Telecommunications Act 1997

No. 47, 1997

Compilation No. 91

Compilation date:   9 December 2018

Includes amendments up to: Act No. 148, 2018

Registered:    13 December 2018

This compilation is in 2 volumes

Volume 1: sections 1–594

Volume 2: 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 9 December 2018 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Introduction

1 Short title

2 Commencement

3 Objects

4 Regulatory policy

5 Simplified outline

6 Main index

7 Definitions

8 Crown to be bound

9 Extra‑territorial application

10 Extension to external Territories

11 Extension to offshore areas

11A Application of the Criminal Code

12 Act subject to Radiocommunications Act

13 Continuity of partnerships

14 Controlled carriage services, controlled networks and controlled facilities

15 Content service

16 Listed carriage services

18 Access to an emergency call service

19 Recognised person who operates an emergency call service

20 Customer cabling

21 Customer equipment

22 Customer cabling and customer equipment—boundary of a telecommunications network

23 Immediate circle

24 Extended meaning of use

Part 2—Network units

Division 1—Simplified outline

25 Simplified outline

Division 2—Basic definition

26 Single line links connecting distinct places in Australia

27 Multiple line links connecting distinct places in Australia

28 Designated radiocommunications facility

29 Facilities specified in Ministerial determination

Division 3—Related definitions

30 Line links

31 Designated radiocommunications facility

32 Public mobile telecommunications service

33 Intercell hand‑over functions

34 When a base station is part of a terrestrial radiocommunications customer access network

35 Fixed radiocommunications link

Division 4—Distinct places

36 Distinct places—basic rules

37 Properties

38 Combined areas

39 Principal user of a property

40 Eligible combined areas

Part 3—Carriers

Division 1—Simplified outline

41 Simplified outline

Division 2—Prohibitions relating to carriers

42 Network unit not to be used without carrier licence or nominated carrier declaration

43 Continuing offences

44 Supply to the public

45 Exemption—defence

46 Exemption—intelligence operations

47 Exemption—transport authorities

48 Exemption—broadcasting services

49 Exemption—electricity supply bodies

50 Exemption—line links authorised by or under previous laws

51 Exemption—Ministerial determination

Division 3—Carrier licences

52 Applications for carrier licence

53 Form of application etc.

53A Copy of application to be given to Communications Access Co‑ordinator

54 Application to be accompanied by charge

55 Further information

56 Grant of licence

56A Consultation with Communications Access Co‑ordinator

57 Carrier licence has effect subject to this Act

58 Refusal of carrier licence—disqualified applicant

58A Refusal of carrier licence—security

59 Time limit on licence decision

60 Notification of refusal of application

61 Conditions of carrier licence specified in Schedule 1

62 Condition of carrier licence set out in section 152AZ of the Competition and Consumer Act 2010

62A Condition of carrier licence set out in section 152BCO of the Competition and Consumer Act 2010

62B Condition of carrier licence set out in section 152BDF of the Competition and Consumer Act 2010

62C Condition of carrier licence set out in section 152BEC of the Competition and Consumer Act 2010

62D Condition of carrier licence set out in section 152CJC of the Competition and Consumer Act 2010

62E Condition of carrier licence set out in section 37 of the National Broadband Network Companies Act 2011

63 Conditions of carrier licence declared by Minister

64 Consultation about declared licence conditions

65 Conditions about foreign ownership or control

67 Carrier licence conditions—special provisions

68 Compliance with conditions

69 Remedial directions—breach of condition

69AA Remedial directions—breach of conditions relating to access

70 Formal warnings—breach of condition

71 Surrender of carrier licence

72 Cancellation of carrier licence

73 Collection of charges relating to carrier licences

73A Refund of application charge

74 Collection of charges on behalf of the Commonwealth

75 Cancellation of certain exemptions from charge

76 Commonwealth not liable to charge

Division 4—Nominated carrier declarations

77 Applications for nominated carrier declarations

78 Application to be accompanied by charge etc.

79 Form of application etc.

80 Further information

81 Making a nominated carrier declaration

81A Obligations of nominated carrier

82 Notification of refusal of application

83 Revocation of nominated carrier declaration

Division 5—Register of nominated carrier declarations and carrier licences

84 Register of nominated carrier declarations and carrier licences

Part 4—Service providers

Division 1—Simplified outline

85 Simplified outline

Division 2—Service providers

86 Service providers

Division 3—Carriage service providers

87 Carriage service providers

88 Supply to the public

89 Exemption from definition—customers located on the same premises

90 Exemption from definition—defence

91 Exemption from definition—intelligence operations

92 Exemption from definition—transport authorities

93 Exemption from definition—broadcasting services

94 Exemption from definition—electricity supply bodies

95 Exemption from definition—Ministerial determination

96 Exemption from certain regulatory provisions—Ministerial determination

Division 4—Content service providers

97 Content service providers

Division 5—Service provider rules

98 Service provider rules

99 Service provider determinations

100 Exemptions from service provider rules

101 Service providers must comply with service provider rules

102 Remedial directions—breach of service provider rules

103 Formal warnings—breach of service provider rules

Part 5—Monitoring of the performance of carriers and carriage service providers

104 Simplified outline

105 Monitoring of performance—annual report

105A Monitoring of performance—additional report

105C Monitoring of breaches by Telstra of an undertaking about structural separation

Part 6—Industry codes and industry standards

Division 1—Simplified outline

106 Simplified outline

Division 2—Interpretation

107 Industry codes

108 Industry standards

108A Electronic messaging service provider

108B Telecommunications industry

109 Telecommunications activity

109B Telemarketing activity

109C Fax marketing activity

110 Sections of the telecommunications industry

110B Sections of the telemarketing industry

110C Sections of the fax marketing industry

111 Participants in a section of the telecommunications industry

111AA Participants in a section of the telemarketing industry

111AB Participants in a section of the fax marketing industry

111B Unsolicited commercial electronic messages

Division 3—General principles relating to industry codes and industry standards

112 Statement of regulatory policy

113 Examples of matters that may be dealt with by industry codes and industry standards

114 Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman

115 Industry codes and industry standards not to deal with certain design features and performance requirements

116 Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act

116A Industry codes and standards do not affect Privacy Act 1988

Division 4—Industry codes

117 Registration of industry codes

118 ACMA may request codes

119 Publication of notice where no body or association represents a section of the telecommunications industry, the telemarketing industry or the fax marketing industry

119A Variation of industry codes

119B Publication requirements for submissions

120 Replacement of industry codes

121 Directions about compliance with industry codes

122 Formal warnings—breach of industry codes

122A De‑registering industry codes and provisions of industry codes

Division 5—Industry standards

123 ACMA may determine an industry standard if a request for an industry code is not complied with

124 ACMA may determine industry standard where no industry body or association formed

125 ACMA may determine industry standards where industry codes fail

125AA ACMA must determine an industry standard if directed by the Minister

125A ACMA must determine certain industry standards relating to the telemarketing industry

125B ACMA must determine certain industry standards relating to the fax marketing industry

126 Industry standards not to be determined for certain privacy matters

128 Compliance with industry standards

129 Formal warnings—breach of industry standards

130 Variation of industry standards

131 Revocation of industry standards

132 Public consultation on industry standards

133 Consultation with ACCC and the Telecommunications Industry Ombudsman

134 Consultation with Information Commissioner

135 Consultation with consumer body

135A Consultation with the States and Territories

Division 6—Register of industry codes and industry standards

136 ACMA to maintain Register of industry codes and industry standards

Division 6A—Reimbursement of costs of development or variation of consumer‑related industry codes

136A Application for eligibility for reimbursement of costs of development or variation of consumer‑related industry code

136B Declaration of eligibility for reimbursement of costs of development or variation of consumer‑related industry code

136C Reimbursement of costs of developing or varying consumer‑related industry code

136D Costs—transactions between persons not at arm’s length

136E Refundable cost

Division 7—Miscellaneous

137 Protection from civil proceedings

138 Implied freedom of political communication

139 Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part

Part 7—Layer 2 bitstream services

140 Simplified outline

141 Supply of Layer 2 bitstream services

141A Exemptions

141B Deemed networks

141C Certain installations and connections are not taken to be an extension, alteration or upgrade

141D Local access line

141E Alteration

141F Upgrade of telecommunications network

141G Small business customer

Part 8—Superfast fixed‑line networks

Division 1—Introduction

142 Simplified outline

142A Definitions

Division 2—Supply of eligible services to be on wholesale basis

143 Supply of eligible services to be on wholesale basis

144 Exemptions—Ministerial instrument

145 Exemption—transport authorities

146 Exemption—electricity supply bodies

147 Exemption—gas supply bodies

148 Exemption—water supply bodies

149 Exemption—sewerage services bodies

150 Exemption—storm water drainage services bodies

151 Exemption—State or Territory road authorities

Division 3—Other provisions

152 Associate

153 Control

154 Control of a company

155 When a person is in a position to exercise control of a network

156 Deemed networks

157 Certain installations and connections are not taken to be an extension, alteration or upgrade

158 Local access line

159 Alteration

160 Upgrade of telecommunications network

Part 13—Protection of communications

Division 1—Introduction

270 Simplified outline

271 Eligible person

272 Number‑database operator and eligible number‑database person

273 Information

274 Telecommunications contractor

275 Number‑database contractor

275A Location information

275B Emergency management person

275C Emergency

275D Emergency law

275E Relevant information

Division 2—Primary disclosure/use offences

276 Primary disclosure/use offence—eligible persons

277 Primary disclosure/use offence—eligible number‑database persons

278 Primary disclosure/use offence—emergency call persons

Division 3—Exceptions to primary disclosure/use offences

Subdivision A—Exceptions

279 Performance of person’s duties

280 Authorisation by or under law

281 Witnesses

284 Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman

285 Integrated public number database

285A Data for emergency warnings

286 Calls to emergency service number

287 Threat to person’s life or health

288 Communications for maritime purposes

289 Knowledge or consent of person concerned

290 Implicit consent of sender and recipient of communication

291 Business needs of other carriers or service providers

291A Location dependent carriage services

292 Circumstances prescribed in the regulations

293 Uses connected with exempt disclosures

294 Effect of this Subdivision

Subdivision B—Burden of proof

295 Burden of proof

Division 3A—Integrated public number database authorisations

Subdivision A—ACMA scheme for the granting of authorisations

295A ACMA to make integrated public number database scheme

295B Scheme must deal with certain matters

295C Applications may be treated differently

295D Scope of authorisations

295E Provisional and final authorisations

295F Conditions

295G Varying or revoking authorisations

295H Scheme may confer administrative powers on the ACMA

295J Ancillary or incidental provisions

295K Scheme‑making power not limited

295L Variation of scheme

295M Consultation

Subdivision B—Ministerial instruments

295N Criteria for deciding authorisation applications

295P Conditions

295Q Other reviewable decisions

Subdivision C—Enforcing compliance with conditions of authorisations

295R Offence of breaching a condition

295S Remedial directions for breaching a condition

295T Formal warnings for breaching a condition

Subdivision D—Report to Minister

295U Report to Minister

Division 3B—Emergency warnings

295V Use or disclosure of information by emergency management persons

295W Use or disclosure of information by other persons

295X Effect on telecommunications network

295Y Coronial and other inquiries

295Z Offence—use or disclosure of information by emergency management persons

295ZA Offence—use or disclosure of information by other persons

295ZB Reports of access

295ZC Annual reports to the ACMA and Information Commissioner

295ZD Arrangements with States and Territories

295ZE Commonwealth immunity

Division 4—Secondary disclosure/use offences

296 Performance of person’s duties

297 Authorisation by or under law

299 Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman

299A Integrated public number database

300 Threat to person’s life or health

301 Communications for maritime purposes

302 Business needs of other carriers or service providers

302A Location dependent carriage services

303 Secondary offence—contravening this Division

303A Generality of Division not limited

Division 4A—Relationship with the Privacy Act 1988

303B Acts taken to be authorised by this Act for purposes of Privacy Act

303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988

Division 5—Record‑keeping requirements

304 Associate

305 Authorisations under the Telecommunications (Interception and Access) Act 1979

306 Record of disclosures—general

306A Record of disclosures—prospective authorisation under the Telecommunications (Interception and Access) Act 1979

307 Incorrect records

308 Annual reports to the ACMA by carriers, carriage service providers or number‑database operators

309 Monitoring by the Information Commissioner

Division 6—Instrument‑making powers not limited

310 Instrument‑making powers not limited

Part 14—National interest matters

Division 1—Simplified outline

311 Simplified outline

Division 2—Obligations of ACMA and carriers and carriage service providers

312 ACMA’s obligations

313 Obligations of carriers and carriage service providers

314 Terms and conditions on which help is to be given

Division 3—Notification of changes to telecommunications services or telecommunications systems relating to obligation under subsection 313(1A) or (2A)

Subdivision A—Individual notifications

314A Individual notifications

314B Assessment of proposed change

Subdivision B—Security capability plans

314C Security capability plans

314D Assessment of security capability plan

314E Relationship with section 314A

Division 4—Carriage service provider may suspend supply of carriage service in an emergency

315 Suspension of supply of carriage service in an emergency

Division 5—Directions by Home Affairs Minister

315A Direction if use or supply of carriage services prejudicial to security

315B Direction if risk of unauthorised interference or access involving telecommunications networks or facilities

Division 6—Home Affairs Secretary’s information‑gathering powers

315C Home Affairs Secretary may obtain information and documents from carriers and carriage service providers

315D Self‑incrimination

315E Copies of documents

315F Retention of documents

315G Delegation by Home Affairs Secretary

Division 7—Information sharing and confidentiality

315H Information sharing and confidentiality

Division 8—Annual report

315J Annual report

Division 8A—Review by Parliamentary Joint Committee on Intelligence and Security

315K Review by Parliamentary Joint Committee on Intelligence and Security

Division 9—Generality of Part not limited

316 Generality of Part not limited

Part 15—Industry assistance

Division 1—Introduction

317A Simplified outline of this Part

317B Definitions

317C Designated communications provider etc.

317D Electronic service

317E Listed acts or things

317F Extension to external Territories

Division 2—Voluntary technical assistance

317G Voluntary technical assistance provided to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency

317H Form of technical assistance request

317HAA Provision of advice to designated communications providers

317HAB Notification obligations

317HA Duration of technical assistance request

317J Specified period etc.

317JAA Decision‑making criteria

317JA Variation of technical assistance requests

317JB Revocation of technical assistance requests

317JC Whether a technical assistance request is reasonable and proportionate

317K Contract etc.

Division 3—Technical assistance notices

317L Technical assistance notices

317LA Approval of technical assistance notices given by the chief officer of an interception agency of a State or Territory

317M Form of technical assistance notice

317MAA Provision of advice to designated communications providers

317MAB Notification obligations

317MA Duration of technical assistance notice

317N Compliance period etc.

317P Decision‑making criteria

317PA Consultation about a proposal to give a technical assistance notice

317Q Variation of technical assistance notices

317R Revocation of technical assistance notices

317RA Whether requirements imposed by a technical assistance notice are reasonable and proportionate

Division 4—Technical capability notices

317S Attorney‑General may determine procedures and arrangements relating to requests for technical capability notices

317T Technical capability notices

317TAAA Approval of technical capability notice

317TAA Provision of advice to designated communications providers

317TAB Notification obligations

317TA Duration of technical capability notice

317U Compliance period etc.

317V Decision‑making criteria

317W Consultation about a proposal to give a technical capability notice

317WA Assessment and report

317X Variation of technical capability notices

317XA Approval of variation of technical capability notice

317Y Consultation about a proposal to vary a technical capability notice

317YA Assessment and report

317Z Revocation of technical capability notices

317ZAA Whether requirements imposed by a technical capability notice are reasonable and proportionate

Division 5—Compliance and enforcement

317ZA Compliance with notices—carriers and carriage service providers

317ZB Compliance with notices—designated communications provider (other than a carrier or carriage service provider)

317ZC Civil penalty provision

317ZD Enforceable undertakings

317ZE Injunctions

Division 6—Unauthorised disclosure of information etc.

317ZF Unauthorised disclosure of information

317ZFA Powers of a court

Division 7—Limitations

317ZG Designated communications provider must not be requested or required to implement or build a systemic weakness or systemic vulnerability etc.

317ZGA Limits on technical capability notices

317ZH General limits on technical assistance requests, technical assistance notices and technical capability notices

Division 8—General provisions

317ZJ Immunity

317ZK Terms and conditions on which help is to be given etc.

317ZKA Notification obligations

317ZL Service of notices etc.

317ZM Interception agency—chief officer and officer

317ZN Delegation by Director‑General of Security

317ZP Delegation by Director‑General of the Australian Secret Intelligence Service

317ZQ Delegation by Director‑General of the Australian Signals Directorate

317ZR Delegation by the chief officer of an interception agency

317ZRA Relationship of this Part to parliamentary privileges and immunities

317ZRB Inspection of records

317ZS Annual reports

317ZT Alternative constitutional basis

Part 16—Defence requirements and disaster plans

Division 1—Introduction

333 Simplified outline

334 Defence authority

Division 2—Supply of carriage services

335 Requirement to supply carriage services for defence purposes or for the management of natural disasters

Division 3—Defence planning

336 Definitions

337 Preparation of draft agreement

338 ACMA’s certification of draft agreement

339 Requirement to enter into certified agreement

340 Compliance with agreement

341 Withdrawal of certification of agreement

342 Duration of agreement

343 Variation of agreement

Division 4—Disaster plans

344 Designated disaster plans

345 Carrier licence conditions about designated disaster plans

346 Service provider determinations about designated disaster plans

346A Carrier and carriage service provider immunity

Division 5—Delegation

347 Delegation

Part 17—Pre‑selection in favour of carriage service providers

348 Simplified outline

349 Requirement to provide pre‑selection

350 When pre‑selection is provided in favour of a carriage service provider

350A Declared carriage services

351 Pre‑selection to be provided

352 Exemptions from requirement to provide pre‑selection

353 Use of over‑ride dial codes

Part 18—Calling line identification

354 Simplified outline

355 Calling line identification

356 Exemptions from calling line identification requirement

Part 20—International aspects of activities of the telecommunications industry

Division 1—Simplified outline

364 Simplified outline

Division 2—Compliance with international agreements

365 INTELSAT and Inmarsat—directions to Signatories

366 Compliance with conventions

Division 3—Rules of conduct about dealings with international telecommunications operators

367 Rules of conduct about dealings with international telecommunications operators

368 ACCC to administer Rules of Conduct

369 Rules of Conduct to bind carriers and carriage service providers

370 Unenforceability of agreements

371 Investigations by the ACCC

372 Reviews of the operation of this Division

Part 20A—Deployment of optical fibre etc.

Division 1—Simplified outline

372A Simplified outline

Division 2—Deployment of optical fibre lines

372B Deployment of optical fibre lines to building lots

372C Deployment of optical fibre lines to building units

372D Exemptions—Ministerial instrument

Division 3—Installation of fibre‑ready facilities

Subdivision A—Installation obligations

372E Installation of fibre‑ready facilities—building lots

372F Installation of fibre‑ready facilities—building units

Subdivision B—Sale of building lots and building units

372G Sale of building lots and building units—subdivisions

372H Sale of building units—other projects

Subdivision C—NBN Co may issue statement about the non‑installation of optical fibre lines

372J NBN Co may issue statement about the non‑installation of optical fibre lines

372JA Register of Statements about the Non‑installation of Optical Fibre Lines

Subdivision D—Exemptions

372K Exemptions—Ministerial instrument

Division 4—Third party access regime

372L Third party access regime

372M Terms and conditions of access

372N Exemptions—Ministerial instrument

372NA Code relating to access

Division 5—Exemption of certain projects

372P Exemption of certain projects

Division 6—Miscellaneous

372Q Real estate development projects etc.

372R Subdivision of an area of land

372S Building units

372T Sale of building lots

372U Sale of building units

372V Fixed‑line facilities

372W Fibre‑ready facility

372X Installation of a facility

372Y Installation of a fibre‑ready facility in proximity to a building lot or building unit

372Z Sewerage services, electricity or water supplied to a building lot or building unit

372ZA Supply to the public

372ZB Concurrent operation of State and Territory laws

372ZD NBN Co

Part 21—Technical regulation

Division 1—Simplified outline

373 Simplified outline

Division 2—Interpretative provisions

374 Part applies to networks or facilities in Australia operated by carriers or carriage service providers

375 Manager of network or facility

Division 3—Technical standards about customer equipment and customer cabling

376 ACMA’s power to make technical standards

376A ACMA must make technical standards if directed by the Minister

377 Adoption of voluntary standards

378 Procedures for making technical standards

379 Making technical standards in cases of urgency

Division 4—Disability standards

380 Disability standards

381 Adoption of voluntary standards

382 Procedures for making disability standards

383 Effect of compliance with disability standards

Division 5—Technical standards about the interconnection of facilities

384 ACMA’s power to make technical standards

385 Adoption of voluntary standards

386 Procedures for making technical standards

387 Procedures for making technical standards

388 Provision of access

389 Promotion of the long‑term interests of end‑users of carriage services and of services supplied by means of carriage services

Division 5A—Technical standards relating to Layer 2 bitstream services

389A ACMA’s power to determine technical standards

389B Compliance with technical standards

Division 6—Connection permits and connection rules

Subdivision A—Connection permits authorising the connection of non‑standard customer equipment and non‑standard cabling

390 Application for connection permit

391 Form of application

392 Application to be accompanied by charge

393 Further information

394 Issue of connection permits

395 Connection permit has effect subject to this Act

396 Nominees of holder

397 Duration of connection permits

398 Conditions of connection permits

399 Offence of contravening condition

400 Formal warnings—breach of condition

401 Surrender of connection permit

402 Cancellation of connection permit

403 Register of connection permits

Subdivision B—Connection rules

404 Connection rules

405 Procedures for making connection rules

Division 7—Labelling of customer equipment and customer cabling

406 Application of labels

406A Application of Division to agent of manufacturer or importer

407 Labelling requirements

408 Requirements to apply labels—ancillary matters

409 Recognised testing authorities and competent bodies

410 Certification bodies

411 Connection of customer equipment or customer cabling—breach of section 376 standards

412 Connection of labelled customer equipment or customer cabling not to be refused

413 Supply of unlabelled customer equipment or unlabelled customer cabling

414 Applying labels before satisfying requirements under subsection 408(5)

415 Failure to retain records etc.

416 Application of labels containing false statements about compliance with standards

Division 8—Protected symbols

417 Protected symbols

Division 9—Cabling providers

418 Cabling work

419 Types of cabling work

420 Prohibition of unauthorised cabling work

421 Cabling provider rules

422 Procedures for making cabling provider rules

423 Application for cabling licence

424 Form of application

425 Application to be accompanied by charge

426 Further information

427 Grant of cabling licence

428 Time limit on licence decision

429 Notification of refusal of application

430 Cabling licence has effect subject to this Act

431 Duration of cabling licence

432 Conditions of cabling licence

433 Procedures for changing licence conditions

434 Offence in relation to contravening condition

435 Formal warnings—breach of condition

436 Surrender of cabling licence

437 Suspension of cabling licence

438 Cancellation of cabling licence

439 ACMA may limit application of Division in relation to customer cabling

440 Ministerial directions

441 Delegation

442 Register of cabling licences

Division 10—Remedies for unauthorised connections to telecommunications networks etc.

443 Civil action for unauthorised connections to telecommunications networks etc.

444 Remedy for contravention of labelling requirements

445 Remedies for connection of unlabelled customer equipment or unlabelled customer cabling

446 Disconnection of dangerous customer equipment or customer cabling

447 Disconnection of customer equipment or customer cabling—protection of the integrity of networks and facilities

448 Civil action for dangerous connections to telecommunications networks etc.

449 Other remedies not affected

Division 11—Prohibited customer equipment and prohibited customer cabling

450 Declaration of prohibited customer equipment or prohibited customer cabling

452 Operation of prohibited customer equipment or customer cabling

Division 12—Pre‑commencement labels

453 Pre‑commencement labels

Division 13—Penalties payable instead of prosecution

453A Penalties payable instead of prosecution

Part 22—Numbering of carriage services and regulation of electronic addressing

Division 1—Simplified outline

454 Simplified outline

Division 2—Numbering of carriage services

Subdivision A—Numbering plan

455 Numbering plan

456 Numbering plan—supply to the public

457 Numbering plan—allocation otherwise than in accordance with an allocation system

458 Numbering plan—rules about portability of allocated numbers

459 ACMA to administer numbering plan

460 Consultation about numbering plan

461 Consultation with ACCC

462 Compliance with the numbering plan

Subdivision B—Allocation system for numbers

463 Allocation system for numbers

464 Consultation about an allocation system

Subdivision C—Miscellaneous

465 Register of allocated numbers

466 Emergency service numbers

467 Delegation

468 Collection of numbering charges

469 Collection of charges on behalf of the Commonwealth

470 Cancellation of certain exemptions from charge

471 Commonwealth not liable to charge

472 Integrated public number database

473 Letters and symbols taken to be numbers

Division 3—Regulation of electronic addressing

474 Declared manager of electronic addressing

475 ACMA may give directions to declared manager of electronic addressing

476 ACCC may give directions to declared manager of electronic addressing

477 ACCC’s directions to prevail over the ACMA’s directions

Part 23—Standard agreements for the supply of carriage services

478 Simplified outline

479 Standard terms and conditions apply unless excluded

482 Concurrent operation of State/Territory laws

483 Competition and Consumer Act not affected by this Part

Part 24—Carriers’ powers and immunities

484 Schedule 3

Part 24A—Submarine cables

484A Schedule 3A

Part 25—Public inquiries

Division 1—Simplified outline

485 Simplified outline

Division 2—Inquiries by the ACMA

486 When inquiry must be held

487 When inquiry may be held

488 Informing the public about an inquiry

489 Discussion paper

490 Written submissions and protection from civil actions

491 Hearings

492 Hearing to be in public except in exceptional cases

493 Confidential material not to be published

494 Direction about private hearings

495 Reports on inquiries

Division 3—Inquiries by the ACCC

496 When inquiry must be held

497 When inquiry may be held

498 Informing the public about an inquiry

499 Discussion paper

500 Written submissions and protection from civil actions

501 Hearings

502 Hearing to be in public except in exceptional cases

503 Confidential material not to be published

504 Direction about private hearings

505 Reports on inquiries

505A ACCC may use material presented to a previous public inquiry

505B ACCC may adopt a finding from a previous public inquiry

506 ACCC’s other powers not limited

Part 26—Investigations

507 Simplified outline

508 Matters to which this Part applies

509 Complaints to the ACMA

510 Investigations by the ACMA

511 Preliminary inquiries

512 Conduct of investigations

513 Complainant and certain other persons to be informed of various matters

514 Reference of matters to Ombudsman or other responsible person

515 Reference of matters to the ACCC

515A Reference of matters to Information Commissioner

516 Reports on investigations

517 Publication of reports

518 Person adversely affected by report to be given opportunity to comment

519 Protection from civil actions

Part 27—The ACMA’s information‑gathering powers

Division 1—Simplified outline

520 Simplified outline

Division 2—Information‑gathering powers

521 The ACMA may obtain information and documents from carriers and service providers

522 The ACMA may obtain information and documents from other persons

523 Copying documents—reasonable compensation

524 Self‑incrimination

525 Giving false or misleading information or evidence

527 Copies of documents

528 ACMA may retain documents

Division 3—Record‑keeping rules

529 ACMA may make record‑keeping rules

530 Compliance with record‑keeping rules

531 Incorrect records

Part 28—Enforcement

Division 1—Introduction

532 Simplified outline

532A References to the Spam Act 2003

Division 2—Inspectors and identity cards

533 Inspectors

534 Identity cards

Division 3—Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act

535 Magistrate may issue warrant

536 Reasonable grounds for issuing warrant etc.

537 Contents of warrant

538 Warrants may be issued by telephone etc.

539 Provisions relating to issue of warrant by telephone etc.

540 Proceedings involving warrant issued by telephone etc.

Division 4—Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act

541 When is a thing connected with an offence?

541A When is a thing connected with a breach of the Spam Act 2003?

542 Searches and seizures

543 Production of identity card etc.

544 Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003

545 Emergency entry, search and seizure

546 Retention of things seized

Division 5—Searches to monitor compliance with Part 21

547 Searches to monitor compliance with Part 21

Division 5A—Searches to monitor compliance with the Spam Act 2003

547A Powers available to inspectors for monitoring compliance

547B Monitoring powers

547C Production of identity card etc.

547D Monitoring warrants

547E Details of warrant to be given to occupier etc.

547F Announcement before entry

547G Compensation for damage to equipment

547H Occupier entitled to be present during search

Division 5B—Access to computer data that is relevant to the Spam Act 2003

547J Access to computer data that is relevant to the Spam Act 2003

Division 6—Other powers of inspectors

548 General powers of inspectors

549 Power to require information etc.

550 Retention of documents

Division 7—Forfeiture

551 Court may order forfeiture

552 Forfeited goods may be sold

Division 8—Future offences

553 Offences that are going to be committed

Part 29—Review of decisions

554 Simplified outline

555 Decisions that may be subject to reconsideration by the ACMA

556 Deadlines for reaching certain decisions

557 Statements to accompany notification of decisions

558 Applications for reconsideration of decisions

559 Reconsideration by the ACMA

560 Deadlines for reconsiderations

561 Statements to accompany notification of decisions on reconsideration

562 Review by the Administrative Appeals Tribunal

Part 30—Injunctions

563 Simplified outline

564 Injunctions

565 Interim injunctions

566 Discharge etc. of injunctions

567 Certain limits on granting injunctions not to apply

568 Other powers of the court unaffected

Part 31—Civil penalties

569 Simplified outline

570 Pecuniary penalties for contravention of civil penalty provisions

571 Civil action for recovery of pecuniary penalties

572 Criminal proceedings not to be brought for contravention of civil penalty provisions

Part 31A—Enforceable undertakings

572A Simplified outline

572B Acceptance of undertakings

572C Enforcement of undertakings

Part 31B—Infringement notices for contraventions of civil penalty provisions

572D Simplified outline

572E When an infringement notice can be given

572F Matters to be included in an infringement notice

572G Amount of penalty

572H Withdrawal of an infringement notice

572J What happens if the penalty is paid

572K Effect of this Part on civil proceedings

572L Appointment of authorised infringement notice officer

572M Guidelines relating to infringement notices

572N Regulations

Part 32—Vicarious liability

573 Simplified outline

574 Proceedings under this Act

574A Definition

575 Liability of corporations

576 Liability of persons other than corporations

Part 33—Voluntary undertakings given by Telstra

Division 1—Introduction

577 Simplified outline

Division 2—Structural separation

Subdivision A—Undertaking about structural separation

577A Acceptance of undertaking about structural separation

577AA Acceptance of undertaking about structural separation may be subject to the occurrence of events

577AB When undertaking about structural separation comes into force

577AC Publication requirements for undertaking about structural separation

577AD Compliance with undertaking about structural separation

577B Variation of undertaking about structural separation

577BA Authorised conduct—subsection 51(1) of the Competition and Consumer Act 2010

Subdivision B—Migration plan

577BB Migration plan principles

577BC Migration plan

577BD Approval of draft migration plan by the ACCC—plan given after undertaking about structural separation comes into force

577BDA Approval of draft migration plan by the ACCC—plan given before undertaking about structural separation comes into force

577BDB Approval of draft migration plan by the ACCC—plan given in compliance with a direction

577BDC Approval of draft migration plan by the ACCC—plan given in response to a request

577BE Effect of approval of draft migration plan

577BF Variation of final migration plan

Division 3—Hybrid fibre‑coaxial networks

577C Acceptance of undertaking about hybrid fibre‑coaxial networks

577CA Acceptance of undertaking about hybrid fibre‑coaxial networks may be subject to the occurrence of events

577CB When undertaking about hybrid fibre‑coaxial networks comes into force

577CC Publication requirements for undertaking about hybrid fibre‑coaxial networks

577CD Compliance with undertaking about hybrid fibre‑coaxial networks

577D Variation of undertaking about hybrid fibre‑coaxial networks

Division 4—Subscription television broadcasting licences

577E Acceptance of undertaking about subscription television broadcasting licences

577EA Acceptance of undertaking about subscription television broadcasting licences may be subject to the occurrence of events

577EB When undertaking about subscription television broadcasting licences comes into force

577EC Publication requirements for undertaking about subscription television broadcasting licences

577ED Compliance with undertaking about subscription television broadcasting licences

577F Variation of undertaking about subscription television broadcasting licences

Division 5—Enforcement of undertakings

577G Enforcement of undertakings

Division 6—Limits on allocation of spectrum licences etc.

577GA Excluded spectrum regime

577H Designated part of the spectrum

577J Limits on allocation of certain spectrum licences to Telstra

577K Limits on use of certain spectrum licences by Telstra

577L Limits on assignment of certain spectrum licences to Telstra etc.

Division 7—Other provisions

577M Associate

577N Control

577P Control of a company

577Q When Telstra is in a position to exercise control of a network

Part 34—Special provisions relating to conventions and directions

579 Simplified outline

580 ACMA must have regard to conventions

581 Power to give directions to carriers and service providers

Part 35—Miscellaneous

582 Simplified outline

583 Penalties for certain continuing offences

584 Procedure relating to certain continuing offences

585 Treatment of partnerships

586 Giving of documents to partnerships

587 Nomination of address for service of documents

588 Service of summons or process on foreign corporations—criminal proceedings

589 Instruments under this Act may provide for matters by reference to other instruments

590 Arbitration—acquisition of property

591 Compensation—constitutional safety net

592 Act not to affect performance of State or Territory functions

593 Funding of consumer representation, and of research, in relation to telecommunications

594 Regulations

An Act about telecommunications, and for related purposes

Part 1—Introduction

1  Short title

  This Act may be cited as the Telecommunications Act 1997.

2  Commencement

 (1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent:

 (a) this Part;

 (b) Part 2;

 (c) Divisions 2, 3 and 4 of Part 4;

 (d) Division 3 of Part 25;

 (f) section 589;

 (g) section 594.

 (2) Sections 52 to 55 (inclusive) commence on 5 June 1997.

 (3) The remaining provisions of this Act commence on 1 July 1997.

3  Objects

 (1) The main object of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, is to provide a regulatory framework that promotes:

 (a) the long‑term interests of end‑users of carriage services or of services provided by means of carriage services; and

 (b) the efficiency and international competitiveness of the Australian telecommunications industry; and

 (c) the availability of accessible and affordable carriage services that enhance the welfare of Australians.

 (2) The other objects of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, are as follows:

 (a) to ensure that standard telephone services and payphones are:

 (i) reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and

 (ii) are supplied as efficiently and economically as practicable; and

 (iii) are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community;

 (c) to promote the supply of diverse and innovative carriage services and content services;

 (d) to promote the development of an Australian telecommunications industry that is efficient, competitive and responsive to the needs of the Australian community;

 (e) to promote the effective participation by all sectors of the Australian telecommunications industry in markets (whether in Australia or elsewhere);

 (f) to promote:

 (i) the development of the technical capabilities and skills of the Australian telecommunications industry; and

 (ii) the development of the value‑adding and export‑oriented activities of the Australian telecommunications industry; and

 (iii) research and development that contributes to the growth of the Australian telecommunications industry;

 (g) to promote the equitable distribution of benefits from improvements in the efficiency and effectiveness of:

 (i) the provision of telecommunications networks and facilities; and

 (ii) the supply of carriage services;

 (h) to provide appropriate community safeguards in relation to telecommunications activities and to regulate adequately participants in sections of the Australian telecommunications industry;

 (i) to promote the placement of lines underground, taking into account economic and technical issues, where placing such lines underground is supported by the affected community;

 (j) to promote responsible practices in relation to the sending of commercial electronic messages;

 (k) to promote responsible practices in relation to the making of telemarketing calls;

 (l) to promote responsible practices in relation to the sending of marketing faxes.

4  Regulatory policy

  The Parliament intends that telecommunications be regulated in a manner that:

 (a) promotes the greatest practicable use of industry self‑regulation; and

 (b) does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry;

but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 3.

5  Simplified outline

  The following is a simplified outline of this Act:

6  Main index

  The following is a main index to this Act:

7  Definitions

  In this Act, unless the contrary intention appears:

ACCC means the Australian Competition and Consumer Commission.

ACCC’s telecommunications functions and powers means the functions and powers conferred on the ACCC by or under:

 (a) this Act; or

 (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

 (ba) the National Broadband Network Companies Act 2011; or

 (c) Part XIB of the Competition and Consumer Act 2010; or

 (d) Part XIC of the Competition and Consumer Act 2010; or

 (e) any other provision of the Competition and Consumer Act 2010, in so far as that provision applies to a matter connected with telecommunications.

For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.

access, in relation to an emergency call service, has a meaning affected by section 18.

ACMA means the Australian Communications and Media Authority.

ACMA’s telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005.

ACMA’s telecommunications powers means the powers conferred on the ACMA by:

 (a) this Act; or

 (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

 (ba) Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979; or

 (c) the Spam Act 2003; or

 (ca) the Do Not Call Register Act 2006; or

 (d) Part XIC of the Competition and Consumer Act 2010; or

 (e) section 12 of the Australian Communications and Media Authority Act 2005, in so far as that section relates to the ACMA’s telecommunications functions.

ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.

adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979.

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

aircraft includes a balloon.

ASIO means the Australian Security Intelligence Organisation.

Australia, when used in a geographical sense, includes the eligible Territories.

Australian number has the same meaning as in the Do Not Call Register Act 2006.

authorised infringement notice officer means:

 (a) the Chair of the ACMA; or

 (b) a member of the staff of the ACMA appointed under section 572L.

base station that is part of a terrestrial radiocommunications customer access network has the meaning given by section 34.

broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

building lot has the meaning given by section 372Q.

building unit has the meaning given by section 372S.

cabling licence means a licence granted under section 427.

carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy.

carriage service intermediary means a person who is a carriage service provider under subsection 87(5).

carriage service provider has the meaning given by section 87.

carrier means the holder of a carrier licence.

carrier licence means a licence granted under section 56.

carry includes transmit, switch and receive.

civil penalty provision means:

 (a) a provision of this Act (other than section 317ZB) that is declared by this Act to be a civil penalty provision; or

 (b) a provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that is declared by that Act to be a civil penalty provision; or

 (c) a provision of the Telecommunications (Interception and Access) Act 1979 that is declared by that Act to be a civil penalty provision for the purposes of this Act.

commercial electronic message has the same meaning as in the Spam Act 2003.

communications includes any communication:

 (a) whether between persons and persons, things and things or persons and things; and

 (b) whether in the form of speech, music or other sounds; and

 (c) whether in the form of data; and

 (d) whether in the form of text; and

 (e) whether in the form of visual images (animated or otherwise); and

 (f) whether in the form of signals; and

 (g) whether in any other form; and

 (h) whether in any combination of forms.

Communications Access Co‑ordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979.

connected, in relation to:

 (a) a telecommunications network; or

 (b) a facility; or

 (c) customer cabling; or

 (d) customer equipment;

includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication.

connection permit means a permit issued under section 394.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

content service has the meaning given by section 15.

content service provider has the meaning given by section 97.

controlled carriage service has the meaning given by section 14.

controlled facility has the meaning given by section 14.

controlled network has the meaning given by section 14.

customer cabling has the meaning given by section 20.

customer equipment has the meaning given by section 21.

data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.

defence purposes means any one or more of the following:

 (a) the operation of command or control systems;

 (b) the operation, direction or use of a defence organisation;

 (c) the operation of intelligence systems;

 (d) the collection or dissemination of information relevant to the security or defence of:

 (i) the Commonwealth; or

 (ii) a foreign country that is allied or associated with the Commonwealth;

 (e) the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat;

 (f) any other matter specified in the regulations.

designated part of the spectrum has the meaning given by section 577H.

designated radiocommunications facility has the meaning given by section 31.

Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.

directory assistance services means services that are:

 (a) provided to an end‑user of a standard telephone service to help the end‑user find the number of another end‑user of a standard telephone service; and

 (b) provided by an operator or by means of:

 (i) an automated voice response system; or

 (ii) another technology‑based system.

distinct places has the meaning given by section 36.

draft functional separation undertaking means a draft functional separation undertaking under Division 2 of Part 9 of Schedule 1.

draft migration plan means a draft migration plan under Subdivision B of Division 2 of Part 33.

eligible partnership means a partnership where each partner is a constitutional corporation.

eligible Territory means:

 (a) the Territory of Christmas Island; or

 (b) the Territory of Cocos (Keeling) Islands; or

 (c) an external Territory prescribed for the purposes of section 10.

emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service.

Note: Recognised person who operates an emergency call service is defined by section 19.

emergency call person means:

 (a) a recognised person who operates an emergency call service; or

 (b) an employee of such a person; or

 (c) an emergency call contractor; or

 (d) an employee of an emergency call contractor.

Note: Recognised person who operates an emergency call service is defined by section 19.

emergency call service means a service for:

 (a) receiving and handling calls to an emergency service number; and

 (b) transferring such calls to:

 (i) a police force or service; or

 (ii) a fire service; or

 (iii) an ambulance service; or

 (iv) a service specified in the numbering plan for the purposes of this subparagraph; or

 (v) a service for despatching a force or service referred to in subparagraph (i), (ii), (iii) or (iv).

For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call.

emergency service number has the meaning given by section 466.

exempt network‑user means:

 (a) a person:

 (i) who is entitled to use a network unit to supply a carriage service; and

 (ii) whose entitlement derives, directly or indirectly, from rights granted to a carrier; or

 (b) if:

 (i) a police force or service; or

 (ii) a fire service; or

 (iii) an ambulance service; or

 (iv) an emergency service specified in the regulations;

  (the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following:

 (v) communication between the members of the first force or service;

 (vi) communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv);

  the first force or service.

For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service.

facility means:

 (a) any part of the infrastructure of a telecommunications network; or

 (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.

fax marketing industry means an industry that involves carrying on a fax marketing activity (as defined by section 109C).

Federal Court means the Federal Court of Australia.

fibre‑ready facility has the meaning given by section 372W.

final functional separation undertaking means a final functional separation undertaking under Division 2 of Part 9 of Schedule 1.

final migration plan means a final migration plan under Subdivision B of Division 2 of Part 33.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

fixed‑line facility has the meaning given by section 372V.

fixed radiocommunications link has the meaning given by section 35.

Home Affairs Department means the Department administered by the Home Affairs Minister.

Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.

Home Affairs Secretary means the Secretary of the Home Affairs Department.

hybrid fibre‑coaxial network means a telecommunications network:

 (a) that is for use for the transmission of any broadcasting service; and

 (b) that is also capable of being used to supply an internet carriage service; and

 (c) the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end‑users.

immediate circle has the meaning given by section 23.

import means import into Australia.

industry levy means levy imposed by the Telecommunications (Industry Levy) Act 2012.

infringement notice means an infringement notice under section 572E.

inspector has the meaning given by section 533.

integrated public number database scheme means the scheme in force under section 295A.

intercell hand‑over functions has the meaning given by section 33.

internet carriage service means a carriage service that enables end‑users to access the internet.

internet service provider has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.

Layer 2 bitstream service means a carriage service that is:

 (a) either:

 (i) a Layer 2 Ethernet bitstream service; or

 (ii) a Layer 2 bitstream service specified in a legislative instrument made by the ACMA for the purposes of this subparagraph; and

 (b) a listed carriage service; and

 (c) supplied using a line to premises occupied or used by an end‑user.

For this purpose, Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange.

line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.

line link has the meaning given by section 30.

listed carriage service has the meaning given by section 16.

marketing fax means:

 (a) a marketing fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number; or

 (b) a fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number, where, having regard to:

 (i) the content of the fax; and

 (ii) the presentational aspects of the fax;

  it would be concluded that the purpose, or one of the purposes, of the fax is:

 (iii) to conduct opinion polling; or

 (iv) to carry out standard questionnaire‑based research.

member means a member of the ACMA (and does not include an associate member).

NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011. This definition does not apply to:

 (a) section 577BA; or

 (b) section 577BC; or

 (c) clause 17 of Schedule 1; or

 (d) Part 5 of Schedule 1.

network unit has the meaning given by Division 2 of Part 2.

nominated carriage service provider means a carriage service provider covered by a declaration in force under subsection 197(4) of the Telecommunications (Interception and Access) Act 1979.

nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force.

nominated carrier declaration means a declaration under section 81.

notifiable equipment has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

numbering plan has the meaning given by section 455.

optical fibre line means a line that consists of, or encloses, optical fibre.

owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons).

person includes a partnership.

point‑to‑multipoint service means a carriage service which allows a person to transmit a communication to more than one end‑user simultaneously.

project area for a real estate development project has the meaning given by section 372Q.

public body means:

 (a) the Commonwealth, a State or a Territory; or

 (b) an authority, or institution, of the Commonwealth, a State or a Territory; or

 (c) an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following:

 (i) the Commonwealth;

 (ii) a State;

 (iii) a Territory; or

 (d) an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following:

 (i) the Commonwealth;

 (ii) a State;

 (iii) a Territory.

public mobile telecommunications service has the meaning given by section 32.

radiocommunication has the same meaning as in the Radiocommunications Act 1992.

radiocommunications device has the same meaning as in the Radiocommunications Act 1992.

radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992.

radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.

real estate development project has the meaning given by section 372Q.

recognised person who operates an emergency call service has the meaning given by section 19.

recognised testing authority has the meaning given by section 409.

record‑keeping rule means a rule under section 529.

registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.

satellite‑based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite.

sell:

 (a) when used in relation to a building lot—has the meaning given by section 372T; or

 (b) when used in relation to a building unit—has the meaning given by section 372U.

service provider has the meaning given by section 86.

service provider rules has the meaning given by section 98.

spectrum has the same meaning as in the Radiocommunications Act 1992.

spectrum licence has the same meaning as in the Radiocommunications Act 1992.

standard questionnaire‑based research means research that involves people being asked to answer one or more standard questions, but does not include:

 (a) opinion polling; or

 (b) research of a kind specified in the regulations.

standard telephone service has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

subdivision of an area of land has a meaning affected by section 372R.

subscription television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

telecommunications industry includes an industry that involves:

 (a) carrying on business as a carrier; or

 (b) carrying on business as a carriage service provider; or

 (c) supplying goods or services for use in connection with the supply of a listed carriage service; or

 (d) supplying a content service using a listed carriage service; or

 (e) manufacturing or importing customer equipment or customer cabling; or

 (f) installing, maintaining, operating or providing access to:

 (i) a telecommunications network; or

 (ii) a facility;

  used to supply a listed carriage service.

Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy.

telecommunications service has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

telemarketing call means:

 (a) a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or

 (b) a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to:

 (i) the content of the call; and

 (ii) the presentational aspects of the call;

  it would be concluded that the purpose, or one of the purposes, of the call is:

 (iii) to conduct opinion polling; or

 (iv) to carry out standard questionnaire‑based research.

telemarketing industry means an industry that involves carrying on a telemarketing activity (as defined by section 109B).

Telstra has the same meaning as in the Telstra Corporation Act 1991.

this Act includes the regulations.

universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

vessel means a vessel or boat of any description, and includes:

 (a) an air‑cushion vehicle; and

 (b) any floating structure.

8  Crown to be bound

 (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

 (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

 (3) The protection in subsection (2) does not apply to an authority of the Crown.

9  Extra‑territorial application

  This Act applies both within and outside Australia.

10  Extension to external Territories

 (1) This Act extends to:

 (a) the Territory of Christmas Island; and

 (b) the Territory of Cocos (Keeling) Islands; and

 (c) such other external Territories (if any) as are prescribed.

 (2) The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.

11  Extension to offshore areas

 (1) This Act applies in relation to the offshore areas of:

 (a) each of the States; and

 (b) each of the eligible Territories;

as if references in this Act to Australia included references to those offshore areas. This subsection has effect subject to subsection (2).

 (2) The application of this Act in accordance with subsection (1) in relation to an offshore area extends only in relation to acts, matters and things touching, concerning, arising out of or connected with:

 (a) the exploration of the continental shelf of Australia; or

 (b) the exploitation of the resources of the continental shelf of Australia.

 (3) The application of this Act in accordance with subsection (1) in relation to an offshore area extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the offshore area for a reason touching, concerning, arising out of or connected with:

 (a) the exploration of the continental shelf of Australia; or

 (b) the exploitation of the resources of the continental shelf of Australia.

 (4) Subsection (3) does not, by implication, limit subsection (2).

 (5) In this section:

offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

11A  Application of the Criminal Code

  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

12  Act subject to Radiocommunications Act

 (1) This Act has effect subject to the Radiocommunications Act 1992.

 (2) However, to avoid doubt, the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.

13  Continuity of partnerships

  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.

14  Controlled carriage services, controlled networks and controlled facilities

Controlled carriage services

 (1) For the purposes of this Act, if:

 (a) a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and

 (b) the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be;

the carriage service is a controlled carriage service of the carrier or the provider, as the case may be.

Controlled networks

 (2) For the purposes of this Act, if:

 (a) a carrier or carriage service provider operates a telecommunications network; and

 (b) the network satisfies the geographical test set out in subsection (4);

the network is a controlled network of the carrier or the provider, as the case may be.

Controlled facilities

 (3) For the purposes of this Act, if:

 (a) a carrier or carriage service provider operates a facility; and

 (b) the facility satisfies the geographical test set out in subsection (4);

the facility is a controlled facility of the carrier or provider, as the case may be.

Geographical test

 (4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if:

 (a) the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or

 (b) all of the following conditions are satisfied:

 (i) a person, or a group of persons, operates the network or the facility, as the case requires;

 (ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications‑related business wholly or partly in Australia;

 (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service.

Definition

 (5) In this section:

telecommunications‑related business means a business that consists of, or includes:

 (a) supplying a carriage service; or

 (b) supplying goods or services for use in connection with the supply of a carriage service; or

 (c) supplying a content service; or

 (d) installing, maintaining, operating or providing access to:

 (i) a telecommunications network; or

 (ii) a facility.

15  Content service

 (1) For the purposes of this Act, a content service is:

 (a) a broadcasting service; or

 (b) an on‑line information service (for example, a dial‑up information service); or

 (c) an on‑line entertainment service (for example, a video‑on‑demand service or an interactive computer game service); or

 (d) any other on‑line service (for example, an education service provided by a State or Territory government); or

 (e) a service of a kind specified in a determination made by the Minister for the purposes of this paragraph.

 (2) The Minister may, by legislative instrument, make a determination for the purposes of paragraph (1)(e).

16  Listed carriage services

 (1) For the purposes of this Act, the following carriage services are listed carriage services:

 (a) a carriage service between a point in Australia and one or more other points in Australia;

 (b) a carriage service between a point and one or more other points, where the first‑mentioned point is in Australia and at least one of the other points is outside Australia;

 (c) a carriage service between a point and one or more other points, where the first‑mentioned point is outside Australia and at least one of the other points is in Australia.

 (2) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else.

 (3) For the purposes of this section, a point that is:

 (a) in the atmosphere; and

 (b) in or below the stratosphere; and

 (c) above Australia;

is taken to be a point in Australia.

 (4) For the purposes of this section, a point that is:

 (a) on a satellite; and

 (b) above the stratosphere;

is taken to be a point outside Australia.

18  Access to an emergency call service

  For the purposes of this Act, a person is taken not to have access to an emergency call service unless, in the event that the person attempts to place a call to the relevant emergency service number, the call can be established and maintained.

19  Recognised person who operates an emergency call service

 (1) A reference in this Act to a recognised person who operates an emergency call service is a reference to a person who:

 (a) operates an emergency call service; and

 (b) is specified, in a written determination made by the ACMA for the purposes of this paragraph, as:

 (i) a national operator of emergency call services; or

 (ii) a regional operator of emergency call services.

 (2) A copy of a determination under paragraph (1)(b) is to be published in the Gazette.

 (3) A person may be specified in a determination under paragraph (1)(b) even if the person does not operate an emergency call service at the time the determination is made.

 (4) Subsection (3) is enacted for the avoidance of doubt.

20  Customer cabling

 (1) For the purposes of this Act, customer cabling means a line that, under the regulations, is treated as customer cabling.

 (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network.

Note: Boundary of a telecommunications network is defined by section 22.

 (3) Subsection (2) does not, by implication, limit subsection (1).

 (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer cabling means a line that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network.

Note: Boundary of a telecommunications network is defined by section 22.

21  Customer equipment

 (1) For the purposes of this Act, customer equipment means:

 (a) any equipment, apparatus, tower, mast, antenna or other structure or thing; or

 (b) any system (whether software‑based or otherwise);

that:

 (c) is used, installed ready for use or intended for use in connection with a carriage service; and

 (d) under the regulations, is treated as customer equipment;

but does not include a line.

 (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network.

Note: Boundary of a telecommunications network is defined by section 22.

 (3) Subsection (2) does not, by implication, limit subsection (1).

 (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer equipment means:

 (a) any equipment, apparatus, tower, mast, antenna or other structure or thing that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; or

 (b) any system (whether software‑based or otherwise) that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network;

but does not include:

 (c) a line; or

 (d) equipment of a kind specified in regulations made for the purposes of this paragraph; or

 (e) an apparatus, tower, mast, antenna or other structure or thing that is of a kind specified in regulations made for the purposes of this paragraph; or

 (f) a system (whether software‑based or otherwise) that is of a kind specified in regulations made for the purposes of this paragraph.

Note : Boundary of a telecommunications network is defined by section 22.

22  Customer cabling and customer equipment—boundary of a telecommunications network

 (1) For the purposes of sections 20, 21, 30, 349, 372B, 372C and 372V, the boundary of a telecommunications network is to be ascertained in accordance with the regulations.

 (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to any or all of the following:

 (a) the terms of an agreement between 2 or more carriers, where the agreement is entered into for the purposes of those regulations;

 (b) the terms of an agreement between 2 or more carriage service providers, where the agreement is entered into for the purposes of those regulations;

 (c) the terms of an agreement between a carrier and a carriage service provider, where the agreement is entered into for the purposes of those regulations;

 (d) the terms of an agreement between a carrier and a customer of the carrier, where the agreement is entered into for the purposes of those regulations;

 (e) the terms of an agreement between a carriage service provider and a customer of the provider, where the agreement is entered into for the purposes of those regulations.

 (3) Subsection (2) does not, by implication, limit subsection (1).

 (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of sections 20, 21, 30, 349, 372B, 372C and 372V, the boundary of a telecommunications network is:

 (a) in a case where a telecommunications network is used to supply a carriage service to an end‑user in a building by means of a line that enters the building—the point agreed between the customer and the carrier or carriage service provider who operates the telecommunications network, or, failing agreement:

 (i) if there is a main distribution frame in the building and the line is connected to the frame—the side of the frame nearest to the end‑user; or

 (ii) if subparagraph (i) does not apply but the line is connected to a network termination device located in, on or within close proximity to, the building—the side of the device nearest to the end‑user; or

 (iii) if neither subparagraph (i) nor (ii) applies but the line is connected to one or more sockets in the building—the side nearest to the end‑user of the first socket after the building entry point; or

 (b) in a case where a telecommunications network is used to supply a carriage service to an end‑user by means of a satellite‑based facility that transmits to, or receives transmissions from, the point where the end user is located—the outer surface of the satellite‑based facility; or

 (c) in a case where:

 (i) a telecommunications network is used to supply a carriage service to an end‑user; and

 (ii) paragraphs (a) and (b) do not apply;

  the outer surface of the fixed facility nearest to the end‑user, where the facility is used, installed ready for use or intended for use to supply the carriage service.

 (5) If, immediately before 1 July 1997, the boundary of a telecommunications network used to supply a standard telephone service to an end‑user in a building by means of a line that enters the building is the side of a main distribution frame, or a telephone socket, nearest to the end‑user, paragraph (4)(a) has effect, on and after 1 July 1997, as if the customer and the carrier or carriage service provider who operates the network had agreed to the boundary at that point.

 (6) Subsection (5) does not prevent the customer and the carrier or carriage service provider agreeing to a boundary at a different point.

 (7) For the purposes of subsection (4), the building entry point is the point at which a line that is used to provide a carriage service to an end‑user in a building meets the outer surface of that building, immediately before entering the building.

 (8) In this section:

building includes a structure, a caravan and a mobile home.

23  Immediate circle

 (1) For the purposes of this Act, a person’s immediate circle consists of the person, together with the following persons:

 (a) if the person is an individual—an employee of the individual;

 (b) if the person is a partnership—an employee of the partnership;

 (c) if the person is a body corporate:

 (i) an officer of the body corporate;

 (ii) if another body corporate is related to the first‑mentioned body corporate (within the meaning of the Corporations Act 2001)—that other body corporate and an officer of that other body corporate;

 (d) if the person is the Commonwealth:

 (i) an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

 (ii) an officer or employee of the Commonwealth;

 (iii) a member of the Australian Defence Force;

 (iv) a member of the Australian Federal Police;

 (v) a member of the Parliament and a member of the staff of a member of the Parliament;

 (vi) a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;

 (e) if the person is a State:

 (i) an authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

 (ii) an officer or employee of the State;

 (iii) a member of the police force of the State;

 (iv) a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;

 (v) a person who holds or performs the duties of an office under a law of the State;

 (f) if the person is a Territory:

 (i) an authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

 (ii) an officer or employee of the Territory;

 (iii) a member of the police force of the Territory;

 (iv) a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;

 (v) a person who holds or performs the duties of an office under a law of the Territory;

 (g) if the person is an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function):

 (i) a constituent member or an employee of the authority or institution;

 (ii) the Commonwealth;

 (iii) an officer or employee of the Commonwealth;

 (iv) a member of the Australian Defence Force;

 (v) a member of the Australian Federal Police;

 (vi) a member of the Parliament and a member of the staff of a member of the Parliament;

 (vii) a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;

 (viii) another authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;

 (h) if the person is an authority or institution of the Commonwealth, being an authority or institution that carries on a business as a core function—a constituent member or an employee of the authority or institution;

 (i) if the person is an authority or institution of a State (other than an authority or institution that carries on a business as a core function):

 (i) a constituent member or an employee of the authority or institution;

 (ii) the State;

 (iii) an officer or employee of the State;

 (iv) a member of the police force of the State;

 (v) a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;

 (vi) a person who holds or performs the duties of an office under a law of the State;

 (vii) another authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;

 (j) if the person is an authority or institution of a State, being an authority or institution that carries on a business as a core function—a constituent member or an employee of the authority or institution;

 (k) if the person is an authority or institution of a Territory (other than an authority or institution that carries on a business as a core function):

 (i) a constituent member or an employee of the authority or institution;

 (ii) the Territory;

 (iii) an officer or employee of the Territory;

 (iv) a member of the police force of the Territory;

 (v) a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;

 (vi) a person who holds or performs the duties of an office under a law of the Territory;

 (vii) another authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;

 (l) if the person is an authority or institution of a Territory, being an authority or institution that carries on a business as a core function—a constituent member or employee of the authority or institution;

 (m) if the person is a tertiary education institution:

 (i) a member of the governing body of the tertiary education institution;

 (ii) an officer or employee of the tertiary education institution;

 (iii) a student of the tertiary education institution;

 (n) a person specified in a determination under subsection (2).

 (2) The Minister may, by legislative instrument, make a determination specifying persons for the purposes of paragraph (1)(n).

 (3) A determination under subsection (2) may be unconditional or subject to such conditions (if any) as are specified in the determination.

 (4) Paragraphs (1)(a) to (m) (inclusive) do not, by implication, limit subsections (2) and (3).

 (5) The Minister may, by legislative instrument, make a determination providing that a specified authority or specified institution is taken to carry on a business as a core function for the purposes of subsection (1).

 (6) The Minister may, by legislative instrument, make a determination providing that a specified authority or specified institution is taken not to carry on a business as a core function for the purposes of subsection (1).

 (7) A determination under subsection (2), (5) or (6) has effect accordingly.

 (9) For the purposes of this section, a person who holds or performs the duties of the office of Administrator of the Northern Territory is taken to be an officer of that Territory.

 (10) For the purposes of this section, the Australian Federal Police is taken to be the police force of the Australian Capital Territory.

 (11) In this section:

core function, in relation to an authority or institution, means a function of the authority or institution other than a secondary or incidental function.

director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

officer, in relation to a body corporate, includes a director, secretary, executive officer or employee of the body.

tertiary education institution means:

 (a) a higher education institution (within the meaning of the Student Assistance Act 1973); or

 (b) a technical and further education institution (within the meaning of that Act).

24  Extended meaning of use

  Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:

 (a) in isolation; or

 (b) in conjunction with one or more other things.

Part 2—Network units

Division 1—Simplified outline

25  Simplified outline

  The following is a simplified outline of this Part:

Division 2—Basic definition

26  Single line links connecting distinct places in Australia

 (1) If:

 (a) a line link connects distinct places in Australia; and

 (b) the distinct places are at least the statutory distance apart;

the line link is a network unit.

 (2) For the purposes of this section, the statutory distance is:

 (a) 500 metres; or

 (b) if a longer distance, not exceeding 50 kilometres, is specified in the regulations—that longer distance.

27  Multiple line links connecting distinct places in Australia

 (1) If:

 (a) the same person owns, or the same persons own, 2 or more line links; and

 (b) each of those line links connects distinct places in Australia; and

 (c) the aggregate of the distances between the distinct places is more than the statutory distance;

each of those line links is a network unit.

Note: Statutory distance is defined by subsection (3).

 (2) If:

 (a) the following conditions are satisfied in relation to 2 or more line links:

 (i) the owners of the line links are bodies corporate;

 (ii) the owners of the line links are all members of the same related company group; and

 (b) each of those line links connects distinct places in Australia; and

 (c) the aggregate of the distances between the distinct places is more than the statutory distance;

each of those line links is a network unit.

Note: Statutory distance is defined by subsection (3).

 (3) For the purposes of this section, the statutory distance is:

 (a) 5 kilometres; or

 (b) if a longer distance, not exceeding 500 kilometres, is specified in the regulations—that longer distance.

 (4) In this section:

owner means legal or beneficial owner, and own has a corresponding meaning.

related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group.

 (5) For the purposes of this section, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.

28  Designated radiocommunications facility

 (1) If a designated radiocommunications facility is used, or is for use, to supply a carriage service between a point in Australia and one or more other points in Australia, the facility is a network unit.

 (2) It does not matter whether the supply involves:

 (a) the use of a satellite; or

 (b) the use of a line or other facility outside Australia.

 (3) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else.

 (4) For the purposes of this section, a point that is:

 (a) in the atmosphere; and

 (b) in or below the stratosphere; and

 (c) above Australia;

is taken to be a point in Australia.

 (5) For the purposes of this section, a point that is:

 (a) on a satellite; and

 (b) above the stratosphere;

is taken to be a point outside Australia.

29  Facilities specified in Ministerial determination

 (1) The Minister may, by legislative instrument, determine that a specified facility is a network unit for the purposes of this Act.

 (2) The determination has effect accordingly.

 (4) To avoid doubt, nothing in the other provisions of this Part limits the power conferred by subsection (1).

Division 3—Related definitions

30  Line links

 (1) A line constitutes a line link.

 (2) If:

 (a) a line is connected to another line; and

 (b) the other line constitutes, or forms part of, a line link;

the first‑mentioned line, and the line link referred to in paragraph (b), together constitute a line link.

 (3) Subsection (2) is recursive, that is, the reference in paragraph (2)(b) to a line link is a reference to something that is a line link because of any other application or applications of this section.

 (4) For the purposes of subsection (2), a line is connected to another line if, and only if:

 (a) the lines are connected to each other; or

 (b) each of the lines is connected to the same facility (other than a line);

in such a way that a communication can be carried, by means of the 2 lines, or by means of facilities including the 2 lines, in the same way as if the 2 lines were a single line.

 (4A) A line does not form part of any line link to the extent that the line is on the customer side of the boundary of a telecommunications network.

Note: Boundary of a telecommunications network is defined by section 22.

 (5) A facility other than a line does not form part of any line link.

31  Designated radiocommunications facility

 (1) A reference in this Act to a designated radiocommunications facility is a reference to:

 (a) a base station used, or for use, to supply a public mobile telecommunications service; or

 (b) a base station that is part of a terrestrial radiocommunications customer access network; or

 (c) a fixed radiocommunications link; or

 (d) a satellite‑based facility; or

 (e) a radiocommunications transmitter of a kind specified in a determination under subsection (2); or

 (f) a radiocommunications receiver of a kind specified in a determination under subsection (3);

but does not include a reference to:

 (g) a base station of a kind declared under subsection (5) to be exempt from this section; or

 (h) a fixed radiocommunications link of a kind declared under subsection (5) to be exempt from this section; or

 (i) a satellite‑based facility of a kind declared under subsection (5) to be exempt from this section.

Note 1: Public mobile telecommunications service is defined by section 32.

Note 2: Base station that is part of a terrestrial radiocommunications customer access network is defined by section 34.

Note 3: Fixed radiocommunications link is defined by section 35.

Note 4: Satellite‑based facility is defined by section 7.