Part 1
Preliminary
Part 1—Preliminary
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Commonwealth act
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Direct links to the current provisions in Telecommunications Act 1991.
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This Act may be cited as the Telecommunications Act 1991.
(1) Subject to this section, this Act commences on 1 July 1991. (2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (3) Sections 116 and 120 commence on a day to be fixed by Proclamation. (4) If sections 116 and 120 do not commence under subsection (3) of this section before 1 January 1992, they commence on that day.
The objects of this Act include:
(a) ensuring that the standard telephone service:
(i) is supplied as efficiently and economically as practicable; and
(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; and
(b) maximising the efficiency of the carriers, as the primary providers of Australia’s telecommunications networks and the primary suppliers of Australia’s telecommunications services; and
(c) enabling the carriers to meet their commercial obligations and their obligations under this Act and other laws of the Commonwealth; and
(d) ensuring that the carriers achieve the highest possible levels of accountability and responsiveness to customer and community needs; and
(e) achieving optimal rates of expansion and modernisation for Australia’s telecommunications infrastructure and networks; and
(f) promoting the introduction of new and diverse telecommunications services; and
(g) enabling all sectors of the Australian telecommunications industry to participate effectively in Australian and overseas telecommunications markets on a commercial basis and making Australia more attractive as an international telecommunications centre; and
(h) 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; and
(i) creating a regulatory environment for the supply of telecommunications services which promotes competition and fair and efficient market conduct; and
(j) promoting the development of Australia’s telecommunications capabilities, industries and skills, for use in Australia and overseas; and
(k) promoting research and development within Australia in relation to new and diverse telecommunications facilities and services for use in Australia and overseas; and
(l) ensuring that all parts of the community benefit from lower prices for telecommunications facilities and services and from the future development of telecommunications networks.
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This Act may be cited as the Telecommunications Act 1991.
(1) Subject to this section, this Act commences on 1 July 1991. (2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (3) Sections 116 and 120 commence on a day to be fixed by Proclamation. (4) If sections 116 and 120 do not commence under subsection (3) of this section before 1 January 1992, they commence on that day.
The objects of this Act include:
(a) ensuring that the standard telephone service:
(i) is supplied as efficiently and economically as practicable; and
(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; and
(b) maximising the efficiency of the carriers, as the primary providers of Australia’s telecommunications networks and the primary suppliers of Australia’s telecommunications services; and
(c) enabling the carriers to meet their commercial obligations and their obligations under this Act and other laws of the Commonwealth; and
(d) ensuring that the carriers achieve the highest possible levels of accountability and responsiveness to customer and community needs; and
(e) achieving optimal rates of expansion and modernisation for Australia’s telecommunications infrastructure and networks; and
(f) promoting the introduction of new and diverse telecommunications services; and
(g) enabling all sectors of the Australian telecommunications industry to participate effectively in Australian and overseas telecommunications markets on a commercial basis and making Australia more attractive as an international telecommunications centre; and
(h) 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; and
(i) creating a regulatory environment for the supply of telecommunications services which promotes competition and fair and efficient market conduct; and
(j) promoting the development of Australia’s telecommunications capabilities, industries and skills, for use in Australia and overseas; and
(k) promoting research and development within Australia in relation to new and diverse telecommunications facilities and services for use in Australia and overseas; and
(l) ensuring that all parts of the community benefit from lower prices for telecommunications facilities and services and from the future development of telecommunications networks.
An Act about telecommunications, and for related purposes
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This Act may be cited as the Telecommunications Act 1991.
(1) Subject to this section, this Act commences on 1 July 1991. (2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (3) Sections 116 and 120 commence on a day to be fixed by Proclamation. (4) If sections 116 and 120 do not commence under subsection (3) of this section before 1 January 1992, they commence on that day.
The objects of this Act include:
(a) ensuring that the standard telephone service:
(i) is supplied as efficiently and economically as practicable; and
(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; and
(b) maximising the efficiency of the carriers, as the primary providers of Australia’s telecommunications networks and the primary suppliers of Australia’s telecommunications services; and
(c) enabling the carriers to meet their commercial obligations and their obligations under this Act and other laws of the Commonwealth; and
(d) ensuring that the carriers achieve the highest possible levels of accountability and responsiveness to customer and community needs; and
(e) achieving optimal rates of expansion and modernisation for Australia’s telecommunications infrastructure and networks; and
(f) promoting the introduction of new and diverse telecommunications services; and
(g) enabling all sectors of the Australian telecommunications industry to participate effectively in Australian and overseas telecommunications markets on a commercial basis and making Australia more attractive as an international telecommunications centre; and
(h) 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; and
(i) creating a regulatory environment for the supply of telecommunications services which promotes competition and fair and efficient market conduct; and
(j) promoting the development of Australia’s telecommunications capabilities, industries and skills, for use in Australia and overseas; and
(k) promoting research and development within Australia in relation to new and diverse telecommunications facilities and services for use in Australia and overseas; and
(l) ensuring that all parts of the community benefit from lower prices for telecommunications facilities and services and from the future development of telecommunications networks.
The provisions of this Part have effect for the purposes of this Act, except so far as the contrary intention appears in this Act.
Unless the contrary intention appears:
access agreement means an agreement made between 2 or more carriers for the purposes of:
(a) subsection 137(2) or (3); or
(b) one or more supplementary access conditions of one or more general telecommunications licences or public mobile licences;
and has the additional meaning for which section 156 provides.
accredited test house means a test house in relation to which there is in operation an accreditation granted under regulations made because of section 266.
adjacent area, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.
allocation, in relation to a number in respect of telecommunications services to be provided across a public telecommunications network, includes reservation for the future use of that number.
appointing authority means:
(a) in relation to a member appointed under section 368—the Governor-General; and
(b) in relation to an associate member appointed under section 369—the Minister.
appropriate fee, in relation to an application, means the fee for the application that is payable under the Telecommunications (Application Fees) Act 1991.
AUSTEL means the Australian Telecommunications Authority.
Australia includes the external Territories (if any) to which this Act extends.
basic carriage service has the meaning given by section 174.
BCS tariff, in relation to a carrier, means:
(a) a tariff given to AUSTEL by the carrier under section 190 and in force for the time being, whether or not it has been varied under section 192; or
(b) a tariff that purports to be such a tariff but does not comply with section 190;
but does not include:
(c) a tariff that contravenes subsection 190(4); or
(d) a document that AUSTEL has disallowed under section 191; or
(e) a document that constitutes a tariff of a kind referred to in paragraph (a) or (b) of this definition, or a part of such a document, being a document or part of a document that AUSTEL has disallowed under section 238A, except to the extent that its operation is continued under subsection 238A(11).
boundary, in relation to a telecommunications network, has a meaning affected by Division 2.
business day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the place concerned.
cabling licence means a licence issued under Division 7 of Part 12 to perform cabling work.
cabling work means:
(a) the installation of customer cabling for connection to a telecommunications network operated by a carrier; or
(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 a general carrier or a mobile carrier.
carry includes transmit, switch and receive.
Chairperson means the Chairperson of AUSTEL.
charge includes:
(a) any charge or fee (whether payable periodically, in instalments or otherwise); and
(b) a nil charge or nil fee; and
(c) in relation to a telecommunications service, includes:
(i) any charge or fee (including of a kind referred to in paragraph (a) or (b)) for or in relation to a facility used, or intended for use, in relation to the supply of the service; and
(ii) any other charge or fee (including of a kind referred to in paragraph (a) or (b)) for or in relation to the supply of the service.
class licence means a class licence issued under Subdivision A of Division 3 of Part 10.
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; or
(B) data; or
(C) text; or
(D) visual images, whether or not animated; or
(E) signals; or
(ii) in any other form or in any combination of forms.
condition, in relation to a general telecommunications licence or a public mobile licence, means a condition or restriction to which the licence is subject, or will be subject, as the case requires.
convention means a convention to which Australia is a party or an agreement or arrangement between Australia and a foreign country, and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of 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 is, or is intended to be, connected to a telecommunications network operated by a carrier, other than equipment that is used, or intended for use, within the boundaries of such a network.
device has the same meaning as in the Radiocommunications Act 1992.
distinct places has the meaning given by Division 3.
dominate has a meaning affected by section 28.
earth-based facility means a facility other than a satellite-based facility.
eligible corporation means a body corporate that is, for the purposes of paragraph 51(20) of the Constitution, a trading corporation, or a financial corporation, formed within the limits of the Commonwealth.
eligible international service means an eligible service that is also an international service.
eligible service has the meaning given by section 18.
eligible Territory means an internal Territory, or an external Territory to which this Act extends.
emergency service number has the meaning given by section 242C.
equipment means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, but does not include a line.
exempt activity means an activity, or conduct, engaged in in the course of, for the purposes of, or otherwise in connection with:
(a) installing, maintaining or operating a telecommunications network; or
(b) without limiting paragraph (a), supplying, installing, maintaining or operating a facility.
facility:
(a) in the case of a reference to a facility ancillary to a line link—has the meaning given by section 23; or
(b) otherwise—means:
(i) any part of the infrastructure of a telecommunications network; or
(ii) any line, equipment, tower, mast, antenna, tunnel, hole, pit, pole or other structure or thing used, or intended for use, in or in connection with a telecommunications network; or
(iii) without limiting subparagraph (i) or (ii), a facility ancillary to a line link (as defined by section 23).
Federal Court means the Federal Court of Australia.
Fund means the Universal Service Fund established by section 322.
general carrier means the holder of a general telecommunications licence in force under Part 5.
higher level service means a telecommunications service that is not a basic carriage service.
included, in relation to a BCS tariff, has the meaning given by section 21.
install includes alter, move, remove and replace.
interference has the same meaning as in the Radiocommunications Act 1992.
international service means a telecommunications service between a place within Australia and a place outside Australia.
international telecommunications operator means a person (other than a carrier) who operates a telecommunications network outside Australia for or in relation to the supply of international services, or who supplies such services.
law, in relation to a State or Territory, does not include the common law of the State or Territory.
levy means levy imposed by the Telecommunications (Universal Service Levy) Act 1991 and assessed under Division 3 of Part 13 of this Act.
licence, in Parts 5, 6, 7, 8 and 16, means a general telecommunications licence, or a public mobile licence, in force under Part 5.
licensee, in Part 12, means a natural person who is the holder of a cabling licence.
line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or intended for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.
line link has the meaning given by section 22.
maintain includes adjust and repair.
market has the same meaning as in the Trade Practices Act 1974.
member means a member of AUSTEL and:
(a) in Division 5 of Part 8, includes:
(i) an associate member directed to perform the duties of a member generally; and
(ii) an associate member directed to perform the duties of a member in relation to specified matters that are related to the subject of the arbitration concerned; and
(b) in Part 17 (other than sections 367, 368, 372, 374 and 375), includes an associate member; and
(c) in section 375, includes:
(i) an associate member directed to perform the duties of a member generally; and
(ii) an associate member directed to perform the duties of a member in relation to specified matters that are related to the question to be decided.
mobile carrier means the holder of a public mobile licence in force under Part 5.
modifications includes variations, additions, omissions and substitutions.
national numbering plan means the plan prepared under section 239.
net cost area, in relation to a financial year, means an area declared under section 294 to be a net cost area for that financial year.
network matter means a matter relating to:
(a) the operation of telecommunications networks; or
(b) the operation of facilities connected to, and within the boundaries of, telecommunications networks; or
(c) the supply of telecommunications services by means of telecommunications networks.
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