{"id":"F2021L00915","name":"Telecommunications (Carrier Licence Exemption—Use for specified Queensland rail and electricity services) Determination 2021","slug":"telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101962,"registerId":"commonwealth-F2021L00915-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Carrier Licence Exemption—Use for specified Queensland rail and electricity services) Determination 2021.\n\n#### 3 Authority\n\n  This instrument is made under paragraph 51(1)(c) of the Telecommunications Act 1997.\n\n#### 4 Repeal of this instrument\n\nThis instrument is repealed on 1 July 2028.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) ACMA; and\n    (b) carriage service.\n  In this instrument:\n\n> Act means the Telecommunications Act 1997 (Cth).\n\n> Aurizon means Aurizon Holdings Limited (ACN 146 335 622), a corporation constituted pursuant to the Corporations Act.\n\n> Corporations Act means the Corporations Act 2001 (Cth).\n\n> Designated Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by:\n\n> (a) Aurizon; or\n\n> (b) QTH; or\n\n> (c) Queensland Rail; or\n\n> (d) a related body corporate of an entity referred to in paragraph (a), (b), or (c) above.\n\n> Permitted Electricity‑related Services means any carriage service that is provided to Powerlink necessary or desirable for managing the generation, transmission, distribution or supply of electricity or the charging for the supply of electricity.\n\n> Permitted Rail‑related Services means any carriage service that is provided to:\n\n    (a) Aurizon; or\n    (b) Queensland Rail; or\n    (c) a related body corporate of an entity referred to in paragraph (a) or (b) above;\n\n> necessary or desirable for the workings of train services.\n\n> Powerlink means the Queensland Electricity Transmission Corporation Limited (ACN 078 849 233), a corporation constituted pursuant to the Corporations Act 2001 (Cth), and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld), trading as Powerlink Queensland.\n\n> Powerlink Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by Powerlink.\n\n> QTH means Queensland Treasury Holdings Pty Ltd (ACN 011 027 295), a corporation constituted pursuant to the Corporations Act.\n\n> Queensland Rail means Queensland Rail Limited (ACN 132 181 090), a corporation constituted pursuant to the Corporations Act, and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld).\n\n> related body corporate has the meaning given to it by the Corporations Act.\n\n> report date means 30 May of a calendar year.\n\n## Part 2—Exemptions and conditions\n\n#### 7 Exemption–Designated Communications Infrastructure\n\n  Subject to the conditions set out in subsection 9(1) of this instrument, section 42 of the Act does not apply in relation to the use of Designated Communications Infrastructure by:\n\n> (a) Aurizon; or\n\n> (b) Queensland Rail; or\n\n> (c) a related body corporate of an entity referred to in paragraph (a) or (b) above;\n\n  for the supply of Permitted Electricity‑related Services.\n\n#### 8 Exemption–Powerlink Communications Infrastructure\n\n  Subject to the conditions set out in subsection 9(2) of this instrument, section 42 of the Act does not apply in relation to the use of Powerlink Communications Infrastructure by Powerlink for the supply of Permitted Rail‑related Services.\n\n#### 9 Conditions\n\n  (1) For the purposes of section 7 of this instrument, the following conditions are specified:\n    (a) Aurizon must provide to the ACMA within 30 days after the end of each report date during which this instrument is in force, a written report setting out the following:\n    (i) the locations of Designated Communications Infrastructure and technology type(s) of such infrastructure at each location as at the applicable report date;\n    (ii) the legal name and associated identifier (such as an ABN or ACN) of each user of the Designated Communications Infrastructure as at the applicable report date.\n  (2) For the purposes of section 8 of this instrument, the following conditions are specified:\n    (a) Powerlink must provide to the ACMA within 30 days after the end of each report date during which this instrument is in force, a written report setting out the following:\n    (i) the locations of the Powerlink Communications Infrastructure and technology type(s) of such infrastructure at each location as at the applicable report date; and\n    (ii) the legal name and associated identifier (such as an ABN or ACN) of each user of the Powerlink Communications Infrastructure as at the applicable report date.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Telecommunications (Carrier Licence Exemption—Use for specified Queensland rail and electricity services) Determination 2021.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under paragraph 51(1)(c) of the Telecommunications Act 1997.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of this instrument","content":"#### 4 Repeal of this instrument\n\nThis instrument is repealed on 1 July 2028.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) ACMA; and\n    (b) carriage service.\n  In this instrument:\n\n> Act means the Telecommunications Act 1997 (Cth).\n\n> Aurizon means Aurizon Holdings Limited (ACN 146 335 622), a corporation constituted pursuant to the Corporations Act.\n\n> Corporations Act means the Corporations Act 2001 (Cth).\n\n> Designated Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by:\n\n> (a) Aurizon; or\n\n> (b) QTH; or\n\n> (c) Queensland Rail; or\n\n> (d) a related body corporate of an entity referred to in paragraph (a), (b), or (c) above.\n\n> Permitted Electricity‑related Services means any carriage service that is provided to Powerlink necessary or desirable for managing the generation, transmission, distribution or supply of electricity or the charging for the supply of electricity.\n\n> Permitted Rail‑related Services means any carriage service that is provided to:\n\n    (a) Aurizon; or\n    (b) Queensland Rail; or\n    (c) a related body corporate of an entity referred to in paragraph (a) or (b) above;\n\n> necessary or desirable for the workings of train services.\n\n> Powerlink means the Queensland Electricity Transmission Corporation Limited (ACN 078 849 233), a corporation constituted pursuant to the Corporations Act 2001 (Cth), and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld), trading as Powerlink Queensland.\n\n> Powerlink Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by Powerlink.\n\n> QTH means Queensland Treasury Holdings Pty Ltd (ACN 011 027 295), a corporation constituted pursuant to the Corporations Act.\n\n> Queensland Rail means Queensland Rail Limited (ACN 132 181 090), a corporation constituted pursuant to the Corporations Act, and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld).\n\n> related body corporate has the meaning given to it by the Corporations Act.\n\n> report date means 30 May of a calendar year.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Exemptions and conditions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Carrier Licence Exemption—Use for specified Queensland rail and electricity services) Determination 2021.\n\n#### 3 Authority\n\n  This instrument is made under paragraph 51(1)(c) of the Telecommunications Act 1997.\n\n#### 4 Repeal of this instrument\n\nThis instrument is repealed on 1 July 2028.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n    (a) ACMA; and\n    (b) carriage service.\n  In this instrument:\n\n> Act means the Telecommunications Act 1997 (Cth).\n\n> Aurizon means Aurizon Holdings Limited (ACN 146 335 622), a corporation constituted pursuant to the Corporations Act.\n\n> Corporations Act means the Corporations Act 2001 (Cth).\n\n> Designated Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by:\n\n> (a) Aurizon; or\n\n> (b) QTH; or\n\n> (c) Queensland Rail; or\n\n> (d) a related body corporate of an entity referred to in paragraph (a), (b), or (c) above.\n\n> Permitted Electricity‑related Services means any carriage service that is provided to Powerlink necessary or desirable for managing the generation, transmission, distribution or supply of electricity or the charging for the supply of electricity.\n\n> Permitted Rail‑related Services means any carriage service that is provided to:\n\n    (a) Aurizon; or\n    (b) Queensland Rail; or\n    (c) a related body corporate of an entity referred to in paragraph (a) or (b) above;\n\n> necessary or desirable for the workings of train services.\n\n> Powerlink means the Queensland Electricity Transmission Corporation Limited (ACN 078 849 233), a corporation constituted pursuant to the Corporations Act 2001 (Cth), and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld), trading as Powerlink Queensland.\n\n> Powerlink Communications Infrastructure means the telecommunications infrastructure situated in the State of Queensland, and owned by Powerlink.\n\n> QTH means Queensland Treasury Holdings Pty Ltd (ACN 011 027 295), a corporation constituted pursuant to the Corporations Act.\n\n> Queensland Rail means Queensland Rail Limited (ACN 132 181 090), a corporation constituted pursuant to the Corporations Act, and declared to be a government owned corporation pursuant to the Government Owned Corporations Act 1993 (Qld).\n\n> related body corporate has the meaning given to it by the Corporations Act.\n\n> report date means 30 May of a calendar year.\n\n## Part 2—Exemptions and conditions\n\n#### 7 Exemption–Designated Communications Infrastructure\n\n  Subject to the conditions set out in subsection 9(1) of this instrument, section 42 of the Act does not apply in relation to the use of Designated Communications Infrastructure by:\n\n> (a) Aurizon; or\n\n> (b) Queensland Rail; or\n\n> (c) a related body corporate of an entity referred to in paragraph (a) or (b) above;\n\n  for the supply of Permitted Electricity‑related Services.\n\n#### 8 Exemption–Powerlink Communications Infrastructure\n\n  Subject to the conditions set out in subsection 9(2) of this instrument, section 42 of the Act does not apply in relation to the use of Powerlink Communications Infrastructure by Powerlink for the supply of Permitted Rail‑related Services.\n\n#### 9 Conditions\n\n  (1) For the purposes of section 7 of this instrument, the following conditions are specified:\n    (a) Aurizon must provide to the ACMA within 30 days after the end of each report date during which this instrument is in force, a written report setting out the following:\n    (i) the locations of Designated Communications Infrastructure and technology type(s) of such infrastructure at each location as at the applicable report date;\n    (ii) the legal name and associated identifier (such as an ABN or ACN) of each user of the Designated Communications Infrastructure as at the applicable report date.\n  (2) For the purposes of section 8 of this instrument, the following conditions are specified:\n    (a) Powerlink must provide to the ACMA within 30 days after the end of each report date during which this instrument is in force, a written report setting out the following:\n    (i) the locations of the Powerlink Communications Infrastructure and technology type(s) of such infrastructure at each location as at the applicable report date; and\n    (ii) the legal name and associated identifier (such as an ABN or ACN) of each user of the Powerlink Communications Infrastructure as at the applicable report date.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Exemption—Designated Communications Infrastructure","content":"#### 7 Exemption–Designated Communications Infrastructure\n\n  Subject to the conditions set out in subsection 9(1) of this instrument, section 42 of the Act does not apply in relation to the use of Designated Communications Infrastructure by:\n\n> (a) Aurizon; or\n\n> (b) Queensland Rail; or\n\n> (c) a related body corporate of an entity referred to in paragraph (a) or (b) above;\n\n  for the supply of Permitted Electricity‑related Services.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Exemption—Powerlink Communications Infrastructure","content":"#### 8 Exemption–Powerlink Communications Infrastructure\n\n  Subject to the conditions set out in subsection 9(2) of this instrument, section 42 of the Act does not apply in relation to the use of Powerlink Communications Infrastructure by Powerlink for the supply of Permitted Rail‑related Services.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Conditions","content":"#### 9 Conditions\n\n  (1) For the purposes of section 7 of this instrument, the following conditions are specified:\n    (a) Aurizon must provide to the ACMA within 30 days after the end of each report date during which this instrument is in force, a written report setting out the following:\n    (i) the locations of Designated Communications Infrastructure and technology type(s) of such infrastructure at each location as at the applicable report date;\n    (ii) the legal name and associated identifier (such as an ABN or ACN) of each user of the Designated Communications Infrastructure as at the applicable report date.\n  (2) For the purposes of section 8 of this instrument, the following conditions are specified:\n    (a) Powerlink must provide to the ACMA within 30 days after the end of each report date during which this instrument is in force, a written report setting out the following:\n    (i) the locations of the Powerlink Communications Infrastructure and technology type(s) of such infrastructure at each location as at the applicable report date; and\n    (ii) the legal name and associated identifier (such as an ABN or ACN) of each user of the Powerlink Communications Infrastructure as at the applicable report date.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It creates targeted, time-limited exemptions for specific Queensland government-owned entities (Aurizon, Queensland Rail, Powerlink) to share telecommunications infrastructure across rail and electricity sectors. There is no evidence of scope creep; the exemptions are narrowly defined to 'Permitted Electricity-related Services' and 'Permitted Rail-related Services' only."},"complexity_factors":["Short instrument (approximately 1,500 words) with only 9 operative sections","11 defined terms, mostly straightforward entity definitions with ACN numbers","Simple bilateral structure: two exemptions (sections 7 and 8) with mirror-image conditions (section 9)","No nested exceptions or conditional logic beyond basic 'subject to' conditions","Single cross-reference to section 42 of the Telecommunications Act 1997 (the general licensing prohibition)","Reporting obligations are standard administrative conditions without technical complexity","Note: The provided text contains significant duplication/repetition of sections, but the substantive instrument is simple"],"plain_english_summary":"This Determination temporarily lets Aurizon, Queensland Rail and Powerlink use each other’s telecom infrastructure for specified rail- and electricity-related communications without holding a full carrier licence. It enables cost‑saving infrastructure sharing across parallel rail and transmission corridors while avoiding duplicate networks.\n\nThe arrangement is subject to light regulation (annual reporting on equipment, locations and users) and automatically expires on 1 July 2028."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as drafted, narrowly exempts specified Queensland telecommunications infrastructure for identified electricity‑ and rail‑related carriage services and imposes reporting conditions to ACMA, expiring on 1 July 2028 (ss7–9, s4). The text does not expand beyond those limits; any interpretive uncertainty (for example, 'necessary or desirable') affects application but does not, on its face, change the stated scope."},"complexity_factors":["Narrow, targeted scope — exemptions apply only to identified infrastructure owners and specific service types (ss5, ss7–8)","Reporting obligations concentrated on Aurizon and Powerlink with strict timing and content requirements (s9(1)(a), s9(2)(a)) — creates recurring compliance burden","Relies on external definitions and statute references (Telecommunications Act s42; Corporations Act; defined term 'carriage service') which require cross‑statute interpretation (s3 note, s5)","Temporal limitation via a fixed repeal date constrains long‑term certainty (s4)","Use of open‑ended phrases such as 'necessary or desirable' and 'workings of train services' may introduce interpretive uncertainty about permitted activities (s5 definitions)","Administrative decision-making and oversight routed to the ACMA (reports to ACMA) and exercise of power under paragraph 51(1)(c) — places informational discretion with regulator (s3, s9)"],"plain_english_summary":"This Determination temporarily removes the need for a carrier licence (section 42 of the Telecommunications Act) for specific Queensland-owned telecoms infrastructure so named entities can provide narrow electricity- and rail‑related carriage services (ss7–8). Named companies must report locations, technology types and users to the ACMA annually within 30 days after the report date, and the instrument expires 1 July 2028 (ss9, s4)."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi","history":"/api/acts/telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi/history","analysis":"/api/acts/telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi/analysis","conflicts":"/api/acts/telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi/conflicts","importantCases":"/api/acts/telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi/important-cases","documents":"/api/acts/telecommunications-carrier-licence-exemption-use-for-specified-queensland-rail-and-electricity-servi/documents"}}