Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties, not exceeding 10 penalty units, for offences against the regulations.
No. 47, 1997
Compilation No. 112
Compilation date: 25 October 2024
Includes amendments: Act No. 93, 2024
This compilation is in 3 volumes
Volume 3: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Telecommunications Act 1997 that shows the text of the law as amended and in force on 25 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Schedule 1--Standard carrier licence conditions
Part 1--Compliance with this Act
1 Compliance with this Act
Part 3--Access to supplementary facilities
16 Simplified outline
17 Access to supplementary facilities
18 Terms and conditions of access
19 Ministerial pricing determinations
Part 4--Access to network information
20 Simplified outline
21 Access to network information
22 Access to information in databases
23 Access to network planning information
24 Access to information about likely changes to network facilities--completion success rate of calls
25 Access to quality of service information etc.
26 Security procedures
27 Terms and conditions of compliance
27A Code relating to access to information
28 Ministerial pricing determinations
29 Consultation about reconfiguration etc.
29A Code relating to consultation
Part 5--Access to telecommunications transmission towers and to underground facilities
30 Simplified outline
31 Definitions
32 Extended meaning of access
33 Access to telecommunications transmission towers
34 Access to sites of telecommunications transmission towers
35 Access to eligible underground facilities
36 Terms and conditions of access
37 Code relating to access
38 Industry co - operation about sharing of sites and eligible underground facilities
39 This Part does not limit Part 3 of this Schedule
Part 6--Inspection of facilities etc.
40 Simplified outline
41 Records relating to underground facilities
42 Regular inspection of facilities
43 Prompt investigation of dangerous facilities
44 Remedial action
Part 7--Any - to - any connectivity
44A Simplified outline
45 Definitions
46 Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any - to - any connectivity
47 Designated interconnection services
Part 9--Functional separation of Telstra
Division 1--Introduction
68 Simplified outline
69 Definitions
70 Declared network services
71 Regulated services
72 Notional contracts
Division 2--Functional separation undertaking
73 Contents of draft or final functional separation undertaking
74 Functional separation principles
75 Functional separation requirements determination
76 Draft functional separation undertaking to be given to Minister
77 Approval of draft functional separation undertaking by Minister
78 Time limit for making an approval decision
79 Effect of approval
80 Variation of final functional separation undertaking
81 Publication of final functional separation undertaking
82 Compliance with final functional separation undertaking
Part 10--Control and use by Telstra of certain spectrum licences
Division 1--Introduction
83 Simplified outline
Division 2--Control and use by Telstra of certain spectrum licences
84 Control by Telstra of certain spectrum licences
85 Use by Telstra of certain spectrum licences
Division 3--Other provisions
86 Associate
87 Control
88 When Telstra is in a position to exercise control of a spectrum licence
Schedule 2--Standard service provider rules
Part 1--Compliance with this Act
1 Compliance with this Act
Part 2--Operator services
2 Simplified outline
3 Scope of Part
4 Operator services must be provided to end - users of a standard telephone service
5 Access to end - users of other carriage service providers
Part 3--Directory assistance services
6 Simplified outline
7 Directory assistance services must be provided to end - users
8 Access by end - users of other carriage service providers
Part 4--Integrated public number database
9 Simplified outline
10 Carriage service providers must give information to Telstra Limited
11 Carriage service providers must give information to another person or association
Part 5--Itemised billing
12 Simplified outline
13 Itemised billing
14 Exemptions from itemised billing requirements
15 Details that are not to be specified in an itemised bill
Part 6--Priority assistance
16 Simplified outline
17 Priority assistance industry code
18 Compliance with the priority assistance industry code
19 Information for prospective residential customers of a carriage service provider who does not offer priority assistance
20 Requirements for Telstra Limited and Telstra
Schedule 3--Carriers' powers and immunities
Part 1--General provisions
Division 1--Simplified outline and definitions
1 Simplified outline
3 Designated overhead line
4 Extension to a tower to be treated as the installation of a facility
Division 2--Inspection of land
5 Inspection of land
Division 3--Installation of facilities
6 Installation of facilities
Division 4--Maintenance of facilities
7 Maintenance of facilities
Division 5--Conditions relating to the carrying out of authorised activities
8 Carrier to do as little damage as practicable
8A Carrier to remove temporary facilities
8B Low - impact facility installed at or near a venue--annual limit
8C Low - impact facility installed to provide additional capacity during a high - demand holiday period--annual limit
9 Carrier to restore land--general
9A Carrier to restore land--removal of temporary facilities
10 Management of activities
11 Agreements with public utilities
12 Compliance with industry standards
13 Compliance with international agreements
14 Conditions specified in the regulations
15 Conditions specified in a Ministerial Code of Practice
16 Conditions to which a facility installation permit is subject
17 Notice to owner of land--general
18 Notice to owner of land--lopping of trees etc.
19 Notice to roads authorities, utilities etc.
20 Roads etc. to remain open for passage
Division 6--Facility installation permits
21 Application for facility installation permit
22 Form of application
23 Application to be accompanied by charge
24 Withdrawal of application
25 Issue of facility installation permit
26 Deemed refusal of facility installation permit
27 Criteria for issue of facility installation permit
28 Special provisions relating to environmental matters
29 Consultation with the ACCC
30 Facility installation permit has effect subject to this Act
31 Duration of facility installation permit
32 Conditions of facility installation permit
33 Surrender of facility installation permit
34 Cancellation of facility installation permit
35 Review of decisions by Administrative Review Tribunal
Division 7--Exemptions from State and Territory laws
36 Activities not generally exempt from State and Territory laws
37 Exemption from State and Territory laws
38 Concurrent operation of State and Territory laws
39 Liability to taxation not affected
Division 8--Miscellaneous
41 Guidelines
42 Compensation
43 Power extends to carrier's employees etc.
44 State and Territory laws that discriminate against carriers and users of carriage services
45 State and Territory laws may confer powers and immunities on carriers
46 ACMA may limit tort liability in relation to the supply of certain carriage services
47 Ownership of facilities
48 ACMA may inform the public about designated overhead lines, telecommunications transmission towers and underground facilities
50 Monitoring of progress in relation to placing facilities underground
51 Removal of certain overhead lines
52 Commonwealth laws not displaced
53 Subdivider to pay for necessary alterations
54 Service of notices
Part 2--Transitional provisions
60 Existing buildings, structures and facilities--application of State and Territory laws
61 Existing buildings, structures and facilities--application of the common law
Part 3--Compensation for acquisition of property
62 Compensation for acquisition of property
63 Application of this Part
Schedule 3A--Protection of submarine cables
Part 1--Preliminary
1 Simplified outline
2A Extension to offshore areas
2AA Operation in Greater Sunrise special regime area
2B Submarine cable installed in a protection zone
Part 2--Protection zones
Division 1--Simplified outline
3 Simplified outline
Division 2--Declaration of protection zones
Subdivision A--Declarations
4 ACMA may declare a protection zone
5 Declaration on ACMA's initiative or in response to request
6 Response to a request to declare a protection zone
7 Decision not to declare a requested protection zone or to declare a different protection zone
8 Location of submarine cable to be specified in declaration
9 Area of a protection zone
10 Prohibited activities
11 Restricted activities
12 Conditions
13 When a declaration takes effect
14 Duration of declaration
Subdivision B--Prerequisites to declaration of a protection zone
15 ACMA to develop a proposal for a protection zone
17 ACMA to publish proposal etc.
17A ACMA to publish summary of proposal
18 Cable must be a submarine cable of national significance
19 Consultation with Environment Secretary
20 Matters the ACMA must have regard to
21 Environment and heritage considerations
22 Deadline for final decision about protection zone
Division 3--Varying or revoking a declaration of a protection zone
Subdivision A--Variation or revocation
23 ACMA may vary or revoke a declaration of a protection zone
24 Variation or revocation on ACMA's initiative or in response to request
25 ACMA to notify affected carrier of request to vary or revoke a declaration
26 Response to a request to vary or revoke a declaration
27 Decision not to vary or revoke a declaration after a request to do so
28 When a variation or revocation takes effect
29 Protection zone as varied must not exceed permitted area
Subdivision B--Prerequisites to variation or revocation of declaration
30 ACMA to develop a variation or revocation proposal
32 ACMA to publish proposal etc.
32A ACMA to publish summary of proposal
33 Consultation with Environment Secretary
34 Matters the ACMA must have regard to
35 Deadline for final decision about varying or revoking a protection zone
Division 4--Offences in relation to a protection zone
Subdivision A--Damaging a submarine cable
36 Damaging a submarine cable
37 Negligently damaging a submarine cable
38 Defence to offences of damaging a submarine cable
39 Master or owner of ship used in offence of damaging a submarine cable
Subdivision B--Engaging in prohibited or restricted activities
40 Engaging in prohibited or restricted activities
41 Aggravated offence of engaging in prohibited or restricted activities
42 Defences to offences of engaging in prohibited or restricted activities
43 Alternative verdict if aggravated offence not proven
44 Master or owner of ship used in offence of engaging in prohibited or restricted activities
Subdivision C--Foreign nationals and foreign ships
44A Foreign nationals and foreign ships
Division 5--Miscellaneous
45 Person may claim damages
46 Indemnity for loss of anchor etc.
47 ACMA to notify relevant authorities of declaration, variation etc. of protection zone
48 Notice if carrier decommissions a submarine cable
Part 3--Permits to install submarine cables
Division 1--Simplified outline
50 Simplified outline
Division 2--Protection zone installation permits
51 Application for a protection zone installation permit
52 Form of application etc.
53 Application to be accompanied by charge
54 Withdrawal of application
54A Notification of change of circumstances
55 Further information
55A Consultation
56 Grant or refusal of permit
57 Matters to which the ACMA must have regard in making a decision about a permit
57A Refusal of permit--security
58 Timing of decision on application
58A Conditions of permit
59 Duration of permit
60 Surrender of permit
61 Extension of permit
62 Suspension or cancellation of permit
63 Exemption from State and Territory laws
Division 3--Non - protection zone installation permits
64 Application for a permit to install an international submarine cable in Australian waters (otherwise than in a protection zone or coastal waters)
65 Form of application etc.
66 Application to be accompanied by charge
67 Withdrawal of application
67A Notification of change of circumstances
68 Further information
69 Grant or refusal of permit
70 Consultation
71 Matters to which the ACMA must have regard in making a decision about a permit
72A Refusal of permit--security
73 Timing of decision on application
73A Conditions of permit
74 Duration of permit
75 Surrender of permit
76 Extension of permit
77 Suspension or cancellation of permit
Division 4--Conditions applicable to the installation of submarine cables
78 Application of this Division
79 Installation to do as little damage as practicable
80 Management of installation activities
81 Compliance with industry standards
82 Compliance with international agreements
83 Conditions specified in the regulations
83A Attorney - General's consent required for certain enforcement proceedings
Division 5--Offences in relation to installation of submarine cables
84 Installing an international submarine cable without a permit
84A Installing a domestic submarine cable without a permit
85 Breaching conditions of a permit
86 Failing to comply with ACMA direction to remove an unlawfully installed international submarine cable
86A Failing to comply with ACMA direction to remove an unlawfully installed domestic submarine cable
Part 4--Compensation
87 Compensation
88 Compensation for acquisition of property
Part 5--Miscellaneous
89 Delegation by the Secretary of the Attorney - General's Department
90 Delegation by the Home Affairs Secretary
Schedule 4--Reviewable decisions of the ACMA
Part 1--Decisions that may be subject to reconsideration by the ACMA
1 Reviewable decisions of the ACMA
Part 2--Decisions to which section 556 does not apply
2 Decisions to which section 556 does not apply
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
