Insert a benchmark set after a standard determined.
1 Paragraph 152BCCB(a)
10 Section 360A (definition of nominated service area)
Substitute 'made available' for 'published'
100 Paragraph 360P(8)(c)
101 Subparagraph 360P(8)(d)(ii)
Replace 'For publication, see' with 'See also'
102 Subsection 360P(8) (note)
103 Subsection 360P(9)
Imposes a duty on the publisher to use the correct term
104 Subsection 360P(9) (note)
Reference to Interpretation Act 1901 for variation and revocation
105 At the end of subsection 360P(10)
106 At the end of subsection 360P(11B)
Insert reasons for refusal after 'refusal'
107 Subparagraph 360P(12)(c)(i)
Omit “published”, substitute “made available”.
108 Paragraph 360Q(1)(b)
109 Subsection 360Q(1) (note)
Repeal definition of provisional interim NBN service area
11 Section 360A (definition of provisional interim NBN
110 Subsections 360Q(2) and (2A)
The Minister may determine conditions under which this section has effect as if certain areas were service areas.
110(2) Subsections 360Q(2) and (2A)
this section has effect as if certain areas were service areas during the specified period
The Minister determines conditions under which this section has effect as if certain areas were service areas.
this section has effect as if certain areas were service areas
The Minister may determine that a statutory infrastructure provider complies with its obligations.
110(2A) Subsections 360Q(2) and (2A)
subsection 33(3) of the Acts Interpretation Act 1901
Minister may determine conditions under which statutory infrastructure provider complies with obligations.
110(2B) Subsections 360Q(2) and (2A)
111 Before subsection 360Q(3)
112 At the end of subsection 360Q(4)
113 At the end of subsection 360Q(6)
Replace 'published' with 'made available'
114 Paragraph 360Q(9)(c)
115 Subparagraph 360Q(9)(d)(ii)
116 Subsection 360Q(9) (note)
Omit 'published', substitute 'made available'
117 Subsection 360Q(10)
118 Subsection 360Q(10) (note)
119 At the end of section 360Q
Statutory infrastructure provider must notify or refuse request within 10 business days.
119(11) At the end of section 360Q
Must provide notification or refusal within specified timeframe.
The Minister may specify a period for the purposes of subparagraph (11)(b)(ii).
119(12) At the end of section 360Q
Must provide written notice of refusal and reasons within 5 business days.
119(13) At the end of section 360Q
12 Section 360A (definition of provisional nominated service
Substitute 'person (the first person)' for 'carrier (the first carrier)'
120 Subsection 360R(1)
121 After paragraph 360R(1)(a)
122 Subsection 360R(2)
Substitute 'the first person will' for 'it will'
123 Subsection 360R(2)
Substitute 'the first person's' for 'its'
124 Subsection 360R(2)
125 Subsection 360R(2)
Add statutory infrastructure providers to customers of the first person.
126 At the end of paragraph 360R(2)(a)
Notice must be given at least 12 months before the first person can no longer fulfill their obligations.
127 Paragraph 360R(2)(b)
Notice must be in accordance with approved form
128 After subsection 360R(2)
129 Paragraph 360R(3)(b)
Definition of radiocommunications fixed voice call
13 Section 360A
carriage service is provided before radiocommunications fixed voice call
radiocommunications fixed voice call is provided using a carriage service
end-users have a duty to make and receive voice calls at premises occupied or used by the end-users
end-users must be able to make and receive voice calls at premises occupied or used by the end-users
statutory infrastructure providers have a duty to supply radiocommunications fixed voice call using a telecommunications network other than a fixed-line telecommunications network
statutory infrastructure providers must supply radiocommunications fixed voice call using a telecommunications network other than a fixed-line telecommunications network
carriage service is a superclass of radiocommunications fixed voice call
radiocommunications fixed voice call is a subclass of carriage service
telecommunications network is a superclass of radiocommunications fixed voice call
radiocommunications fixed voice call is a subclass of telecommunications network
customers are marketed before radiocommunications fixed voice call
radiocommunications fixed voice call is marketed to customers
Omit 'carrier' (second occurring) and substitute 'person (being a carrier or carriage service provider)'
130 Paragraph 360R(3)(b)
131 Subsection 360R(3)
Add customers of the first person to the list.
132 At the end of paragraph 360R(3)(c)
Adding entities to a set is an obligation.
Statutory infrastructure providers must give notice at least 90 days before ceasing to fulfill obligations.
133 Paragraph 360R(3)(d)
Statutory infrastructure providers must give notice.
134 At the end of section 360R
135 After section 360R
136 After Division 3 of Part 19
Insertion of clause in paragraph 360U(1)(a)
137 Paragraph 360U(1)(a)
References other instruments for variation and revocation
138 At the end of subsection 360U(1)
139 After subsection 360U(3A)
Designates a standard as a compensable standard for the purposes of this Part.
139(3B) After subsection 360U(3A)
Declares a specified number of days for the application of subsection 360VE(1) to a designated standard.
139(3C) After subsection 360U(3A)
Does not limit the power to make rules under subsection 360V(1)
139(3D) After subsection 360U(3A)
14 Section 360A (definition of request)
Reference to other instruments for variation and revocation
140 At the end of subsection 360U(6)
Omit “minimum”, substitute “performance”.
141 Subsection 360U(9) (heading)
142 At the end of section 360U
Not required to comply with a benchmark if it's inconsistent with an access agreement entered into before the benchmark's commencement.
142(10) At the end of section 360U
The benchmark's commencement overlaps with the agreement's entry.
(a) the agreement was entered into before the commencement of the benchmark; and (b) the agreement has not been varied after the commencement of the benchmark.
The statutory infrastructure provider recognizes the access agreement.
The statutory infrastructure provider is not required to comply with the benchmark.
The benchmark's variation spreads to the agreement.
The benchmark's repetition is tied to the agreement's variation.
complied with by statutory infrastructure providers
Minimum benchmarks for statutory infrastructure providers
142(11) At the end of section 360U
An instrument under subsection (11) may be of general application or may be limited as provided in the instrument.
142(12) At the end of section 360U
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901 by implication.
142(13) At the end of section 360U
Subsection (12) does not limit subsection 33(3A)
ACMA has power to make legislative instrument
142(14) At the end of section 360U
Must meet or exceed a minimum benchmark set by an instrument under subsection (11)
142(15) At the end of section 360U
Obligation to meet or exceed a minimum benchmark
142(16) At the end of section 360U
Benchmark's applicability is limited by the access agreement's duration
Benchmark's commencement is during the access agreement's validity
Access agreement was entered into before the benchmark's commencement
Statutory infrastructure provider is not required to comply
Exemption from compliance with a benchmark
Benchmark is inconsistent with an access agreement
Statutory infrastructure provider can choose not to comply with the benchmark
Statutory infrastructure provider has permission to deviate from the benchmark if it's inconsistent with an access agreement
Benchmark's applicability ends when the access agreement is varied after its commencement
Access agreement has not been varied after the benchmark's commencement
Terms and conditions for supply of eligible service to carriage service provider
143 After paragraph 360V(1)(a)
Identifies temporal interval for supply of eligible service
Supply of eligible service occurs at a specific time
Giving ACMA information or a report is an obligation.
144 At the end of subsection 360V(1)
Must provide ACMA information or a report.
Rules under subsection (1) may be of general application or may be limited.
145 After subsection 360V(1)
146 After subsection 360V(1A)
Rules under subsection (1) may declare a specified rule as a designated compensable rule.
146(1B) After subsection 360V(1A)
Defines relevant number of days for application of subsection 360VE(1)
146(1C) After subsection 360V(1A)
No implication on power to determine standards under subsection 360U(1)
146(1D) After subsection 360V(1A)
(1D) Subsection (1) does not, by implication, limit the power to determine standards under subsection 360U(1)
147 After Division 4 of Part 19
148 Division 5 of Part 19 (heading)
149 Section 360W (heading)
15 Section 360A (paragraph (a) of the definition of statutory
Omit 'publish', substitute 'make available'
150 Subsection 360W(1)
151 Subsection 360W(4)
Substitute 'Offer to be made available' for 'Publication of offer'
152 Section 360X (heading)
153 Subsection 360X(1)
154 Subsection 360X(4)
155 After Division 5 of Part 19
156 Before section 360XA
Determine compliance with Part Provide information or reports to ACMA on its website.
156(1) Before section 360XA
Audit must be known as a compliance audit. ACMA may provide Minister with copies of information or reports.
156(2) Before section 360XA
The audit must be known as a compliance audit.
Must provide explanatory material to statutory infrastructure providers. Must cooperate and provide assistance during compliance audit
156(3) Before section 360XA
The Minister may make rules for ACMA to comply with regarding information and reports. ACMA's powers and functions are not limited by this section.
156(4) Before section 360XA
Reference to Acts Interpretation Act 1901 for variation and revocation
157 At the end of subsection 360XA(1)
Inserts subsection 360V(1) or section 360XAA after 'limit'
158 Subsection 360XA(5)
159 At the end of subsection 360Y(3)
16 Section 360A (after paragraph (c) of the definition of
160 Paragraph 360Z(1)(c)
161 Paragraph 360Z(1)(c)
List of subsections for paragraph 360Z(1)(c)
162 At the end of paragraph 360Z(1)(c)
163 At the end of section 360Z
163(4) At the end of section 360Z
ACMA has an obligation to annotate or remove notice
163(5) At the end of section 360Z
164 Paragraph 360ZA(1)(a)
165 After paragraph 360ZA(1)(e)
Repeal subsections and substitute with Schedule 1 Statutory infrastructure providers
166 Subsections 360ZA(3) and (4)
167 After subsection 128(5)
The scheme may provide for the Telecommunications Industry Ombudsman to investigate and make determinations relating to complaints about the connection of premises to a qualifying telecommunications network.
167(5A) After subsection 128(5)
The Telecommunications Industry Ombudsman investigates complaints during the connection of premises to a qualifying telecommunications network.
(5A) The scheme may also provide for the Telecommunications Industry Ombudsman...
The scheme must provide for the Telecommunications Industry Ombudsman.
The scheme has an obligation to provide for the Telecommunications Industry Ombudsman.
The scheme has permission to provide for the Telecommunications Industry Ombudsman.
The scheme has an obligation to investigate complaints about the connection of premises to a qualifying telecommunications network.
The Telecommunications Industry Ombudsman makes determinations relating to complaints about the connection of premises to a qualifying telecommunications network during the connection.
Definitions for Telecommunications Act 1997
167(5B) After subsection 128(5)
Must provide information on statutory infrastructure provider
168 At the end of subsection 129(2)
169 At the end of subsection 130(3)
17 At the end of subsection 360AA(2)
Statutory infrastructure providers must be identified
170 At the end of subsection 131(3)
Must identify statutory infrastructure providers
Amendments apply to declarations made after commencement.
171 Application—declarations made under section 360H of
Amendments apply in relation to notices given after commencement.
172 Application—notices given under section 360HA of the
Amendment of subsection 360P(12) applies to requests made after commencement.
173 Application—requests mentioned in subsection 360P(1)
Continuity of a determination made under subsection 360LA(3) of the Telecommunications Act 1997
174 Transitional—determination made under
No effect on application of subsection 33(3A) of the Acts Interpretation Act 1901 to rules made under subsection 360V(1) of the Telecommunications Act 1997 before commencement.
175 Transitional—rules made under subsection 360V(1) of
18 At the end of Division 1 of Part 19
Repeal section and substitute with new provision
19 Section 360B
2 Paragraph 152BDCB(a)
20 Section 360C
Repeal Subdivision A of Division 2 of Part 19
21 Subdivision A of Division 2 of Part 19
Repeal a heading and substitute with a new one.
22 Subdivision B of Division 2 of Part 19 (heading)
Modify 'For the purposes of the application of this Part after the start of the designated day, the' to '(1) For the purposes of this Part, the'
23 Section 360F
Insertion of new sections for statutory infrastructure providers
24 After paragraph 360F(a)
Requires temporal intervals for conditional commencement
Specify notice area as pending if not included in nominated or designated service areas
25 At the end of section 360F
26 Section 360G
27 Subdivision C of Division 2 of Part 19 (heading)
Inserts section 360HB after this section.
28 Paragraph 360H(1)(a)
29 Paragraph 360H(2)(a)
Insert ', or a benchmark set,' after 'a standard determined'.
3 Subsection 152BEBH(1)
Carrier must not be statutory infrastructure provider for a service area that includes the project area.
30 After paragraph 360H(2)(a)
Obligation to not be statutory infrastructure provider
Carrier is statutory infrastructure provider for a service area that includes the project area.
The service area includes the project area.
The project area is part of the service area.
31 Paragraph 360H(2)(b)
Infrastructure is not backhaul infrastructure
32 After paragraph 360H(2)(b)
Insertion of 'or the part' after 'whole'
33 Paragraph 360H(2)(d)
34 At the end of subsection 360H(3)
section 33(3) of the Acts Interpretation Act 1901
35 At the end of subsection 360H(3A)
36 Paragraph 360H(4)(a)
Associate definition for control of facility or company
360AB Associate
...an associate of a person (the first person)...
(1) For the purposes of this Part, an associate...
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
360AC Control
360AD Control of a company
Determines the question of control of a company under Schedule 1 to the Broadcasting Services Act 1992.
360AD(1) Control of a company
Schedule 1 to the Broadcasting Services Act 1992
Definition of associate in section 360AB applies instead.
360AD(2) Control of a company
A person is in a position to exercise control of a facility if they own it or have significant influence over its operation.
360AE When a person is in a position to exercise control of a facility
Person is in a position to exercise control of the facility during that period.
Person exercises control of facility during a certain period.
Person is in a position to exercise control if they have control.
Person has control implies they are in a position to exercise control.
Person is in a position to exercise control of the facility.
Person owns facility or has significant influence over its operation.
Person's influence diffuses through the facility.
Person's influence spreads through the facility.
Statutory infrastructure providers for different types of service areas
360B Simplified outline of this Division
The notice must be given within a certain timeframe to determine the statutory infrastructure provider
Notice given by a carrier or carriage service provider determines the anticipated service area
The carrier or carriage service provider must provide services within the designated area
Carrier or carriage service providers are responsible for nominated and anticipated service areas
The carrier or carriage service provider is declared by the Minister as the statutory infrastructure provider
The Minister must provide information about the designated service area and its statutory infrastructure provider
Minister declares designated service areas and their statutory infrastructure providers
The Minister has the authority to declare designated service areas
NBN Co must provide services within the designated area
NBN Co is the statutory infrastructure provider for general service areas
NBN Co is declared as the statutory infrastructure provider for general service areas
360C Service area
360HB Nominated service area—declaration made by a carriage
A provisional nominated service area is a nominated service area if it is not part of a subsequent declaration or designated service area.
360HB(1) Nominated service area—declaration made by a carriage
Written instrument declaring the nominated service area.
Carriage service provider must declare a nominated service area within 20 business days after relevant time.
360HB(2) Nominated service area—declaration made by a carriage
Obligation to provide written instrument.
The Minister may specify conditions for the purposes of paragraph (2)(f).
360HB(3) Nominated service area—declaration made by a carriage
Exempt a specified real estate development project from subsection (2)
360HB(4) Nominated service area—declaration made by a carriage
(4) The Minister may, by legislative instrument...
Exempts determination under subsection 360Q(4) from paragraph (2)(d)
360HB(5) Nominated service area—declaration made by a carriage
Statutory infrastructure providers must declare a nominated service area.
360HB(6) Nominated service area—declaration made by a carriage
Carriage service provider must provide carriage services to end-users at premises in the whole or a part of the project area when using the facility.
360HC Nominated service area—anticipatory notice to be given to
Subclass of obligations related to real estate development projects.
360KA Anticipated service area
Area specified in an anticipatory notice given by a carriage service provider is an anticipated service area.
360KA(1) Anticipated service area
If a notice is in force under subsection 360HC(1) in relation to the whole or a part of the project area of a real estate development project, and the project involves the construction of one or more building units in the area specified in the notice.
360KA(2) Anticipated service area
Project involves construction of building units
Notice is in force under subsection 360HC(1)
360KB Statutory infrastructure provider for an anticipated service
Carrier is statutory infrastructure provider for anticipated service area if specified in notice.
360KB(1) Statutory infrastructure provider for an anticipated service
Notice given by carrier under subsection 360HA(1) relates to real estate development project.
(1) For the purposes of this Part, if: (a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project; and (b) the area is an anticipated service area; the carrier is the statutory infrastructure provider for the anticipated service area.
Carrier is statutory infrastructure provider.
(b) the area is an anticipated service area;
Area specified in notice is an anticipated service area if specified by carrier under subsection 360HA(1).
(a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project; and (b) the area is an anticipated service area;
Minister may declare exemption from subsection (1) for specified service area and carrier.
360KB(2) Statutory infrastructure provider for an anticipated service
Statutory infrastructure provider for an anticipated service area if specified in a notice.
360KB(3) Statutory infrastructure provider for an anticipated service
Declare specified anticipated service area and carriage service provider.
360KB(4) Statutory infrastructure provider for an anticipated service
360M Exempt real estate development projects
Exempt real estate development projects from subsection 360H(2) if certain conditions are met.
360M(1) Exempt real estate development projects
Telecommunications network infrastructure installed on or after 1 July 2020
360M(2) Exempt real estate development projects
Temporal interval of telecommunications network infrastructure installation
Building redevelopment project exemption from subsection 360H(4)
360N Exempt building redevelopment projects
Exempt building redevelopment projects from subsection 360H(4)
Telecommunications network infrastructure must be technically capable of supplying carriage services within the project area.
360NA Proximity to a project area
360RA Rules may impose additional notification obligations on a
Statutory infrastructure provider must comply with additional notification obligations.
360RA(1) Rules may impose additional notification obligations on a
Rules may impose additional notification obligations on a
360RA(2) Rules may impose additional notification obligations on a
360RA(3) Rules may impose additional notification obligations on a
360RA(4) Rules may impose additional notification obligations on a
360RA(5) Rules may impose additional notification obligations on a
Must comply with rules under subsection (1)
360RA(6) Rules may impose additional notification obligations on a
360RB Statutory infrastructure provider must have a website
360SA Notification obligations of carriage service provider
Notification obligations of carriage service provider
360SA(1) Notification obligations of carriage service provider
Carriage service provider must give written notice to end-users within 5 business days.
360SA(2) Notification obligations of carriage service provider
360SB Rules may impose additional notification obligations on a
Carriage service providers must comply with additional notification obligations.
360SB(1) Rules may impose additional notification obligations on a
360SB(2) Rules may impose additional notification obligations on a
360SB(3) Rules may impose additional notification obligations on a
360SB(4) Rules may impose additional notification obligations on a
No implication that subsection 33(3A) of the Acts Interpretation Act 1901 is limited.
360SB(5) Rules may impose additional notification obligations on a
360SB(6) Rules may impose additional notification obligations on a
Liability for contravention of designated compensable standard or rule
360VA Simplified outline
Statutory infrastructure provider has an obligation to pay damages for contravention of designated compensable standard or rule
Subsection 360U(1) and subsection 360V(1)
Customer has a permission to seek damages for contravention of designated compensable standard or rule
Statutory infrastructure provider undertakes to pay damages for contravention of designated compensable standard or rule
If statutory infrastructure provider contravenes designated compensable standard or rule, customer has a right to seek damages
Defines customer and damages for this Division.
360VB Definitions
Disregard section 360VB meaning in certain provisions
360VC Meaning of certain expressions
Damages for breach of a designated compensable standard
360VD Damages for breach of a designated compensable standard
Statutory infrastructure providers must comply with designated compensable standards
360VE Time for payment of damages
Statutory infrastructure provider must decide to accept liability within 14 days.
360VE(1) Time for payment of damages
Must consider reasonable basis for dispute of liability
360VE(2) Time for payment of damages
The statutory infrastructure provider must consider the reasonable basis for dispute of liability at the time of decision-making.
Temporal relation between decision-making and consideration of reasonable basis
(2) In making a decision under subsection (1)
The statutory infrastructure provider must represent the reasonable basis for dispute of liability in its knowledge base.
Knowledge representation of statutory infrastructure providers and their obligations
must have regard to whether there is any reasonable basis for the statutory infrastructure provider to dispute the liability.
Statutory infrastructure provider has an obligation to consider reasonable basis for dispute of liability
The statutory infrastructure provider must diffuse the consideration of the reasonable basis for dispute of liability.
Diffusive relation between decision-making and consideration of reasonable basis
The statutory infrastructure provider must consider the reasonable basis for dispute of liability in a recurring manner.
Recurring trace of consideration of reasonable basis
Statutory infrastructure provider must notify customer of decision within 14 weeks
360VE(3) Time for payment of damages
The statutory infrastructure provider must give the customer written notification of the decision within 14 weeks after the decision is made.
Statutory infrastructure provider must perform action
360VF Evidentiary certificate issued by the Telecommunications
Issue a written certificate stating a statutory infrastructure provider has contravened a designated standard or rule.
360VF(1) Evidentiary certificate issued by the Telecommunications
Obligation to issue a written certificate
Certificate is prima facie evidence in proceedings under this Division.
360VF(2) Evidentiary certificate issued by the Telecommunications
Certificate under subsection (1) is presented in proceedings.
Document purporting to be a certificate under subsection (1) must, unless the contrary is established, be taken to be a certificate and to have been properly given.
360VF(3) Evidentiary certificate issued by the Telecommunications
Consent required for conferral of powers
360VF(4) Evidentiary certificate issued by the Telecommunications
...unless the Telecommunications Industry Ombudsman...consenting to the conferral of...
Temporal interval relationship between subsections
Permission granted for conferral of powers
Subsection (1) has effect as if the reference to the ACMA.
360VF(5) Evidentiary certificate issued by the Telecommunications
Minister must publish notice on Department's website.
360VF(6) Evidentiary certificate issued by the Telecommunications
360VG Savings of other laws and remedies
360VG(1) Savings of other laws and remedies
(1) This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
360VG(2) Savings of other laws and remedies
Customer's right to complain to the Telecommunications Industry Ombudsman is unaffected.
360VG(3) Savings of other laws and remedies
Does not limit subsection (2) by implication.
360VG(4) Savings of other laws and remedies
The Minister may make rules prescribing matters required or permitted by this Division.
360VH Compensation rules
Rules are made by legislative instrument.
The Minister has the power to make rules.
The Minister is permitted to make rules.
The carrier must not be already the statutory infrastructure provider for a service area that includes the project area.
37 After paragraph 360H(4)(a)
The carrier must not be already the statutory infrastructure provider.
Insertion of phrase in building redevelopment project
38 Paragraph 360H(4)(b)
39 After paragraph 360H(4)(b)
Insert ‘, or a benchmark set’ after ‘a standard determined’.
4 Paragraph 152CBID(a)
Insertion of phrase in paragraph 360H(4)(d)
40 Paragraph 360H(4)(d)
41 At the end of subsection 360H(5)
42 At the end of subsection 360H(5A)
Insert '(the relevant area)' after 'area'
43 Paragraph 360H(6)(a)
The carrier must not be already the statutory infrastructure provider for a service area that consists of, or includes, the relevant area.
44 After paragraph 360H(6)(a)
The relevant area is a service area that consists of, or includes, the relevant area.
45 Paragraphs 360H(6)(b) and (d)
The infrastructure is not backhaul infrastructure.
46 After paragraph 360H(6)(d)
47 Subsection 360H(6)
Add statutory infrastructure providers to Schedule 1
48 At the end of subsection 360H(7)
49 Subsections 360H(8) and (9)
Carrier must make declaration available on website.
49(8) Subsections 360H(8) and (9)
Obligation to make declaration available
Carrier must provide declaration to ACMA within 10 business days.
49(9) Subsections 360H(8) and (9)
Carrier has a duty to provide declaration.
Substitute 'make available on its website' for 'publish'
5 Section 360
50 At the end of subsection 360H(11)
Prohibits insertion after 'revoked' without exception under subsection (12A)
51 Subsection 360H(12)
ACMA may revoke a declaration made under this section.
52 After subsection 360H(12)
53 Subsections 360H(14), (15), (16) and (17)
Carrier may vary declaration with ACMA approval
53(14) Subsections 360H(14), (15), (16) and (17)
ACMA may approve carrier variation of declaration under this section.
53(15) Subsections 360H(14), (15), (16) and (17)
Information and documents as specified under subsection (17)
Application under subsection (15) must be in writing and comply with ACMA-approved form.
53(16) Subsections 360H(14), (15), (16) and (17)
ACMA may specify information or documents accompanying an application under subsection (15)
53(17) Subsections 360H(14), (15), (16) and (17)
Carrier must provide variation to ACMA within 10 business days.
53(17A) Subsections 360H(14), (15), (16) and (17)
54 Subsection 360H(18) (heading)
A revocation under subsection (12A) is not a legislative instrument.
55 After subsection 360H(18)
56 Paragraph 360HA(1)(a)
Insertion of phrase in paragraph 360HA(1)(b)
57 Paragraph 360HA(1)(b)
Insert Schedule 1 Statutory infrastructure providers
58 After subparagraph 360HA(1)(c)(i)
Substitute time period in paragraph 360HA(1)(d)
59 Paragraph 360HA(1)(d)
Definitions for statutory infrastructure providers
6 Section 360A
60 Subparagraph 360HA(1)(c)(ii)
61 Paragraph 360HA(2)(a)
Insertion of phrase in paragraph 360HA(2)(c)
62 Paragraph 360HA(2)(c)
63 Subparagraph 360HA(2)(d)(ii)
64 Paragraph 360HA(3)(a)
65 Paragraph 360HA(3)(b)
Inserts date of contract entry into subparagraph 360HA(3)(c)(i)
66 After subparagraph 360HA(3)(c)(i)
67 Subparagraph 360HA(3)(c)(ii)
Substitute time period for business days
68 Paragraph 360HA(3)(d)
69 Paragraph 360HA(4)(a)
Repeal the definition of designated day.
7 Section 360A (definition of designated day)
70 Paragraph 360HA(4)(c)
Inserts date of contract entry into subparagraph 360HA(4)(d)(i)
71 After subparagraph 360HA(4)(d)(i)
72 Subparagraph 360HA(4)(d)(ii)
73 At the end of section 360HA
Carrier may vary notice with ACMA approval
73(5) At the end of section 360HA
ACMA may approve carrier variation of notice under section 360HA
73(6) At the end of section 360HA
Permission to approve carrier variation of notice
Information and documents as specified under subsection (8).
Application must be in writing and comply with ACMA-approved form.
73(7) At the end of section 360HA
ACMA may specify information or documents accompanying an application under subsection (6)
73(8) At the end of section 360HA
74 After section 360HA
Insertion of '(1)' before 'For the purposes of this Part'
75 Section 360J
76 At the end of section 360J
76(2) At the end of section 360J
Implies effect of subsections (3) and (4)
Minister may declare development area not a nominated service area.
76(3) At the end of section 360J
Minister may declare development areas not nominated service areas or vice versa.
76(4) At the end of section 360J
Cannot specify an area in a declaration without it being part of the development area.
76(5) At the end of section 360J
Add Schedule 1 Statutory infrastructure providers at the end of subsection 360K(2)
77 At the end of subsection 360K(2)
78 After subsection 360K(1)
Carriage service provider is statutory infrastructure provider for nominated service area.
78(1A) After subsection 360K(1)
the carriage service provider's declaration applies during the provisional nominated service area period.
Carriage service provider's declaration applies during provisional nominated service area period.
(a) an area is a provisional nominated service area because of a declaration made by a carriage service provider under section 360HB;
the carriage service provider is the statutory infrastructure provider for the nominated service area.
Carriage service provider is statutory infrastructure provider.
(b) the whole or a part of the provisional nominated service area is a nominated service area;
the carriage service provider's declaration applies to the nominated service area.
Carriage service provider's declaration applies to nominated service area.
Minister may declare exemptions or designations for nominated service areas.
78(1B) After subsection 360K(1)
Minister declares exemptions or designations.
Substitute subsection 360J(1) for section 360J.
79 Paragraph 360K(3)(b)
Repeal the definition of interim NBN service area.
8 Section 360A (definition of interim NBN service area)
80 At the end of subsection 360K(4)
Declare specified carrier as statutory infrastructure provider for nominated service area.
81 At the end of section 360K
82 After section 360K
Insertion of '(1)' before 'The Minister'
83 Section 360L
Insertion of 'or carriage service provider' after 'carrier'
84 Paragraph 360L(b)
Insert note for variation and revocation
85 Section 360L (before the note)
86 Section 360L (note)
87 At the end of section 360L
88 Paragraphs 360LA(1)(a) and (b)
Repeal paragraph and substitute with new subsections
89 Paragraph 360LA(1)(f)
9 Section 360A
Temporal interval applies to telecommunications services
Repeal and substitute paragraphs with new definitions.
90 Paragraphs 360LA(1)(g) and (h)
Insert subsections 360HC(1) and 360HC(2)
91 After paragraph 360LA(2)(d)
92 Paragraphs 360LA(2)(e) and (f)
ACMA may determine a coordinate system by legislative instrument.
93 After subsection 360LA(2)
94 At the end of subsection 360LA(3)
Commencement of determination does not affect prior declarations or notices.
95 At the end of section 360LA
96 At the end of Division 2 of Part 19
97 At the end of subsection 360P(3)
The Minister may determine conditions under which this section has effect as if a certain area were a service area.
98 After subsection 360P(3)
This section has effect as if Area were a service area
Conditions are satisfied during a certain time period
The conditions specified in the determination are satisfied
The Minister may determine conditions under which this section has effect
The Minister must determine conditions under which this section has effect
99 At the end of subsection 360P(5)
1 Section 7
2 After Subdivision B of Division 3 of Part 20A
Decision-making provisions for remedial notices
3 After paragraph 1(o) of Schedule 4
372JA Remedial notices
Remedial notice for contravention of designated civil penalty provision
372JA(1) Remedial notices
ACMA reasonably believes person contravened provision
Permission for ACMA to issue remedial notice
Person obligated to take corrective action
Obligation on person to take corrective action
Person contravened provision in circumstances making continuation likely
Person prohibited from continuing contravention
Prohibition on person from continuing contravention
Person likely to contravene provision if no action taken
Contravention likely to continue if no action taken
Continuation of contravention likely if no action taken
Require person to remedy contravention or prevent likely contravention
372JA(2) Remedial notices
Notice must be known as a remedial notice.
372JA(3) Remedial notices
A remedial notice must be known as a remedial notice.
372JB Contents of remedial notices
information about the provision being, has been, or is likely to be contravened
Remedial notice must state certain information about a potential contravention.
372JB(1) Contents of remedial notices
Directions concerning measures to remedy contravention or prevent likely contravention.
372JB(2) Contents of remedial notices
Measures to be taken during remedial notice.
(2) The remedial notice may include directions concerning the measures to be taken to:
Directions for operations causing contravention.
(c) remedy the things or operations causing the contravention or likely contravention.
Measures may lead to prevention of contravention.
(b) prevent the likely contravention from occurring;
The period for compliance with a remedial notice must be reasonable.
372JB(3) Contents of remedial notices
Temporal interval of a reasonable period
(3) The period stated for compliance with the remedial notice must be reasonable in all the circumstances.
The state must provide a reasonable period for compliance
Duty to provide a reasonable period for compliance
372JC Compliance with remedial notice
Compliance with remedial notice is mandatory.
372JC(1) Compliance with remedial notice
Prohibition on aiding, abetting, or conspiring to contravene subsection (1)
372JC(2) Compliance with remedial notice
372JC(3) Compliance with remedial notice
Prohibits breaches of civil penalty provisions
372JD Extension of time for compliance with remedial notices
Extension of compliance period for persons given remedial notices
372JD(1) Extension of time for compliance with remedial notices
Imposes a duty on the state to extend compliance period
ACMA may extend compliance period for remedial notice
372JD(2) Extension of time for compliance with remedial notices
Extension of time for compliance with remedial notices
372JD(3) Extension of time for compliance with remedial notices
Defines compliance period as the period stated in a remedial notice plus any extensions under this section.
372JD(4) Extension of time for compliance with remedial notices
372JE Variation of remedial notices
372JE(1) Variation of remedial notices
372JE(2) Variation of remedial notices
May extend compliance period for a remedial notice
372JE(3) Variation of remedial notices
372JF Revocation of remedial notices
Revocation of remedial notices upon reasonable belief that notice is no longer required.
372JF(1) Revocation of remedial notices
...the ACMA must, by written notice given to the person, revoke the notice.
Obligation to revoke notice upon reasonable belief.
ACMA has permission to revoke notice upon reasonable belief.
Revocation of notice implies obligation to do so.
Defines compliance period as the period stated in a remedial notice under section 372JB, including extensions under section 372JD.
372JF(2) Revocation of remedial notices
Compliance period = period stated in remedial notice + extended period
Includes the extended period in the compliance period.
(2) In this section, compliance period means the period stated in the remedial notice under section 372JB, and includes that period as extended under section 372JD.
Defines compliance period using a descriptive clause.
A remedial notice is not invalid due to formal defects or irregularities unless they cause substantial injustice.
372JG Formal irregularities or defects in remedial notices
The notice must be issued within a specific time frame
The law requires the issuance of notices in accordance with the law.
The notice is invalid if it does not meet the requirements.
The notice must be issued in accordance with the law.
Permission to issue a notice despite formal defects or irregularities
The law allows for the issuance of notices despite formal defects or irregularities.
A remedial notice is not invalid due to a failure to use the correct name if it sufficiently identifies the person.
Obligation to issue a valid notice despite failure to use the correct name
List of designated civil penalty provisions
372JH Designated civil penalty provision
Must disclose information to Secretary or APS employee upon request.
1 After subsection 59B(1)
Insertion of clause (1A) after clause (1)
2 Subsection 59B(3)
3 After section 59D
4 Section 59E
5 At the end of section 59E
Must disclose information published by ACMA
5(2) At the end of section 59E
Clarifies subsection (2) for avoidance of doubt
5(3) At the end of section 59E
59DA Disclosure of information that relates to the affairs of a
Disclosure of information that relates to the affairs of a carrier or carriage service provider is permitted.
59DA(1) Disclosure of information that relates to the affairs of a
Customer includes prospective customer for disclosure purposes.
59DA(10) Disclosure of information that relates to the affairs of a
Disclosure of summaries of authorised disclosure information
59DA(2) Disclosure of information that relates to the affairs of a
Authorised disclosure information relates to the affairs of a carrier or carriage service provider
Disclosure of statistics derived from authorized disclosure information
59DA(3) Disclosure of information that relates to the affairs of a
(3) An ACMA official authorised by the Chair, in writing...
Determine matters for disclosure purposes
59DA(4) Disclosure of information that relates to the affairs of a
Disclosure of carrier or carriage service provider identity is permitted.
59DA(5) Disclosure of information that relates to the affairs of a
Permission to disclose carrier or carriage service provider identity.
Does not limit disclosure under other provisions.
59DA(6) Disclosure of information that relates to the affairs of a
Disclosure of information that relates to the affairs of a carriage service is prohibited.
59DA(7) Disclosure of information that relates to the affairs of a
Information that relates to the affairs of a carriage service does not overlap with an end-user's affairs.
Discloses information that overlaps with an end-user's affairs.
Discloses information that is not relevant to an end-user's affairs.
Nothing in these subsections authorises the disclosure of anything that is likely to enable the identification of an end-user of a carriage service.
Prohibits disclosure of information that relates to the affairs of a carriage service.
Disclosure of information is permitted if published by ACMA
59DA(8) Disclosure of information that relates to the affairs of a
Clarifies subsection (8) for avoidance of doubt
59DA(9) Disclosure of information that relates to the affairs of a
6 Section 59F
7 At the end of section 59F
7(2) At the end of section 59F
7(3) At the end of section 59F
8 Section 59G
9 At the end of section 59G
Must disclose summaries or statistics published by ACMA
9(2) At the end of section 59G
9(3) At the end of section 59G
1 Section 8A
general Australian service area means the service area consisting of Australia.
service area has the meaning given by section 8C.
10 Paragraphs 12C(2)(a) and (b)
Substitute 'When' for 'Transitional: when'
11 Section 12D (heading)
Replace transitional phrase with a specific word
12 Subsection 12D(1)
Minister has an obligation to perform the task
Insertion of a limitation on the general Australian service area for certain service obligations.
13 Subsection 12D(1)
14 At the end of section 12D
Determination of primary universal service provider for a service area in respect of a service obligation.
14(4) At the end of section 12D
Imposes an obligation on the state to make a determination.
Minister can make determination about primary universal service provider
14(5) At the end of section 12D
Minister has permission to make determination
Exempts Minister from subsection (1) for certain determinations.
14(6) At the end of section 12D
(6) The following provisions have effect:
Exempts Minister from subsection (1) under certain conditions.
14(7) At the end of section 12D
(7) The following provisions have effect:
15 Paragraph 12E(1)(a)
16 Paragraph 12E(1)(b)
Insertion of phrase for a service area in Schedule 4
17 Subparagraphs 12E(2)(a)(i) and (ii)
18 Paragraph 12E(2)(b)
2 After section 8BA
Insertion of phrase for a service area before 'in respect of a service obligation'
3 Subsection 12A(1)
Insertion of 'for the same service area'
4 Paragraph 12A(2)(a)
Insertion of 'for one or more service areas' after 'provider'
5 Paragraph 12A(2)(b)
Ensure at all times each point in Australia is within a service area for which there is at least one primary universal service provider.
6 Subsection 12A(3)
7 Subsection 12C(1)
Insertion of phrase after 'that service obligation'
8 Subsection 12C(1)
8C Meaning of service area
9 Subsection 12C(2)
List of individuals authorized to issue infringement notices
1 Section 7 (at the end of the definition of authorised
10 Subsection 76A(5)
2 Subparagraph 87(3)(a)(iii)
Prohibition of contravention of civil penalty provision
3 After paragraph 570(3)(a)
Forbids contravention of civil penalty provision
4 After paragraph 570(3)(ab)
Repeal and substitute penalty units for contraventions of certain subsections.
5 Paragraph 570(4)(a)
572M Guidelines relating to infringement notices
Must consider relevant guidelines when exercising powers.
572M(1) Guidelines relating to infringement notices
Guidelines for infringement notices must be formulated by legislative instrument.
572M(2) Guidelines relating to infringement notices
Must not give an infringement notice unless guidelines are in force.
572M(3) Guidelines relating to infringement notices
(3) An authorised infringement notice officer...
572M(4) Guidelines relating to infringement notices
Have regard to any relevant guidelines in force under subsection (5).
Exercising a power conferred on the officer by this Part.
ACCC may formulate guidelines for infringement notices
572M(5) Guidelines relating to infringement notices
Must not give an infringement notice without guidelines in force.
572M(6) Guidelines relating to infringement notices
Repeal section and substitute with new schedule
6 Section 572M
Amendments of section 570 of the Telecommunications Act 1997 apply to contraventions of civil penalty provisions occurring after commencement.
7 Application—amendments of section 570 of the
Guidelines under subsection 572M(2) of the Telecommunications Act 1997 continue in force after commencement.
8 Saving—guidelines under subsection 572M(2) of the
Insertion of reference to Telecommunications Act 1997
9 Subsection 76A(5)
1 Short title
1 Section 1
1 June 2024
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the law relating to telecommunications, and for other purposes
Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024