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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
The Act creates a single, government‑owned Australian Telecommunications Commission to plan, build and operate Australia’s telecoms network, with exclusive control of installations and the power to set charges and authorise third‑party access. It imposes a duty to provide services nationally while requiring a statutory financial policy to cover costs and fund capital. The Minister and Treasurer retain price, direction and financing oversight, and the Commonwealth can be required to meet revenue shortfalls.
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Direct links to the current provisions in Telecommunications Act 1975.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
TELECOMMUNICATIONS ACT 1975
No. 55 of 1975
An Act relating to the Provision of Telecommunications Services within Australia.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
PART I—PRELIMINARY
Short title.
Commencement.
(2) The remaining provisions of this Act shall come into operation on the date fixed under sub-section 2(2) of the Postal Services Act 1975.
Interpretation.
“approved bank” means a bank approved by the Treasurer for the purposes of the provision in which the expression occurs;
“article” includes any substance or thing;
“authorized person” means a person authorized by the Commission for the purpose of the provision in which the expression occurs;
“Chairman” means the Chairman of the Commission;
“Chief General Manager” means the Chief General Manager of the Commission;
“commencing date” means the date fixed by Proclamation under sub-section 2(2) of the Postal Services Act 1975;
“Commission” means the Australian Telecommunications Commission established by this Act;
“Commissioner” means the Managing Director or another Commissioner holding office under section 22;
“convention” means a convention to which Australia is a party or an agreement or arrangement between Australia and another country or other countries;
“Deputy Chairman” means the Deputy Chairman of the Commission;
“employee” means a person engaged by the Commission as a temporary employee under section 42;
“line” means wire, cable, tube, conduit, fibre, waveguide or other physical medium used, or intended for use, in connexion with a telecommunications service;
“Managing Director” means the Managing Director of the Commission;
“officer” means a person who is appointed to the Service under section 39 or deemed to have been appointed to the Service under Part IV of the Transitional Provisions Act;
“organization” means an organization registered under the Conciliation and Arbitration Act 1904-1974;
“part-time Commissioner” means a Commissioner other than the Managing Director;
“Service” means the Australian Telecommunications Commission Service established by section 38;
“telecommunications installation” means—
(a) a line; or
(b) any equipment, apparatus, structure, tower, antenna, tunnel, manhole, pit or pole used, or intended for use, in connexion with a telecommunications service;
“telecommunications message” means—
(a) a material record of a communication or information sent or delivered to the Commission for transmission over a telecommunications system; or
(b) a material record issued by the Commission as a record of a communication or information transmitted over such a telecommunications system;
“telecommunications service” means—
(a) a service for transmitting, by means of electric or electromagnetic energy—
(i) sounds, including speech and music;
(ii) visual images;
(iii) signals for the communication, whether as between persons and persons, things and things or persons and things, of any matter otherwise than in the form of sounds or visual images; or
(iv) signals for the actuation or control of machinery or apparatus; or
(b) a service for receiving any such sounds, images or signals that have been transmitted by means of electric or electro-magnetic energy;
“telecommunications system” means a system controlled by the Commission in connexion with the provision of a telecommunications service;
“Transitional Provisions Act” means the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975;
“Wireless Telegraphy Act” means the Wireless Telegraphy Act 1905-1973.
(2) A reference in this Act to injurious interference from an electric line or installation is a reference—
(a) to any impairment or potential impairment of the normal operation of a telecommunications system; and
(b) to any hazard or potential hazard to—
(i) a telecommunications system or a telecommunications installation;
(ii) officers and employees in the course of their duties; or
(iii) users of a telecommunications service provided by the Commission,
which results, or may result, from the transmission of electricity over an electric line or through any apparatus connected to an electric line, from the use of electricity in, or in connexion with, any machinery, engines, meters, lamps, transformers, fittings, apparatus or works or from the generation or supply of electricity.
(3) In this Act, unless the contrary intention appears—
(a) a reference to a telecommunications service provided by the Commission includes a reference to a telecommunications service that was, prior to the commencing date, provided by the Postmaster-General and that is, on and after that date, maintained by the Commission;
(b) a reference to information includes a reference to music, to other sounds, to visual images and to signals referred to in sub-paragraphs (iii) and (iv) of paragraph (a) of the definition of “telecommunications service” in sub-section (1); and
(c) a reference to the original position—
(i) of a person who has been dismissed under section 58, 61 or 62 or is to be deemed, under section 65, to have resigned; or
(ii) of an officer who has been transferred to another position under section 58, 61 or 62,
is a reference to the position held by that person or officer immediately before the dismissal, resignation or transfer, as the case may be, or, if the person or officer was then performing the duties of another position to which he had been temporarily transferred under section 59, to the position held by him immediately before that temporary transfer.
(4) Where a provision of this Act authorizes the Commission to enter upon, or occupy, land or water for any purpose, the provision shall be read as also authorizing an officer or employee, a person acting for or on behalf of the Commission under a contract and an employee of such a person to enter upon the land or waters for that purpose and with such vehicles or vessels as are necessary for that purpose.
PART II—ESTABLISHMENT, FUNCTIONS AND GENERAL POWERS OF THE COMMISSION
Establishment of Commission.
Functions of the Commission.
(a) to plan, establish, maintain and operate telecommunications services within Australia;
(b) to operate such other services as the Commission is authorized by this Act to operate;
(c) to provide, at the request of the Australian Government, technical assistance outside Australia in relation to the planning, establishment, maintenance and operation of telecommunications services in countries outside Australia; and
(d) to do anything incidental or conducive to the performance of any of the preceding functions.
Duties of Commission.
(2) In performing its functions in accordance with sub-section (1), the Commission—
(a) shall comply with any directions given to it under section 7; and
(b) shall have regard to—
(i) the desirability of improving and extending its telecommunications services in the light of developments in the field of communications;
(ii) the need to operate its services as efficiently and economically as practicable; and
(iii) the special needs for telecommunications services of Australian people who reside or carry on business outside the cities.
(3) Nothing in this section shall be taken—
(a) to prevent the Commission from interrupting, suspending or restricting, in the case of emergency, a service provided by it; or
(b) to impose on the Commission a duty that is enforceable by proceedings in a court.
(4) It is the duty of the Commission, in performing its functions, to comply with the provisions of any Convention to the extent that it imposes obligations on Australia in relation to matters within the functions of the Commission.
Minister may give directions to the Commission.
(2) Where the Minister gives a direction to the Commission under sub-section (1), the Minister shall cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days after the direction is so given.
(3) Sub-section (1) does not authorize the Minister to give a direction with respect to rentals or charges referred to in section 11.
Wireless telegraphy.
Powers of the Commission.
(2) The generality of sub-section (1) shall not be taken to be limited by any other provisions of this Act conferring a power on the Commission.
Particular powers of the Commission.
(a) to purchase land;
(b) to take land on lease;
(c) to take easements over land;
(d) to sell, or otherwise dispose of, land vested in the Commission but not required for the purposes of the Commission;
(e) to lease land vested in the Commission the use of which is not for the time being required by the Commission;
(f) to release any easement over land; and
(g) to do anything incidental to any of the powers specified in the preceding paragraphs of this sub-section.
(2) The Commission may conduct investigations and research with a view to the development and improved efficiency of telecommunications services generally.
(3) Subject to the regulations, the Commission may provide, or authorize the provision of, services for, or by way of, the dissemination, by means of a telecommunications service provided by it, of information that is, in the opinion of the Commission, of utility to the public, to persons who seek that information.
(4) The Commission may deliver to the person to whom it is addressed a telecommunications message that has not been transmitted over any telecommunications system.
Charges for telecommunications services and other charges.
(a) the rentals payable in respect of standard telephone services provided by the Commission;
(b) the charges for telephone calls made within Australia, other than charges for special services provided by the Commission in connexion with those calls; and
(c) the charges for the transmission within Australia of telegrams that are lodged at telegraph offices otherwise than by means of a telecommunications service provided by the Commission.
(2) The Commission may, from time to time, make determinations fixing or varying rentals and charges, other than rentals and charges referred to in sub-section (1), for telecommunications services and other services that the Commission provides under this Act.
(3) An application to the Minister for his approval of a determination proposed to be made by the Commission under sub-section (1)—
(a) shall be made to the Minister in writing;
(b) shall specify the date as from which the determination is, if approved by the Minister, intended to operate; and
(c) shall also specify—
(i) the proportion of the amount ascertained in accordance with the formula specified in paragraph 73(1)(b) in respect of the financial year in which the date so specified occurs that the Commission is planning to provide out of revenues of the Commission for expenditure by way of capital expenditure; and
(ii) the amount estimated by the Commission to be the amount of revenue that the Commission will receive in respect of the financial year referred to in sub-paragraph (i), if the determination is made and any other determination that the Commission proposes to make under sub-section (2) is also made.
(4) The Minister shall furnish his decision with respect to an application referred to in sub-section (3) to the Commission in writing.
(5) Where an application has been made to the Minister for approval of a determination that the Commission proposes to make under sub-section (1), the Minister may request the Commission, in writing, to furnish to him specified information that is, in his opinion, relevant to the fixing or varying of the rentals and charges to which the determination relates, and the Commission shall comply with the request to the extent to which it is practicable to do so and as soon as practicable after receipt of the request.
(6) The Commission shall cause particulars of rentals and charges determined by it under this section to be published in the Gazette.
(7) In this section, a reference to the rental payable in respect of a standard telephone service provided by the Commission is a reference to the rental payable for the use of the line and other apparatus connecting premises to the telephone system controlled by the Commission.
Reimbursement.
(a) the Commission has submitted to the Minister for his approval a determination that it proposes to make under sub-section 11(1) with a view to fulfilling the financial policy that it is pursuing in respect of that financial year, but the Minister has refused to grant his approval; and
(b) subsequent to that refusal, the Commission—
(i) after having given consideration to any suggestions with respect to rentals and charges made by the Minister when refusing to approve the determination referred to in paragraph (a); and
(ii) after having reconsidered the proposed expenditures of the Commission, the proportion specified in the application for the Minister’s approval in accordance with sub-paragraph 11(3)(c)(i) and all rentals and charges referred to in section 11, with a view to formulating a financial policy in respect of that year and carrying out that policy otherwise than by charging the rentals and charges proposed in the determination referred to in paragraph (a),
has submitted to the Minister an application in accordance with sub-section 11(3) for his approval of another determination (in this section referred to as the second determination), whether or not differing from the original proposed determination, that the Commission proposes to make under sub-section 11(1), but the Minister has refused to grant his approval.
(2) Where, after the end of a financial year in respect of which this section applies to the Commission, the Minister is satisfied that the Commission has complied with sub-section 73(2) in respect of the year and that, for reasons related, either in whole or in part, to his having refused to approve under sub-section 11(1) the second determination, the revenue that the Commission would have required in res
This is an opening excerpt, not the complete document.