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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Government Telecommunications
Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Government Telecommunications Act 2018 No 67 3
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act
2002 No 103 12
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Government Telecommunications
Amendment Bill 2022
Act No , 2022
An Act to amend the Government Telecommunications Act 2018 to provide for the functions of
the New South Wales Government Telecommunications Authority and emergency
telecommunications network operators in relation to telecommunications infrastructure; and for
other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Government Telecommunications Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Government Telecommunications Amendment Act 2022.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Government Telecommunications Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
Schedule 1 Amendment of Government Telecommunications
Act 2018 No 67
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
authorised officer means an authorised officer appointed under section 43A.
emergency telecommunications network operator, or ETNO, means an
emergency services organisation within the meaning of the State Emergency
and Rescue Management Act 1989 that--
(a) establishes or uses an alternative telecommunications network for
operational communications, or
(b) establishes a telecommunications network under section 42.
premises, for Part 5A--see section 34B.
tree, for Part 5A--see section 34B.
[2] Section 34 Access to Authority's infrastructure
Omit "agent of the Authority" wherever occurring.
Insert instead "authorised officer".
[3] Section 34A
Insert after section 34--
34A Deemed access to government-owned infrastructure
(1) This section applies to--
(a) land--
(i) on which infrastructure owned or operated by a government
sector agency or State owned corporation is located, and
(ii) that is not subject to an agreement with the Authority or an ETNO
for access to the infrastructure, and
(b) land adjoining land specified in paragraph (a).
(2) An authorised officer may enter and occupy the land and a building on the
land--
(a) during daylight hours, or
(b) in an emergency--at any time.
(3) The power conferred by this section may be used only--
(a) for the purposes of installing telecommunications equipment on
infrastructure owned or operated by a government sector agency or
State owned corporation, and
(b) in accordance with the site assessment process in the Property and
Infrastructure Management Strategy.
(4) The authorised officer must not exercise a power under this section unless--
(a) reasonable written notice of the authorised officer's intention to
exercise the power has been given to the occupier of the land, or
(b) the authorised officer reasonably believes the giving of notice would
cause undue delay having regard to the urgency of the reason for
exercising the power.
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Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
(5) Nothing in this section authorises an authorised officer to--
(a) enter part of a building used for residential purposes without the consent
of the occupier of that part, or
(b) occupy a classified road within the meaning of the Roads Act 1993
without the consent of--
(i) Transport for NSW, constituted under the Transport
Administration Act 1988, or
(ii) the roads authority, within the meaning of the Roads Act 1993.
[4] Part 5A
Insert before Part 6--
Part 5A Powers and duties of Authority and ETNOs
Division 1 Interpretation
34B Definitions
In this Part--
premises includes the following--
(a) a building or part of a building,
(b) a structure or part of a structure,
(c) land, whether or not built on,
(d) a river, lake or other waters.
tree includes a shrub or other plant.
Division 2 Powers and duties relating to telecommunications
infrastructure
34C Interference with telecommunications infrastructure by trees
(1) This section applies if the Authority or an ETNO reasonably believes that a
tree situated on premises could--
(a) destroy, damage or interfere with the Authority's or the ETNO's
telecommunications infrastructure, or
(b) make the Authority's or the ETNO's telecommunications infrastructure
become--
(i) a potential cause of bush fire, or
(ii) a potential risk to public safety.
(2) The Authority or the ETNO--
(a) may serve a written notice on the owner of the premises requiring the
owner to trim or remove the tree (a tree removal notice), or
(b) in an emergency--may, at the Authority's or the ETNO's own expense,
trim or remove the tree.
(3) A tree removal notice must specify--
(a) the work to be carried out, and
(b) a reasonable time within which the work must be carried out.
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Government Telecommunications Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
(4) A tree removal notice must include an undertaking by the Authority or the
ETNO to pay the reasonable costs of carrying out the work unless--
(a) an owner or occupier of the premises planted the tree, or permitted the
tree to be planted--
(i) after the telecommunications infrastructure was installed, and
(ii) in circumstances in which the owner or occupier should have
known that destruction of, damage to or interference with the
infrastructure would result, or
(b) when the tree was planted, the premises in or on which the tree is
located, and on or over which the infrastructure is located, was the
subject of an easement for the benefit of--
(i) the Authority or the ETNO, or
(ii) a predecessor of the Authority or the ETNO.
(5) If the work is not carried out as required by the tree removal notice, the
Authority or the ETNO may carry out the work.
(6) The cost of the work carried out by the Authority or the ETNO may be
recovered by the Authority or the ETNO in a court of competent jurisdiction
as a debt owed to the Authority or the ETNO by the owner of the premises on
which the tree is located, but only in the circumstances referred to in
subsection (4).
(7) This section applies despite the existence of--
(a) a tree preservation order in relation to the tree, or
(b) an environmental planning instrument relating to the land on which the
tree is located, other than a State environmental planning policy.
(8) Nothing done for the purpose of carrying out the work required by a tree
removal notice constitutes an offence against a law under which a tree
preservation order or environmental planning instrument, other than a State
environmental planning policy, relating to the land is made.
34D Protected trees not to be removed
(1) Section 34C does not apply to a tree--
(a) within a protected area, or
(b) that is the subject of or is within an area the subject of--
(i) an interim heritage order, or a listing on the State Heritage
Register, under the Heritage Act 1977, or
(ii) an order in force under the Heritage Act 1977, section 136, or
(iii) an interim protection order under the National Parks and Wildlife
Act 1974, or
(iv) a protection conferred by a similar law.
(2) In this section--
indigenous protected area means an area--
(a) the subject of a voluntary agreement with traditional owners or
custodians of the land in the area, and
(b) recognised by the Commonwealth as part of Australia's National
Reserve System.
protected area means an area within--
(a) an indigenous protected area, or
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Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
(b) land reserved or zoned for environmental protection purposes under the
Environmental Planning and Assessment Act 1979, or
(c) a flora reserve within the meaning of the Forestry Act 2012, or
(d) a public reserve within the meaning of the Local Government Act 1993,
or
(e) land reserved under the National Parks and Wildlife Act 1974, section
30A.
34E Obstruction of telecommunications infrastructure by structures
(1) This section applies if the Authority or an ETNO reasonably believes--
(a) structures or things situated in, on or near the Authority's or the
ETNO's telecommunications infrastructure could--
(i) destroy, damage or interfere with the functioning of the
infrastructure, or
(ii) make the infrastructure become--
(A) a potential cause of bush fire, or
(B) a potential risk to public safety, or
(b) structures or things could--
(i) cause interference to radio frequency transmissions to or from the
Authority's or the ETNO's telecommunications infrastructure, or
(ii) obstruct transmission paths to or from the infrastructure.
(2) The Authority or the ETNO may serve a written notice on the owner of the
structure or thing requiring the owner to modify or remove the structure or
thing.
(3) The cost of work carried out in accordance with a requirement in the written
notice is to be paid by the person served with the notice.
(4) The Authority or the ETNO may, in an emergency, modify or remove the
structure or thing itself, instead of serving a written notice.
(5) The written notice--
(a) must specify the work to be carried out, and
(b) must specify a reasonable time within which the work must be carried
out, and
(c) may require that vegetation near the structure or thing is managed in
accordance with the Standards for Asset Protection Zones published on
the website of the NSW Rural Fire Service from time to time.
(6) If the owner fails to carry out the work as required by the notice, the Authority
or the ETNO may carry out the work.
(7) The Authority or the ETNO may apply for an injunction to prevent a structure
or thing being placed in, on or near the Authority's or the ETNO's
telecommunications infrastructure.
34F Recovery of costs of removing obstructions of telecommunications
infrastructure
(1) The following costs (the recoverable costs) may be recovered by the Authority
or an ETNO, as appropriate, in a court of competent jurisdiction as a debt owed
to the Authority or the ETNO by the owner of the structure or thing--
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Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
(a) the costs of carrying out work after serving a notice under section
34E(2),
(b) the costs of repairing damage done to the Authority's or the ETNO's
telecommunications infrastructure by the structure or thing.
(2) The Authority or the ETNO may take action under this section even if the
person having control of the structure or thing owns or occupies the land in, on
or over which the Authority's or the ETNO's telecommunications
infrastructure is situated.
(3) The Authority or the ETNO is not authorised to recover recoverable costs from
a person referred to in subsection (2) if the structure or thing was lawfully in
place--
(a) before the installation of the telecommunications infrastructure, or
(b) with the agreement of the Authority or the ETNO.
(4) If subsection (3) applies--
(a) the recoverable costs are to be paid by the Authority or the ETNO, and
(b) the Authority or the ETNO is liable to the owner of the structure or thing
for any loss or damage suffered by the owner as a consequence of the
work referred to in section 34E(6).
34G Excavation work affecting telecommunications infrastructure
(1) This section applies if the Authority or an ETNO reasonably believes that the
carrying out, or proposed carrying out, of excavation work in, on or near the
Authority's or the ETNO's telecommunications infrastructure could--
(a) destroy, damage or interfere with the infrastructure, or
(b) make the infrastructure become--
(i) a potential cause of bush fire, or
(ii) a potential risk to public safety.
(2) The Authority or the ETNO may serve a written notice on the person carrying
out or proposing to carry out the excavation work requiring the person--
(a) to modify the excavation work, or
(b) not to carry out the excavation work, if the Authority or the ETNO
reasonably believes that modifying the excavation work will not be
effective in--
(i) preventing the destruction or damage of, or interference with, the
telecommunications infrastructure, or
(ii) preventing the infrastructure becoming a potential cause of bush
fire or a potential risk to public safety.
(3) The notice must specify the excavation work to be modified or not carried out.
(4) The Authority or the ETNO may recover the following costs in a court of
competent jurisdiction as a debt owed to the Authority or the ETNO by the
person who carried out excavation work the subject of the notice other than in
accordance with the notice--
(a) the costs incurred in replacing the telecommunications infrastructure
destroyed by the excavation work,
(b) the costs incurred in repairing damage to the telecommunications
infrastructure caused by the excavation work,
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Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
(c) the costs incurred in remedying or mitigating interference with the
telecommunications infrastructure caused by the excavation work.
(5) The Authority or an ETNO may apply for an injunction to prevent the carrying
out of excavation work in, on or near the Authority's or the ETNO's
telecommunications infrastructure.
(6) The Authority or an ETNO may take action under this section even if the
person carrying out the excavation work owns or occupies the land in, on or
over which the telecommunications infrastructure is situated.
Division 3 Powers of entry relating to telecommunications
infrastructure
34H Powers of entry
(1) An authorised officer may enter premises for the purpose of exercising a
function conferred or imposed on the Authority or an ETNO under this or
another Act or law, including--
(a) carrying out preliminary investigations in connection with the proposed
installation or extension of telecommunications infrastructure, or
(b) installing, extending, maintaining, repairing or removing
telecommunications infrastructure, or
(c) ascertaining whether an offence against this Act or the regulations has
been committed, or
(d) inspecting or disconnecting telecommunications infrastructure that the
Authority or the ETNO is required or permitted to inspect or disconnect
under this or another Act or law, or
(e) exercising a function conferred on the Authority or the ETNO under
Division 2.
(2) An authorised officer may, with necessary vehicles, plant and equipment,
enter public or private premises, including adjacent and connecting premises,
for the following operational purposes relating to telecommunications
infrastructure--
(a) inspection,
(b) installation,
(c) maintenance, including generator refuelling,
(d) repair,
(e) decommissioning,
(f) another purpose prescribed by the regulations.
(3) An authorised officer may only exercise a power of entry under this section--
(a) during daylight hours, or
(b) in an emergency--at any time.
34I Notice of entry
(1) Before an authorised officer exercises a power of entry under this Division, the
Authority or an ETNO must give the owner or occupier of the premises written
notice of the intention to enter the premises.
(2) The notice must--
(a) state the purpose for which the power is to be exercised, and
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Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
(b) specify the day on which the authorised officer intends to enter the
premises, and
(c) be given to the owner or occupier of the premises before that day.
(3) Notice is not required to be given to the owner or occupier of the premises if--
(a) the owner or occupier consents to the entry, or
(b) entry is required for an emergency.
34J Certificates of authority to enter premises
(1) A power of entry under this Division may not be exercised by an authorised
officer unless the authorised officer--
(a) has a certificate of authority issued by the Authority or an ETNO, and
(b) produces the certificate if requested by the owner or occupier of the
premises.
(2) The certificate of authority must--
(a) state that the certificate is issued under this Act, and
(b) state the name of the person to whom the certificate is issued, and
(c) describe the nature of the powers conferred on the person and the source
of the powers, and
(d) state the date, if any, on which the certificate expires, and
(e) describe the kind of premises to which the power extends, and
(f) be issued under the authority of--
(i) for an authorised officer for the Authority--the Managing
Director, or
(ii) for an authorised officer for an ETNO--the principal officer of
the ETNO.
34K Use of force
(1) An authorised officer may use reasonable force for the purpose of gaining
entry to premises, other than part of a building being used for residential
purposes, under a power conferred by this Division.
(2) Reasonable force may only be used with the written approval of the Authority
or an ETNO.
(3) The approval must--
(a) be given in relation to the particular entry, and
(b) specify the circumstances that must exist before reasonable force may
be used.
34L Notification of use of force or urgent entry
(1) An authorised officer must promptly advise the Authority or the ETNO if the
authorised officer--
(a) uses force for the purpose of gaining entry to premises, or
(b) enters premises in an emergency without giving written notice to the
owner or occupier of the premises.
(2) Following entry under subsection (1), the Authority or the ETNO must give
notice of the entry to the person who appears to the Authority or the ETNO to
be appropriate in the circumstances.
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34M Care to be taken
(1) In the exercise of a power under this Division, an authorised officer must do
as little damage as possible.
(2) As far as practicable, entry onto fenced land must--
(a) be made through an existing opening in the enclosing fence, or
(b) if entry through an existing opening is not practicable--through a new
opening.
(3) A new opening made under this section must be properly closed when the need
for entry ends.
(4) If, in the exercise of a power under this Division, a pit, trench, hole or bore is
made, the Authority or the ETNO must, if the owner or occupier of the land
requires--
(a) fence the pit, trench, hole or bore, and
(b) keep the pit, trench, hole or bore securely fenced for as long as it
remains open or not sufficiently sloped down, and
(c) without unnecessary delay, fill up, level or sufficiently slope down the
pit, trench, hole or bore.
34N Recovery of cost of entry and inspection
(1) This section applies if an authorised officer enters premises to carry out an
inspection and, as a result of the inspection, the Authority or an ETNO requires
work to be carried out on the premises.
(2) The Authority or the ETNO may recover the reasonable costs of the entry and
inspection from the owner or occupier of the premises.
34O Compensation
(1) The Authority or an ETNO must pay compensation to the owner or occupier
of premises over which a power has been exercised under this Division for loss
or damage arising from the exercise of the power.
(2) However, the Authority or the ETNO is not liable to the extent to which the
loss or damage arises from work done for the purposes of an inspection which
reveals there has been a contravention by the owner or occupier of a provision
of this Act or the regulations.
34P Entry to residential premises
A power of entry under this Division is not exercisable in relation to a part of
a building used for residential purposes except--
(a) with the consent of the occupier of that part of the premises, or
(b) under the authority conferred by a warrant of entry issued under section
34Q.
34Q Warrants of entry
(1) The Authority or an ETNO may apply to an issuing officer if the Authority or
the ETNO reasonably believes that it is necessary for an authorised officer to
enter and inspect premises, including a building used for residential purposes,
for the purposes of this Act.
(2) An issuing officer to whom the application is made may, if satisfied there are
reasonable grounds for doing so, issue a warrant of entry authorising an
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Schedule 1 Amendment of Government Telecommunications Act 2018 No 67
authorised officer named in the warrant to enter and inspect the premises for
the purposes of this Act.
(3) The Law Enforcement (Powers and Responsibilities) Act 2002, Part 5,
Division 4 applies to a warrant of entry under this section in the same way it
applies to a search warrant under that Act.
(4) In this section--
issuing officer means an authorised officer within the meaning of the Law
Enforcement (Powers and Responsibilities) Act 2002.
[5] Sections 43A and 43B
Insert after section 43--
43A Authorised officers
(1) The Authority or an ETNO may appoint authorised officers for the purposes
of this Act.
(2) An authorised officer has the functions specified in this Act, including the
following--
(a) to carry out inspections in connection with the proposed installation or
extension of telecommunications equipment and infrastructure,
(b) to install, extend, inspect, maintain, repair and disconnect
telecommunications equipment and infrastructure,
(c) to investigate compliance with the requirements imposed by or under
this Act.
43B Obstruction or impersonation of authorised officers
A person must not--
(a) prevent an authorised officer from exercising a function conferred or
imposed on the authorised officer under this Act, or
(b) hinder or obstruct an authorised officer in the exercise of a function, or
(c) impersonate an authorised officer.
Maximum penalty--
(a) for a corporation--200 penalty units, or
(b) otherwise--50 penalty units.
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Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103
Schedule 2 Search warrants under other Acts
Insert in alphabetical order--
Government Telecommunications Act 2018, section 34Q
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