Part Part 1 - Telecommunications Code of Practice 2021 - Preliminary

Part 1Preliminary

Start here

Get a plain-English read of Part 1

Turn the raw legal text into a practical explanation grounded in Telecommunications Code of Practice 2021.

Chapter 1 Preliminary

1.1 Name

This instrument is the Telecommunications Code of Practice 2021.

1.3 Authority

This instrument is made under subclause 15(1) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.

1.4 Repeal

The Telecommunications Code of Practice 2018 is repealed.

Background to code of practicePart 1 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and exercise any of the following powers: inspect the land — see Division 2 of Part 1 of the Schedule install a facility — see Division 3 of Part 1 maintain a facility — see Division 4 of Part 1.In exercising a power, a carrier must comply with the conditions specified in the Part, including: doing as little damage as practicable acting in accordance with good engineering practice complying with recognised industry standards.Under clause 15 of the Schedule, the Minister may make a Code of Practice setting out conditions to be complied with by carriers in relation to any or all of the activities covered by the Divisions (other than activities covered by a facility installation permit).Carriers must comply with the Code as well as the conditions specified in Part 1 of the Schedule.Simplified outline of codeThe Code has 7 Chapters.The Chapters deal with the following activities: Chapter 1 — preliminary Chapter 1A — primary carrier conditions Chapter 2 — inspection of land Chapter 3 — subscriber connection Chapter 4 — low‑impact facilities Chapter 5 — temporary defence facilities Chapter 6 — maintenance of facilities.Definitions for words and expressions used in the Chapters are to be found in the dictionary in the Schedule at the end of the Code.

1.5 Definitions — the dictionary

(1) The dictionary in the Schedule defines particular words and expressions.

(2) A definition found elsewhere in this Code is indicated by a signpost definition in the dictionary.

Example:

Note: The signpost definition

Note: land entry activity: see section 2.2.

Note: indicates that the expression is defined in section 2.2 of this Code.

Note A signpost definition of a word or expression is included only if the definition is used outside the section defining the word or expression.

(3) The dictionary also includes certain words and expressions relevant to this Code that are defined in the Telecommunications Act 1997.