Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (GENERAL) REGULATIONS (AMENDMENT) 1995 NO. 241

STATUTORY RULES 1995 No. 241

Issued by the Authority of the Minister for Communications and the Arts

Telecommunications Act 1991

Telecommunications (General) Regulations (Amendment)

Section 406 of the Telecommunications Act 1991 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

The Government announced on 4 September 1991 that all Commonwealth laws would be extended to the Indian Ocean Territories (IOTs), Christmas Island and the Cocos (Keeling) islands, as part of the Government's policy of integrating the IOTs into Australia.

Certain provisions of the Act do not apply to territories which are prescribed for the purposes of section 5 of the Act as "prescribed external territories". These provisions are set out in the Attachment.

Before this amendment to the Regulations, Regulation 3 of the Telecommunications (General) Regulations prescribed the IOTs as prescribed external territories. Thus the provisions in the Attachment did not apply to the IOTs. These relate to untimed local calls, public payphones, mobile telecommunications services and the universal service obligation.

Regulation 2 of these Regulations omits Regulation 3 and substitutes a new Regulation 3, which prescribes the IOTs for the purposes of section 30 of the Act. Section 30 of the Act provides that the Act extends to such external territories (if any) as are prescribed.

Regulation 3 will ensure that the Act extends to the IOTs in its entirety. This fulfils the Government's policy of extending Commonwealth laws to the IOTs.

ATTACHMENT

Subsection 73(2) of the Act imposes on the general carriers (Telstra and Optus), the obligation to continue to provide access to untimed local calls to people in Australia using the standard telephone service. Subsection 73(3) provides that, in section 73, "Australia" does not include the prescribed external territories.

Subsections 93(1) and (2) have the effect that only general carriers may install public payphones within Australia. Subsection 93(3) provides that, in section 93 "Australia" does not include the prescribed external territories.

Subsections 94(1) and (3) of the Act have the effect that public mobile carriers, or a person using a mobile carrier's public mobile service, are the only people who may provide public mobile telecommunications services for carrying communications between two distinct places within Australia or between Australia and places outside Australia. Subsection 94(2) provides that in subsection 94(1), "Australia" does not include the prescribed external territories.

Section 288 sets out the Universal Service Obligation, that is the obligation to ensure that the standard telephone service and payphones are reasonably accessible to all people in Australia on an equitable basis. Subsection 288(6) provides that in section 288, "Australia" does not include the prescribed external Territories to which this Act extends.