This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
53 of 1989
Collection
act
Plain English Summary
8/10 complexity
The Act creates an independent telecom regulator (AUSTEL), reserves core carriage infrastructure and certain services to three named carriers while opening higher‑layer/value‑added services to competition under class licences, and establishes technical, licensing and price‑control regimes.
It affects incumbent carriers, potential entrants, equipment and cabling suppliers, and users — concentrating network rents, imposing compliance and technical obligations, and reshaping incentives for access, investment and pricing.
Minister may notify AUSTEL of general policies of Commonwealth Government
Minister may give directions to AUSTEL
AUSTEL not otherwise subject to government direction
Consultation
Advisory committees
PART 3—REGULATION OF TELECOMMUNICATIONS NETWORKS
Division 1—Preliminary
Declaration of policy—infrastructure and networks
Declaration of policy—domestic satellite system
Declaration of policy—supply of facilities
Declaration of policy—supply of reserved services
Division 2—Telecommunications networks and facilities
Operation etc. of networks to supply telecommunications services between places within Australia otherwise than by satellite-based facilities
Operation etc. of networks to supply telecommunications services from and to Australia
Exceptions to reservation of networks to carriers
Boundaries of public switched telephone network—line running to customer land or premises
Boundaries of public switched telephone network—public switched mobile telephone service
Boundaries of networks generally
Supply etc. of facilities connected to carrier networks
Operation of satellite-based facilities
Earth-based facilities incidental to satellite services
Authorisations to supply etc. facilities within boundaries of a network
Supply etc. of first telephones
Supply etc. of public payphones
Carrier to make available networks and facilities to another carrier at direction of AUSTEL
Report by AUSTEL on provision of networks and facilities on reference by Minister
Report by AUSTEL on provision of networks and facilities on application by carrier
Division 3—Reserved services
Reserved services and value added services—the basic rule
Meaning of primary communications carriage
Functions necessary for purpose of primary communications carriage
Service delivery standards for purpose of primary communications carriage
Supply of reserved services within Australia otherwise than by satellite-based facilities
Supply of reserved services within Australia by satellite-based facilities
Approvals for supply of incidental services
Supply of reserved services from and to Australia
Supply of private network services under class licences
Disputes between carriers as to right to supply services
Division 4—Reserved service charges
Reserved service charges subject to price control arrangements
Price control arrangements
Alteration of charges subject to price control arrangements
Reserved service charges subject to notification and disallowance
Alteration of charges subject to notification and disallowance
TABLE OF PROVISIONS—continued
Section
Division 5—Miscellaneous
Present satellite footprint of AUSSAT
Directions by AUSTEL to carriers in relation to supply of reserved services
Actions for infringement of carrier reservations
PART 4—VALUE ADDED SERVICES AND PRIVATE NETWORK SERVICES
Division 1—Preliminary
Objects of Part
Value added service licensing principle
Private network service licensing principles
Division 2—Ministerial directions
Minister may give directions to AUSTEL
Directions to have general application only
Division 3—Class licences Subdivision A—General
Issuing of class licences
Consultation with carriers on proposed class licences
Variation of class licences
Consultation with carriers on proposed variations of class licences
Publication of proposed restrictive variations of class licences
Subdivision B—Applications for variation of class licences
Applications for variation of class licences
Carriers to be consulted on proposed variations
Carriers may make representations on proposed variations
Variation of class licences
Deemed refusal of applications etc.
Notice of right to seek reconsideration
Reconsideration of decisions
Subdivision C—Registration of value added services and private network services
Register of value added services and private network services
Registration of value added services and private network services
Deemed refusal of application for registration
Reconsideration of refusals of applications for registration
Subdivision D—Unlicensed services
Declarations that services are unlicensed
Declarations in respect of registered value added services and private network services
Reconsideration of declarations
Effect of declarations
Registration of unlicensed services
Division 4—Use of public telecommunications networks for the supply of value added services and private network services
Connection etc. of unlicensed services
Obligation of carriers to connect value added services and private network services
Discrimination prohibited in relation to value added and private network services
Action for failure to connect value added services or for discrimination
TABLE OF PROVISIONS—continued
Section
Division 5—Miscellaneous
Carriers not to bundle certain charges
Accounting requirements
AUSTEL may give directions in relation to bundling and accounting requirements
Supply of value added services by carriers
Pre-existing value added services and private network services
PART 5—TECHNICAL REGULATION
Division 1—Preliminary
Objects of Part
Division 2—Technical standards
Determination of technical standards
Publication etc. of proposed technical standards
Emergency determination of technical standards
Determination of technical standards within first month
Adoption of technical standards
Division 3—Ministerial directions
Minister may give directions to AUSTEL
Directions to have general application only
Inconsistency with technical standards
Division 4—Permits for customer equipment
Connection of customer equipment for which there is no permit
Sale of customer equipment for which there is no permit
Register of customer equipment
Applications for permits
Issue of permits
Deemed refusal of permits
Variation of permits
Applications for variation of permits
Representations concerning variation of permits
Cancellation of permits
Representations concerning cancellation of permits
Transfer of permits
Pre-existing authorities for connection of customer equipment
Accreditation etc. of test houses
Division 5—Licensing of cabling service providers
Performance of cabling work without licence etc.
Register of cabling licences
Applications for cabling licences
Issue of cabling licences
Deemed refusal of cabling licences
Variation of cabling licences
Applications for variation of cabling licences
Representations concerning variation of cabling licences
Cancellation of cabling licences
Representations concerning cancellation of cabling licence
Surrender of cabling licences
Pre-existing licences for performing cabling work
Delegation of licensing
TABLE OF PROVISIONS—continued
Section
Division 6—Connection of customer equipment and customer cabling to telecommunications networks
Disconnection etc. of customer equipment or customer cabling
Directions to pay compensation
Action for unauthorised connection to telecommunications network of customer equipment or customer cabling
Division 7—Miscellaneous
Reconsideration of decisions
Effect on operation of other laws
Evidence
PART 6—INVESTIGATIONS
Complaints
Investigations
Preliminary inquiries
Conduct of investigations
Complainant and certain other persons to be informed of various matters
Reference of matters to Ombudsman
Reference of matters to Trade Practices Commission
Effect of investigation by Auditor-General
Reports on investigations
Protection from civil actions
PART 7—CONSTITUTION OF AUSTEL
Division 1—Membership of AUSTEL
Membership
Appointment of members
Qualification of members
Associate members
Division 2—Meetings of AUSTEL
Times and places of meetings
Presiding at meetings
Quorum
Voting at meetings
Conduct of meetings
Resolution without meetings
Minutes
Disclosure of interests
Division 3—Provisions relating to members
Term of appointment
Age limit
Remuneration and allowances
Outside employment
Leave of absence
Resignation
Termination of appointment
Terms and conditions of appointment etc.
Acting appointments
TABLE OF PROVISIONS—continued
Section
PART 8—MISCELLANEOUS
Review of decisions
Statement to accompany notification of decision
AUSTEL may obtain information and documents from carriers
Application of Division 3 of Part XI of the Audit Act
Staff
Consultants
Delegation
Regulations
Telecommunications Act 1989
No. 53 of 1989
An Act relating to telecommunications, and for related purposes
[Assented to 14 June 1989]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Telecommunications Act 1989.
Commencement
2. (1) Subject to this section, this Act commences on a day or days to be fixed by Proclamation.
(2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(3) If a provision of this Act (other than section 1 or 2) does not commence under subsection (1) within the period of 6 months beginning on
the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
General objects of Act
The objects of this Act include:
(a) ensuring that the standard telephone service supplied by Telecom (namely, the public switched telephone service):
(i) is supplied as efficiently and economically as practicable;
(ii) is, in view of the social importance of the service, reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
(iii) is supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community;
(b) maximising the efficiency of the carriers and enabling them to meet their commercial and general governmental obligations and, in the case of Telecom, its community service obligations;
(c) ensuring that the carriers achieve the highest possible levels of accountability and responsiveness to customer and community needs;
(d) achieving optimal rates of expansion and modernisation for Australia’s telecommunications infrastructure and networks, and, for example, the introduction of new and diverse telecommunications services;
(e) enabling all sectors of the Australian telecommunications industry to participate effectively in Australian and overseas telecommunications markets on a commercial basis; and
(f) promoting the development of other sectors of the Australian economy through the commercial supply of a full range of modern telecommunications services at the lowest possible prices.
Interpretation—definitions
In this Act, unless the contrary intention appears:
“adjacent area”, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967;
“appropriate fee”, in relation to an application, means the fee imposed by the Telecommunications (Application Fees) Act 1989 in relation to applications of that kind;
“AUSSAT” means AUSSAT Pty Ltd;
“AUSTEL” means the Australian Telecommunications Authority;
“Australia”, when used in a geographical sense, includes the external Territories;
“basic telephone service” means, subject to the regulations, a public switched telephone service that is supplied by Telecom to a customer
by means of a telephone handset that does not have switching functions;
“cabling licence” means a licence issued under Division 5 of Part 5 to perform cabling work;
“cabling work” means:
(a) the installation of customer cabling for connection to a telecommunications network operated by a carrier;
(b) the connection of customer cabling to a telecommunications network operated by a carrier; or
(c) the maintenance of customer cabling connected to a telecommunications network operated by a carrier;
“carrier” means Telecom, OTC or AUSSAT;
“carry” includes transmit, switch and receive;
“Chairperson” means the Chairperson of AUSTEL;
“charge” includes:
(a) a fee; and
(b) a nil charge or fee;
“class licence” means a class licence issued under Subdivision A of Division 3 of Part 4;
“communication” includes any communication:
(a) whether between persons and persons, things and things or persons and things; and
(b) whether:
(i) in the form of:
(a) speech, music or other sounds;
(b) data;
(c) text;
(d) visual images, whether or not animated; or
(e) signals; or
(ii) in any other form or in any combination of forms;
“community service obligations”, in relation to Telecom, means obligations under section 27 of the Australian Telecommunications Corporation Act 1989;
“competitive facility” means a facility in relation to which subsection 43 (2) or section 45 or 46 applies;
“convention” means a convention to which Australia is a party or an agreement or arrangement between Australia and a foreign country;
“customer cabling” means a line that:
(a) is, or is intended to be, connected to a telecommunications network operated by a carrier; and
(b) is used, or intended for use, beyond the boundaries of any such telecommunications network;
“customer equipment” means equipment that:
(a) is, or is intended to be, connected to a telecommunications network operated by a carrier; and
(b) is used, or intended for use, beyond the boundaries of any such telecommunications network;
but, subject to the regulations, does not include a receiver or a radiocommunications transmitter;
“earth-based facility” means a facility other than a satellite-based facility;
“equipment” means any apparatus or equipment used, or intended for use, in or in connection with a telecommun
This is an opening excerpt, not the complete document.