Commonwealth of Australia

Telecommunications Act 1997

Telecommunications Code of Practice 1997 (Amendment No. 1 of 2002)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications,  Information Technology and the Arts, make the following instrument under subclause 15(1) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.
Dated 11 March 2002.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
_________________________________________________________
1	Name of instrument
This instrument is the Telecommunications Code of Practice 1997 (Amendment No. 1 of 2002).
2	Commencement
This instrument commences on gazettal.
3	Amendment of the Telecommunications Code of Practice 1997
Schedule 1 amends the Telecommunications Code of Practice 1997. 

Schedule 1		Amendments
				(section 3)
[1]	Section 2.35
substitute

	2.35		Application of Division 5	
This Division applies if:
	(a)	the objection is not resolved by agreement between the carrier and objector; and
	(b)	the objector is not satisfied with the carrier’s response to the objection.

[2]	Section 2.37
substitute

2.37		Compliance with directions of Telecommunications Industry Ombudsman
	(1)	Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the land entry activity, the carrier must comply with the direction.
	(2)	This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.
Notes:
1	If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 2.32, situation 3.
2	If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 2.32, situation 4.

[3]	Section 4.36
substitute

	4.36		Application of Division 5	
This Division applies if:
	(a)	the objection is not resolved by agreement between the carrier and objector; and
	(b)	the objector is not satisfied with the carrier’s response to the objection.

[4]	Section 4.38
substitute

4.38		Compliance with directions of Telecommunications Industry Ombudsman
	(1)	Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the low-impact facility activity, the carrier must comply with the direction.
	(2)	This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.
Notes:
1	If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 4.33, situation 3.
2	If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 4.33, situation 4.

[5]	Section 6.35
substitute
		
6.35		Application of Division 5	
This Division applies if:
	(a)	the objection is not resolved by agreement between the carrier and objector; and
	(b)	the objector is not satisfied with the carrier’s response to the objection.

[6]	Section 6.37
substitute

6.37		Compliance with directions of Telecommunications Industry Ombudsman
	(1)	Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the maintenance activity, the carrier must comply with the direction.
	(2)	This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.
Notes:
1	If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 6.32, situation 3.
2	If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 6.32, situation 4.