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Telecommunications Act 1991
No. 98, 1991
No longer in force
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C2004C07511
20 May 1997
-
30 June 1997
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 General objects of Act
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Part 2—Interpretation
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Division 1—General
4 Effect of this Part
5 Definitions
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Division 2—Boundaries of telecommunications networks
6 End facilities
7 Boundary of a reserved line link
8 Facilities beyond the boundaries of a reserved line link
9 Facilities within the boundaries of a telecommunications network comprising a reserved line link
10 Other boundaries of a telecommunications network
11 Regulations may determine network boundaries
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Division 3—Distinct places
12 Basic rules
13 Properties
14 Combined areas
15 Principal user of a property
16 Eligible combined areas
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Division 4—Interpreting other expressions
17 Equipment etc. connected to network
18 Eligible services
19 What constitutes supply of an eligible service under a class licence
20 Meaning of customer equipment of same type
21 Inclusion of a service in a BCS tariff
22 Line links
23 Facilities ancillary to a line link
24 Reserved line links
25 Public mobile telecommunications service
26 Public access cordless telecommunications services
27 Different kinds of telecommunications services
28 When a carrier is in a position to dominate a market
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Part 3—Application of Act
29 Extraterritorial operation
30 Extension to external Territories
31 Extension to adjacent areas
32 Act binds the Crown
33 Act subject to Radiocommunications Act
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Part 4—Establishment, Functions and Powers of AUSTEL
34 AUSTEL
35 AUSTEL is body corporate etc.
36 General functions—overall responsibilities of AUSTEL
37 General functions—promotion of competition
38 General functions—protection of public interest and consumers
39 General functions—numbering
40 General functions—reports to Minister on competitive safeguards and carrier performance
41 General functions—licensing
42 General functions—technical regulation and setting of technical standards
43 General functions—administering universal service levy arrangements
44 Other functions
45 General powers
46 Power to give directions to carriers
47 AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences
48 General governmental obligations of AUSTEL
49 Minister may notify AUSTEL of policies of Commonwealth Government
50 Minister may give directions to AUSTEL
51 AUSTEL not otherwise subject to government direction
52 Consultation
53 Advisory committees
54 Exercise of certain powers
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Part 5—Licensing, and General Obligations, of Carriers
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Division 1—Objects of Part
55 Objects
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Division 2—Grant of licence
56 Applications for general telecommunications licences and certain public mobile licences
57 Decision on application
57A Allocation system for certain public mobile licences
58 Revocation of licence
59 Application for transfer of licence
60 Decision on application
61 Minister may delegate certain powers
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Division 3—Licence conditions
62 Conditions to which a licence is subject
63 Conditions about certain matters
64 Declaration of conditions of licences in a class
65 Declaration of conditions of particular licences
66 Notification and date of effect of instruments under sections 64 and 65
67 Carrier consent required for change in licence period
68 Minister to consult with carriers before changing licence conditions
69 Reports by AUSTEL on proposed instruments about licence conditions
70 Agreement with carrier about licences
71 Prescribed carrier obligations
72 Prescribed carrier obligation about untimed calls
73 Continued access to untimed calls made using the standard telephone service
73A Interception capability
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Division 4—International aspects of carriers’ activities
74 Signatory must give effect to policies of Commonwealth Government
75 Minister may notify carriers about conventions
76 Carriers to comply with relevant conventions and foreign laws
77 Minister may determine Code of Practice relating to dealings with international telecommunications operators
78 Code of Practice binding on carriers
79 Enforcement of Code of Practice
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Division 5—Accounting and charging procedures
80 Preparation of chart of accounts and cost allocation manual
81 When chart or manual binds carrier
82 AUSTEL may modify chart or manual as binding on a particular carrier
83 Carrier to keep books and records in accordance with chart and manual
84 Individual services to be priced and charged for separately
85 AUSTEL may give directions about accounting and charging requirements
86 AUSTEL may, for the purposes of this Part, inspect carrier’s books and records
87 Compliance with other laws
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Division 5A—Collection and recovery of public mobile licence charge
87A Definition
87B When charge is payable
87C Unpaid charge is a debt due to Commonwealth
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Division 6—Customer service guarantee
87D Interpretation
87E Performance standards
87F Damages for breach of performance standards
87G Scale of damages for breach of performance standards
87H Evidentiary certificate issued by the Telecommunications Industry Ombudsman
87J Waiver of customer service guarantee
87K Savings of other laws and remedies
87L Sections 121 and 122 do not apply to actions under this Division
87M Breach of performance standard is not an offence
87N Paragraph 62(a) does not apply to a breach of a performance standard
87P Minister may direct AUSTEL about the use of its powers under this Division
87Q Review of performance standards following Ministerial direction
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Part 5A—Protection of Communications
88 Carriers, suppliers and their employees not to disclose or use contents of communications etc.
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Part 6—Reserved Rights of Carriers
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Division 1—Declarations of policy
89 Declarations
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Division 2—Reserved rights
90 Reserved line links
91 Facilities ancillary to reserved line links
92 Supply of telecommunications services by satellite-based facilities
93 Provision of public payphones
94 Supply of public mobile telecommunications services
95 Action to enforce this Part
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Division 3—General exceptions
96 Acts done on behalf of a carrier
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Division 4—Exceptions relating to line links
97 Interpretation
98 Line links used by transport authorities
99 Line links used by broadcasters
100 Line links authorised by or under previous laws
101 Defence line links
102 Restriction on use or disposal of certain reserved line links
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Division 5—Exceptions relating to satellite-based facilities
103 Supply by satellite of international service to operator of licensed earth station
104 Satellite services for defence purposes
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Division 6—Use of certain facilities under AUSTEL authorisations
105 This Division not limited by Division 3, 4 or 5
106 Minister may direct AUSTEL in the use of its powers under this Division
107 AUSTEL to comply with Ministerial directions
108 AUSTEL may authorise use of certain facilities
109 Terms and conditions of authorisation
110 How long authorisation has effect
111 Dealing with line link after authorisation ceases
112 Variation of authorisations
113 Revocation
114 Effect of authorisation
115 Reconsideration of decisions
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Part 7—Carriers’ Powers and Immunities
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Division 1—General
116 Regulations may exempt carriers from State and Territory laws
117 National Code about carriers’ exempt activities
118 National Code binding on carriers
119 AUSTEL may give directions about complying with National Code
120 State and Territory laws that discriminate against carriers
121 AUSTEL may limit carriers’ tort liability in respect of supplying basic carriage services
122 Effect of limitation determined by AUSTEL
123 Ownership of telecommunications facilities
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Division 2—Industry codes of practice
124 Declaration of policy
125 Carrier may request AUSTEL to give directions about a prescribed arrangement
126 When AUSTEL may give directions
127 Enforcement of directions against persons other than carriers
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Division 3—Carriers’ powers to enter land
127A Land Access Code for carriers
127B Land Access Code binding on carriers
127C AUSTEL may give directions about complying with Land Access Code
128 Power to inspect land etc.
129 Powers relating to installation of facilities etc.
130 Trees may be cut etc.
131 A carrier may replace, repair and maintain facilities etc.
132 Subdivider to pay for necessary alterations
133 Power extends to carrier’s employees etc.
134 Carrier to do as little damage as practicable etc.
135 Service of notices
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Part 8—Access by Carriers to Networks and Services of other Carriers
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Division 1—Objects of Part
136 Objects
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Division 2—Access rights of carriers
137 Carriers’ rights to interconnection to networks of, and supply of telecommunications services by, other carriers
138 Supplementary access conditions of licences
139 AUSTEL’s role in negotiations for access agreements
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Division 3—Charging principles
140 Minister may determine principles to govern charging for access
141 Access agreements must comply with charging principles
142 Access agreements must be varied when charging principles change
143 AUSTEL may advise carriers when to vary access agreements
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Division 4—Registration of access agreements
144 AUSTEL to keep register
145 Effect of registration
146 Application for registration
147 Request for material to be put in the confidential part of the register
148 Decision on request
149 Effect of direction to include material in the confidential part
150 Agreement not to be registered pending determination of request; effect of refusal
151 Deregistration of agreements
152 Certificate of registration under this Division
153 Application of Division in relation to variation of access agreement
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Division 5—Arbitration
154 Arbitration by AUSTEL of terms of access
155 AUSTEL may extend time for giving its determination
156 Determination under section 154 taken to be an access agreement
157 Arbitration where carriers cannot agree on variation of access agreement
158 Determination supersedes previous agreements and determinations
159 AUSTEL’s way of operating
160 Constitution of AUSTEL for conduct of arbitration
161 Presiding member
162 Reconstitution of AUSTEL
163 Determination of questions
164 Previous activities as member of AUSTEL do not disqualify a member from participating in an arbitration
165 Arbitration to be conducted in private unless the parties agree otherwise
166 Steps to be taken in the arbitration
167 Party may request AUSTEL to treat material as confidential
168 AUSTEL may set up advisory panel
169 Public inquiry about matter involved in arbitration
170 The end of the arbitration
171 Carriers must help AUSTEL conduct arbitration
172 AUSTEL’s arbitration jurisdiction is exclusive
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Part 9—Supply of Basic Carriage Services by Carriers
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Division 1—Declarations of policy
173 Declarations
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Division 2—What constitutes a basic carriage service
174 Basic carriage services
175 Functions necessary for basic communications carriage
176 AUSTEL may give opinions about what is a basic carriage service
177 Public register of AUSTEL opinions
178 AUSTEL opinions are advisory only
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Division 3—Direction to a carrier to unbundle a basic carriage service
179 AUSTEL may inquire into the unbundling of a basic carriage service
180 Request to AUSTEL to hold unbundling inquiry
181 Direction to carrier following inquiry
182 How carrier must comply with direction
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Division 4—Prohibition of discrimination
183 Dominant carrier not to discriminate between acquirers of telecommunications services
184 Carrier not to discriminate against resuppliers
185 Exceptions
185A Decisions permitting discrimination
186 Action for discrimination
187 Dominant carrier not to favour itself when using its own basic carriage services to supply certain services
188 In other cases, carrier may favour itself when using its own basic carriage service to supply a service
189 Direction to carrier to make available information about its supply of basic carriage services
189A Operation of Part IV of the Trade Practices Act 1974
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Division 5—Tariffs of basic carriage services
190 Tariff of basic services
191 AUSTEL may disallow non-complying tariff
192 Variation and revocation of BCS tariff
193 AUSTEL may disallow variation that is contrary to section 192
194 Basic carriage service must be tariffed if supplied to a person other than a carrier
195 Dominant carrier may not use untariffed basic carriage services in supplying higher level services
196 When carrier may restrict use of tariffed basic carriage service to use in supplying specified higher level service
197 Dominant carrier must charge in accordance with its BCS tariff
198 Non-dominant carrier must not exceed charges in its BCS tariff
199 Effect of sections 197 and 198
200 Terms and conditions in BCS tariff apply unless excluded
201 BCS tariffs to be publicly available
201A Operation of Part IV of the Trade Practices Act 1974
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Division 6—Exception for registered access agreements
202 Supply of basic carriage service under registered access agreement
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Part 10—Supply of Telecommunications Services under Class Licences
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Division 1—Objects of Part
203 Objects
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Division 2—Ministerial directions
204 Minister may give directions to AUSTEL
205 Directions to have general application only
206 Directions not to affect pre-existing rights to supply services
207 Carrier may ask Minister to give direction about use of interconnected radcom facilities
208 Minister to consult carriers before varying or revoking a direction
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Division 3—Class licences
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Subdivision A—General
209 Issuing of class licences
210 Consultation with carriers on proposed class licences
211 Variation of class licences
212 Consultation with carriers on proposed variations of class licences
213 Publication of proposed restrictive variations of class licences
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Subdivision B—Applications for variation of class licences
214 Applications for variation of class licences
215 Carriers to be consulted on proposed variations
216 Carriers may make representations on proposed variations
217 Variation of class licences
218 Deemed refusal of applications etc.
219 Notice of right to seek reconsideration
220 Reconsideration of decisions
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Subdivision C—Registration of eligible services
221 Register of eligible services
222 Registration of eligible services
223 Deemed refusal of application for registration
224 Reconsideration of refusals of applications for registration
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Subdivision D—Enrolment of suppliers
225 Class licence conditions requiring suppliers to enrol
226 Roll of suppliers
227 Enrolment of suppliers
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Subdivision E—Unlicensed services
228 Declarations that services are unlicensed
229 Declarations in respect of registered eligible services
230 Reconsideration of declarations
231 Effect of declarations
232 Registration of unlicensed services
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Division 4—Use of telecommunications networks for the supply of eligible services
233 Connection etc. of unlicensed services
234 Carriers must connect eligible services
235 Action for failure to connect eligible services
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Part 11—Supply of Telecommunications Services Generally
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Division 1—Competition
235A Part IIIA of Trade Practices Act not to apply to supply of certain services
236 Certain acts done under this Act do not breach Part IV of the Trade Practices Act
237 Carrier may refuse to supply basic carriage service not included in its BCS tariff
238 This Division does not limit other Trade Practices Act exceptions
238A AUSTEL may disallow anti-competitive tariff
238B Certain tariffs, and variations of certain tariffs, not to come into force for an extended period
238C Minister may give directions to AUSTEL
238D Directions to have general application only
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Division 2—Management of numbering of telecommunications services
239 National numbering plan
240 Matters affecting national numbering plan
241 Services to be provided in accordance with national numbering plan
241A Allocation of numbers to be in accordance with section 242
242 Allocation of numbers
242A Charges in respect of allocation or use of numbers
242B Conditions in respect of allocation or use of numbers
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Part 12—Technical Regulation
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Division 1—Objects of Part
243 Objects
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Division 2—Technical standards about network matters
244 Determination of technical standards
245 Carriers to comply with network standards
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Division 3—Technical standards about customer equipment and customer cabling
246 Determination of technical standards
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Division 4—Technical standards generally
247 Publication etc. of proposed technical standards
248 Emergency determination of technical standards
249 Adoption of technical standards
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Division 5—Ministerial directions about permits and licences
250 Minister may give directions to AUSTEL
251 Directions to have general application only
252 Inconsistency with technical standards
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Division 6—Permits for customer equipment
253 Connection of customer equipment for which there is no permit
254 Disconnection of customer equipment for which there is no permit
255 Sale of customer equipment for which there is no permit
256 Register of customer equipment
257 Applications for permits
258 Issue of permits
259 Deemed refusal of permits
260 Variation of permits
261 Applications for variation of permits
262 Representations concerning variation of permits
263 Cancellation of permits
264 Representations concerning cancellation of permits
265 Transfer of permits
266 Accreditation etc. of test houses
267 AUSTEL may limit application of Division in relation to customer equipment
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Division 7—Licensing of cabling providers
268 Performance of cabling work without licence etc.
269 Register of cabling licences
270 Applications for cabling licences
271 Issue of cabling licences
272 Deemed refusal of cabling licences
273 Variation of cabling licences
274 Applications for variation of cabling licences
275 Representations concerning variation of cabling licences
276 Cancellation of cabling licences
277 Representations concerning cancellation of cabling licence
278 Surrender of cabling licences
279 Delegation of licensing
280 AUSTEL may limit application of Division in relation to customer cabling
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Division 8—Connection of customer equipment and customer cabling to telecommunications networks
281 Disconnection etc. of customer equipment or customer cabling
282 Directions to pay compensation
283 Action for unauthorised connection to telecommunications network of customer equipment or customer cabling
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Division 9—Miscellaneous
284 Reconsideration of decisions
285 Effect on operation of other laws
286 Evidence
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Part 13—Assessment, Collection and Distribution of Universal Service Levy
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Division 1—Preliminary
287 Declarations of policy
288 Universal service obligation
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Division 2—Universal service carriers and net cost areas
289 Participating carriers
290 Minister may declare universal service carriers
291 Effect of declaration: meaning of universal service carrier
292 Prescribed carrier obligation of universal service carrier
293 Universal service carrier must propose service areas for declaration as net cost areas
294 AUSTEL may declare net cost areas
295 Minister may give directions about declaring net cost areas
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Division 3—Assessment of liability for levy and of entitlement to levy distributions
296 When a claim for a levy credit may be made
297 No levy payable unless at least one claim for a levy credit is made
298 AUSTEL to give other participating carriers copies of claims
299 When a claim for a levy credit must be made
300 Requirements with which a claim for a levy credit must comply
301 Net universal service cost of a carrier for a financial year
302 AUSTEL determinations about working out a carrier’s net universal service cost
303 Application of determinations under section 302
304 Participating carrier must lodge return of timed traffic
305 Timed traffic of a carrier for a financial year
306 Timed traffic across networks operated by different carriers
307 AUSTEL may inquire into the correctness of a claim or return
308 AUSTEL to assess liabilities and entitlements
309 Period within which assessment must be made
310 Levy debit of a carrier for a financial year
311 Levy debit balance of a carrier for a financial year
312 Levy credit balance of a carrier for a financial year
313 Publication of assessment
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Division 4—Disclosure by AUSTEL of information about the basis and methods of an assessment
314 Public may request information
315 Carrier may request information that is unavailable under section 314
316 How AUSTEL to comply with a request
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Division 5—Collection and recovery of levy
317 When levy payable
318 Levy a debt due to the Commonwealth
319 Validity of assessment
320 Evidence of assessment
321 Onus of establishing incorrectness of assessment
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Division 6—Distribution of levy
322 Universal Service Fund
323 Payments into Fund
324 Purposes of Fund
325 Levy distribution to participating carrier
326 Levy not to be distributed until paid
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Part 14—Public Inquiries
327 When inquiry must be held
328 When inquiry may be held
329 Informing the public about an inquiry
330 Discussion paper
331 Written submissions; protection from civil actions
332 Public hearings
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Part 15—Investigations
333 Matters AUSTEL may investigate
334 Complaints
335 Investigations
336 Preliminary inquiries
337 Conduct of investigations
338 Complainant and certain other persons to be informed of various matters
339 Reference of matters to Ombudsman or Telecommunications Industry Ombudsman
340 Reference of matters to Australian Competition and Consumer Commission
341 Effect of investigation by Auditor-General
342 Reports on investigations
343 AUSTEL may direct carrier to remedy breach of licence condition
344 AUSTEL may direct carrier to fulfil prescribed carrier obligation
345 Protection from civil actions
346 Public register of information about investigations
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Part 16—Enforcement
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Division 1—AUSTEL directions
347 Application
348 Enforcement of AUSTEL directions
349 Pecuniary penalties for contraventions of AUSTEL directions
350 Civil action for recovery of pecuniary penalties
351 Remedies may be pursued at the same time
352 Criminal proceedings not to be brought for contraventions of AUSTEL directions
353 Recovery of damages for contravention of section 344 direction
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Division 2—Conditions of carrier licences
354 Application
355 Enforcement of licence condition
356 Pecuniary penalty for contravention of licence condition
357 Civil action for recovery of pecuniary penalties
358 Remedies may be pursued at the same time
359 Criminal proceedings not to be brought for contravention of licence condition
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Division 3—Powers of entry, search and seizure
360 Appointment of inspectors
361 Identity cards
362 Searches to monitor compliance with Act etc.
363 Offence-related searches and seizures
364 Warrants may be granted by telephone
365 Power to require information etc.
366 Retention of books, records and documents
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Part 17—Constitution of AUSTEL
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Division 1—Membership of AUSTEL
367 Membership
368 Appointment of members
369 Associate members
370 Qualification of members
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Division 2—Meetings of AUSTEL
371 Times and places of meetings
372 Notice of meetings
373 Presiding at meetings
374 Quorum
375 Voting at meetings
376 Conduct of meetings
377 Resolutions without meetings
378 Minutes
379 Disclosure of interests
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Division 3—Provisions relating to members
380 Term of appointment
381 Age limit
382 Remuneration and allowances
383 Outside employment
384 Leave of absence
385 Resignation
386 Termination of appointment
387 Terms and conditions of appointment etc.
388 Acting appointments
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Division 4—Finance
389 Money of AUSTEL
390 Application and investment of money
391 Estimates
392 Limitation on contracts
393 Application of Division 3 of Part XI of the Audit Act
394 Liability to taxation
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Part 18—Miscellaneous
395 Federal Court powers relating to injunctions
396 Nature of unenforceability of agreements
397 Review of decisions
398 Statement to accompany notification of decision
399 AUSTEL to review and report to Minister on competitive safeguards and carrier performance
400 AUSTEL may obtain information and documents from carriers
401 AUSTEL may obtain information and documents from persons other than carriers
402 AUSTEL may waive fees
402A Person not to use protected name or protected symbol
403 Staff
404 Consultants
405 Delegation
406 Regulations
407 Instrument under this Act may provide for matters by reference to any other instrument
408 Disallowance of regulations tabled after 14 November 1991 and before 31 December 1991
409 Disallowance of instruments tabled after 14 November 1991 and before 31 December 1991
