63Conditions about certain matters

##### 63 Conditions about certain matters (1) Subject to subsection (3), a condition of a licence must not be inconsistent with an Act, or regulations under an Act. (2) A condition of a licence held by a carrier has effect subject to the provisions of a licence under the Radiocommunications Act 1992 under which the carrier is authorised to do something. (3) A condition of a licence held by a carrier may abrogate or restrict a right or privilege that the carrier would otherwise have under a provision of this Act or the regulations. (4) A condition or conditions of any of the following kinds may be imposed under section 64 or 65 on a licence: (a) a condition that the licence ceases to be in effect at the end of a specified period or on the happening of a specified event; (b) a condition that the holder of the licence must engage in specified activities or conduct, as provided in the condition; (c) a condition that the holder must not supply specified telecommunications services except for carrying communications: (i) within a specified geographical area; or (ii) between a specified geographical area and places outside that area; (d) a condition that the holder must not engage in specified activities or conduct at all, or except as provided in the condition; (e) a condition about what the holder must do in connection with developing the telecommunications industry in Australia; (f) a condition about the extent of foreign ownership or control (whether direct or indirect) of the holder; (g) a supplementary access condition (as defined by subsection 138(1)); (h) a condition about how the holder is to ensure and maintain quality in connection with its supply of telecommunications services; (i) a condition about how the holder is to deal with inquiries and complaints from the persons to whom it supplies telecommunications services; (j) a condition about what the holder must do to maintain appropriate technical standards in its telecommunications activities; (k) a condition that the holder must install and operate new telecommunications network infrastructure as provided in the condition; (l) a condition that the holder must, in accordance with directions by AUSTEL, consult with Commonwealth, State and Territory law enforcement agencies about the holder’s proposals to use new technology in its telecommunications activities or to develop new technology in order to so use it; (m) a condition that the holder 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; (n) a condition that the holder must, as soon as practicable and in association with other carriers, enter into an Ombudsman scheme, providing for investigation and report to AUSTEL in relation to complaints by consumers about all matters relating to service, billing and the manner of charging for telecommunications services. (5) A reference in paragraph (4)(b) or (d) to activities or conduct includes a reference to activities or conduct having no direct or indirect connection with supplying telecommunications services or operating telecommunications networks. (6) A licence that is subject to a condition of a kind referred to in paragraph (4)(a) ceases to be in effect as provided by the condition. (7) Nothing in this section limits the generality of anything else in it, or of section 64 or 65. (8) As soon as practicable after the day on which this Act receives the Royal Assent, the Minister shall cause to be laid before each House of the Parliament a copy of the form of a licence.