Region: East Asia and Pacific
Country: Global / Non-Specific, Australia
Sectors: Telecom and ICT
Keywords: Legal Framework, Telecom and ICT, ICT Core
DocumentLink(s):
Document Summary:
Telecommunications Act1997
Document Details:
TABLE OF PROVISIONS
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1. Short title [see Note 1]
2. Commencement [see Note 1]
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
18. Access to an emergency call service
19. Recognised person who operates an emergency call service
22. Customer cabling and customer equipment--boundary of a telecommunications network
24. Extended meaning of use
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
Division 1--Simplified outline
41. Simplified outline
Division 2--Prohibitions relating to carriers
42. Network unit not to be used without carrier licence or nominated carrier declaration
43. Continuing offences
44. Supply to the public
45. Exemption--defence
46. Exemption--intelligence operations
47. Exemption--transport authorities
48. Exemption--broadcasting services
49. Exemption--electricity supply bodies
50. Exemption--line links authorised by or under previous laws
51. Exemption--Ministerial determination
Division 3--Carrier licences
52. Applications for carrier licence
53. Form of application etc.
53A. Copy of application to be given to Communications Access Co-ordinator
54. Application to be accompanied by charge
55. Further information
56. Grant of licence
56A. Consultation with Communications Access Co-ordinator
57. Carrier licence has effect subject to this Act
58. Refusal of carrier licence--disqualified applicant
58A. Refusal of carrier licence--security
59. Time limit on licence decision
60. Notification of refusal of application
61. Conditions of carrier licence specified in Schedule 1
61A. Review before 1 July 2009 of conditions relating to operational separation of Telstra
62. Condition of carrier licence set out in section 152AZ of the Competition and Consumer Act 2010
62A. Condition of carrier licence set out in section 152BCO of the Competition and Consumer Act 2010
62B. Condition of carrier licence set out in section 152BDF of the Competition and Consumer Act 2010
62C. Condition of carrier licence set out in section 152BEC of the Competition and Consumer Act 2010
62D. Condition of carrier licence set out in section 152CJC of the Competition and Consumer Act 2010
62E. Condition of carrier licence set out in section 37 of the National Broadband Network Companies Act 2011
63. Conditions of carrier licence declared by Minister
64. Consultation about declared licence conditions
65. Conditions about foreign ownership or control
67. Carrier licence conditions--special provisions
68. Compliance with conditions
69. Remedial directions--breach of condition
69AA. Remedial directions--breach of conditions relating to access
69A. Remedial directions--breach by Telstra of conditions relating to operational separation
69B. Review by the Australian Competition Tribunal of remedial directions given by the ACCC
70. Formal warnings--breach of condition
71. Surrender of carrier licence
72. Cancellation of carrier licence
73. Collection of charges relating to carrier licences
73A. Refund of application charge
74. Collection of charges on behalf of the Commonwealth
75. Cancellation of certain exemptions from charge
76. Commonwealth not liable to charge
Division 4--Nominated carrier declarations
77. Applications for nominated carrier declarations
78. Application to be accompanied by charge etc.
79. Form of application etc.
80. Further information
81. Making a nominated carrier declaration
81A. Obligations of nominated carrier
82. Notification of refusal of application
83. Revocation of nominated carrier declaration
Division 5--Register of nominated carrier declarations and carrier licences
84. Register of nominated carrier declarations and carrier licences
Division 1--Simplified outline
85. Simplified outline
Division 2--Service providers
Division 3--Carriage service providers
87. Carriage service providers
88. Supply to the public
89. Exemption from definition--customers located on the same premises
90. Exemption from definition--defence
91. Exemption from definition--intelligence operations
92. Exemption from definition--transport authorities
93. Exemption from definition--broadcasting services
94. Exemption from definition--electricity supply bodies
95. Exemption from definition--Ministerial determination
96. Exemption from certain regulatory provisions--Ministerial determination
Division 4--Content service providers
Division 5--Service provider rules
98. Service provider rules
99. Service provider determinations
100. Exemptions from service provider rules
101. Service providers must comply with service provider rules
102. Remedial directions--breach of service provider rules
103. Formal warnings--breach of service provider rules
PART 5--MONITORING OF THE PERFORMANCE OF CARRIERS AND CARRIAGE SERVICE PROVIDERS
104. Simplified outline
105. Monitoring of performance--annual report
105A. Monitoring of performance--additional report
PART 6--INDUSTRY CODES AND INDUSTRY STANDARDS
Division 1--Simplified outline
106. Simplified outline
Division 2--Interpretation
107. Industry codes
108. Industry standards
108A. Electronic messaging service provider
108B. Telecommunications industry
109. Telecommunications activity
109A. E-marketing activity (Removed in latest amendment)
109B. Telemarketing activity
109C. Fax marketing activity
110. Sections of the telecommunications industry
110A. Sections of the e-marketing industry (Removed in latest amendment)
110B. Sections of the telemarketing industry
110C. Sections of the fax marketing industry
111. Participants in a section of the telecommunications industry
111A. Participants in a section of the e-marketing industry (Removed in latest amendment)
111AA. Participants in a section of the telemarketing industry
111AB. Participants in a section of the fax marketing industry
111B. Unsolicited commercial electronic messages
Division 3--General principles relating to industry codes and industry standards
112. Statement of regulatory policy
113. Examples of matters that may be dealt with by industry codes and industry standards
114. Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman
115. Industry codes and industry standards not to deal with certain design features and performance requirements
116. Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act
116A. Industry codes and standards do not affect Privacy Act 1988
Division 4--Industry codes
117. Registration of industry codes
118. ACMA may request codes
119. Publication of notice where no body or association represents a section of the telecommunications industry, the e-marketing industry, the telemarketing industry or the fax marketing industry
120. Replacement of industry codes
121. Directions about compliance with industry codes
122. Formal warnings--breach of industry codes
122A. De-registering industry codes and provisions of industry codes
Division 5--Industry standards
123. ACMA may determine an industry standard if a request for an industry code is not complied with
124. ACMA may determine industry standard where no industry body or association formed
125. ACMA may determine industry standards where industry codes fail
125AA. ACMA must determine an industry standard if directed by the Minister
125A. ACMA must determine certain industry standards relating to the telemarketing industry
125B. ACMA must determine certain industry standards relating to the fax marketing industry
126. Industry standards not to be determined for certain privacy matters
127. Industry standards not to be determined during the first 180 days after commencement (Removed in latest amendment)
128. Compliance with industry standards
129. Formal warnings--breach of industry standards
130. Variation of industry standards
131. Revocation of industry standards
132. Public consultation on industry standards
133. Consultation with ACCC and the Telecommunications Industry Ombudsman
134. Consultation with Information Commissioner
135. Consultation with consumer body
135A. Consultation with the States and Territories
Division 6--Register of industry codes and industry standards
136. ACMA to maintain Register of industry codes and industry standards
Division 6A--Reimbursement of costs of development of consumer-related industry codes
136A. Application for eligibility for reimbursement of costs of development of consumer-related industry code
136B. Declaration of eligibility for reimbursement of costs of development of consumer-related industry code
136C. Reimbursement of costs of developing consumer-related industry code
136D. Costs--transactions between persons not at arm's length
136E. Refundable cost
Division 7--Miscellaneous
137. Protection from civil proceedings
138. Implied freedom of political communication
139. Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part
PART 13--PROTECTION OF COMMUNICATIONS
Division 1--Introduction
270. Simplified outline
271. Eligible person
272. Number-database operator and eligible number-database person
273. Information
274. Telecommunications contractor
275. Number-database contractor
275A. Location information
275B. Emergency management person
275C. Emergency
275D. Emergency law
275E. Relevant information
Division 2--Primary disclosure
276. Primary disclosure/use offence--eligible persons
277. Primary disclosure/use offence--eligible number-database persons
278. Primary disclosure/use offence--emergency call persons
Division 3--Exceptions to primary disclosure
Subdivision A--Exceptions
279. Performance of person's duties
280. Authorisation by or under law
281. Witnesses
284. Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman
285. Integrated public number database
285A. Data for emergency warnings
286. Calls to emergency service number
287. Threat to person's life or health
288. Communications for maritime purposes
289. Knowledge or consent of person concerned
290. Implicit consent of sender and recipient of communication
291. Business needs of other carriers or service providers
291A. Location dependent carriage services
292. Circumstances prescribed in the regulations
293. Uses connected with exempt disclosures
294. Effect of this Subdivision
Subdivision B--Burden of proof
295. Burden of proof
Division 3A--Integrated public number database authorisations
Subdivision A--ACMA scheme for the granting of authorisations
295A. ACMA to make integrated public number database scheme
295B. Scheme must deal with certain matters
295C. Applications may be treated differently
295D. Scope of authorisations
295E. Provisional and final authorisations
295F. Conditions
295G. Varying or revoking authorisations
295H. Scheme may confer administrative powers on the ACMA
295J. Ancillary or incidental provisions
295K. Scheme-making power not limited
295L. Variation of scheme
295M. Consultation
Subdivision B--Ministerial instruments
295N. Criteria for deciding authorisation applications
295P. Conditions
295Q. Other reviewable decisions
Subdivision C--Enforcing compliance with conditions of authorisations
295R. Offence of breaching a condition
295S. Remedial directions for breaching a condition
295T. Formal warnings for breaching a condition
Subdivision D--Report to Minister
295U. Report to Minister
Division 3B--Emergency warnings
295V. Use or disclosure of information by emergency management persons
295W. Use or disclosure of information by other persons
295X. Effect on telecommunications network
295Y. Coronial and other inquiries
295Z. Offence--use or disclosure of information by emergency management persons
295ZA. Offence--use or disclosure of information by other persons
295ZB. Reports of access
295ZC. Annual reports to the ACMA and Information Commissioner
295ZD. Arrangements with States and Territories
295ZE. Commonwealth immunity
Division 4--Secondary disclosure
296. Performance of person's duties
297. Authorisation by or under law
299. Assisting the ACMA, 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 law for purposes of Privacy Act
303C. Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988
Division 5--Record-keeping requirements
304. Associate
305. Authorisations under the Telecommunications (Interception and Access) Act 1979
306. Record of disclosures--general
306A. Record of disclosures--prospective authorisation under the Telecommunications (Interception and Access) Act 1979
307. Incorrect records
308. Annual reports to the ACMA by carriers, carriage service providers or number-database operators
309. Monitoring by the Information Commissioner
Division 6--Instrument-making powers not limited
310. Instrument-making powers not limited
PART 14--NATIONAL INTEREST MATTERS
311. Simplified outline
312. ACMA's obligations
313. Obligations of carriers and carriage service providers
314. Terms and conditions on which help is to be given
315. Suspension of supply of carriage service in an emergency
316. Generality of Part not limited
PART 16--DEFENCE REQUIREMENTS AND DISASTER PLANS
Division 1--Introduction
333. Simplified outline
334. Defence authority
Division 2--Supply of carriage services
335. Requirement to supply carriage services for defence purposes or for the management of natural disasters
Division 3--Defence planning
336. Definitions
337. Preparation of draft agreement
338. ACMA's certification of draft agreement
339. Requirement to enter into certified agreement
340. Compliance with agreement
341. Withdrawal of certification of agreement
342. Duration of agreement
343. Variation of agreement
Division 4--Disaster plans
344. Designated disaster plans
345. Carrier licence conditions about designated disaster plans
346. Service provider determinations about designated disaster plans
346A. Carrier and carriage service provider immunity
Division 5--Delegation
347. Delegation
PART 17--PRE-SELECTION IN FAVOUR OF CARRIAGE SERVICE PROVIDERS
348. Simplified outline
349. Requirement to provide pre-selection
350. When pre-selection is provided in favour of a carriage service provider
350A. Declared carriage services
351. Pre-selection to be provided
352. Exemptions from requirement to provide pre-selection
353. Use of over-ride dial codes
PART 18--CALLING LINE IDENTIFICATION
354. Simplified outline
355. Calling line identification
356. Exemptions from calling line identification requirement
PART 19--ADVANCED MOBILE PHONE SYSTEM (AMPS)
357. Simplified outline
358. Meaning of AMPS
359. Scope of Part
360. No new AMPS
361. AMPS to be phased out
362. Limited exemption from phase-out of AMPS
363. Competition not to be reduced
PART 20--INTERNATIONAL ASPECTS OF ACTIVITIES OF THE TELECOMMUNICATIONS INDUSTRY
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Ref: Tele1997_WD02
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Updated: September 17, 2021