New South Wales Consolidated Acts

GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 17

17 Minister may authorise alternative telecommunications networks

(1) The Minister may authorise a government sector agency to establish or use an alternative telecommunications network for operational communications if the Minister is satisfied that--

(a) the Government telecommunications network is not available to the agency due to geographical or technological limitations, or

(b) the government sector agency has a need to establish local telecommunications networks for short periods for events or recurring circumstances or situations, or

(c) the total cost of the alternative telecommunications network will not exceed $500,000, or

(d) the alternative telecommunications network is for an event or circumstance, or class of events or circumstances, prescribed by the regulations.

(2) In authorising the establishment or use of an alternative telecommunications network, the Minister may impose the conditions the Minister considers appropriate.

(3) A government sector agency must, before asking the Minister to authorise the establishment or use of an alternative telecommunications network, consult with the Authority to ensure the proposed alternative telecommunications network will not interfere with, or otherwise affect the operation of, the Government telecommunications network.

(4) A request by a government sector agency that the Minister authorise the establishment or use of an alternative telecommunications network must be in the form approved by the Minister and must contain the information the Minister requires.

(5) Before authorising the establishment or use of an alternative telecommunications network, the Minister is to consult with the Authority and any other person the Minister thinks fit in relation to the proposed alternative telecommunications network, the purposes for which it may be used and conditions to which the authorisation should be subject.

(6) It is a condition of an authorisation granted to a government sector agency under this section that the government sector agency must not cause or permit an upgrade, expansion or other enhancement to an alternative telecommunications network unless--

(a) the upgrade, expansion or other enhancement is permitted in accordance with the terms of the authorisation, or

(b) a request is made to the Minister to authorise the upgrade, expansion or other enhancement and the request is approved by the Minister.

(7) If a request is made to upgrade, expand or otherwise enhance an alternative telecommunications network, the Minister is to consider the request, and this section applies in relation to the request, as if it were a request to approve an alternative telecommunications network comprising the existing alternative telecommunications network together with the proposed upgrade, expansion or other enhancement.