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Telecommunications Act 1997
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2023C00163 (C107)
01 July 2023
-
20 September 2023
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Volume 1
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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
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Part 2—Network units
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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
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Part 3—Carriers
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Division 1—Simplified outline
41 Simplified outline
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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
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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
56AA Deemed carrier licence—designated Telstra successor company
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
63A Conditions of a carrier licence held by Telstra Limited
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
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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
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Division 5—Register of nominated carrier declarations and carrier licences
84 Register of nominated carrier declarations and carrier licences
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Part 4—Service providers
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Division 1—Simplified outline
85 Simplified outline
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Division 2—Service providers
86 Service providers
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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
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Division 4—Content service providers
97 Content service providers
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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
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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 a designated Telstra successor company of an undertaking about structural separation
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Part 6—Industry codes and industry standards
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Division 1—Simplified outline
106 Simplified outline
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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
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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
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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
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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
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Division 6—Register of industry codes and industry standards
136 ACMA to maintain Register of industry codes and industry standards
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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
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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
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Part 8—Local access lines
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Division 1—Introduction
142 Simplified outline of this Part
142A Definitions
142B Functional separation undertaking given by a person
142BA Promotion of the long term interests of end users of carriage services and of services supplied by means of carriage services
142BB Terms and conditions
142BC Unsatisfactory compliance record
142BD Designated carriage service
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Division 2—Supply of eligible services to be on wholesale basis
142C Supply of eligible services to be on wholesale basis—lines that come into existence on or after the designated commencement date etc.
143 Supply of eligible services to be on wholesale basis—networks in existence before the designated commencement date etc.
143AA Judicial enforcement of prohibitions
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Division 2A—Exemptions
143A Class exemptions
143B Compliance with conditions and limitations of exemption determinations
143C Judicial enforcement of conditions and limitations of exemption determinations
143D Publication of list of persons who have elected to be bound by exemption determinations
143E Exemptions—certain real estate development projects etc.
143F Exemptions—lines installed in close proximity to other lines
143G Exemptions—networks covered by exemption instruments
143H Exemption—networks marketed as business networks
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
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Division 2B—Functional separation undertakings
151A Standard functional separation undertaking
151B Deemed standard functional separation undertaking
151C Joint functional separation undertaking
151D Further information about undertaking
151E Withdrawal of undertaking that is under consideration
151F ACCC to accept or reject functional separation undertaking
151G Consultation—acceptance or rejection of undertaking
151H Serial undertakings
151J Criteria for accepting functional separation undertaking
151K Variation of functional separation undertaking that is under consideration
151L Replacement of functional separation undertaking that is under consideration
151M Renewal of functional separation undertaking
151N Variation of expiry time of certain functional separation undertakings
151P Duration of functional separation undertaking
151Q Variation of functional separation undertaking that is in force
151R Further information about variation of functional separation undertaking
151S Withdrawal of variation that is under consideration
151T ACCC to accept or reject variation
151U Consultation—acceptance or rejection of variation
151V Criteria for accepting variation
151W Revocation of functional separation undertaking
151X Consultation—revocation of functional separation undertaking
151Y Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation
151Z Variation of functional separation undertaking following giving of revocation notice
151ZA Reporting obligations following giving of revocation notice
151ZB Requirement to notify changes in control of person who gave undertaking
151ZC Register of functional separation undertakings
151ZD Compliance with functional separation undertaking
151ZE Enforcement of functional separation undertaking
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Division 2C—Non discrimination rules
151ZF Eligible services to be supplied on a non discriminatory basis
151ZG Eligible services—related activities to be carried on on a non discriminatory basis
151ZH Statement about the differences between an access agreement and an offer etc.
151ZHA Judicial enforcement of non discrimination rules
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Division 3—Other provisions
151ZI Anti avoidance
151ZJ Self incrimination
151ZK Delegation
151ZL Review by the Australian Competition Tribunal
151ZM Functions and powers of the Australian Competition Tribunal etc.
151ZN Provisions that do not apply in relation to an Australian Competition Tribunal review
152 Associate
153 Control
154 Control of a company
155 When a person is in a position to exercise control of a network
155A When a person is in a position to exercise control of a line
156 Deemed networks etc.
156A Certain lines deemed to have come into existence on or after the designated commencement date
157 Certain installations and connections are not taken to be an extension, alteration or upgrade of a network
158 Local access line
158A Deemed local access lines
159 Alteration
160 Upgrade of telecommunications network
161 Extended meaning of residential customer
162 Close proximity
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Part 13—Protection of communications
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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
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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
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Division 3—Exceptions to primary disclosure/use offences
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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
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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
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Subdivision B—Ministerial instruments
295N Criteria for deciding authorisation applications
295P Conditions
295Q Other reviewable decisions
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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
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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
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Volume 2
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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
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Part 15—Industry assistance
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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
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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.
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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
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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
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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
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Division 6—Unauthorised disclosure of information etc.
317ZF Unauthorised disclosure of information
317ZFA Powers of a court
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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
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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
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Part 16—Defence requirements and disaster plans
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Division 1—Introduction
333 Simplified outline
334 Defence authority
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Division 2—Supply of carriage services
335 Requirement to supply carriage services for defence purposes or for the management of natural disasters
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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
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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
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Division 5—Delegation
347 Delegation
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Part 17—Pre selection in favour of carriage service providers
348 Simplified outline
349 Requirement to provide pre selection
349A Local access line
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
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Part 18—Calling line identification
354 Simplified outline
355 Calling line identification
356 Exemptions from calling line identification requirement
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Part 19—Statutory infrastructure providers
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Division 1—Introduction
360 Simplified outline of this Part
360A Definitions
360AA Qualifying fixed wireless carriage service
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Division 2—Service areas and statutory infrastructure providers
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Subdivision AA—Introduction
360B Simplified outline of this Division
360C Definition of service area
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Subdivision A—Rules applicable before the designated day
360D Interim NBN service area
360E Statutory infrastructure provider for an interim NBN service area
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Subdivision B—Rules applicable after the start of the designated day
360F General service area
360G Statutory infrastructure provider for the general service area
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Subdivision C—Rules applicable before, at and after the start of the designated day
360H Nominated service area—declaration made by a carrier
360HA Nominated service area—anticipatory notice to be given to the ACMA by a carrier
360J Nominated service area—carrier licence conditions declarations
360K Statutory infrastructure provider for a nominated service area
360L Designated service area and statutory infrastructure provider
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Subdivision D—Format of description of areas
360LA Format of description of areas
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Division 3—Obligations of statutory infrastructure provider
360P Obligation of statutory infrastructure provider to connect premises
360Q Obligation of statutory infrastructure provider to supply eligible services—premises
360R Notification obligations of statutory infrastructure provider
360S Targets for NBN Co
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Division 4—Standards, benchmarks and rules
360U Standards and benchmarks
360V Rules
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Division 5—Publication of offers
360W Publication of offer etc.—connection of premises
360X Publication of offer—supply of eligible services
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Division 6—Miscellaneous
360XA Periodic compliance reports
360Y Building redevelopment projects etc.
360Z Register of statutory infrastructure providers and anticipatory notices
360ZA Delegation
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Part 20—International aspects of activities of the telecommunications industry
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Division 1—Simplified outline
364 Simplified outline
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Division 2—Compliance with international agreements
365 INTELSAT and Inmarsat—directions to Signatories
366 Compliance with conventions
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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
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Part 20A—Deployment of optical fibre etc.
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Division 1—Simplified outline
372A Simplified outline
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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
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Division 3—Installation of fibre ready facilities
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Subdivision A—Installation obligations
372E Installation of fibre ready facilities—building lots
372F Installation of fibre ready facilities—building units
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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
372J Acquisition of property
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Subdivision D—Exemptions
372K Exemptions—Ministerial instrument
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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
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Division 5—Exemption of certain projects
372P Exemption of certain projects
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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
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Part 21—Technical regulation
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Division 1—Simplified outline
373 Simplified outline
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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
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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
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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
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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
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Division 5A—Technical standards relating to Layer 2 bitstream services
389A ACMA’s power to determine technical standards
389B Compliance with technical standards
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Division 6—Connection permits and connection rules
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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
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Subdivision B—Connection rules
404 Connection rules
405 Procedures for making connection rules
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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
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Division 8—Protected symbols
417 Protected symbols
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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
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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
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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
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Division 12—Pre commencement labels
453 Pre commencement labels
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Division 13—Penalties payable instead of prosecution
453A Penalties payable instead of prosecution
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Part 22—Numbering of carriage services and regulation of electronic addressing
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Division 1—Simplified outline
454 Simplified outline
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Division 2—Numbering of carriage services
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Subdivision AA—Management by numbering scheme manager
454A Minister may determine numbering scheme manager
454B No property rights in numbers
454C Numbering scheme principles
454D Revocation of determination
454E Directions to numbering scheme manager
454F Numbering scheme manager providing information to the ACMA
454G Directions to comply with rules
454H Numbering scheme documents are not legislative instruments
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Subdivision A—Management by the ACMA
455A Application
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
459A Delegation
460 Consultation about numbering plan
461 Consultation with ACCC
461A Making numbering plan in cases of urgency
462 Compliance with the numbering plan
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Subdivision B—Allocation system for numbers
463A Numbering scheme manager
463 Allocation system for numbers
464 Consultation about an allocation system
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Subdivision C—Miscellaneous
465 Register of allocated numbers
466 Emergency service numbers
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
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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
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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
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Part 24—Carriers’ powers and immunities
484 Schedule 3
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Part 24A—Submarine cables
484A Schedule 3A
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Part 25—Public inquiries
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Division 1—Simplified outline
485 Simplified outline
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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
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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
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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
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Part 27—The ACMA’s information gathering powers
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Division 1—Simplified outline
520 Simplified outline
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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
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Division 3—Record keeping rules
529 ACMA may make record keeping rules
530 Compliance with record keeping rules
531 Incorrect records
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Part 28—Enforcement
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Division 1—Introduction
532 Simplified outline
532A References to the Spam Act 2003
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Division 2—Inspectors and identity cards
533 Inspectors
534 Identity cards
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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.
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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
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Division 5—Searches to monitor compliance with Part 21
547 Searches to monitor compliance with Part 21
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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
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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
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Division 6—Other powers of inspectors
548 General powers of inspectors
549 Power to require information etc.
550 Retention of documents
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Division 7—Forfeiture
551 Court may order forfeiture
552 Forfeited goods may be sold
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Division 8—Future offences
553 Offences that are going to be committed
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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
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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
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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
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Part 31A—Enforceable undertakings
572A Simplified outline
572B Acceptance of undertakings
572C Enforcement of undertakings
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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
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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
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Part 33—Voluntary undertakings originally given by Telstra
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Division 1—Introduction
577 Simplified outline
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Division 2—Structural separation
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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
577ACA Repointing of undertaking about structural undertaking to certain designated Telstra successor companies
577ACB Directions—facilitation of 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
577BAA Directions—facilitation of contract or agreement
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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
577BEA Repointing of final migration plan to certain designated Telstra successor companies
577BEB Directions—facilitation of final migration plan
577BF Variation of final migration plan
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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
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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
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Division 5—Enforcement of undertakings
577FA Enforcement of undertakings in force under section 577A
577G Enforcement of undertakings in force under section 577C or 577E
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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.
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Division 7—Other provisions
577M Associate
577N Control
577P Control of a company
577Q When Telstra or a designated Telstra successor company is in a position to exercise control of a network
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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
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Part 34A—Telstra successor companies and designated Telstra successor companies
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Division 1—Introduction
581A Simplified outline of this Part
581B Object of this Part
581C Company
581D Telecommunications law
581E Prescribed telecommunications law
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Division 2—Telstra successor company and designated Telstra successor company
581F Telstra successor company
581G Designated Telstra successor company
581H Declarations—criteria
581J Demerged Telstra company
581K ACMA to maintain register of Telstra successor companies and designated Telstra successor companies etc.
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Division 3—Transfer of business
581L Telecommunications business
581M Notification of transfer of telecommunications business
581MA Notification of proposed transfer of prescribed business
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Division 4—Transfer of assets
581N Telecommunications asset
581P Notification of transfer of telecommunications asset
581PA Notification of proposed transfer of prescribed asset
581Q Transfer of an asset
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Division 5—Consultation relating to declarations
581R Consultation relating to declarations
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Division 6—Directions
581TA Facilitation of compliance with a direction given by the ACMA
581TB Facilitation of obligations imposed on a named designated Telstra successor company
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Division 7—Transitional
581U Transitional—references in legislation to Telstra Infraco Limited
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Part 34B—Access to supplementary facilities and telecommunications transmission towers
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Division 1—Introduction
581V Simplified outline of this Part
581W Carrier company group
581X Eligible company
581XA Deemed bodies corporate
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Division 2—Access to supplementary facilities
581Y Access to supplementary facilities
581Z Terms and conditions of access
581ZA Ministerial pricing determinations
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Division 3—Access to telecommunications transmission towers
581ZB Definitions
581ZBA Telecommunications transmission tower
581ZC Extended meaning of access
581ZD Access to telecommunications transmission towers
581ZE Terms and conditions of access
581ZF Code relating to access
581ZG This Division does not limit Division 2
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Division 4—Review of corporate control percentage
581ZH Review of corporate control percentage
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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
593A Removal of Optus Networks’ tax losses
594 Regulations
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Volume 3
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Schedule 1—Standard carrier licence conditions
Part 1—Compliance with this Act
1 Compliance with this Act
Part 3—Access to supplementary facilities
16 Simplified outline
17 Access to supplementary facilities
18 Terms and conditions of access
19 Ministerial pricing determinations
Part 4—Access to network information
20 Simplified outline
21 Access to network information
22 Access to information in databases
23 Access to network planning information
24 Access to information about likely changes to network facilities—completion success rate of calls
25 Access to quality of service information etc.
26 Security procedures
27 Terms and conditions of compliance
27A Code relating to access to information
28 Ministerial pricing determinations
29 Consultation about reconfiguration etc.
29A Code relating to consultation
Part 5—Access to telecommunications transmission towers and to underground facilities
30 Simplified outline
31 Definitions
32 Extended meaning of access
33 Access to telecommunications transmission towers
34 Access to sites of telecommunications transmission towers
35 Access to eligible underground facilities
36 Terms and conditions of access
37 Code relating to access
38 Industry co operation about sharing of sites and eligible underground facilities
39 This Part does not limit Part 3 of this Schedule
Part 6—Inspection of facilities etc.
40 Simplified outline
41 Records relating to underground facilities
42 Regular inspection of facilities
43 Prompt investigation of dangerous facilities
44 Remedial action
Part 7—Any to any connectivity
44A Simplified outline
45 Definitions
46 Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any to any connectivity
47 Designated interconnection services
Part 9—Functional separation of Telstra
Division 1—Introduction
68 Simplified outline
69 Definitions
70 Declared network services
71 Regulated services
72 Notional contracts
Division 2—Functional separation undertaking
73 Contents of draft or final functional separation undertaking
74 Functional separation principles
75 Functional separation requirements determination
76 Draft functional separation undertaking to be given to Minister
77 Approval of draft functional separation undertaking by Minister
78 Time limit for making an approval decision
79 Effect of approval
80 Variation of final functional separation undertaking
81 Publication of final functional separation undertaking
82 Compliance with final functional separation undertaking
Part 10—Control and use by Telstra of certain spectrum licences
Division 1—Introduction
83 Simplified outline
Division 2—Control and use by Telstra of certain spectrum licences
84 Control by Telstra of certain spectrum licences
85 Use by Telstra of certain spectrum licences
Division 3—Other provisions
86 Associate
87 Control
88 When Telstra is in a position to exercise control of a spectrum licence
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Schedule 2—Standard service provider rules
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Part 1—Compliance with this Act
1 Compliance with this Act
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Part 2—Operator services
2 Simplified outline
3 Scope of Part
4 Operator services must be provided to end users of a standard telephone service
5 Access to end users of other carriage service providers
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Part 3—Directory assistance services
6 Simplified outline
7 Directory assistance services must be provided to end users
8 Access by end users of other carriage service providers
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Part 4—Integrated public number database
9 Simplified outline
10 Carriage service providers must give information to Telstra Limited
11 Carriage service providers must give information to another person or association
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Part 5—Itemised billing
12 Simplified outline
13 Itemised billing
14 Exemptions from itemised billing requirements
15 Details that are not to be specified in an itemised bill
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Part 6—Priority assistance
16 Simplified outline
17 Priority assistance industry code
18 Compliance with the priority assistance industry code
19 Information for prospective residential customers of a carriage service provider who does not offer priority assistance
20 Requirements for Telstra Limited and Telstra
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Schedule 3—Carriers’ powers and immunities
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Part 1—General provisions
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Division 1—Simplified outline and definitions
1 Simplified outline
2 Definitions
3 Designated overhead line
4 Extension to a tower to be treated as the installation of a facility
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Division 2—Inspection of land
5 Inspection of land
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Division 3—Installation of facilities
6 Installation of facilities
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Division 4—Maintenance of facilities
7 Maintenance of facilities
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Division 5—Conditions relating to the carrying out of authorised activities
8 Carrier to do as little damage as practicable
8A Carrier to remove temporary facilities
8B Low impact facility installed at or near a venue—annual limit
8C Low impact facility installed to provide additional capacity during a high demand holiday period—annual limit
9 Carrier to restore land—general
9A Carrier to restore land—removal of temporary facilities
10 Management of activities
11 Agreements with public utilities
12 Compliance with industry standards
13 Compliance with international agreements
14 Conditions specified in the regulations
15 Conditions specified in a Ministerial Code of Practice
16 Conditions to which a facility installation permit is subject
17 Notice to owner of land—general
18 Notice to owner of land—lopping of trees etc.
19 Notice to roads authorities, utilities etc.
20 Roads etc. to remain open for passage
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Division 6—Facility installation permits
21 Application for facility installation permit
22 Form of application
23 Application to be accompanied by charge
24 Withdrawal of application
25 Issue of facility installation permit
26 Deemed refusal of facility installation permit
27 Criteria for issue of facility installation permit
28 Special provisions relating to environmental matters
29 Consultation with the ACCC
30 Facility installation permit has effect subject to this Act
31 Duration of facility installation permit
32 Conditions of facility installation permit
33 Surrender of facility installation permit
34 Cancellation of facility installation permit
35 Review of decisions by Administrative Appeals Tribunal
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Division 7—Exemptions from State and Territory laws
36 Activities not generally exempt from State and Territory laws
37 Exemption from State and Territory laws
38 Concurrent operation of State and Territory laws
39 Liability to taxation not affected
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Division 8—Miscellaneous
41 Guidelines
42 Compensation
43 Power extends to carrier’s employees etc.
44 State and Territory laws that discriminate against carriers and users of carriage services
45 State and Territory laws may confer powers and immunities on carriers
46 ACMA may limit tort liability in relation to the supply of certain carriage services
47 Ownership of facilities
48 ACMA may inform the public about designated overhead lines, telecommunications transmission towers and underground facilities
50 Monitoring of progress in relation to placing facilities underground
51 Removal of certain overhead lines
52 Commonwealth laws not displaced
53 Subdivider to pay for necessary alterations
54 Service of notices
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Part 2—Transitional provisions
60 Existing buildings, structures and facilities—application of State and Territory laws
61 Existing buildings, structures and facilities—application of the common law
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Part 3—Compensation for acquisition of property
62 Compensation for acquisition of property
63 Application of this Part
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Schedule 3A—Protection of submarine cables
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Part 1—Preliminary
1 Simplified outline
2 Definitions
2A Extension to offshore areas
2AA Operation in Greater Sunrise special regime area
2B Submarine cable installed in a protection zone
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Part 2—Protection zones
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Division 1—Simplified outline
3 Simplified outline
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Division 2—Declaration of protection zones
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Subdivision A—Declarations
4 ACMA may declare a protection zone
5 Declaration on ACMA’s initiative or in response to request
6 Response to a request to declare a protection zone
7 Decision not to declare a requested protection zone or to declare a different protection zone
8 Location of submarine cable to be specified in declaration
9 Area of a protection zone
10 Prohibited activities
11 Restricted activities
12 Conditions
13 When a declaration takes effect
14 Duration of declaration
Subdivision B—Prerequisites to declaration of a protection zone
15 ACMA to develop a proposal for a protection zone
17 ACMA to publish proposal etc.
17A ACMA to publish summary of proposal
18 Cable must be a submarine cable of national significance
19 Consultation with Environment Secretary
20 Matters the ACMA must have regard to
21 Environment and heritage considerations
22 Deadline for final decision about protection zone
Division 3—Varying or revoking a declaration of a protection zone
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Subdivision A—Variation or revocation
23 ACMA may vary or revoke a declaration of a protection zone
24 Variation or revocation on ACMA’s initiative or in response to request
25 ACMA to notify affected carrier of request to vary or revoke a declaration
26 Response to a request to vary or revoke a declaration
27 Decision not to vary or revoke a declaration after a request to do so
28 When a variation or revocation takes effect
29 Protection zone as varied must not exceed permitted area
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Subdivision B—Prerequisites to variation or revocation of declaration
30 ACMA to develop a variation or revocation proposal
32 ACMA to publish proposal etc.
32A ACMA to publish summary of proposal
33 Consultation with Environment Secretary
34 Matters the ACMA must have regard to
35 Deadline for final decision about varying or revoking a protection zone
Division 4—Offences in relation to a protection zone
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Subdivision A—Damaging a submarine cable
36 Damaging a submarine cable
37 Negligently damaging a submarine cable
38 Defence to offences of damaging a submarine cable
39 Master or owner of ship used in offence of damaging a submarine cable
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Subdivision B—Engaging in prohibited or restricted activities
40 Engaging in prohibited or restricted activities
41 Aggravated offence of engaging in prohibited or restricted activities
42 Defences to offences of engaging in prohibited or restricted activities
43 Alternative verdict if aggravated offence not proven
44 Master or owner of ship used in offence of engaging in prohibited or restricted activities
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Subdivision C—Foreign nationals and foreign ships
44A Foreign nationals and foreign ships
Division 5—Miscellaneous
45 Person may claim damages
46 Indemnity for loss of anchor etc.
47 ACMA to notify relevant authorities of declaration, variation etc. of protection zone
48 Notice if carrier decommissions a submarine cable
Part 3—Permits to install submarine cables
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Division 1—Simplified outline
50 Simplified outline
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Division 2—Protection zone installation permits
51 Application for a protection zone installation permit
52 Form of application etc.
53 Application to be accompanied by charge
54 Withdrawal of application
54A Notification of change of circumstances
55 Further information
55A Consultation
56 Grant or refusal of permit
57 Matters to which the ACMA must have regard in making a decision about a permit
57A Refusal of permit—security
58 Timing of decision on application
58A Conditions of permit
59 Duration of permit
60 Surrender of permit
61 Extension of permit
62 Suspension or cancellation of permit
63 Exemption from State and Territory laws
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Division 3—Non protection zone installation permits
64 Application for a permit to install an international submarine cable in Australian waters (otherwise than in a protection zone or coastal waters)
65 Form of application etc.
66 Application to be accompanied by charge
67 Withdrawal of application
67A Notification of change of circumstances
68 Further information
69 Grant or refusal of permit
70 Consultation
71 Matters to which the ACMA must have regard in making a decision about a permit
72A Refusal of permit—security
73 Timing of decision on application
73A Conditions of permit
74 Duration of permit
75 Surrender of permit
76 Extension of permit
77 Suspension or cancellation of permit
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Division 4—Conditions applicable to the installation of submarine cables
78 Application of this Division
79 Installation to do as little damage as practicable
80 Management of installation activities
81 Compliance with industry standards
82 Compliance with international agreements
83 Conditions specified in the regulations
83A Attorney General’s consent required for certain enforcement proceedings
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Division 5—Offences in relation to installation of submarine cables
84 Installing an international submarine cable without a permit
84A Installing a domestic submarine cable without a permit
85 Breaching conditions of a permit
86 Failing to comply with ACMA direction to remove an unlawfully installed international submarine cable
86A Failing to comply with ACMA direction to remove an unlawfully installed domestic submarine cable
Part 4—Compensation
87 Compensation
88 Compensation for acquisition of property
Part 5—Miscellaneous
89 Delegation by the Secretary of the Attorney General’s Department
90 Delegation by the Home Affairs Secretary
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Schedule 4—Reviewable decisions of the ACMA
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Part 1—Decisions that may be subject to reconsideration by the ACMA
1 Reviewable decisions of the ACMA
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Part 2—Decisions to which section 556 does not apply
2 Decisions to which section 556 does not apply
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes