Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Shipping and Aviation Support

Telecommunications Act 1991

Telecommunications Regulations (Amendment)

Section 406(1) of the Telecommunications Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 255 of the Act provides that a person must not sell or supply to another person customer equipment which does not have an AUSTEL permit in force, without first notifying the other person that there is no permit in force for the connection of the equipment to a telecommunications network. Section 255 also requires the regulations to set out the method of notifying the other person that there is no permit in force and enables the notice to set out the consequences of connecting the equipment without a permit.

Subsection 363(2) provides that a Magistrate may issue a search warrant in accordance with the form prescribed for the purposes of this subsection. The search warrant authorises AUSTEL inspectors to search for and seize a thing which may afford evidence as to the commission of certain offences under the Act including the offence in section 255.

The amendments to regulation 1 of the Telecommunications Regulations change the citation to the Telecommunications (General) Regulations.

New Regulation 7 sets out the requirements of the written notice to be given under section 255 of the Act for the sale of customer equipment for which there is no permit.

New Regulation 8 sets out the form of the search warrant that may be issued by a Magistrate under section 363 of the Act. The search warrant is set out in the Schedule.

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