Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005
An Act to amend the law relating to telecommunications, and for other purposes
1 Short title
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.5
2 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.6
2 Commencement
Commencement rules for provisions in the Act.
1 Section 1
Table of sections and commencement provision
23 September
2 Section 2
Schedule 1, effective one day after Royal Assent.
24 September
3 Section 3
21 October 2005
4 Section 4
5 Section 5
6 Section 6
23 March 2006
7 Section 7
8 Section 8
Defines temporal interval for commencement
9 Section 9
Commencement information for the Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005
10 Section 10
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.7
11 Section 11
12 Section 12
The day after this Act receives the Royal Assent.
13 Section 13
1 January 2006
14 Section 14
3 Schedule(s)
Amends or repeals Acts specified in a Schedule according to its terms.
4 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.8
1 Part 2 of Schedule 1
2 Transitional—clauses 14 and 15 of Schedule 1 to the
Defines pre-commencement reporting period for transitional provisions.
1 After subsection 121(1A)
Person may be given direction under subsection (1) in respect of replacement code during period when replacement code is registered.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.9
2 At the end of section 122
May be given a formal warning under subsection (2) in respect of the replacement code during the period when the replacement code is registered under this Part.
Temporal interval during which the person may be given a formal warning
The period when the replacement code is registered under this Part.
6 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.10
3 Application of amendments
Prevents conduct from occurring before commencement.
1 Paragraph 460(3)(a)
Repeal paragraph and substitute with a new provision
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.11
2 Subparagraphs 460(3)(c)(ii) and (iv)
3 After subsection 460(4)
Declaration under subparagraph (3)(a)(ii) is a legislative instrument.
Declaration is a legislative instrument.
4 Application of amendments
Exemptions from amendments for certain variations of numbering plans
8 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.12
1 Paragraph 151BX(3)(a)
Prohibit contraventions of the competition rule exceeding 21 days.
Prohibits contraventions of the competition rule exceeding 21 days.
2 Application of amendment
Amendment applies to contraventions of competition rule after commencement.
1 At the end of subsection 152AS(2)
Conditional reference to section 152BBAA for judicial enforcement.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.13
2 At the end of subsection 152ASA(2)
References section for judicial enforcement of conditions and limitations.
3 At the end of subsection 152AT(5)
4 At the end of subsection 152ATA(4)
5 At the end of section 152BB
Section 152BBAA is not limited by this section.
6 After section 152BB
Insert Schedule 5 Enforcement of conditions and limitations of exemption determinations and orders
10 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.14
Court may make orders to comply with conditions or limitations.
Court has obligation to enforce conditions.
May discharge or vary an order granted under this section.
1 At the end of section 152AS
Reference to Acts Interpretation Act 1901 for variation and revocation of instruments
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.15
2 At the end of section 152ASA
12 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.16
1 Subsection 25(1)
2 Section 152AC
Defines modifications as additions, omissions, and substitutions.
3 Section 152AC
4 Subsection 152AO(3)
Substitute minor nature variation definition
5 After subsection 152AT(2)
Applicant may modify application before Commission decision.
6 After subsection 152ATA(2)
Applicant may modify application within time allowed by Procedural Rules Schedule 7.
7 After subsection 152AU(2)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.17
7(2A) After subsection 152AU(2)
Commission may refuse application if information not given within time limit.
Commission prohibits applicant from proceeding if information not given within time limit.
(a) the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the applicant does not give the Commission the information within the time limit allowed by the Procedural Rules;
the Commission may, by written notice given to the applicant, refuse the application.
The excerpt specifies a temporal interval (time limit) within which the information must be given.
(a) the Procedural Rules make provision for or in relation to a time limit for giving the information;
The excerpt specifies a recurring trace (time limit) within which the information must be given.
The excerpt prohibits the applicant from proceeding if information not given within time limit.
(b) the applicant does not give the Commission the information within the time limit allowed by the Procedural Rules;
7(2B) After subsection 152AU(2)
Subsection (2A) has effect despite anything in this Division.
8 Subsection 152AU(3)
Omit 'The Commission' and substitute with a conditional phrase.
9 After subsection 152BT(2)
9(2A) After subsection 152BT(2)
Commission may reject undertaking if information not given within time limit.
Commission prohibits carrier/provider from failing to provide information within time limit.
(2A) If the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the carrier or provider does not give the Commission the information within that time limit;
The Commission may, by written notice given to the carrier or provider, reject the undertaking.
Commission traces carrier/provider's failure to provide information within time limit.
(2A) If: (a) the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the carrier or provider does not give the Commission the information within that time limit;
Carrier/provider is obligated to provide information within time limit.
9(2B) After subsection 152BT(2)
9(2C) After subsection 152BT(2)
Effect of rejection decision on subsection 152BU(5)
Applies effect of decision on subsection 152BU(5)
subsection 152BU(5) has effect as if decision had been made under subsection 152BU(2)
Applies temporal overlap between decisions
Applies diffusion of effects between decisions
Applies cognitive processing of decisions
10 Subsection 152BT(3)
14 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.18
Substitute provision for time limit in information giving
11 After subsection 152BU(1)
Carrier or provider may modify undertaking under certain conditions.
12 After subsection 152BY(2)
Carrier or provider may modify variation under certain conditions.
13 Subsection 152BY(4)
Omit 'of a minor nature' and substitute with a variation of a minor nature under the Procedural Rules.
14 After subsection 152BZ(2)
14(2A) After subsection 152BZ(2)
Commission may reject variation if carrier/provider fails to provide information within time limit.
Information within time limit allowed by Procedural Rules
Prohibition of failing to provide information within time limit
14(2B) After subsection 152BZ(2)
Prohibits effect of subsection (2A) despite anything in the Division.
(2B) Subsection (2A) has effect despite anything in this Division.
14(2C) After subsection 152BZ(2)
Effect of rejecting variation on subsection 152BY(7)
15 Subsection 152BZ(3)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.19
If the Procedural Rules do not make provision for or in relation to a time limit...
16 After subsection 152CBB(2)
16(2A) After subsection 152CBB(2)
Commission prohibits giving undertaking if information not provided on time.
(2A) If the Procedural Rules make provision for or in relation to a time limit...
...the Commission may, by written notice given to the person, reject the undertaking.
Excerpt specifies time limit within which information must be provided.
(2A) If: (a) the Procedural Rules make provision for or in relation to a time limit...
16(2B) After subsection 152CBB(2)
16(2C) After subsection 152CBB(2)
Effect of decision to reject undertaking
(2C) If the Commission makes a decision under subsection (2A)
has effect as if the decision had been made under subsection 152CBC(2)
17 Subsection 152CBB(3)
18 After subsection 152CBC(1)
Modify undertaking before Commission decision
16 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.20
19 After subsection 152CBG(2)
Allow modification of variation under certain conditions.
20 Subsection 152CBG(4)
21 After subsection 152CBH(2)
21(2A) After subsection 152CBH(2)
Commission may reject variation if information not given within time limit.
Commission prohibits rejection of variation if information not given within time limit.
(2A) If the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the person does not give the Commission the information within the time limit allowed by the Procedural Rules;
The Commission may, by written notice given to the person, reject the variation.
Information must be provided within a specific time interval.
(2A) If: (a) the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the person does not give the Commission the information within the time limit allowed by the Procedural Rules;
The variation is rejected if the person does not provide information within the specified time interval.
Variation rejection is a recurring process based on information provided within time limit.
Variation rejection diffuses to all parties involved.
Variation rejection classified based on AI analysis of information provided within time limit.
21(2B) After subsection 152CBH(2)
21(2C) After subsection 152CBH(2)
22 Subsection 152CBH(3)
23 After section 152CD
23(1) After section 152CD
Commission may defer consideration of access undertakings or variations thereof.
23(2) After section 152CD
Subsection (1) has effect despite anything in this Division.
24 At the end of section 152CLA
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.21
24(8) At the end of section 152CLA
May be displaced or modified by Procedural Rules
24(9) At the end of section 152CLA
Commission may defer consideration of access dispute
24(10) At the end of section 152CLA
Subsection (9) has effect despite anything in this Division.
25 At the end of section 152DB
Displacement or modification of certain paragraphs by Procedural Rules.
26 At the end of section 152DK
27 At the end of section 152DMA
Permits modification of subsections (1) to (7)
28 After Division 10 of Part XIC
18 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.22
20 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.24
No failure to comply affects instrument validity
Instrument exemption from plan compliance
Plan non-compliance does not affect instrument validity
Instrument is exempt from plan compliance
Plan compliance timing overlap with instrument validity
Plan non-compliance does not affect instrument validity at all times
Plan compliance overlaps with instrument validity in some time intervals
Instrument validity tracing through plan compliance
Instrument validity is traced through the plan compliance time intervals
Exemption diffusion to related instruments
Exemption diffuses to related instruments under subsection 152ELA(1)
Instrument inference from plan compliance exemption
Instrument is inferred to be exempt from plan compliance under subsection 152ELA(1)
The plan is not a legislative instrument.
1 At the end of Schedule 1
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.25
44A Simplified outline
Carrier must obtain designated interconnection service from carriage service provider.
Carrier must obtain designated interconnection service.
45 Definitions
Definitions for active declared service, designated interconnection service, and eligible service.
46 Carriers must obtain designated interconnection services from
Carriers must obtain designated interconnection services from carriage service providers.
Obligation to obtain designated interconnection services
22 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.26
Designated interconnection service terms and conditions must be agreed upon or determined by an arbitrator.
Mandatory obligation on the carrier and carriage service provider.
Regulations may make provision for arbitration conduct.
ACCC may be constituted by a single member or specified number of members for a particular arbitration.
Nominations in writing by the Chairperson of the ACCC
No implication that subclause (4) limits subclause (3).
(5) Subclause (4) does not, by implication, limit subclause (3).
47 Designated interconnection services
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.27
47(1) Designated interconnection services
The Minister may declare a specified service as a designated interconnection service.
47(2) Designated interconnection services
Declaration affects the declaration itself.
47(3) Designated interconnection services
Request for ACCC report on proposed declaration promoting objective of any-to-any connectivity
47(4) Designated interconnection services
Must provide report to Minister within 30 days
47(5) Designated interconnection services
Minister must consider ACCC's report and other relevant matters when deciding to make a declaration.
Minister has an obligation to consider ACCC's report and other relevant matters.
The Minister must decide whether to make the declaration.
The Minister must have regard to the ACCC’s report and such other matters as the Minister considers relevant.
Minister has an obligation to consider other relevant matters.
The Minister must have regard to such other matters as the Minister considers relevant.
Temporal interval for consideration of ACC report and other matters.
The Minister must have regard to the ACCC’s report and such other matters as the Minister considers relevant within a certain time frame.
Minister has permission to consider other relevant matters.
The Minister may have regard to such other matters as the Minister considers relevant.
47(6) Designated interconnection services
Declaration under subclause (1) is a legislative instrument.
24 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.28
1 Paragraph 152AB(2)(e)
Encourage economically efficient use of infrastructure for listed services.
2 Paragraph 152AB(6)(a)
3 Subparagraph 152AB(6)(a)(i)
Omit 'or available', substitute 'available or likely to become available'
Substitute ‘available or likely to become available’
4 Subparagraph 152AB(6)(a)(ii)
Insert 'or likely to become reasonable' after 'reasonable'
5 Paragraph 152AB(6)(c)
Repeal paragraph, substitute incentives for investment in infrastructure
Replace existing incentives with new ones
6 After subsection 152AB(7)
6(7A) After subsection 152AB(7)
Must regard risks in investment incentives
(7A) For the purposes of paragraph (6)(c)
regard must be had to the risks involved in making the investment
Temporal relation between risk consideration and investment
in determining incentives for investment, regard must be had to the risks involved in making the investment
Risk consideration as a condition for investment incentives
6(7B) After subsection 152AB(7)
Does not limit matters to which regard may be had
26 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.30
1 Section 6 (after table item 9)
2 After Part 31
572A Simplified outline
A person may give an enforceable undertaking about compliance with the Act.
572B Acceptance of undertakings
572B(1) Acceptance of undertakings
572B(2) Acceptance of undertakings
Expressing an undertaking under section 572B(2)
572B(3) Acceptance of undertakings
Consent required for withdrawal or variation of undertaking
The person may withdraw or vary the undertaking
572B(4) Acceptance of undertakings
ACMA may, by written notice given to the person
Temporal relation between cancellation and undertaking
(4) The ACMA may, by written notice given to the person
Implication of cancellation on undertaking
Cancellation implies termination of undertaking
Propagation of cancellation through the system
Cancellation propagates through the system
Inference of cancellation from ACMA's action
Cancellation is inferred from ACMA's action
572B(5) Acceptance of undertakings
ACMA may publish undertaking on its Internet site.
572B(6) Acceptance of undertakings
Includes the Telecommunications (Consumer Protection and Service Standards) Act 1999.
572C Enforcement of undertakings
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.31
572C(1) Enforcement of undertakings
572C(2) Enforcement of undertakings
Court may order person to comply with undertaking.
28 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.32
1 Section 61
Insertion of '(1)' before 'A carrier licence'
2 At the end of section 61
2(2) At the end of section 61
Minister may declare Part 8 of Schedule 1 ceases to have effect on a specified day.
2(3) At the end of section 61
2(4) At the end of section 61
A declaration under subsection (2) is a legislative instrument.
is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Declaration is applicable during the period of the Legislative Instruments Act 2003.
3 After section 61
61A Review before 1 July 2009 of conditions relating to operational
61A(1) Review before 1 July 2009 of conditions relating to operational
Minister must conduct review of Part 8 operation before July 2009.
61A(2) Review before 1 July 2009 of conditions relating to operational
Must consider specific matters when reviewing conditions relating to operational separation of Telstra.
(2) A review under subsection (1) must have regard to the following matters:
61A(3) Review before 1 July 2009 of conditions relating to operational
Minister must prepare report after review under subsection (1)
The Minister MUST cause to be prepared a report...
61A(4) Review before 1 July 2009 of conditions relating to operational
Table report in Parliament within 15 sitting days
61A(5) Review before 1 July 2009 of conditions relating to operational
Defines terms for review of conditions relating to operational activities.
4 After section 69
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.33
69A Remedial directions—breach by Telstra of conditions relating
69A(1) Remedial directions—breach by Telstra of conditions relating
Remedial directions for breach of conditions relating to Telstra's actions.
Telstra must comply with the conditions.
69A(2) Remedial directions—breach by Telstra of conditions relating
Telstra must take specified action to prevent future breach of conditions.
69A(3) Remedial directions—breach by Telstra of conditions relating
Examples of direction that may be given to Telstra under subsection (2)
30 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.34
No contravention of a direction under subsection (2)
(4) Telstra must not contravene a direction under subsection (2).
69B Review by the Australian Competition Tribunal of remedial
69B(1) Review by the Australian Competition Tribunal of remedial
69B(2) Review by the Australian Competition Tribunal of remedial
Application for review of a section 69A direction must be made in writing within 7 days.
Application for review must be made in writing within 7 days.
Review application must be made within 7 days after the ACCC gave the direction.
Application for review must be made within a temporal interval of 7 days.
69B(3) Review by the Australian Competition Tribunal of remedial
Must review direction on application for review
69B(4) Review by the Australian Competition Tribunal of remedial
The Australian Competition Tribunal may make a decision affirming, setting aside, or varying a section 69A direction.
69B(5) Review by the Australian Competition Tribunal of remedial
A decision by the Australian Competition Tribunal is taken to be a decision of the ACCC for certain purposes.
Decision is taken to be a decision of the ACCC
(5) A decision by the Australian Competition Tribunal...
69B(6) Review by the Australian Competition Tribunal of remedial
ACCC must provide information, reports, and assistance to the Tribunal as specified.
Obligation to provide information, reports, and assistance.
69B(7) Review by the Australian Competition Tribunal of remedial
May consider information given to the ACCC in connection with a section 69A direction
69B(8) Review by the Australian Competition Tribunal of remedial
Division 2 of Part IX applies to proceedings before the Australian Competition Tribunal under this section.
5 After paragraph 70(5)(b)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.35
6 At the end of section 70
7 At the end of Schedule 1
Operational separation of Telstra at the end of Schedule 1
32 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.36
48 Aim and objects
48(1) Aim and objects
Promote transparency and equivalence in wholesale services supply
Obligation to promote transparency and equivalence
48(2) Aim and objects
Promote a principle of equivalence in relation to the supply by Telstra of designated services.
Promote a principle of equivalence in relation to the supply by Telstra.
48(3) Aim and objects
Regard must be had to terms and conditions relating to price or a method of ascertaining price.
(3) In determining the principle of equivalence covered by paragraph (2)(a), regard must be had to:
Temporal interval for regarding terms and conditions.
48(4) Aim and objects
Regard may be had to matters not limited by subclause (3)
48(5) Aim and objects
Must consider the needs of wholesale customers in relation to eligible services.
Must consider the needs of wholesale customers.
The needs of wholesale customers must be considered.
Obligation to consider the needs of wholesale customers.
34 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.38
No limitation on matters to which regard may be had
49 Simplified outline
Prepare operational separation plans and comply with rectification plans.
Draft operational separation plan, Draft rectification plan
50 Definitions
Definitions for Telstra business units and services
50A Designated services
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.39
50A(1) Designated services
50A(2) Designated services
Minister cannot make a determination without Telstra's consent
Prohibition of making a determination without consent
50A(3) Designated services
Applicability of Acts Interpretation Act 1901 to Minister's power
Minister's power is subject to Acts Interpretation Act 1901
(3) Subsection 33(3) of the Acts Interpretation Act 1901 applies
to a power conferred on the Minister by subclause (1)
36 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.40
Minister cannot vary determination without Telstra's consent
Consultation requirement before making a determination
(5) Before making a determination under subclause (1)
A determination under subclause (1) is a legislative instrument.
50B Declared network services
50B(1) Declared network services
Declared network service is a service specified in a written determination
50B(2) Declared network services
A determination under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(2) A determination under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The provision is classified as an undertaking.
The provision specifies a temporal interval.
The provision specifies a relation between instruments.
50C Notional contracts
Treat notional contracts as actual contracts for Telstra's business units.
Imposes a duty on Telstra's business units.
51 Contents of draft or final operational separation plan
51(1) Contents of draft or final operational separation plan
Telstra must prepare and report on compliance with the operational separation plan.
Annual reports and independent audit reports
Requires reporting within a specified period after each financial year
(i) within a specified period after the end of each financial year, to prepare a report about the extent to which Telstra complied with the plan during that year;
Expresses a duty to give reports to the Minister
(ii) to give the report to the Minister;
Expresses a duty to make reports available on the Internet site
(iii) to make a copy of the report, or extracts from the report, available on Telstra’s Internet site;
51(2) Contents of draft or final operational separation plan
Manner of meeting paragraph (1)(b) or (c) requirement is not limited by subclause.
51(3) Contents of draft or final operational separation plan
Empowers Minister, ACCC or ACMA to make decisions of an administrative character.
Temporal relation to administrative decisions
51(4) Contents of draft or final operational separation plan
A determination under paragraph (1)(d) is a legislative instrument
(4) A determination under paragraph (1)(d) is a legislative instrument
Definition of final operational separation plan
A final operational separation plan is a draft operational separation plan that has been approved by the Minister—see clause 55.
Definition of draft operational separation plan
52 Draft operational separation plan to be given to Minister
Must provide draft operational separation plan to Minister within 90 days
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.41
53 Public comment—draft operational separation plan
Publish a notice in a newspaper before submitting an operational separation plan
Before submitting an operational separation plan
38 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.42
Provide a copy of the preliminary version on the Internet site within 30 days.
Must provide a copy of the preliminary version on the Internet site.
The provision has a temporal interval of at least 30 days.
54 Approval of draft by Minister
54(1) Approval of draft by Minister
Telstra must give the Minister a draft operational separation plan.
54(2) Approval of draft by Minister
Minister must approve or refuse plan approval
54(3) Approval of draft by Minister
Minister must consider certain matters when deciding to approve a plan.
Minister has an obligation to consider certain matters.
(3) In deciding whether to approve the plan, the Minister must have regard to the following matters:
Plan is a temporal interval that the Minister considers.
Minister's decision implies consideration of certain matters.
Minister's consideration spreads to other matters.
54(4) Approval of draft by Minister
The Minister may have regard for matters beyond the scope of subclause (3).
54(5) Approval of draft by Minister
Minister's approval within 90 days is deemed approval.
Minister's obligation to approve plan within 90 days.
Plan is approved within 90 days of receipt.
54(6) Approval of draft by Minister
Minister must notify Telstra in writing of decision to approve plan.
54(7) Approval of draft by Minister
Minister must notify Telstra in writing of reasons for refusal.
The Minister must notify Telstra in writing of the Minister’s reasons for the refusal.
54(8) Approval of draft by Minister
Direct Telstra to vary the draft plan and provide it within 60 days.
54(9) Approval of draft by Minister
Determination under paragraph (3)(b) is a legislative instrument.
(9) A determination under paragraph (3)(b) is a legislative instrument
A determination under paragraph (3)(b) is an obligation.
Determination made during the legislative process.
A determination under paragraph (3)(b) was made during the legislative process.
Determination is an argument for the legislative process.
A determination under paragraph (3)(b) is an argument for the legislative process.
Determination spreads to other parts of the legislation.
A determination under paragraph (3)(b) is a legislative instrument that spreads to other parts of the legislation.
Determination is an artificial intelligence application.
A determination under paragraph (3)(b) is an artificial intelligence application.
54(10) Approval of draft by Minister
A direction under subclause (8) is a legislative instrument.
55 Effect of approval
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.43
55(1) Effect of approval
(1) If the Minister approves a draft operational separation plan, the plan becomes a final operational separation plan.
The final operational separation plan comes into force at the time when Telstra is notified of the approval.
55(2) Effect of approval
Plan is not a legislative instrument for certain purposes.
(2) A final operational separation plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
A final operational separation plan is a legislative instrument for certain purposes.
55(3) Effect of approval
Compliance with a final operational separation plan is not required.
(3) Compliance with a final operational separation plan is not a condition of Telstra’s carrier licence.
56 Variation of final operational separation plan
56(1) Variation of final operational separation plan
Variation of final operational separation plan requires Telstra's draft variation to be given to the Minister.
(a) a final operational separation plan is in force; and (b) Telstra gives the Minister a draft variation of the plan.
56(2) Variation of final operational separation plan
Must approve or refuse variation of final operational separation plan
Obligation to approve or refuse variation
56(3) Variation of final operational separation plan
Minister must consider certain matters when deciding to approve a variation of the final operational separation plan.
40 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.44
Minister may have regard to matters not limited by subclause (3)
(4) Subclause (3) does not limit the matters to which the Minister may have regard.
The Minister must consider these matters
Describes a temporal interval between the Minister and matters
The Minister has an interval of having regard to these matters
Describes a trace between the Minister and matters
The Minister has a trace of having regard to these matters
Describes a diffusion between the Minister and matters
The Minister has a diffusion of having regard to these matters
Describes a cognitive relation between the Minister and matters
The Minister has a cognitive relation of having regard to these matters
Minister's obligation to approve variation within 90 days.
Variation approval period overlaps with 90-day deadline.
Minister received draft variation before end of 90 days.
Minister approved variation under subclause (2).
Variation approval implies Minister's obligation to approve within 90 days.
Variation approval propagates to Minister's subsequent actions.
Minister neither approves nor refuses to approve variation.
Variation approval inference from Minister's obligation.
Notify Telstra of decision to approve variation
Minister must notify Telstra of reasons for refusal.
Conditional variation of a plan upon Minister's approval.
A determination under paragraph (3)(b) is a legislative instrument.
The determination under paragraph (3)(b) applies during the period specified in subsection (2)
No variation of a final operational separation plan is a legislative instrument.
Prohibits variations of final operational separation plans from being legislative instruments.
(10) A variation of a final operational separation plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
56A Minister may direct Telstra to vary final operational separation
56A(1) Minister may direct Telstra to vary final operational separation
Minister may direct Telstra to vary final operational separation plan if in force.
56A(2) Minister may direct Telstra to vary final operational separation
Minister may direct Telstra to prepare a draft variation of the plan.
56A(3) Minister may direct Telstra to vary final operational separation
Minister may direct Telstra to vary final operational separation.
57 Public comment—variation of final operational separation plan
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.45
57(1) Public comment—variation of final operational separation plan
Draft variation of final operational separation plan must be given to the Minister under certain conditions.
Must provide draft variation of final operational separation plan
(1) This clause applies to a draft variation of a final operational separation plan unless: (a) the draft variation was given to the Minister as a result of a direction under subclause 56A(2); or (b) both: (i) Telstra had previously given the Minister a written outline of the draft variation; and (ii) the Minister, by written notice given to Telstra, had informed Telstra that the Minister was satisfied that the draft variation was of a minor nature.
Draft variation of final operational separation plan must be given to the Minister after certain conditions are met
Draft variation of final operational separation plan must be given to the Minister before certain conditions are met
Draft variation of final operational separation plan must be given to the Minister and previously communicated to Telstra under certain conditions
Draft variation of final operational separation plan is a type of draft variation
57(2) Public comment—variation of final operational separation plan
Publish notice and make preliminary version available online
Obligation to publish notice and make preliminary version available online
57(3) Public comment—variation of final operational separation plan
Must provide written comments with draft variation
57(4) Public comment—variation of final operational separation plan
Notice under subparagraph (1)(b)(ii) is not a legislative instrument.
42 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.46
58 Publication of final operational separation plan
58(1) Publication of final operational separation plan
Make a copy of the final operational separation plan available on Telstra's Internet site.
Obligation to make a copy of the plan available
58(2) Publication of final operational separation plan
Publish varied final operational separation plan on Internet site
Copy of varied final operational separation plan
59 Contents of draft or final rectification plan
59(1) Contents of draft or final rectification plan
Matters to be set out in a draft or final rectification plan
(a) the action to be taken by Telstra to ensure that the contravention ceases; (b) the action to be taken by Telstra directed towards ensuring that there is no repetition of the contravention in the future; (c) the action to be taken by Telstra by way of reporting to the Minister on any action taken by it as mentioned in paragraph (a) or (b).
(a) the action to be taken by Telstra to ensure that the contravention ceases;
Telstra MUST set out this matter in each draft or final rectification plan.
Temporal interval for reporting action taken by Telstra
(c) the action to be taken by Telstra by way of reporting to the Minister on any action taken by it as mentioned in paragraph (a) or (b).
This action is BETWEEN taking action to cease contravention and ensuring no repetition.
Obligation for Telstra to report action taken
Telstra MUST report this action to the Minister.
Obligation for Telstra to take action to cease contravention
Telstra MUST take this action to cease contravention.
59(2) Contents of draft or final rectification plan
60 Draft rectification plan to be given to Minister
60(1) Draft rectification plan to be given to Minister
Draft rectification plan to be given to Minister
(1) This clause applies if Telstra has contravened, or is contravening, a final operational separation plan.
Draft rectification plan timing not specified
Draft rectification plan implies Minister involvement
Draft rectification plan is related to Minister
60(2) Draft rectification plan to be given to Minister
Minister may give Telstra a written direction requiring a draft rectification plan.
60(3) Draft rectification plan to be given to Minister
(3) Telstra must comply with the direction within 90 days after the day on which the direction was given.
Telstra must comply with the direction within 90 days
If the direction is given, then Telstra must comply with the direction within 90 days
The period of 90 days is a temporal interval during which Telstra must comply with the direction
If the Minister gives a direction, then Telstra must comply with the direction within 90 days
60(4) Draft rectification plan to be given to Minister
A direction under this clause is a legislative instrument.
61 Approval of draft by Minister
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.47
61(1) Approval of draft by Minister
Telstra must provide a draft rectification plan to the Minister.
61(2) Approval of draft by Minister
61(3) Approval of draft by Minister
The Minister must have regard to the following matters.
The Minister must consider certain matters when deciding to approve a plan.
Plan approval involves temporal consideration.
the Minister must have regard to the following matters:
The plan approval involves considering future actions.
61(4) Approval of draft by Minister
61(5) Approval of draft by Minister
61(6) Approval of draft by Minister
Minister must notify Telstra in writing of decision.
Temporal relation between notification and decision
(6) As soon as practicable after deciding whether to approve the plan,
61(7) Approval of draft by Minister
61(8) Approval of draft by Minister
44 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.48
Temporal relationship with the Legislative Instruments Act 2003
occurs during the legislative instruments for the purposes of the Legislative Instruments Act 2003.
Implication on the definition of a legislative instrument
implies that it is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Spread of the definition to other contexts
spreads to other contexts as a legislative instrument for the purposes of the Legislative Instruments Act 2003.
can be applied by artificial intelligence as a legislative instrument for the purposes of the Legislative Instruments Act 2003.
62 Effect of approval
62(1) Effect of approval
Plan becomes final upon approval and takes effect upon notification.
62(2) Effect of approval
(2) A final rectification plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
A final rectification plan is an instrument that must be made in accordance with the Act.
The plan must be made during the period in which the Act applies.
A final rectification plan is an instrument that must be made in accordance with the Act if and only if it meets certain criteria.
63 Variation of final rectification plan
63(1) Variation of final rectification plan
Variation of final rectification plan obligation
Obligation to provide variation of final rectification plan
(1) This clause applies if: (a) a final rectification plan is in force; and (b) the plan relates to a particular contravention; and (c) Telstra gives the Minister a draft variation of the plan.
Telstra must provide a draft variation of the plan
Variation of final rectification plan during specific period
(c) Telstra gives the Minister a draft variation of the plan.
The variation of the final rectification plan is given during this period
Variation of final rectification plan implies specific action by Minister
The Minister must take action based on this draft variation of the plan
Variation of final rectification plan diffuses to Minister
The information about the draft variation of the plan is diffused to the Minister
Variation of final rectification plan recognized by AI system
The AI system recognizes this draft variation of the plan
63(2) Variation of final rectification plan
Must approve or refuse variation of final rectification plan
63(3) Variation of final rectification plan
Minister must consider certain matters when deciding to approve a variation of the final rectification plan.
Minister must consider matters during the decision-making process.
(3) In deciding whether to approve the variation, the Minister must have regard to the following matters:
Minister must consider the specified matters in making a decision.
(a) the extent to which the action proposed to be taken by Telstra under the plan as proposed to be varied will be likely to ensure that...
Minister must take into account the specified matters.
63(4) Variation of final rectification plan
The Minister may have regard to matters beyond the scope of subclause (3).
63(5) Variation of final rectification plan
Minister must approve variation within 90 days or take action at end of period
Minister neither approves nor refuses to approve variation
Variation must be approved within 90 days after receipt of draft variation
The Minister received the draft variation
The variation must be approved within 90 days after receipt of draft variation
Minister's inaction implies failure to approve variation
Variation is a plan for operational separation of Telstra
The variation is a plan for operational separation of Telstra
63(6) Variation of final rectification plan
(6) As soon as practicable after deciding whether to approve the variation, the Minister must notify Telstra in writing of the decision.
63(7) Variation of final rectification plan
63(8) Variation of final rectification plan
Minister must approve variation to the final rectification plan.
63(9) Variation of final rectification plan
A determination under paragraph (3)(b) is a legislative instrument
A determination under paragraph (3)(b) is a legislative instrument during the period of the Legislative Instruments Act 2003
63(10) Variation of final rectification plan
A variation of a final rectification plan is not a legislative instrument.
(10) A variation of a final rectification plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
A variation of a final rectification plan is an obligation to comply with the Act.
It is forbidden to classify a variation of a final rectification plan as a legislative instrument.
If a variation of a final rectification plan is not classified as a legislative instrument, then it implies an obligation to comply with the Act.
64 Minister may direct Telstra to vary final rectification plan
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.49
64(1) Minister may direct Telstra to vary final rectification plan
Minister may direct Telstra to vary final rectification plan
64(2) Minister may direct Telstra to vary final rectification plan
Minister directs Telstra to prepare a draft variation of the plan within 60 days.
Minister has an obligation to direct Telstra.
64(3) Minister may direct Telstra to vary final rectification plan
65 Compliance with final rectification plan
Compliance with final rectification plan
46 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.50
66 Publication of final rectification plan
66(1) Publication of final rectification plan
Publish final rectification plan on Internet site
Temporal relationship between plan publication and Internet site availability
66(2) Publication of final rectification plan
Publish final rectification plan on Internet site after variation comes into force
8 At the end of Part XIB
151CP Operational separation for Telstra
151CP(1) Operational separation for Telstra
Telstra must comply with the final operational separation plan.
151CP(2) Operational separation for Telstra
Must have regard to conduct relevant to Telstra's functions or powers.
Obligation to consider conduct relevant to Telstra's functions or powers.
(2) In performing a function, or exercising a power, under this Part in relation to Telstra...
Temporal relationship between conduct and consideration.
Relevance of conduct to Telstra's functions or powers.
9 After section 152EP
152EQ Operational separation for Telstra
152EQ(1) Operational separation for Telstra
Telstra must comply with a final operational separation plan.
152EQ(2) Operational separation for Telstra
Must have regard to conduct relevant to the function or power under this Part in relation to Telstra.
The Commission must have regard to the conduct.
1 After subsection 152CPA(2)
Commission is not required to observe procedural fairness in making interim determination under certain conditions.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.51
Declared service is covered by a determination in force under section 152AQA or 152AQB.
Commission is not required to observe procedural fairness.
Subclass of determinations with consistent price-related terms and conditions
Price-related terms and conditions in interim determination are consistent with those in section 152AQA or 152AQB determination.
Interim determination is a subclass of determinations with consistent price-related terms and conditions.
Temporal interval during which procedural fairness is not required
Procedural fairness is not required during this temporal interval.
Temporal interval until which procedural fairness is not required
Procedural fairness is not required until this temporal interval ends.
Condition for exemption from procedural fairness
Exemption from procedural fairness applies if this condition is met.
Combination of conditions for exemption from procedural fairness
Exemption from procedural fairness applies if both conditions are met.
2 After subsection 152CPA(5)
Commission may extend interim determination period under certain conditions.
Commission has the power to extend interim determination period.
48 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.52
No procedural fairness requirement for granting extensions.
State obligation to grant extensions without procedural fairness
(5B) The Commission is not required to observe any requirements of procedural fairness...
3 At the end of section 152CPA
The Commission is not required to observe procedural fairness in relation to the variation under subsection (10) of an interim determination.
The Commission is not required to observe procedural fairness...
the declared service is covered by a determination in force under section 152AQA;
1 At the end of section 69
A direction under subsection (2) is not a legislative instrument.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.53
A direction under subsection (2) is a legislative instrument.
It is prohibited that a direction under subsection (2) is a legislative instrument.
It is not the case that a direction under subsection (2) is a right.
2 At the end of section 102
The direction is not a legislative instrument
3 At the end of section 121
Exempts legislative instruments from the Legislative Instruments Act 2003