Commonwealth Numbered Acts

TELECOMMUNICATIONS AMENDMENT ACT 1997 No. 48 of 1997 - SCHEDULE 1

Schedule 1-Amendments
Telecommunications Act 1991
Part 1-Emergency calls 1 Section 5
Insert:
emergency service number has the meaning given by section 242C. 2 Paragraph
88(3)(d)
Repeal the paragraph. 3 After subsection 88(3)
Insert:

(3A) This section does not prohibit a disclosure by a person of information or
a document if:

   (a)  the information or document came to the person's knowledge, or into
        the person's possession, because of a call to an emergency service
        number; and

   (b)  the information, or the contents of the document, consists of any or
        all of the following:

        (i)    a name;

        (ii)   a telephone number;

        (iii)  an address;

        (iv)   a location;

        (v)    the matter or matters raised by the call; and

   (c)  the disclosure is made to:

        (i)    a member of a police force or service; or

        (ii)   a member of a fire service; or

        (iii)  a member of an ambulance service; or

        (iv)   an emergency call person; or

        (v)    a member of a service specified in the national numbering plan
               for the purposes of this subparagraph; for purposes connected
               with dealing with the matter or matters raised by the call. 4
               Paragraph 88(4)(a)
After "(3)", insert "or (3A)". 5 Subsection 88(5)
Insert: emergency call person has the meaning given by section 88A. 6 After
section 88
Insert: 88A Emergency call persons

(1) For the purposes of this Part, an emergency call person is:

   (a)  a recognised person who operates an emergency call service; or

   (b)  an employee of such a person; or

   (c)  an emergency call contractor; or

   (d)  an employee of an emergency call contractor.

(2) A reference in this section to an emergency call service is a reference to
a service for:

   (a)  receiving and handling calls to an emergency service number; and

   (b)  providing information about such calls to:

        (i)    a police force or service; or

        (ii)   a fire service; or

        (iii)  an ambulance service; or

        (iv)   a service specified in the national numbering plan for the
               purposes of this subparagraph; for purposes connected with
               dealing with the matter or matters raised by the call.

(3) A reference in this section to a recognised person who operates an
emergency call service is a reference to a person who:

   (a)  operates an emergency call service; and

   (b)  is specified, in a written determination made by AUSTEL for the
        purposes of this paragraph, as:

        (i)    a national operator of emergency call services; or

        (ii)   a regional operator of emergency call services.

(4) A copy of a determination under paragraph (3)(b) is to be published in the
Gazette.

(5) A reference in this section to an emergency call contractor is a reference
to a person who performs services for or on behalf of a recognised person who
operates an emergency call service, but does not include a reference to a
person who performs such services in the capacity of an employee of the person
who operates the emergency call service. 7 After section 242B
Insert: 242C Emergency service numbers

(1) The object of this section is to identify numbers for use in connection
with emergencies that are likely to require the provision of assistance by any
or all of the following services:

   (a)  a police force or service;

   (b)  a fire service;

   (c)  an ambulance service;

   (d)  a service specified in the national numbering plan for the purposes of
        this paragraph.

(2) For the purposes of this Act, an emergency service number is a number
specified in the national numbering plan for the purposes of this subsection.

(3) The national numbering plan may specify different numbers for use in
different areas.

(4) The national numbering plan may specify different numbers for use in
connection with different types of services.
Part 2-Numbering charges 8 Subsection 242A(3)
Omit " Telecommunications (Numbering Fees) Act 1991", substitute
"Telecommunications (Numbering Charges) Act 1991". 9 At the end of Division 2
of Part 11
Add: 242D Collection of numbering charges Definitions

(1) In this section:
late payment penalty means an amount that is payable by way of penalty in
accordance with a determination under subsection (3).
numbering charge means a charge imposed by the Telecommunications (Numbering
Charges) Act 1991. When numbering charge due and payable

(2) A numbering charge is due and payable at the time ascertained in
accordance with a written determination made by AUSTEL. The time must not be
later than 15 June in the financial year in which the numbering charge is
imposed. Late payment penalty

(3) AUSTEL may, by written instrument, determine that, if any numbering charge
payable by a person remains unpaid after the time when it became due for
payment, the person is liable to pay the Commonwealth, by way of penalty, an
amount calculated at the rate of:

   (a)  20% per annum; or

   (b)  if the determination specifies a lower percentage-that lower
        percentage per annum; on the amount unpaid, computed from that time.
        Determination has effect

(4) A determination under subsection (3) has effect accordingly. Remission of
penalty

(5) A determination under subsection (3) may authorise AUSTEL to make
decisions about the remission of the whole or a part of an amount of late
payment penalty. Payment of numbering charge and late payment penalty

(6) Numbering charge and late payment penalty are payable to AUSTEL on behalf
of the Commonwealth. Recovery of numbering charge and penalty

(7) Numbering charge and late payment penalty may be recovered by AUSTEL, on
behalf of the Commonwealth, as debts due to the Commonwealth. Payment into
Consolidated Revenue Fund

(8) Amounts received by way of numbering charge or late payment penalty must
be paid into the Consolidated Revenue Fund. Withdrawal of number for
non-payment of numbering charge

(9) If any numbering charge payable by a person in relation to a number
remains unpaid after the time when it became due for payment, AUSTEL may, by
written notice given to the person, withdraw the number. A number withdrawn
under this subsection is taken to be recovered by AUSTEL in accordance with
the national numbering plan. Disallowable instrument

(10) A determination under subsection (2) or (3) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation  Act 1901 . 242E
Collection of charges on behalf of the Commonwealth
AUSTEL may enter into an arrangement with a person under which the person may,
on behalf of the Commonwealth, collect payment of charge imposed by the
Telecommunications (Numbering Charges) Act 1991. 10 After paragraph 397(1)(d)
Insert:

   (da) a decision of a kind referred to in subsection 242D(5) (which deals
        with remission of late payment penalty);

   (db) a decision under subsection 242D(9) (which deals with the withdrawal
        of numbers);

[Minister's second reading speech made in-
House of Representatives on 30 October 1996
Senate on 10 February 1997]