.    Informing the public about an inquiry  
   330.    Discussion paper  
   331.    Written submissions; protection from civil actions  
   332.    Public hearings  
   333.    Matters AUSTEL may investigate  
   334.    Complaints  
   335.    Investigations  
   336.    Preliminary inquiries  
   337.    Conduct of investigations  
   338.    Complainant and certain other persons to be informed of various matters  
   339.    Reference of matters to Ombudsman  
   340.    Reference of matters to Trade Practices Commission  
   341.    Effect of investigation by Auditor-General  
   342.    Reports on investigations  
   343.    AUSTEL may direct carrier to remedy breach of licence condition  
   344.    AUSTEL may direct carrier to fulfil prescribed carrier obligation  
   345.    Protection from civil actions  
   346.    Public register of information about investigations  
   347.    Application  
   348.    Enforcement of AUSTEL directions  
   349.    Pecuniary penalties for contraventions of AUSTEL directions  
   350.    Civil action for recovery of pecuniary penalties  
   351.    Remedies may be pursued at the same time  
   352.    Criminal proceedings not to be brought for contraventions of AUSTEL directions  
   353.    Recovery of damages for contravention of section 344 direction  
   354.    Application  
   355.    Enforcement of licence condition  
   356.    Pecuniary penalty for contravention of licence condition  
   357.    Civil action for recovery of pecuniary penalties  
   358.    Remedies may be pursued at the same time  
   359.    Criminal proceedings not to be brought for contravention of licence condition  
   360.    Appointment of inspectors  
   361.    Identity cards  
   362.    Searches to monitor compliance with Act etc.  
   363.    Offence-related searches and seizures  
   364.    Warrants may be granted by telephone  
   365.    Power to require information etc.  
   366.    Retention of books, records and documents  
   367.    Membership  
   368.    Appointment of members  
   369.    Associate members  
   370.    Qualification of members  
   371.    Times and places of meetings  
   372.    Notice of meetings  
   373.    Presiding at meetings  
   374.    Quorum  
   375.    Voting at meetings  
   376.    Conduct of meetings  
   377.    Resolutions without meetings  
   378.    Minutes  
   379.    Disclosure of interests  
   380.    Term of appointment  
   381.    Age limit  
   382.    Remuneration and allowances  
   383.    Outside employment  
   384.    Leave of absence  
   385.    Resignation  
   386.    Termination of appointment  
   387.    Terms and conditions of appointment etc.  
   388.    Acting appointments  
   389.    Money of AUSTEL  
   390.    Application and investment of money  
   391.    Estimates  
   392.    Limitation on contracts  
   393.    Application of Division 3 of Part XI of the Audit Act  
   394.    Liability to taxation  
   395.    Federal Court powers relating to injunctions  
   396.    Nature of unenforceability of agreements  
   397.    Review of decisions  
   398.    Statement to accompany notification of decision  
   399.    AUSTEL to review and report to Minister on competitive safeguards and carrier performance  
   400.    AUSTEL may obtain information and documents from carriers  
   401.    AUSTEL may obtain information and documents from persons other than carriers  
   402.    AUSTEL may waive fees  
   403.    Staff  
   404.    Consultants  
   405.    Delegation  
   406.    Regulations