CTHRepealedAct
Telecommunications Act 1991
209Issuing of class licences
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##### 209 Issuing of class licences
(1) AUSTEL may, by notice published in the Gazette, issue class licences specifying eligible services that persons are, subject to the conditions set out in the licences, permitted to supply.
(2) AUSTEL may include in a class licence any conditions it thinks necessary or desirable to achieve the objects of this Part, including, for example:
(a) conditions relating to technical and operational standards for the supply of eligible services; and
(b) conditions relating to compliance with technical standards about network matters in force under Division 3 of Part 12; and
(c) conditions relating to how eligible services specified in the licence are to be supplied; and
(d) conditions relating to prohibition of the supply of eligible services for illegal purposes; and
(e) conditions relating to prohibition of the use of telecommunications networks in an unlawful way or for unlawful purposes; and
(f) a condition that a supplier of eligible services must, in accordance with directions by AUSTEL, consult with Commonwealth, State and Territory law enforcement agencies about any proposal by the supplier to use new technology in its telecommunications activities or to develop new technology in order to so use it; and
(g) a condition that the supplier must, in accordance with directions by AUSTEL, give to officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for any of the following purposes:
(i) enforcing the criminal law and laws imposing pecuniary penalties;
(ii) protecting the public revenue;
(iii) safeguarding national security.
(3) A class licence, or a condition, may be expressed to apply in relation to specified persons.
(4) Subsection (3) does not limit subsection (1) or (2).
(5) AUSTEL must not issue a class licence unless it is satisfied that the conditions included in the licence are sufficient to ensure that any customer equipment, customer cabling, or other equipment, that will be used in the supply of an eligible service under the licence will comply with technical standards determined under Divisions 2 and 3 of Part 12.
(6) AUSTEL must not issue a class licence that is inconsistent with directions given by the Minister under Division 2.
(7) In deciding whether or not to issue a particular class licence, AUSTEL must have regard to the carriers’ rights under Parts 6 and 9.
(8) A class licence has effect on and from the day specified in the notice published under subsection (1).