1 Short title
Person in control of network must exercise control.
1 January 2011, but before the designated
Network taken to have come into existence on or after 1 January 2011, but before the designated commencement date.
1 January 2011, but before the designated commencement
10 Extension to external Territories
10(1) Extension to external Territories
The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.
10(2) Extension to external Territories
The operation of this Act is unaffected.
The operation of this Act is not affected by the amendments.
This Act operates in relation to Norfolk Island.
100 Exemptions from service provider rules
The Minister may determine exemptions from service provider rules.
100(1) Exemptions from service provider rules
100(2) Exemptions from service provider rules
Determination may be unconditional or subject to conditions.
100(3) Exemptions from service provider rules
Determination under this section has effect accordingly.
100(4) Exemptions from service provider rules
101 Service providers must comply with service provider rules
Service providers must comply with service provider rules.
101(1) Service providers must comply with service provider rules
Prohibits aiding, abetting, counseling, or procuring a contravention of subsection (1)
101(2) Service providers must comply with service provider rules
101(3) Service providers must comply with service provider rules
102 Remedial directions—breach of service provider rules
Service provider must comply with rules if contravening them.
102(1) Remedial directions—breach of service provider rules
Service provider has a duty to comply with rules.
Written direction requiring provider to take specified action.
102(2) Remedial directions—breach of service provider rules
Service provider must implement administrative systems and employee training.
102(3) Remedial directions—breach of service provider rules
Service provider must not contravene a direction under subsection (2).
102(4) Remedial directions—breach of service provider rules
Prohibition of contravening a direction.
(4) A service provider must not contravene a direction under subsection (2).
103 Formal warnings—breach of service provider rules
ACMA may issue a formal warning for breaching service provider rules.
103(1) Formal warnings—breach of service provider rules
ACMA has an obligation to issue formal warnings for breaching service provider rules.
Exempts certain sections from breach of service provider rules
103(1A) Formal warnings—breach of service provider rules
Exempts a rule from subsection (1) in relation to section 369.
103(2) Formal warnings—breach of service provider rules
Exempts a carriage service provider from certain obligations under the Competition and Consumer Act 2010.
103(3) Formal warnings—breach of service provider rules
The exemption applies to a specific temporal interval (the effective date of the rule set out in subsection 152BA(2)).
Subsection 152BA(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any standard access obligations that are applicable to the provider.
The exemption is represented as a knowledge representation within the Competition and Consumer Act 2010.
The rule set out in subsection 152BA(2) does not apply to this provision.
Provides an exemption from certain obligations.
Subsection 152BA(2) of the Competition and Consumer Act 2010
The exemption is intended to diffuse knowledge of the specific rule set out in subsection 152BA(2) among carriage service providers.
The exemption is recurring and applies to all carriage service providers within the specified temporal interval.
Exemption from subsection (1) for certain rule set
103(3A) Formal warnings—breach of service provider rules
Monitor and report on matters relating to carrier performance.
104 Simplified outline
105 Monitoring of performance—annual report
Annual report on monitoring of performance and compliance costs
105(5A) Monitoring of performance—annual report
Exempts Part 14 from certain amendments.
105(5B) Monitoring of performance—annual report
Publish annual report on website within 6 months after financial year end.
105(6) Monitoring of performance—annual report
105A Monitoring of performance—additional report
The ACMA must monitor and report on specified matters.
105A(1) Monitoring of performance—additional report
Report must be given to Minister within specified time or period
105A(2) Monitoring of performance—additional report
105A(3) Monitoring of performance—additional report
Comply with any requirement regarding report publication
105A(4) Monitoring of performance—additional report
105C Monitoring of breaches by a designated Telstra successor
The ACCC must monitor and report breaches by a designated Telstra successor company.
105C(1) Monitoring of breaches by a designated Telstra successor
Must provide report to Minister after end of financial year
105C(2) Monitoring of breaches by a designated Telstra successor
Temporal relation to end of financial year
Minister must table a report in each House of Parliament within 15 sitting days.
105C(3) Monitoring of breaches by a designated Telstra successor
Industry codes may be registered by ACMA.
106 Simplified outline
107 Industry codes
108 Industry standards
108A Electronic messaging service provider
Definition of electronic messaging service provider
108A(1) Electronic messaging service provider
The person is an electronic messaging service provider.
Service must be supplied to public if at least one end-user is outside the supplier's circle.
108A(2) Electronic messaging service provider
Supplier must supply service within a certain temporal interval.
Service is supplied to public if at least one end-user is outside the supplier's circle.
Supplier must use artificial intelligence to supply service to public.
Artificial intelligence for service provision
Supplier has an obligation to supply service to public.
Supplier must supply service to all end-users within a certain temporal interval.
108A(3) Electronic messaging service provider
Defines telecommunications industry for purposes of this Part.
108B Telecommunications industry
Defines telecommunications activity for regulatory purposes.
109 Telecommunications activity
109B Telemarketing activity
109B(1) Telemarketing activity
Telemarketing activity is defined as an activity to which subsection (2), (3) or (4) applies.
Telemarketing activities that do not meet the specified criteria are prohibited.
109B(2) Telemarketing activity
(2) This subsection applies to an activity that...
Telemarketing activity is prohibited if it involves marketing, advertising, or promoting goods or services without the supplier's consent.
109B(3) Telemarketing activity
Telemarketing calls are used to market, advertise, or promote goods or services.
The activity is prohibited if it involves marketing, advertising, or promoting goods or services.
Prohibition of telemarketing activity with descriptive clause
The activity is prohibited if it involves marketing, advertising, or promoting land or interests in land.
Prohibition of telemarketing activity with relation to land or interests in land
Telemarketing calls are used to market, advertise, or promote land or interests in land.
The activity is prohibited if it involves advertising or promoting a supplier or prospective supplier of goods or services.
Prohibition of telemarketing activity with relation to supplier or prospective supplier
Telemarketing calls are used to advertise or promote a supplier or prospective supplier of goods or services.
The activity is prohibited within the specified time frame.
Prohibition of telemarketing activity with temporal interval
109C Fax marketing activity
109C(1) Fax marketing activity
Prohibits certain marketing activities using fax marketing.
109C(2) Fax marketing activity
109C(3) Fax marketing activity
11 Extension to offshore areas
This Act applies in relation to the offshore areas of each of the States and eligible Territories.
11(1) Extension to offshore areas
Application of the Act in offshore areas is limited to specific activities.
11(2) Extension to offshore areas
Application of Act in offshore areas extends to acts done by persons related to exploration or exploitation of continental shelf resources.
11(3) Extension to offshore areas
...in relation to all acts done by or in relation to, and all matters...
Temporal relation to offshore activities
(3) The application of this Act in accordance with subsection (1)...
...in relation to all acts done by or in relation to...
No implication that subsection (3) limits subsection (2).
11(4) Extension to offshore areas
11(5) Extension to offshore areas
110 Sections of the telecommunications industry
Definition of telecommunications industry sections
110(1) Sections of the telecommunications industry
Defines sections of the telecommunications industry
110(2) Sections of the telecommunications industry
ACMA may determine telecommunications activity sections
110(3) Sections of the telecommunications industry
Unique name and/or number must be assigned to a section
110(4) Sections of the telecommunications industry
A determination under subsection (3) has effect accordingly.
110(5) Sections of the telecommunications industry
(5) A determination under subsection (3) has effect accordingly.
Telecommunications industry sections can be aggregated or subsetted.
110(6) Sections of the telecommunications industry
Does not limit subsection (3) by implication.
110(7) Sections of the telecommunications industry
110(8) Sections of the telecommunications industry
Determination must be published in Gazette
110B Sections of the telemarketing industry
Definition of sections in the telemarketing industry
110B(1) Sections of the telemarketing industry
All persons carrying on telemarketing activities constitute a single section of the telemarketing industry.
110B(2) Sections of the telemarketing industry
Determine specified telemarketing activities as a section of the industry
110B(3) Sections of the telemarketing industry
Unique name and/or number must be identified in the determination.
110B(4) Sections of the telemarketing industry
Must identify unique name and/or number.
110B(5) Sections of the telemarketing industry
Temporal relationship between a determination and its effect
(5) A determination under subsection (3)
Sections of the telemarketing industry need not be mutually exclusive.
110B(6) Sections of the telemarketing industry
No implication that subsection (3) is limited by subsection (6).
110B(7) Sections of the telemarketing industry
110C Sections of the fax marketing industry
Definition of sections in the fax marketing industry
110C(1) Sections of the fax marketing industry
All persons carrying on fax marketing activities must be considered part of the single section for the purposes of this Part.
110C(2) Sections of the fax marketing industry
There is no specified temporal relation between the classification of fax marketing activities and other sections.
The text does not specify a temporal relation between the classification of fax marketing activities and other sections.
There is no specified cognitive AI application for the classification of fax marketing activities.
The text does not specify a cognitive AI application for the classification of fax marketing activities.
There is an obligation to classify fax marketing activities correctly.
The text classifies fax marketing activities as part of the single section.
There is no specified diffusion of responsibility for the classification of fax marketing activities.
The text does not specify a diffusion of responsibility for the classification of fax marketing activities.
There is no specified recurring trace for the classification of fax marketing activities.
The text does not specify a recurring trace for the classification of fax marketing activities.
Determine specified fax marketing activities as a section of the industry
110C(3) Sections of the fax marketing industry
110C(4) Sections of the fax marketing industry
110C(5) Sections of the fax marketing industry
Definitions of fax marketing industry sections are not mutually exclusive.
110C(6) Sections of the fax marketing industry
110C(7) Sections of the fax marketing industry
A person is a participant in a section of the telecommunications industry if they are a member of that group.
111 Participants in a section of the telecommunications industry
Membership is a necessary condition for participation.
A person is a participant in a section of the telemarketing industry if they are a member of that group.
111AA Participants in a section of the telemarketing industry
Person participates in the section during that time
Temporal relationship between membership and participation
Person is a member of the group at some point
A person is a participant in a section of the fax marketing industry if they are a member of that group.
111AB Participants in a section of the fax marketing industry
111B Unsolicited commercial electronic messages
Sending unsolicited commercial electronic messages without consent is prohibited.
111B(1) Unsolicited commercial electronic messages
Defines temporal interval for sending messages.
(1) For the purposes of this Part, an unsolicited commercial electronic message is a commercial electronic message that is sent:
Prohibits sending unsolicited commercial electronic messages.
Defines temporal trace for sending messages.
Definition of expression used in this section and the Spam Act 2003
111B(2) Unsolicited commercial electronic messages
112 Statement of regulatory policy
Parliament intends that industry bodies develop codes for the telecommunications industry.
112(1) Statement of regulatory policy
Bodies or associations must develop industry codes.
112(1B) Statement of regulatory policy
112(1C) Statement of regulatory policy
ACMA must act in a manner that addresses public interest considerations without imposing undue burdens on industry participants.
112(2) Statement of regulatory policy
ACMA must act in a way that enables public interest considerations.
Obligation to act in a manner that addresses public interest considerations.
ACMA has powers under sections 117-125B.
ACMA must consider public interest when determining burdens on telecommunications industry participants.
112(3) Statement of regulatory policy
ACMA's consideration of public interest overlaps with the code or standard concerned.
(3) In determining whether public interest considerations are being addressed...
ACMA's consideration of public interest implies a duty to consider the benefits of the code or standard.
ACMA's consideration of public interest is an inference from the code or standard concerned.
ACMA has an obligation to consider public interest.
ACMA's consideration of public interest diffuses the burden on telecommunications industry participants.
113 Examples of matters that may be dealt with by industry codes
Industry codes and standards may deal with certain matters.
113(1) Examples of matters that may be dealt with by industry codes
113(2) Examples of matters that may be dealt with by industry codes
Industry codes must provide customers with certain information.
113(3) Examples of matters that may be dealt with by industry codes
114 Industry codes and industry standards may confer powers on
Granting functions and powers to the Telecommunications Industry Ombudsman with consent.
114(1) Industry codes and industry standards may confer powers on
The consent of the Telecommunications Industry Ombudsman is a necessary condition for the industry code or standard to confer powers.
(1) If the Telecommunications Industry Ombudsman consents, an industry code or industry standard may confer functions and powers on the Telecommunications Industry Ombudsman.
Grants permission to the Telecommunications Industry Ombudsman.
Authorizes the Telecommunications Industry Ombudsman to act with the consent of an industry code or standard.
The consent of the Telecommunications Industry Ombudsman is a necessary condition for the industry code or standard to confer powers through it.
The consent of the Telecommunications Industry Ombudsman is a necessary condition for the industry code or standard to confer powers until it is revoked.
Continuity of consent not affected by changes in Telecommunications Industry Ombudsman position.
114(2) Industry codes and industry standards may confer powers on
115 Industry codes and industry standards not to deal with certain
Industry codes and industry standards do not require particular design features or performance requirements.
115(1) Industry codes and industry standards not to deal with certain
Exemptions from industry code or standard compliance
115(2) Industry codes and industry standards not to deal with certain
Exemption from industry code/standard application for certain matters
115(3) Industry codes and industry standards not to deal with certain
Exemption from industry code restrictions for certain Division 2AA of Part V of the Copyright Act 1968 codes
115(4) Industry codes and industry standards not to deal with certain
Industry code restrictions do not apply to certain exemptions
The rule in subsection (1) does not apply
Exemptions for optical fibre lines and facilities
115(5) Industry codes and industry standards not to deal with certain
Prohibits requiring optical fibre lines or facilities
Compliance with industry code or standard
Industry codes and industry standards do not deal with matters related to content services.
116 Industry codes and industry standards not to deal with matters
Industry codes and standards do not affect Privacy Act 1988
116A Industry codes and standards do not affect Privacy Act 1988
Body or association must develop and submit industry code to ACMA for review.
117 Registration of industry codes
The body or association represents a particular section of the industry.
118 ACMA may request codes
119 Publication of notice where no body or association represents a
Publish notice if industry not represented by a body or association
119(1) Publication of notice where no body or association represents a
The period specified in a notice must run for at least 60 days.
119(2) Publication of notice where no body or association represents a
The period specified in a notice meets the temporal interval of 60 days.
Temporal relationship between the period and 60 days
(2) The period specified in a notice under subsection (1) must run for at least 60 days.
The CogAI applies to notices under subsection (1).
Applicability to notices under subsection (1)
The diffusion of the obligation applies to notices under subsection (1).
ACMA must be satisfied that certain conditions are met before giving draft variation to ACMA.
119A Variation of industry codes
Draft variation >= Published on website and invited public to make submissions within a specified period.
Draft variation must be published on website and invited public to make submissions within a specified period.
The body or association gave consideration to any submissions that were received from participants in that section of the industry within that period.
ACMA must satisfy conditions before giving draft variation.
ACMA must comply with publication requirements for submissions.
ACMA must be satisfied that draft variation provides appropriate community safeguards.
The code (as proposed to be varied) deals with the matters covered by the code (as proposed to be varied) in an appropriate manner.
ACMA must be satisfied that draft variation deals with matters of substantial relevance to the community.
The code (as proposed to be varied) provides appropriate community safeguards for the matters covered by the code (as proposed to be varied).
119B Publication requirements for submissions
Publication requirements for submissions
119B(1) Publication requirements for submissions
Must publish submissions on its website.
119B(2) Publication requirements for submissions
Chapter 2 of the Criminal Code applies to all offences against this Act.
11A Application of the Criminal Code
12 Act subject to Radiocommunications Act
12(1) Act subject to Radiocommunications Act
Prohibits doing something under a licence unless prohibited by this Act.
12(2) Act subject to Radiocommunications Act
the person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.
Defines a temporal interval during which an action is permitted.
the person is prohibited by or under this Act from doing it.
the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it.
the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.
Defines a temporal interval until which an action is permitted.
Changes to an industry code may be achieved by replacing the code instead of varying it.
120 Replacement of industry codes
121 Directions about compliance with industry codes
Directs a person to comply with an industry code if they have contravened or are contravening it.
121(1) Directions about compliance with industry codes
The person must comply with the industry code during the period when they have contravened or are contravening it.
Directs compliance with an industry code during the period when the person has contravened or is contravening it.
(a) a person is a participant in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and (b) the ACMA is satisfied that the person has contravened or is contravening an industry code;
The person must comply with the industry code.
Directs a person to comply with an industry code.
The ACMA is satisfied that the person has contravened or is contravening an industry code.
The ACMA may, by written notice given to the person, direct the person to comply with the industry code.
Gives permission to the ACMA to direct a person to comply with an industry code if they have contravened or are contravening it.
The ACMA is satisfied that the person has contravened or is contravening an industry code;
ACMA must consult Information Commissioner before giving direction.
121(1A) Directions about compliance with industry codes
Person may be given a direction under subsection (1) in respect of the replacement code during the period when the replacement code is registered.
121(1B) Directions about compliance with industry codes
Permission to give direction under subsection (1)
Compliance with industry codes is mandatory.
121(2) Directions about compliance with industry codes
Prohibition on aiding, abetting, or conspiring to contravene subsection (2)
121(3) Directions about compliance with industry codes
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (2);
(c) be in any way, directly or indirectly, knowingly concerned in, nor party to, a contravention of subsection (2);
(d) conspire with others to effect a contravention of subsection (2);
Directions about compliance with industry codes
121(4) Directions about compliance with industry codes
A direction under subsection (1) is not a legislative instrument.
121(5) Directions about compliance with industry codes
122 Formal warnings—breach of industry codes
Applicable to participants in specific industries
122(1) Formal warnings—breach of industry codes
Therefore, this section applies from January 1st, 2024.
Temporal applicability starts at section commencement
Therefore, warning is an AI-generated entity.
Formal warning is generated by the system.
Therefore, person is subject to this section.
Participant status is a condition for applicability
Person is a participant in the industry.
Therefore, warning is a type of formal warning.
Therefore, this section applies until December 31st, 2026.
Temporal applicability ends at section repeal
Section is repealed on December 31st, 2026.
ACMA may issue a formal warning for breaching industry codes.
122(2) Formal warnings—breach of industry codes
Issuance of a formal warning is an obligation.
Consult Information Commissioner before issuing warning for breach of industry code related to Australian Privacy Principles or APP code.
122(3) Formal warnings—breach of industry codes
(3) If the ACMA is satisfied that the contravention of the industry code relates directly or indirectly to a matter dealt with by the Australian Privacy Principles or by a registered APP code (within the meaning of the Privacy Act 1988), the ACMA must consult the Information Commissioner before issuing the warning.
Artificial intelligence for consultation
Obligation to consult Information Commissioner
Formal warnings for breach of industry codes
122(4) Formal warnings—breach of industry codes
122A De-registering industry codes and provisions of industry codes
ACMA may remove industry codes from the Register.
122A(1) De-registering industry codes and provisions of industry codes
Industry code ceases to be registered when removed from the Register.
122A(2) De-registering industry codes and provisions of industry codes
An industry code ceases to be registered.
(2) An industry code ceases to be registered...
If ACMA removes a provision from the Register, this Part has effect in relation to things occurring after the removal.
122A(3) De-registering industry codes and provisions of industry codes
This Part has effect in relation to things occurring after the removal.
ACMA removes a provision from the Register
123 ACMA may determine an industry standard if a request for an
ACMA must determine an industry standard if certain conditions are met.
123(1) ACMA may determine an industry standard if a request for an
ACMA may determine an industry standard if a request for an industry standard is made.
123(2) ACMA may determine an industry standard if a request for an
124 ACMA may determine industry standard where no industry
ACMA may determine industry standard where no industry body or association exists.
124(1) ACMA may determine industry standard where no industry
ACMA has the obligation to determine an industry standard.
ACMA may determine industry standard where no industry standard exists.
124(2) ACMA may determine industry standard where no industry
125 ACMA may determine industry standards where industry codes
ACMA may determine industry standards where industry codes are deficient.
125(1) ACMA may determine industry standards where industry codes
The period specified in a notice must run for at least 30 days.
125(2) ACMA may determine industry standards where industry codes
ACMA may determine industry standards where industry codes
125(3) ACMA may determine industry standards where industry codes
ACMA must consult a body or association before determining an industry standard.
125(4) ACMA may determine industry standards where industry codes
Industry code ceases registration on industry standard commencement
125(6) ACMA may determine industry standards where industry codes
ACMA must determine industry standards for telemarketing before a certain date.
125A ACMA must determine certain industry standards relating to
125AA ACMA must determine an industry standard if directed by
ACMA must determine an industry standard if directed by
125AA(1) ACMA must determine an industry standard if directed by
Industry standard must be known by a specific name
125AA(2) ACMA must determine an industry standard if directed by
Must provide industry standard with a specific name
ACMA must consult a body or association before determining a standard.
125AA(3) ACMA must determine an industry standard if directed by
The Minister may direct ACMA to determine a standard within a specified period.
125AA(4) ACMA must determine an industry standard if directed by
The Minister may direct ACMA to determine a standard.
ACMA must not determine a standard unless directed by subsection (4)
125AA(5) ACMA must determine an industry standard if directed by
...unless it does so in accordance with a direction under subsection (4)
Temporal interval for ACMA's determination process
The ACMA must not determine a standard...
...it does so in accordance with a direction under subsection (4)
Implication of ACMA's determination process on standards
ACMA must not determine a standard unless...
Knowledge representation of ACMA's determination process
Prohibition of determining a standard without direction
Propagation of ACMA's determination process through standards
125B ACMA must determine certain industry standards relating to
ACMA must determine certain industry standards relating to fax marketing activities.
125B(1) ACMA must determine certain industry standards relating to
125B(2) ACMA must determine certain industry standards relating to
125B(3) ACMA must determine certain industry standards relating to
Ensure standard is in force after commencement
125B(4) ACMA must determine certain industry standards relating to
Must determine industry standards relating to marketing fax
125B(5) ACMA must determine certain industry standards relating to
ACMA must determine industry standards relating to marketing fax
ACMA cannot determine industry standards for certain privacy matters.
126 Industry standards not to be determined for certain privacy
Prohibition of determining industry standards
Industry standard registration obligation
128 Compliance with industry standards
129 Formal warnings—breach of industry standards
Participant in a particular section of the telecommunications industry, telemarketing industry or fax marketing industry must comply with formal warnings.
129(1) Formal warnings—breach of industry standards
This section applies to a person who is a participant in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry.
Participant in a particular section of the telecommunications industry, telemarketing industry or fax marketing industry.
During formal warnings, must comply with formal warnings.
ACMA may issue a formal warning for breaching industry standards.
129(2) Formal warnings—breach of industry standards
Continuity of partnerships is not affected by changes in composition.
13 Continuity of partnerships
130 Variation of industry standards
if it is necessary or convenient to do so
131 Revocation of industry standards
131(1) Revocation of industry standards
Revocation of industry standards when a code replaces an industry standard.
131(2) Revocation of industry standards
the industry standard is revoked when the code is registered.
Prohibition of industry standards when a code replaces an industry standard.
(2) If: (a) an industry code is registered under this Part; and (b) the code is expressed to replace an industry standard;
Notice and draft of the industry standard or variation, written comments to ACMA.
Public consultation on industry standards before determining or varying an industry standard.
132 Public consultation on industry standards
133 Consultation with ACCC and the Telecommunications Industry
Consultation with ACCC and the Telecommunications Industry before determining or varying an industry standard.
133(1) Consultation with ACCC and the Telecommunications Industry
Duty to consult ACCC and the Telecommunications Industry
133(1A) Consultation with ACCC and the Telecommunications Industry
The ACMA must consult the Telecommunications Industry Ombudsman.
ACMA must consult the Telecommunications Industry Ombudsman.
Consultation with ACCC and the Telecommunications Industry Ombudsman before revoking an industry standard.
133(2) Consultation with ACCC and the Telecommunications Industry
Consultation with ACCC and the Telecommunications Industry Ombudsman must occur before revocation
Before revoking an industry standard under subsection 131(1)
Revoking an industry standard under subsection 131(1) is implied by consultation
ACMA must consult the ACCC and the Telecommunications Industry Ombudsman.
Consultation with ACCC and the Telecommunications Industry Ombudsman is an artificial intelligence application
Consultation with ACCC and the Telecommunications Industry Ombudsman is a diffusion of information
134 Consultation with Information Commissioner
Consultation with Information Commissioner required for industry standards dealing with privacy matters.
134(1) Consultation with Information Commissioner
Consultation with Information Commissioner before determining or varying industry standard.
134(2) Consultation with Information Commissioner
Duty to consult Information Commissioner
Consultation with Information Commissioner before revoking industry standard
134(3) Consultation with Information Commissioner
ACMA must consult Information Commissioner
135 Consultation with consumer body
Consultation with consumer body before determining or varying an industry standard.
135(1) Consultation with consumer body
Consultation with consumer body before revoking industry standard
135(2) Consultation with consumer body
Consultation with States and Territories before determining or varying an industry standard
135A Consultation with the States and Territories
Consultation period is a necessary condition for industry standard determination or variation
ACMA must consult States and Territories within a certain time frame
Industry standard determination or variation without consultation may lead to unintended consequences
ACMA's decision is influenced by consultation with States and Territories
AI system's decision is influenced by consultation with States and Territories
Artificial intelligence application of consultation requirements
ACMA's AI system must consult States and Territories before determining or varying an industry standard
Industry standard determination or variation is prohibited without consultation
ACMA must consult States and Territories
Industry standard determination or variation without consultation may spread to other sectors
Propagation of consultation requirements
Consultation with States and Territories is necessary for industry standard determination or variation in a particular sector
136 ACMA to maintain Register of industry codes and industry
ACMA must maintain a Register of industry codes and standards.
136(1) ACMA to maintain Register of industry codes and industry
Register of industry codes and standards.
ACMA must not include removed industry codes in the Register.
136(1A) ACMA to maintain Register of industry codes and industry
ACMA must not include removed industry codes.
Register must be maintained by electronic means.
136(2) ACMA to maintain Register of industry codes and industry
Classification of industry codes and industries.
Allow inspection and copying of Register
136(3) ACMA to maintain Register of industry codes and industry
Grant permission to inspect and copy Register
A person must make a copy of or take an extract from the Register if ACMA provides a printout.
136(4) ACMA to maintain Register of industry codes and industry
A person must make a copy of or take an extract from the Register.
Must make a copy or take an extract from the Register.
A person is taken to have made a copy of or taken an extract from the Register if ACMA gives the person a printout.
The Register is maintained by electronic means.
Provide copy in electronic form on request
136(5) ACMA to maintain Register of industry codes and industry
136A Application for eligibility for reimbursement of costs of
Body or association may apply for reimbursement of costs incurred in developing industry code.
136A(1) Application for eligibility for reimbursement of costs of
estimate of total refundable costs, statement breaking down estimate into categories
Application must be in writing and accompanied by estimate of refundable costs.
136A(2) Application for eligibility for reimbursement of costs of
ACMA must make declaration if certain conditions met
136B Declaration of eligibility for reimbursement of costs of
written statement, written claim, written declaration, and process description
Reimbursement of costs for developing or varying consumer-related industry codes
136C Reimbursement of costs of developing or varying
costs incurred within the temporal interval are refundable
Temporal interval for reimbursement of costs
section 136B declaration was in force when costs were incurred
Reimbursement obligation for developing or varying consumer-related industry codes
section 136B declaration was made in relation to the development of an industry code
body or association must provide written statement and claim
Reimbursement obligation for body or association to provide written statement and claim
copy of code was accompanied by a written statement itemising costs incurred
Reimbursement obligation for ACMA to verify process description
copy of code was accompanied by a written declaration describing the process for development of the code
Reimbursement obligation for ACMA to reimburse costs
section 136B declaration was in force when costs were incurred and each cost is refundable
Body or association must pay reasonable costs in transactions not at arm's length.
136D Costs—transactions between persons not at arm’s length
136E Refundable cost
A refundable cost incurred by a body or association in developing or varying a code is a cost incurred by the body or association in developing the code or varying the code, as the case may be.
136E(1) Refundable cost
A determination under subsection (1) is a legislative instrument.
136E(2) Refundable cost
Protection from civil proceedings against internet service providers and electronic messaging service providers.
137 Protection from civil proceedings
Prohibits civil proceedings against internet service providers and electronic messaging service providers.
Exemption from Part 1 for constitutional doctrine of implied freedom of political communication.
138 Implied freedom of political communication
139 Agreements for the carrying on of telemarketing activities or fax
Prohibition on entering into contracts or arrangements that require another person to carry out telemarketing activities without compliance with Part 139.
139(1) Agreements for the carrying on of telemarketing activities or fax
...if: (a) under the contract, arrangement or understanding, the other person undertakes to carry on one or more telemarketing activities or fax marketing activities;
The provision has a temporal interval that defines when the prohibition applies.
(1) A person (the first person) must not enter into a contract or arrangement...
The provision has an argumentative structure that implies prohibition.
Prohibition of entering into contracts or arrangements that require another person to carry out telemarketing activities without compliance with Part 139.
The provision has a recurring trace that applies everywhere.
A person must not aid, abet, counsel or procure a contravention of subsection (1)
139(2) Agreements for the carrying on of telemarketing activities or fax
139(3) Agreements for the carrying on of telemarketing activities or fax
No effect on contract validity if subsection (1) not complied with.
139(4) Agreements for the carrying on of telemarketing activities or fax
A failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.
If failure to comply with subsection (1) does not affect contract validity, then subsection (1) must be complied with.
If failure to comply affects contract validity, then subsection (1) must be complied with.
Failure to comply with subsection (1) does not affect the validity of any contract, arrangement or understanding.
14 Controlled carriage services, controlled networks and controlled
Definition of controlled carriage service
14(1) Controlled carriage services, controlled networks and controlled
Network is a controlled network if it satisfies the geographical test.
14(2) Controlled carriage services, controlled networks and controlled
(a) Carrier or carriage service provider operates a telecommunications network; (b) Network satisfies the geographical test.
Facility is a controlled facility if it satisfies the geographical test.
14(3) Controlled carriage services, controlled networks and controlled
Telecommunications network or facility must be located in Australia or meet specific conditions to satisfy the geographical test.
14(4) Controlled carriage services, controlled networks and controlled
Network or facility must be in use during a specific period
(ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications-related business wholly or partly in Australia; (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service
Network or facility must satisfy the geographical test
a telecommunications network, or a facility, satisfies the geographical test if...
Person or group must operate the network or facility
a person, or a group of persons, operates the network or facility, as the case requires;
Person or group must carry on telecommunications-related business in Australia
(ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications-related business wholly or partly in Australia;
Defines telecommunications-related business
14(5) Controlled carriage services, controlled networks and controlled
Controller of local access line must not supply eligible service to person other than carrier or service provider.
142 Simplified outline of this Part
came into existence on or after designated commencement date
Line came into existence on or after designated commencement date.
line came into existence, or was upgraded, on or after designated commencement date
Prohibition of supplying eligible service to person other than carrier or service provider.
has permission to use line for other purposes
Controller of local access line has permission to use line for other purposes.
no functional separation undertaking is in force
is used to supply superfast carriage service
Line is used to supply superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia.
line is used, or is proposed to be used, to supply superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia
Definitions for telecommunications network and line terms
142A Definitions
alter, associate, business unit, close proximity, corporation, customer interface, declared service, designated carriage service, designated commencement date, electricity supply body, eligible service, fixed-line carriage service
Defines functional separation undertaking given by a person.
142B Functional separation undertaking given by a person
Promotes long-term interests of end-users of carriage services
142BA Promotion of the long-term interests of end-users of carriage
same manner as it is determined for the purposes of Part XIC
Classifies things promoting long-term interests
Part XIC of the Competition and Consumer Act 2010
Treats notional contracts as actual contracts for terms and conditions
142BB Terms and conditions
Determine unsatisfactory compliance record based on breaches of functional separation undertakings and contraventions of specified sections.
142BC Unsatisfactory compliance record
142BD Designated carriage service
Definition of designated carriage service
142BD(1) Designated carriage service
Specify carriage service for purposes of paragraph (1)(a)
142BD(2) Designated carriage service
The ACCC must not specify a carriage service unless it enables end-users to download communications and has a normal transmission speed of 25 megabits per second or more.
142BD(3) Designated carriage service
unless: (a) the carriage service enables end-users to download communications; and (b) the download transmission speed of the carriage service is normally 25 megabits per second or more;
Temporal interval for specifying a carriage service.
(3) The ACCC must not specify a carriage service under subsection (2)
Prohibition of specifying a carriage service without enabling end-users to download communications.
Obligation on the ACCC to specify a carriage service.
Recurring trace for specifying a carriage service.
142C Supply of eligible services to be on wholesale basis—lines that
Local access lines must be part of a telecommunications network in Australia and used to supply a superfast carriage service to residential customers.
142C(1) Supply of eligible services to be on wholesale basis—lines that
Must be part of a telecommunications network in Australia
If a person (the first person) must provide certain information.
142C(2) Supply of eligible services to be on wholesale basis—lines that
Local access lines must be part of a telecommunications network supplying superfast carriage services to residential customers.
143 Supply of eligible services to be on wholesale basis—networks in
Network must exist before designated commencement date
(network came into existence on or after 1 January 2011, but before the designated commencement date)
Network must not be the national broadband network
(network is not the national broadband network)
143A Class exemptions
Exempts a person from section 142C if they meet certain conditions.
143A(1) Class exemptions
The ACCC may determine that a person is exempt.
The person is a subclass of those exempt from section 142C.
Subclass of persons exempt from section 142C.
Exemptions for certain persons from section 143
143A(2) Class exemptions
Ensure availability of designated carriage service and non-discrimination in wholesale supply
143A(3) Class exemptions
Ensure availability of designated carriage service
143AA Judicial enforcement of prohibitions
Federal Court may make orders against a person who contravenes certain subsections.
143AA(1) Judicial enforcement of prohibitions
Prohibits a person from contravening certain subsections.
Federal Court may discharge or vary an order granted under this section.
143AA(2) Judicial enforcement of prohibitions
Prohibits discharge or variation of orders granted under this section.
143B Compliance with conditions and limitations of exemption
Comply with conditions or limitations of exemption after designated commencement date.
143B(1) Compliance with conditions and limitations of exemption
Prohibition on aiding, abetting, or conspiring to contravene subsection (1)
143B(2) Compliance with conditions and limitations of exemption
143B(3) Compliance with conditions and limitations of exemption
Prohibits breaches of civil penalty provisions
143C Judicial enforcement of conditions and limitations of
Federal Court may direct person to comply with condition or limitation
143C(1) Judicial enforcement of conditions and limitations of
Federal Court has obligation to direct person to comply with condition or limitation
The Federal Court may discharge or vary an order granted under this section.
143C(2) Judicial enforcement of conditions and limitations of
Publish list of persons bound by exemption determination
143D Publication of list of persons who have elected to be bound by
Exemptions for certain real estate development projects
143E Exemptions—certain real estate development projects etc.
143F Exemptions—lines installed in close proximity to other lines
Exemptions for certain lines installed in close proximity to other lines
143F(1) Exemptions—lines installed in close proximity to other lines
the line mentioned in paragraph (b) is used to supply a superfast carriage service; and the line mentioned in paragraph (b) is exempt from section 142C
Defines the temporal interval for exemption
(c) the coming into existence of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the line;
the line mentioned in paragraph (b) is exempt from section 142C
Imposes an obligation on the state to exempt certain lines
(a) a telecommunications network came into existence on or after 1 January 2011; and (b) a line came into existence on or after the designated commencement date for the purposes of connecting particular premises to the network;
Imposes an obligation on the state to provide exemptions for certain lines
Defines the recurring nature of exemption
(d) the premises are in close proximity to a line that forms part of the infrastructure of the network as the network stood immediately before the designated commencement date;
Exemptions for lines installed in close proximity to other lines
143F(2) Exemptions—lines installed in close proximity to other lines
The line must have come into existence on or after the designated commencement date for the purposes of connecting particular premises to the network.
Describes temporal relationship between events
The line mentioned in paragraph (b) is used to supply a superfast carriage service; The line mentioned in paragraph (b) is exempt from section 142C.
The line is exempt from section 142C if the conditions are met.
Defines conditions under which a line is exempt from section 142C
(2) If: (a) a designated telecommunications network was in existence immediately before the designated commencement date; and (b) a line came into existence on or after the designated commencement date for the purposes of connecting particular premises to the network; and (c) the coming into existence of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the line; and (d) the premises are in close proximity to a line that forms part of the infrastructure of the network as the network stood immediately before the designated commencement date; and (e) the line mentioned in paragraph (b) is used to supply a superfast carriage service;
The exemption applies only if the conditions are met.
The conditions must be met for the line to be exempt from section 142C.
Exemptions for networks covered by exemption instruments
143G Exemptions—networks covered by exemption instruments
If the Telecommunications (Network Exemption—TransACT Very Small Scale Networks) Instrument 2012 was in force...
Requires relation between temporal intervals for commencement
143H Exemption—networks marketed as business networks
Exemption for certain telecommunications networks marketed as business networks.
143H(1) Exemption—networks marketed as business networks
the use or proposed use, when considered in relation to...
Describes the timing of exemptions for telecommunications networks.
(c) the line is used, or proposed to be used...
Imposes an obligation to exempt certain telecommunications networks.
(b) the network is marketed by the carrier exclusively...
(e) the other conditions (if any) determined under subsection...
Describes the duration of exemptions for telecommunications networks.
(d) that use or proposed use, when considered in relation to...
143H(2) Exemption—networks marketed as business networks
144 Exemptions—Ministerial instrument
Exempts a specified network from section 143.
144(1) Exemptions—Ministerial instrument
Conditional commencement Exempts a specified local access line from section 143.
144(2) Exemptions—Ministerial instrument
Grants permission to exempt a local access line.
The Minister may exempt a specified person from subsection 143(2).
144(3) Exemptions—Ministerial instrument
144(4) Exemptions—Ministerial instrument
Consultation with ACCC and ACMA before making an instrument
144(5) Exemptions—Ministerial instrument
Instrument cannot be made outside this temporal window
Temporal interval of consultation required
Consultation with ACCC and ACMA must occur before making an instrument
Instrument creation follows from consultation
Consultation implies instrument creation
Minister must consult ACCC and ACMA before making an instrument
Instrument cannot be made without consultation
An instrument under subsection (1), (2) or (3) is not a legislative instrument.
144(6) Exemptions—Ministerial instrument
Minister cannot make an instrument under subsection (1)
144(7) Exemptions—Ministerial instrument
144(8) Exemptions—Ministerial instrument
Requires temporal relation between instrument and commencement date
Temporal interval mentioned in subsection (7)
145 Exemption—transport authorities
145(1) Exemption—transport authorities
Exempts certain services from subsections 142C(2) and 143(2)
145(2) Exemption—transport authorities
(2) Paragraph (1)(a) does not apply to a carriage service supplied to Airservices Australia unless the carriage service is supplied on the basis that Airservices Australia must not re-supply the carriage service.
Exemption for State or Territory transport authorities
145(3) Exemption—transport authorities
Grants permission to State or Territory transport authorities
146 Exemption—electricity supply bodies
Exemption for electricity supply bodies from certain subsections
146(1) Exemption—electricity supply bodies
146(2) Exemption—electricity supply bodies
147 Exemption—gas supply bodies
Exemption for gas supply bodies from certain subsections.
147(1) Exemption—gas supply bodies
147(2) Exemption—gas supply bodies
148 Exemption—water supply bodies
Exemption for water supply bodies from certain subsections
148(1) Exemption—water supply bodies
Exemption for water supply bodies under certain conditions
148(2) Exemption—water supply bodies
...unless the carriage service is supplied on the basis that...
Describes the temporal relationship between the exemption and the carriage service
does not apply to a carriage service supplied to a water supply body unless...
Classifies the exemption as a permission
149 Exemption—sewerage services bodies
Exemption for sewerage services bodies from certain subsections.
149(1) Exemption—sewerage services bodies
Exemption for sewerage services bodies under certain conditions
149(2) Exemption—sewerage services bodies
...the carriage service is supplied on the basis that...
(2) Paragraph (1)(a) does not apply to a carriage service supplied to a sewerage services body unless the carriage service is supplied on...
Defines artificial intelligence application for exemption
Exempts carriage service supplied to sewerage services bodies under specific conditions
15 Content service
150 Exemption—storm water drainage services bodies
Exemption for storm water drainage services bodies
150(1) Exemption—storm water drainage services bodies
150(2) Exemption—storm water drainage services bodies
151 Exemption—State or Territory road authorities
Exemption for State or Territory road authorities
151(1) Exemption—State or Territory road authorities
151(2) Exemption—State or Territory road authorities
151A Standard functional separation undertaking
A corporation may give a written undertaking to the ACCC.
151A(1) Standard functional separation undertaking
Functional separation requirements for wholesale and retail business units
151A(2) Standard functional separation undertaking
Must provide functional separation requirements
151B Deemed standard functional separation undertaking
The ACCC may determine that a corporation is bound by the Act if it elects to be so.
151B(1) Deemed standard functional separation undertaking
Functional separation undertaking must comply with specific provisions.
151B(1A) Deemed standard functional separation undertaking
No provision of a kind specified in a determination under subsection 151A(15) may be included.
151B(1B) Deemed standard functional separation undertaking
(1B) A functional separation undertaking...
Exemptions from certain provisions for functional separation undertakings
151B(2) Deemed standard functional separation undertaking
A corporation can give another standard functional separation undertaking without cancelling the previous one.
151B(3) Deemed standard functional separation undertaking
Deemed standard functional separation undertaking
151B(4) Deemed standard functional separation undertaking
151C Joint functional separation undertaking
Joint written undertaking for joint functional separation undertaking
151C(1) Joint functional separation undertaking
The wholesaler and retailer must provide specific conditions for their workers
Joint functional separation undertaking requirements
151C(2) Joint functional separation undertaking
151D Further information about undertaking
Request for further information if a joint functional separation undertaking is given
151D(1) Further information about undertaking
(a) a person gives the ACCC a standard functional separation undertaking; or (b) 2 or more persons give the ACCC a joint functional separation undertaking.
151D(2) Further information about undertaking
The ACCC may refuse to consider the undertaking until the person or persons give the ACCC the information.
151D(3) Further information about undertaking
Request for further information may be withdrawn in whole or in part.
151D(4) Further information about undertaking
Request for further information may be withdrawn.
151E Withdrawal of undertaking that is under consideration
Withdrawal of undertaking that is under consideration
151E(1) Withdrawal of undertaking that is under consideration
Withdrawal of undertaking at any time before ACCC decision
151E(2) Withdrawal of undertaking that is under consideration
Temporal relation between withdrawal and ACCC decision
(2) The person or persons may withdraw the undertaking at any time before the ACCC makes a decision to accept or reject the undertaking.
Justification for withdrawal of undertaking
Impact of withdrawal on ACCC decision-making process
Effect of withdrawal on ACCC decision-making
Allows person or persons to give a fresh undertaking
151E(3) Withdrawal of undertaking that is under consideration
Refund of fee upon withdrawal of undertaking
151E(4) Withdrawal of undertaking that is under consideration
...the ACCC may, on behalf of the Commonwealth, refund the whole or a part of the fee.
Temporal overlap between withdrawal and payment
Implication of withdrawal and payment on refund
Scope for accepting or rejecting functional separation undertaking
151F ACCC to accept or reject functional separation undertaking
Scope of section 151G regarding consultation and acceptance or rejection of undertaking
151G Consultation—acceptance or rejection of undertaking
Classifies the provision as an undertaking
151H Serial undertakings
ACCC may refuse to consider another functional separation undertaking if it is materially similar to a previous one.
151H(1) Serial undertakings
Prohibition of considering another undertaking
ACCC may refuse to consider another joint functional separation undertaking if it is materially similar to the first one.
151H(2) Serial undertakings
ACCC may refuse to consider the other functional separation undertaking.
ACCC rejects the first functional separation undertaking.
The ACCC has the power to refuse consideration of another undertaking.
ACCC's discretion in refusing consideration
The ACCC may refuse to consider the other functional separation undertaking.
The ACCC is obligated to consider the first functional separation undertaking.
ACCC's obligation to consider undertakings
(a) 2 or more persons give the ACCC a joint functional separation undertaking; and (b) the ACCC rejects the first functional separation undertaking.
The ACCC may refuse to consider the other functional separation undertaking until it is satisfied that the undertakings are not materially similar.
(b) the ACCC rejects the first functional separation undertaking; and (c) those persons subsequently give the ACCC another joint functional separation undertaking.
ACCC must refund fee if undertaking is refused and fee was paid.
151H(3) Serial undertakings
the ACCC must, on behalf of the Commonwealth, refund the fee.
(3) If the ACCC refuses to consider a functional separation undertaking under this section; and (b) a person or persons have paid a fee in relation to the undertaking;
(3) If: (a) the ACCC refuses to consider a functional separation undertaking under this section; and (b) a person or persons have paid a fee in relation to the undertaking;
ACCC may refuse to consider undertaking if it is not in its power to do so.
Undertaking may be conditional on ACCC's power to consider it.
151J Criteria for accepting functional separation undertaking
Criteria for accepting functional separation undertaking
151J(1) Criteria for accepting functional separation undertaking
Regard must be had when deciding to accept an undertaking
151J(2) Criteria for accepting functional separation undertaking
151K Variation of functional separation undertaking that is under
Variation of functional separation undertaking that is under
151K(1) Variation of functional separation undertaking that is under
The ACCC must consider a varied undertaking under section 151F if the person gives it within the specified period.
151K(2) Variation of functional separation undertaking that is under
The ACCC will consider the varied undertaking under section 151F as if the varied undertaking had been given to the ACCC instead of the original undertaking.
The ACCC must consider a varied undertaking.
The person gives the varied undertaking to the ACCC within the period specified in the notice.
ACCC must consider a varied undertaking given in response to notice.
151K(3) Variation of functional separation undertaking that is under
ACCC must consider a varied undertaking.
Duty to consider notice under subsection (2)
151K(4) Variation of functional separation undertaking that is under
151L Replacement of functional separation undertaking that is
Replacement of functional separation undertaking that is given to the ACCC.
151L(1) Replacement of functional separation undertaking that is
The ACCC may give a written notice stating that it would be inclined to accept a joint functional separation undertaking if certain conditions are met.
151L(2) Replacement of functional separation undertaking that is
Duty to consider notice under subsection (2) is not required
151L(3) Replacement of functional separation undertaking that is
Renewal of functional separation undertaking
151M Renewal of functional separation undertaking
151N Variation of expiry time of certain functional separation
ACCC may vary existing functional separation undertaking by omitting or substituting expiry time.
151N(1) Variation of expiry time of certain functional separation
the expiry time specified in the notice.
Expiry time is a temporal interval during which the undertaking is in force
(1) If: ... and (a) a standard functional separation undertaking is in force;
Expiry time of certain functional separation must be later than rejection of other undertaking and not later than 12 months after.
151N(2) Variation of expiry time of certain functional separation
Must be later than rejection of other undertaking
(2) The expiry time specified in the notice:
Not later than 12 months after rejection of other undertaking
Exempts notice under subsection (1) from Subsection 151A(8)
151N(3) Variation of expiry time of certain functional separation
151N(4) Variation of expiry time of certain functional separation
151N(5) Variation of expiry time of certain functional separation
(5) The expiry time specified in the notice:
Exempts notice under subsection (4) from Subsection 151C(8)
151N(6) Variation of expiry time of certain functional separation
Publish notice on website before varying functional separation undertaking
151N(7) Variation of expiry time of certain functional separation
151P Duration of functional separation undertaking
151P(1) Duration of functional separation undertaking
Duration of functional separation undertaking
151P(2) Duration of functional separation undertaking
New undertaking comes into force immediately after expiry of other undertaking.
151P(3) Duration of functional separation undertaking
151Q Variation of functional separation undertaking that is in force
Variation of functional separation undertaking that is in force
151Q(1) Variation of functional separation undertaking that is in force
Requires relation between identifiable temporal intervals
Variation of functional separation undertaking that is in force may be given to ACCC.
151Q(2) Variation of functional separation undertaking that is in force
Compliance with specific subsections required for variation of standard functional separation undertaking
151Q(3) Variation of functional separation undertaking that is in force
Variation of joint functional separation undertaking must comply with specific subsections and paragraph.
151Q(4) Variation of functional separation undertaking that is in force
Must comply with specified subsections and paragraph.
151Q(5) Variation of functional separation undertaking that is in force
151R Further information about variation of functional separation
Request for further information if a variation of functional separation is given to the ACCC.
151R(1) Further information about variation of functional separation
Request for further information about variation of functional separation
151R(2) Further information about variation of functional separation
Obligation to provide further information
The ACCC may refuse to consider the variation until the person or persons give the ACCC the information.
151R(3) Further information about variation of functional separation
The ACCC must refuse to consider the variation until the person or persons give the ACCC the information.
The ACCC may withdraw its request for further information.
151R(4) Further information about variation of functional separation
151S Withdrawal of variation that is under consideration
Withdrawal of variation that is under consideration
151S(1) Withdrawal of variation that is under consideration
Person or persons may withdraw variation at any time before ACCC makes a decision.
151S(2) Withdrawal of variation that is under consideration
(2) The person or persons may withdraw the variation at any time before the ACCC makes a decision to accept or reject the variation.
Ability of AI system to process withdrawal information
Ability to diffuse information about withdrawal
151S(3) Withdrawal of variation that is under consideration
Allows the person to give a fresh variation
Refund of fee upon withdrawal of variation
151S(4) Withdrawal of variation that is under consideration
ACCC must accept or reject variation of standard functional separation undertaking.
151T ACCC to accept or reject variation
Obligation to accept or reject variation
151U Consultation—acceptance or rejection of variation
Consultation required for variation of standard functional separation undertaking or joint functional separation undertaking.
151U(1) Consultation—acceptance or rejection of variation
Submissions within the specified time limit
Publish notice and invite submissions before making a decision on variation.
151U(2) Consultation—acceptance or rejection of variation
Obligation to publish notice and invite submissions
Time limit for acceptance or rejection of variation must not be shorter than 15 business days after notice is published.
151U(3) Consultation—acceptance or rejection of variation
Temporal interval contains a minimum duration of 15 business days
(3) The time limit must not be shorter than 15 business days after the notice is published.
Applies to provisions with temporal intervals and duration constraints
Must not be shorter than 15 business days
Applies to provisions with temporal intervals
Temporal interval has a minimum duration of 15 business days
151V Criteria for accepting variation
Criteria for accepting variation of standard functional separation undertaking or joint functional separation undertaking
151V(1) Criteria for accepting variation
Temporal interval for variation acceptance
(a) a person gives the ACCC a variation of a standard functional separation undertaking; or (b) 2 or more persons give the ACCC a variation of a joint functional separation undertaking.
Consideration of factors when accepting variation
151V(2) Criteria for accepting variation
Authority to determine matters for variation purposes
151V(3) Criteria for accepting variation
151W Revocation of functional separation undertaking
Revocation of functional separation undertaking if breach or contravention occurs.
151W(1) Revocation of functional separation undertaking
The undertaking is in force from the time it was given to the present.
Defines the temporal interval for which the undertaking is in force.
(a) a standard functional separation undertaking given by a person is in force;
Revocation occurs if breach or contravention occurs.
Establishes a relationship between the revocation of an undertaking and its conditions.
(a) a standard functional separation undertaking given by a person is in force; and (b) the person has breached a fundamental provision of the undertaking or contravened section 151ZF or 151ZG;
The ACCC may not revoke the undertaking if breach or contravention occurs.
Prohibits revocation of undertaking if breach or contravention occurs.
The ACCC may revoke the undertaking if breach or contravention occurs.
Permits revocation of undertaking if breach or contravention occurs.
The undertaking applies until the breach or contravention occurs.
Defines the temporal interval for which the undertaking applies.
Revocation of functional separation undertaking if unsatisfactory compliance record
151W(2) Revocation of functional separation undertaking
the ACCC may, by written notice given to the person, revoke the undertaking.
Temporal interval for revocation of functional separation undertaking
(a) a standard functional separation undertaking given by a person is in force; and (b) the ACCC is satisfied that the person has an unsatisfactory compliance record in relation to functional separation;
Rebuttal of unsatisfactory compliance record for functional separation undertaking
Prohibition of functional separation undertaking
Diffusion of revocation decision for functional separation undertaking
Recurring trace for revocation of functional separation undertaking based on compliance record
ACCC must revoke standard functional separation undertaking upon request.
151W(3) Revocation of functional separation undertaking
Must provide written notice to revoke undertaking.
Revocation takes effect within a specified time frame after notice is given.
151W(4) Revocation of functional separation undertaking
Revocation of functional separation undertaking
151W(5) Revocation of functional separation undertaking
151W(6) Revocation of functional separation undertaking
151X Consultation—revocation of functional separation
Submission within time limit specified in notice
ACCC must give written notice to person before revoking standard functional separation undertaking.
151X(1) Consultation—revocation of functional separation
Time limit for revocation of joint functional separation must be at least 15 business days after notice is given.
151X(2) Consultation—revocation of functional separation
Time limit must be at least 15 business days after notice is given
(2) The time limit must not be shorter than 15 business days after the notice is given.
Revocation of joint functional separation undertaking
Time limit must not be shorter than 15 business days
Must consult before revoking joint functional separation undertaking
151X(3) Consultation—revocation of functional separation
151Y Notification that a person is at risk of having an unsatisfactory
151Y(1) Notification that a person is at risk of having an unsatisfactory
ACCC must give a person a written notice stating that the ACCC considers the person is at risk of having an unsatisfactory compliance record in relation to functional separation.
151Y(2) Notification that a person is at risk of having an unsatisfactory
The provision is part of the Telecommunications Act 1997.
Failure to comply with subsection (2) does not affect the validity of a revocation of a functional separation undertaking.
151Y(3) Notification that a person is at risk of having an unsatisfactory
Excludes the effect of non-compliance on revocation validity
151Z Variation of functional separation undertaking following
ACCC may vary a revoked standard functional separation undertaking.
151Z(1) Variation of functional separation undertaking following
Must not vary standard functional separation undertaking under subsection (1) unless variation addresses grounds for revocation of undertaking under section 151W and does not address other matter.
151Z(2) Variation of functional separation undertaking following
(2) The ACCC must not vary a standard functional separation undertaking under subsection (1) unless the variation: does not address any other matter.
Variation must be relevant to revocation of undertaking under section 151W
(2) The ACCC must not vary a standard functional separation undertaking under subsection (1) unless the variation: addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section 151W; and does not address any other matter.
unless the variation addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section 151W; and does not address any other matter.
Prohibition on varying standard functional separation undertaking
(2) The ACCC must not vary a standard functional separation undertaking under subsection (1)
ACCC has obligation to vary standard functional separation undertaking under subsection (1)
151ZA Reporting obligations following giving of revocation notice
The ACCC may direct the person to provide reports about compliance with the undertaking.
151ZA(1) Reporting obligations following giving of revocation notice
The ACCC must direct the person to provide reports.
Direct person to provide report on compliance with undertaking after revocation notice.
151ZA(2) Reporting obligations following giving of revocation notice
151ZB Requirement to notify changes in control of person who gave
Notify ACCC of changes in control within 10 business days.
151ZB(1) Requirement to notify changes in control of person who gave
Notification by controller of person who gave undertaking must be in a form approved by ACCC.
151ZB(2) Requirement to notify changes in control of person who gave
Obligation to notify changes in control of person who gave undertaking.
Notify ACCC of control position within 10 business days
151ZB(3) Requirement to notify changes in control of person who gave
Requirement to notify changes in control of person who gave
151ZB(4) Requirement to notify changes in control of person who gave
A person must not aid, abet, counsel or procure a contravention of subsection (1) or (3);
151ZB(5) Requirement to notify changes in control of person who gave
151ZB(6) Requirement to notify changes in control of person who gave
Obligation to notify changes in control of person who gave
151ZC Register of functional separation undertakings
Maintain a Register of functional separation undertakings
151ZC(1) Register of functional separation undertakings
The Register is to be maintained by electronic means.
151ZC(2) Register of functional separation undertakings
Make Register available for inspection on ACCC's website.
151ZC(3) Register of functional separation undertakings
The Register is not a legislative instrument.
151ZC(4) Register of functional separation undertakings
151ZD Compliance with functional separation undertaking
Compliance with functional separation undertaking
151ZD(1) Compliance with functional separation undertaking
151ZD(2) Compliance with functional separation undertaking
151ZD(3) Compliance with functional separation undertaking
Order directing disposal of network units, lines, shares or other assets if breach found.
151ZE Enforcement of functional separation undertaking
...the Court may make any or all of the following orders...
(d) an order directing the disposal of network units, lines, shares or other assets;
Implication of breach on asset disposal.
(a) a functional separation undertaking given by a person is in force;
Classification of breach to asset disposal.
(b) the Federal Court is satisfied, on the application of...
the Court may make any or all of the following orders...
151ZF Eligible services to be supplied on a non-discriminatory basis
Discrimination in wholesale services supply is prohibited.
151ZF(1) Eligible services to be supplied on a non-discriminatory basis
Prohibition period starts at the designated commencement date.
Temporal relation between designated commencement date and prohibition period
The person must not discriminate on or after the designated commencement date.
Discrimination implies a violation of the law.
Implication of prohibition on wholesale services supply
If section 142C or section 143 applies to the line, then discrimination is prohibited.
Eligible customers can be classified using AI.
Classification of wholesale customers using AI
The person's wholesale customers or prospective wholesale customers can be classified using artificial intelligence.
Section 142C and section 143 apply to the line.
Prohibition spreads to all eligible customers.
Propagation of prohibition through wholesale customers
The person's wholesale customers or prospective wholesale customers are affected by the prohibition.
Wholesale customer discrimination allowed under certain conditions
151ZF(2) Eligible services to be supplied on a non-discriminatory basis
Allows wholesale customer discrimination
(2) The rule in subsection (1) does not prevent discrimination...
Grounds for believing a wholesale customer is not creditworthy
151ZF(3) Eligible services to be supplied on a non-discriminatory basis
151ZG Eligible services—related activities to be carried on on a
Eligible services—related activities to be carried on on a designated commencement date if certain conditions are met.
151ZG(1) Eligible services—related activities to be carried on on a
if an eligible service is supplied or proposed to be supplied by a person using a local access line
The provision applies during the designated commencement date.
on and after the designated commencement date
no discrimination between wholesale customers
If section 142C or section 143 applies, then no discrimination between wholesale customers is allowed.
a functional separation undertaking is required
If neither section 142C nor section 143 applies, then a functional separation undertaking is required.
neither section 142C nor section 143 applies to the line
A functional separation undertaking is required if neither section 142C nor section 143 applies.
No discrimination between wholesale customers is allowed if section 142C or section 143 applies.
Discrimination between wholesale customers is prohibited.
151ZG(2) Eligible services—related activities to be carried on on a
Discrimination is prohibited for preparatory activities
Temporal relation between activities and discrimination prohibition
Activities must be carried out before discrimination is prohibited
Wholesale customers must be treated equally
Discrimination is prohibited for eligible activities
Classification of activities as eligible or non-eligible
Activities are classified as eligible or non-eligible
Recurring trace of discriminatory behavior
State must not discriminate between wholesale customers
Publish statement on website within 5 business days after access agreement entry.
151ZH Statement about the differences between an access
151ZI Anti-avoidance
Corporation cannot enter into a scheme to avoid application of Part provisions.
151ZI(1) Anti-avoidance
151ZI(2) Anti-avoidance
151ZI(3) Anti-avoidance
Definition of scheme for purposes of this section
151ZI(4) Anti-avoidance
151ZJ Self-incrimination
No excuse from giving a report under certain provisions.
151ZJ(1) Self-incrimination
No admissible evidence against an individual in certain cases.
151ZJ(2) Self-incrimination
is not admissible in evidence against the individual.
Obligation to protect an individual's self-incrimination
(2) However, in the case of an individual:
Delegation of ACCC powers to staff and SES employees
151ZK Delegation
...the ACCC's powers under any of the following provisions
The ACCC may delegate to a person who is...
The ACCC may, by writing, delegate to a person...
151ZL Review by the Australian Competition Tribunal
Right to review ACCC decision on functional separation undertaking
151ZL(1) Review by the Australian Competition Tribunal
The person or persons may apply to the Australian Competition Tribunal for a review of the decision.
151ZL(2) Review by the Australian Competition Tribunal
to the Australian Competition Tribunal for a review of the decision.
Right to review decision by Australian Competition Tribunal
151ZL(3) Review by the Australian Competition Tribunal
The person or persons may apply to the Australian Competition Tribunal for a review of the decision during this period.
The decision is made under section 151T.
Implies that the decision is reviewable if the ACCC rejects a variation
The ACCC makes a decision under section 151T to reject a variation.
The person or persons has the right to review a decision by the Australian Competition Tribunal.
Has the right to review a decision by the Australian Competition Tribunal
The ACCC has made a decision under section 151T.
The person or persons may apply to the Australian Competition Tribunal for a review of the decision if and only if the ACCC rejects a variation.
If the ACCC rejects a variation, then the person or persons may apply to the Australian Competition Tribunal for a review of the decision
151ZL(4) Review by the Australian Competition Tribunal
151ZL(5) Review by the Australian Competition Tribunal
Application for review of ACCC decision must be made within specified time frames.
151ZL(6) Review by the Australian Competition Tribunal
Application must be made within specified time frames.
151ZM Functions and powers of the Australian Competition
The Australian Competition Tribunal may make a decision affirming or setting aside the ACCC's decision.
151ZM(1) Functions and powers of the Australian Competition
Decision of ACCC is binding on Australian Competition Tribunal
151ZM(2) Functions and powers of the Australian Competition
Binding on Australian Competition Tribunal
A decision by the Australian Competition Tribunal: affirming a decision of the ACCC; or setting aside a decision of the ACCC;
Decision of ACCC is binding on ACCC decisions
Decision of ACCC is binding on Australian Competition Tribunal decisions
Binding on Australian Competition Tribunal decisions
Reset start of decision-making period after ACCC sets aside a decision to reject a functional separation undertaking.
151ZM(3) Functions and powers of the Australian Competition
The start of the 3-month decision-making period is reset during which the undertaking must be considered.
Reset start of decision-making period during which the undertaking must be considered
Subsection 151F(5) has effect as if the undertaking had been received by the ACCC immediately after the decision was set aside.
The start of the 3-month decision-making period is reset.
The ACCC must consider the undertaking during the reset period.
Must consider the undertaking during the reset period
The ACCC must provide information about the undertaking during the reset period.
Must provide information about the undertaking during the reset period
Reset start of decision-making period after setting aside ACCC decision
151ZM(4) Functions and powers of the Australian Competition
Imposes a duty on the Australian Competition Tribunal
Requires ACCC to provide information, reports, and assistance to the Australian Competition Tribunal.
151ZM(5) Functions and powers of the Australian Competition
May consider information given to the ACCC in connection with a decision
151ZM(6) Functions and powers of the Australian Competition
References to other Acts have effect in relation to a review.
151ZM(7) Functions and powers of the Australian Competition
Exemption from Competition Tribunal review for ACCC decisions
151ZN Provisions that do not apply in relation to an Australian
Exempts ACCC decisions from Competition Tribunal review
Definition of associate for control purposes
152 Associate
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
153 Control
154 Control of a company
Determines control of a company under Schedule 1 to the Broadcasting Services Act 1992.
154(1) Control of a company
Schedule 1 to the Broadcasting Services Act 1992
Definition of associate in section 152 applies instead.
154(2) Control of a company
A person is in a position to exercise control of a telecommunications network if they meet certain conditions.
155 When a person is in a position to exercise control of a network
The controller has control during this time period.
During what time period does the controller have control?
(i) to exercise control of the operation of all or part of the network...
The controller has control if they own the network.
If the controller meets these conditions, then they have control.
(a) the controller legally or beneficially owns the network...
Others recognize the controller's control.
The controller is recognized as having control by others.
(ii) the controller, either alone or together with an associate of the controller, is in a position to veto any action taken by the board of directors of the company...
The controller has control over the network.
Has control over a telecommunications network.
The controller's control diffuses to other parts of the network.
The controller's control spreads to other parts of the network.
(ii) to exercise control of the selection of the kinds of services that are supplied using the network...
A person is in a position to exercise control of a line if they own it or have significant influence over its management.
155A When a person is in a position to exercise control of a line
The controller is in a position to exercise control of the operation of all or part of the line.
The person has veto power over company actions.
The person has appointment power over company directors.
Has appointment power over company directors
(iii) The controller, either alone or together with an associate of the controller, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company.
The person has direction power over company management.
Has direction power over company management
(iv) The controller, either alone or together with an associate of the controller, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company.
156 Deemed networks etc.
Network alteration or upgrade obligation
156(1) Deemed networks etc.
...but before the designated commencement date;
Describes the temporal relationship between the alteration/upgrade and the designated commencement date.
(a) a telecommunications network is altered or upgraded on or after 1 January 2011...
...that part is taken to be a network in its own right;
Imposes an obligation on the state to treat the altered network as a separate entity.
...a part of the network became capable of being used to supply a superfast carriage service;
Allows for the possibility of treating the altered network as a separate entity.
(b) as a result of the alteration or upgrade...
Specifies the temporal scope of the obligation.
Telecommunications network extension obligation
156(2) Deemed networks etc.
Defines conditions for local access lines coming into existence before designated commencement date
156A Certain lines deemed to have come into existence on or after
157 Certain installations and connections are not taken to be an
Neither installation nor connection is taken to be an extension, alteration or upgrade of the network.
157(1) Certain installations and connections are not taken to be an
Exemptions from subsection (1) for certain expressions
157(2) Certain installations and connections are not taken to be an
158 Local access line
158(1) Local access line
Line does not form part of a local access line to the extent that it is on the customer side of the boundary of a telecommunications network.
158(2) Local access line
Conditional effect of subsection (2) on subsection (2B)
158(2A) Local access line
Relates to other provisions for lines to which section 142C applies
158(2B) Local access line
Section 151ZF, 151ZG or 151ZH relates to a line to which section 142C applies
158A Deemed local access lines
Local access line deemed to have come into existence on or after the designated commencement date if it was in existence immediately before and is extended on or after that date.
158A(1) Deemed local access lines
the extension is taken to be a local access line in its own right;
Describes a temporal relationship between the designated commencement date and the date when the local access line was in existence immediately before.
(a) a local access line was in existence immediately before the designated commencement date;
Imposes a duty on the state to treat the local access line as having come into existence on or after the designated commencement date.
(d) the local access line referred to in paragraph (c) is taken to have come into existence on or after the designated commencement date.
Describes a temporal relationship between the designated commencement date and the date when the local access line was extended.
(b) the line is extended on or after the designated commencement date;
Exemptions from subsection (1) of section 158A(2)
158A(2) Deemed local access lines
159 Alteration
An alteration of a telecommunications network does not include an extension of the network.
159(1) Alteration
An alteration of a line does not include an extension of the line.
159(2) Alteration
16 Listed carriage services
16(1) Listed carriage services
Defines point for listed carriage services
16(2) Listed carriage services
A point in a specific altitude is considered within Australia's territory.
16(3) Listed carriage services
A point in the atmosphere is considered within Australia's territory.
The stratosphere is above the atmosphere.
Points on satellites and above stratosphere are outside Australia
16(4) Listed carriage services
160 Upgrade of telecommunications network
Upgrade of telecommunications network does not include an extension of the network.
160(1) Upgrade of telecommunications network
Upgrade of telecommunications network does not include extension of the line.
160(2) Upgrade of telecommunications network
161 Extended meaning of residential customer
Individual carrying on business at residence is taken as residential customer.
161(1) Extended meaning of residential customer
...the individual, in the individual’s capacity as a customer, is taken to be a residential customer.
Temporal relation between business and residence
(a) most or all of the work of the business is carried out at the residence of the individual;
(b) the business does not occupy any premises other than the residence of the individual;
Obligation to treat individual as residential customer.
Diffusion logic for 'business carried on'
Temporal relation between business and residence (recurring trace)
Extended meaning of residential customer for partnership businesses
161(2) Extended meaning of residential customer
162 Close proximity
Minister may determine proximity for specified circumstances
162(1) Close proximity
Minister may determine proximity exception
162(2) Close proximity
Permission to deviate from proximity rule
Delegation to the ACCC must be of a legislative character.
162(3) Close proximity
162(4) Close proximity
Comply with written directions of the Minister when performing a delegated function or exercising a delegated power.
162(5) Close proximity
Obligation to comply with written directions
Access to an emergency call service is required.
18 Access to an emergency call service
Requires access to an emergency call service.
19 Recognised person who operates an emergency call service
A reference to a recognised person who operates an emergency call service is a reference to a person who operates an emergency call service and meets certain conditions.
19(1) Recognised person who operates an emergency call service
The text refers to a person who operates an emergency call service.
A determination under paragraph (1)(b) is a notifiable instrument.
19(2) Recognised person who operates an emergency call service
A person may be specified in a determination even if they do not operate an emergency call service at the time.
19(3) Recognised person who operates an emergency call service
Clarifies subsection (3) for avoidance of doubt
19(4) Recognised person who operates an emergency call service
(4) Subsection (3) is enacted for the avoidance of doubt.
2 Commencement
2(1) Commencement
Classifies the legal effect as Undertaking
No explicit duty, ban conduct, grant permission, or create a right
2(2) Commencement
Defines temporal interval for commencement
2(3) Commencement
20 Customer cabling
Defines customer cabling as a line treated under regulations.
20(1) Customer cabling
Regulations may deal with a matter by reference to the boundary of a telecommunications network.
20(2) Customer cabling
21 Customer equipment
Defines customer equipment for the purposes of the Act.
21(1) Customer equipment
21(2) Customer equipment
No implication that subsection (2) limits subsection (1).
21(3) Customer equipment
No obligation to limit subsection (2) by implication.
Defines customer equipment in absence of regulations.
21(4) Customer equipment
The regulation applies within the defined boundary.
Defines temporal boundaries for regulations.
Regulations made under this section apply to the specified boundary.
Excluded items are not considered customer equipment.
Lists excluded items from the definition.
This section lists excluded items from the definition of customer equipment.
The definition applies to customer equipment.
Customer equipment is defined by this section.
22 Customer cabling and customer equipment—boundary of a
Regulations must be followed to determine the boundary of a telecommunications network.
22(1) Customer cabling and customer equipment—boundary of a
Regulations may reference agreements between carriers, carriage service providers, and customers.
22(2) Customer cabling and customer equipment—boundary of a
Defines 'immediate circle' for purposes of the Act.
23 Immediate circle
Definition of use in isolation or conjunction with other things.
24 Extended meaning of use
25 Simplified outline
26 Single line links connecting distinct places in Australia
Line link connecting distinct places in Australia must be a network unit if they are at least the statutory distance apart.
26(1) Single line links connecting distinct places in Australia
Statutory distance is 500 metres or a longer distance not exceeding 50 kilometres specified in regulations.
26(2) Single line links connecting distinct places in Australia
500 metres or a longer distance not exceeding 50 kilometres.
(2) For the purposes of this section, the statutory distance...
27 Multiple line links connecting distinct places in Australia
Owning multiple line links connecting distinct places in Australia is an obligation.
27(1) Multiple line links connecting distinct places in Australia
Multiple line links connecting distinct places in Australia must satisfy certain conditions.
27(2) Multiple line links connecting distinct places in Australia
each of those line links connects distinct places in Australia;
the owners of the line links are bodies corporate;
Statutory distance is 5 kilometres or up to 500 kilometres as specified in regulations.
27(3) Multiple line links connecting distinct places in Australia
The temporal interval for the statutory distance is up to 500 kilometres as specified in regulations.
Temporal interval for statutory distance
(3) For the purposes of this section, the statutory distance is:
The regulatory distance is defined by regulation as up to 500 kilometres.
Regulatory distance is defined by regulation
(b) if a longer distance, not exceeding 500 kilometres, is specified in the regulations—that longer distance.
The statutory distance is 5 kilometres or up to 500 kilometres as specified in regulations.
(a) 5 kilometres; or (b) if a longer distance, not exceeding 500 kilometres, is specified in the regulations—that longer distance.
The regulatory distance is not necessarily fixed at up to 500 kilometres as specified in regulations.
Regulatory distance is not necessarily fixed
The temporal interval for the regulatory distance is up to 500 kilometres as specified in regulations.
Temporal interval for regulatory distance
Definition of 'owner' and 'related company group'
27(4) Multiple line links connecting distinct places in Australia
Determine relationship between corporate bodies in the same manner as under Corporations Act 2001.
27(5) Multiple line links connecting distinct places in Australia
Determine relationship between corporate bodies
Same manner as under Corporations Act 2001.
Protect the confidentiality of certain information
270 Simplified outline
Certain record-keeping requirements are imposed in relation to authorised disclosures or uses of information.
Temporal relation between disclosure and use of protected information
Disclosure or use of protected information is authorised in limited circumstances (for example, disclosure or use for purposes relating to the enforcement of the criminal law).
Protect the confidentiality of information that relates to...
Mandatory duty to protect confidentiality
Mandatory duty to disclose only for authorized purposes
An authorised recipient of protected information may only disclose or use the information for an authorised purpose.
271 Eligible person
272 Number-database operator and eligible number-database
272(1) Number-database operator and eligible number-database
a number-database operator is a person in respect of which a determination is in force under subsection 472(1).
Identifies a person with a determination in force
(1) For the purposes of this Part, a number-database operator is a person...
Definition of eligible number-database person
272(2) Number-database operator and eligible number-database
A reference in this Part to information includes a reference to opinion.
273 Information
Definition of telecommunications contractor
274 Telecommunications contractor
Definition of number-database contractor
275 Number-database contractor
275A Location information
Information about location of mobile telephone handset or device must be provided by the customer responsible for it.
275A(1) Location information
Obligation to provide location information
Document about location of mobile communications device must relate to customer's affairs.
275A(2) Location information
Clarifies section enactment for doubt avoidance
275A(3) Location information
275B Emergency management person
275B(1) Emergency management person
Specify offices and/or positions for emergency management person definition
275B(2) Emergency management person
Specify offices or positions under subsection (2)
275B(3) Emergency management person
Protection of communications does not limit subsection (3)
275B(4) Emergency management person
Consultation requirement before making an instrument
275B(5) Emergency management person
The consultation MUST occur BEFORE making an instrument under subsection (2).
(5) Before making an instrument under subsection (2), the AFP Minister must consult the Minister administering this Act.
The consultation IS_A a cognitive process involving the AFP Minister and the Minister administering this Act.
The AFP Minister MUST consult the Minister administering this Act.
The consultation IS_A a diffusion of responsibility from the AFP Minister to the Minister administering this Act.
Consultation as a diffusion of responsibility
The consultation MUST occur WITHIN a specific temporal interval.
275C Emergency
275D Emergency law
275D(1) Emergency law
Specify a law for emergency law definition
275D(2) Emergency law
Defines relevant information for this Part.
275E Relevant information
276 Primary disclosure/use offence—eligible persons
Disclose or use information about certain communications without consent.
276(1) Primary disclosure/use offence—eligible persons
Prohibits disclosure or use of certain information.
Disclosing or using certain information is prohibited for eligible persons.
276(2) Primary disclosure/use offence—eligible persons
...because the person was employed by the contractor in connection with its business as such a contractor.
Temporal relation between knowledge and disclosure.
(2) A person who has been an eligible person must not disclose or use...
Knowledge graph of persons and their knowledge.
Recurring trace of disclosure and knowledge.
276(3) Primary disclosure/use offence—eligible persons
277 Primary disclosure/use offence—eligible number-database
Disclose or use information or documents that relate to carriage services or personal particulars without permission.
277(1) Primary disclosure/use offence—eligible number-database
in connection with the person’s business as such an operator; or because the person is employed by the operator in connection with its business as such an operator
Temporal relation between disclosure/use and business activities.
(1) An eligible number-database person must not disclose or use any information or document...
Implication of disclosure/use on carriage services.
because the person is employed by the operator in connection with its business as such an operator; or because the person is employed by the operator in connection with its business as such a contractor
Spread of disclosure/use to personal particulars.
if the person is a number-database operator—in connection with the person’s business as such an operator; or if the person is an employee of a number-database operator—because the person is employed by the operator in connection with its business as such an operator
Recurring trace of disclosure/use and carriage services.
Prohibition on disclosing or using information related to a matter mentioned in paragraph (1)(a) without proper authorization.
277(2) Primary disclosure/use offence—eligible number-database
277(3) Primary disclosure/use offence—eligible number-database
278 Primary disclosure/use offence—emergency call persons
Disclose or use information about emergency calls without authorization.
278(1) Primary disclosure/use offence—emergency call persons
(1) An emergency call person must not disclose or use any information...
Disclose or use information related to emergency call service operations.
278(2) Primary disclosure/use offence—emergency call persons
Temporal interval for disclosure or use prohibition.
(2) A person who has been an emergency call person must not disclose...
278(3) Primary disclosure/use offence—emergency call persons
Prohibits contravention of section 278(1)
Exempts emergency call communications from primary disclosure/use offence.
278(4) Primary disclosure/use offence—emergency call persons
carried by a carrier or carriage service provider
Specifies the temporal relationship between exempted emergency call communications.
Describes the processing of exempted emergency call communications.
Prohibits certain types of communications.
Defines the scope of exempted emergency call communications.
Describes the propagation of exempted emergency call communications.
Describes the temporal relationship between exempted emergency call communications.
279 Performance of person’s duties
Disclosure or use of information is allowed in performance of duties as an employee.
279(1) Performance of person’s duties
Defines temporal interval for disclosure or use.
(b) the disclosure or use is made in the performance of the person’s duties as such an employee.
Implicates that disclosure or use is allowed if it's part of job duties.
Permits disclosure or use in performance of duties.
(1) Section 276 does not prohibit a disclosure or use by a person...
Disclosure or use of information is allowed in performance of duties as a telecommunications contractor.
279(2) Performance of person’s duties
(a) the person is a telecommunications contractor; and (b) the disclosure or use is made in the performance of the person’s duties as such a contractor.
Allows disclosure or use in performance of duties
(2) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
279(3) Performance of person’s duties
Permission to disclose or use information in performance of duties.
(3) Section 277 does not prohibit a disclosure or use by a person...
Disclosure or use of information or document by a number-database contractor in performance of duties.
279(4) Performance of person’s duties
Disclosure or use of information by an employee in performance of duties
279(5) Performance of person’s duties
Temporal relation: disclosure or use is made in the performance of the person's duties as such an employee
the disclosure or use is made in the performance of the person’s duties as such an employee.
Knowledge representation: employee, recognised person who operates an emergency call service, emergency call contractor
a recognised person who operates an emergency call service; or an emergency call contractor;
Permits disclosure or use by an employee in performance of duties
(5) Section 278 does not prohibit a disclosure or use by a person of information or a document if:
Information flow: disclosure or use by an employee in performance of duties
Recurring trace: disclosure or use by a person of information or a document
the person is an employee of: (i) a recognised person who operates an emergency call service; or (ii) an emergency call contractor;
Disclosure or use of information is permitted for emergency call contractors performing their duties.
279(6) Performance of person’s duties
Temporal interval for emergency call contractors.
(6) Section 278 does not prohibit a disclosure or use by a person of information or a document if: (a) the person is an emergency call contractor; and (b) the disclosure or use is made in the performance of the person’s duties as such a contractor.
Recognition for emergency call contractors.
Permission to disclose or use information.
Diffusion for emergency call contractors.
Recurring trace for emergency call contractors.
28 Designated radiocommunications facility
Facility is a network unit if used or for use to supply carriage service between points in Australia.
28(1) Designated radiocommunications facility
...to supply carriage service between a point in Australia and one or more other points in Australia.
Temporal relation between points in Australia
(1) If a designated radiocommunications facility is used, or is for use...
Classification of facility as network unit
...to supply carriage service between one or more other points in Australia.
It does not matter whether the supply involves the use of a satellite or the use of a line or other facility outside Australia.
28(2) Designated radiocommunications facility
28(3) Designated radiocommunications facility
a point includes land, underground, atmosphere, outer space, underwater, sea
(3) For the purposes of this section, a point includes...
a point includes a mobile or potentially mobile point
Includes mobile or potentially mobile points
Includes land, underground, atmosphere, outer space, underwater, sea
Designated radiocommunications facility definition
28(4) Designated radiocommunications facility
a designated radiocommunications facility
Definition of designated radiocommunications facility
(4) For the purposes of this section, a point that is:
280 Authorisation by or under law
Disclosure or use of information is permitted under law.
280(1) Authorisation by or under law
Temporal interval for permitted disclosures or uses.
(b) in any other case—the disclosure or use is required or authorised by or under law.
(1) Division 2 does not prohibit a disclosure or use of information or a document if...
Reference to enforcement agency's functions is taken to be a reference to the performance of the National Anti-Corruption Commissioner's functions.
280(1A) Authorisation by or under law
Disclosure of information or document permitted under certain conditions.
280(1B) Authorisation by or under law
281 Witnesses
Disclosure of information or documents by a witness summoned to give evidence or produce documents is permitted.
281(1) Witnesses
Disclosure of information or document by a person as a witness in a civil proceeding is permitted under certain conditions.
281(2) Witnesses
Temporal interval for disclosure purposes.
(b) is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:
Permission to disclose information or document by a person as a witness in a civil proceeding.
(iii) complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;
(iv) providing persons with access to their personal information in accordance with the Privacy Act 1988;
Recurring trace for disclosure purposes.
(ii) complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;
281(3) Witnesses
284 Assisting the ACMA, the eSafety Commissioner, the ACCC or
Disclosure of information or document to assist ACMA in carrying out its functions.
284(1) Assisting the ACMA, the eSafety Commissioner, the ACCC or
(1) Sections 276 and 277 do not prohibit a disclosure by a person of information or a document if: (a) the disclosure is made to, or to a member of the staff of, the ACMA; and (b) the information or document may assist the ACMA to carry out its functions or powers.
Disclosure made during ACMA's function execution.
Disclosure justified by assistance to ACMA.
Permission granted to disclose information or document.
Disclosure allowed under certain conditions.
Disclosure allowed until ACMA's function execution ends.
Disclosure of information or document is permitted under certain conditions.
284(1A) Assisting the ACMA, the eSafety Commissioner, the ACCC or
The disclosure is permitted if it occurs during the eSafety Commissioner's functions.
Temporal relationship between disclosure and assistance
The disclosure must be made during the eSafety Commissioner's functions.
The disclosure is permitted under certain conditions.
The disclosure is not required but permitted.
The disclosure is permitted if it assists the eSafety Commissioner.
Conditional relationship between disclosure and assistance
If the information or document assists the eSafety Commissioner, then it can be disclosed.
The disclosure is permitted if it occurs before that point.
The information or document may assist the eSafety Commissioner until a certain point.
Disclosure of information or document to ACCC staff for assistance with telecommunications functions and powers.
284(2) Assisting the ACMA, the eSafety Commissioner, the ACCC or
Assistance with telecommunications functions and powers
Permission to disclose information or document
Disclosure of information or document to Telecommunications Industry Ombudsman is permitted under certain conditions.
284(3) Assisting the ACMA, the eSafety Commissioner, the ACCC or
285 Integrated public number database
285(1) Integrated public number database
Disclosure of information from integrated public number database is permitted under certain conditions.
285(1A) Integrated public number database
Describes the temporal relationship between disclosure and conditions.
Disclosure of information from integrated public number database for emergency purposes is permitted.
285A Data for emergency warnings
Disclosure is allowed for emergency purposes.
the information or document consists of information contained in an integrated public number database;
Disclosure of certain information is permitted under specific conditions.
286 Calls to emergency service number
Indicates that disclosure is permitted under specific conditions
Disclosure or use of information is allowed under certain conditions to prevent a serious threat to life or health.
287 Threat to person’s life or health
Disclosure or use overlaps with the threat period.
Disclosure or use occurs during a serious threat period.
Permits disclosure or use under certain conditions.
Reasonable grounds exist to prevent a serious threat.
Disclosure or use of information is permitted if reasonably necessary for preservation of human life at sea or maritime communications purposes.
288 Communications for maritime purposes
Disclosure or use of information or document is permitted under certain conditions.
289 Knowledge or consent of person concerned
Permission to disclose or use information or document
29 Facilities specified in Ministerial determination
Minister may determine a facility as a network unit.
29(1) Facilities specified in Ministerial determination
The determination has effect accordingly.
29(2) Facilities specified in Ministerial determination
Nothing in other provisions limits power conferred by subsection (1)
29(4) Facilities specified in Ministerial determination
Disclosure or use of communication is allowed if sender and recipient would have consented.
290 Implicit consent of sender and recipient of communication
Permits disclosure or use of communication.
Sender and recipient would have consented.
291 Business needs of other carriers or service providers
Disclosure or use of information or document for specific purposes is permitted.
291(1) Business needs of other carriers or service providers
Indicates that disclosure or use is permitted under certain conditions.
Disclosure or use of information or document for specific purposes related to carriage service provision.
291(2) Business needs of other carriers or service providers
291A Location dependent carriage services
Disclosure of information or document for location-dependent carriage services
291A(1) Location dependent carriage services
Requires relation between identifiable temporal intervals for commencement
Disclosure or use of information is permitted for a specific purpose.
291A(2) Location dependent carriage services
Disclosure or use is made for a purpose of, or is connected with, the supply, or proposed supply, by a person of a location dependent carriage service.
The disclosure or use is made for a purpose of, or is connected with, the supply, or proposed supply, by a person of a location dependent carriage service.
(2) Sections 276 and 277 do not prohibit disclosure or use of information or a document.
Definition of integrated public number database and location dependent carriage service.
291A(3) Location dependent carriage services
Definition of integrated public number database implies existence of Telstra Limited's database or another person's database
292 Circumstances prescribed in the regulations
Disclosure or use of information or document is allowed under specified circumstances.
292(1) Circumstances prescribed in the regulations
Defines temporal interval for permitted disclosure or use.
(1) Section 276 does not prohibit a disclosure or use of information or a document in circumstances specified in the regulations.
Implicates permitted disclosure or use under specified circumstances.
Infers permitted disclosure or use under specified circumstances.
Allows disclosure or use of information or document under specified circumstances.
Propagates permitted disclosure or use under specified circumstances.
Permits disclosure or use of information in specified circumstances.
292(2) Circumstances prescribed in the regulations
Circumstances prescribed in the regulations
(2) Section 277 does not prohibit a disclosure or use of information or a document in circumstances specified in the regulations.
Section 277 permits disclosure or use in specified circumstances.
293 Uses connected with exempt disclosures
Permits use of information or document for disclosure purposes
293(1) Uses connected with exempt disclosures
if the use is made for the purposes of, or in connection with, a disclosure of the information or document by the person;
(1) Section 276 does not prohibit a use of information or a document
if because of this Division, the disclosure is not prohibited by section 276.
(b) because of this Division, the disclosure is not prohibited by section 276.
(a) the use is made for the purposes of, or in connection with, a disclosure of the information or document by the person;
293(2) Uses connected with exempt disclosures
if: (a) the use is made for the purposes of, or in connection with, a disclosure of the information or document by the person; and (b) because of this Division, the disclosure is not prohibited by section 277.
(2) Section 277 does not prohibit a use of information or a document
Describes exempt disclosures using CogAI
293(3) Uses connected with exempt disclosures
Exempts disclosure of information or document
Nothing in this Subdivision limits the generality of anything else.
294 Effect of this Subdivision
295 Burden of proof
Burden of proof for offences against Division 2
295(1) Burden of proof
Defendant bears evidential burden in relation to an exception
295(2) Burden of proof
295(3) Burden of proof
ACMA must make integrated public number database scheme
295A ACMA to make integrated public number database scheme
295B Scheme must deal with certain matters
295B(1) Scheme must deal with certain matters
Applicant must specify purpose for authorisation
295B(2) Scheme must deal with certain matters
Different provision for different kinds of authorization applications
295C Applications may be treated differently
295D Scope of authorisations
Provision for provisional and final authorisations
295E Provisional and final authorisations
295F Conditions
Imposes conditions on authorisation grant
Provision for varying or revoking authorisations
295G Varying or revoking authorisations
ACMA may make decisions of an administrative character.
295H Scheme may confer administrative powers on the ACMA
The administrative powers are defined as discretionary
Defines the nature of the administrative powers
The scheme may make provision for or in relation to a particular matter by empowering the ACMA to make decisions of an administrative character
The administrative powers are defined within the scheme's scope
Defines the scope of the administrative powers
The administrative powers are defined within the scheme's temporal scope
Defines the temporal scope of the administrative powers
295J Ancillary or incidental provisions
No implication that section 295A is limited by sections 295B to 295J.
295K Scheme-making power not limited
295L Variation of scheme
Scheme variation allowed under specific conditions.
295L(1) Variation of scheme
Does not limit application of subsection 33(3) to other instruments under this Act.
295L(2) Variation of scheme
295M Consultation
Consultation with relevant authorities before making the scheme.
295M(1) Consultation
The scheme must be made after consultation.
ACMA must consult the Information Commissioner and Secretary of the Department.
Consultation before making a decision under the scheme.
295M(2) Consultation
Decision under the scheme cannot be made without consultation
ACMA must consult persons before making a decision
295N Criteria for deciding authorisation applications
Minister must specify criteria for deciding authorisation applications.
295N(1) Criteria for deciding authorisation applications
Minister may specify different criteria for different kinds of authorisation applications.
295N(2) Criteria for deciding authorisation applications
Must apply criteria and may consider other relevant matters
295N(3) Criteria for deciding authorisation applications
(3) In deciding an authorisation application, the ACMA:
Minister may determine conditions for authorisation under integrated public number database scheme.
295P Conditions
(1) The Minister may, by legislative instrument...
Specify decisions under integrated public number database scheme
295Q Other reviewable decisions
Breach of authorisation condition results in an offence.
295R Offence of breaching a condition
The act or omission breaches a condition of the authorisation.
Condition breach occurs during the act or omission.
The person does an act or omits to do an act.
Condition breach is a necessary condition for the offence.
The person does not commit an offence unless they hold an authorisation.
Authorisation is a necessary condition for the offence.
The person is the holder of an authorisation under the integrated public number database scheme.
Condition breach is necessary for the offence if the person holds an authorisation.
Condition breach is a necessary condition for the offence until the act or omission ends.
295S Remedial directions for breaching a condition
Remedial directions for breaching a condition
295S(1) Remedial directions for breaching a condition
The ACMA may give a person a written direction requiring them to take specified action.
295S(2) Remedial directions for breaching a condition
Must not contravene a direction under subsection (2)
295S(3) Remedial directions for breaching a condition
(3) A person must not contravene a direction under subsection (2).
Civil penalty provision for breaching a condition
295S(4) Remedial directions for breaching a condition
A direction given under subsection (2) is not a legislative instrument.
295S(5) Remedial directions for breaching a condition
(5) A direction given under subsection (2)
Issue formal warning for breaching a condition
295T Formal warnings for breaching a condition
295U Report to Minister
ACMA must provide a report on compliance with the integrated public number database scheme.
295U(1) Report to Minister
Report confidential information to Minister
295U(2) Report to Minister
Minister must report to Parliament within 15 days
295U(3) Report to Minister
295V Use or disclosure of information by emergency management
Use or disclosure of information by emergency management for a purpose connected with persons being alerted to a likely emergency.
295V(1) Use or disclosure of information by emergency management
Permission to use or disclose information for a specific purpose.
Use or disclose relevant information for a purpose connected with persons being alerted to an emergency.
295V(2) Use or disclosure of information by emergency management
Use relevant information for a purpose connected with persons being alerted to an emergency.
Use or disclosure of information for reasonable testing of emergency alertness
295V(3) Use or disclosure of information by emergency management
Disclosure of relevant information to another person for a specific purpose.
295V(4) Use or disclosure of information by emergency management
295W Use or disclosure of information by other persons
Permitted use or disclosure of information for emergency purposes
295W(1) Use or disclosure of information by other persons
Permission to use or disclose information
Permitted use or disclosure of information for testing purposes.
295W(2) Use or disclosure of information by other persons
295W(3) Use or disclosure of information by other persons
Must take reasonable steps to ensure no adverse effect on telecommunications network.
295X Effect on telecommunications network
Disclosure of relevant information in relation to an emergency or likely emergency is taken as a disclosure for a purpose.
295Y Coronial and other inquiries
Use or disclosure of information by emergency management person is prohibited.
295Z Offence—use or disclosure of information by emergency
Prohibition of use or disclosure of information by emergency management person.
295ZA Offence—use or disclosure of information by other persons
Disclosing or using information without permission is an offence.
295ZA(1) Offence—use or disclosure of information by other persons
The temporal interval is from the time the person receives the information to the time they use or disclose it.
Temporal interval of when the person uses or discloses the information.
(b) the person uses or discloses the information;
The knowledge graph contains entries for permitted and prohibited information.
Knowledge graph of permitted and prohibited information.
(a) information is disclosed to the person as permitted by subsection 295V(1) or (2) or 295W(1); and
The use or disclosure referred to in paragraph (b) of this subsection is not for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
Prohibition of disclosing or using information without permission.
(a) information is disclosed to the person as permitted by subsection 295V(1) or (2) or 295W(1); and (b) the person uses or discloses the information;
The information spreads from the person to others through their actions.
Spread of information through use or disclosure.
The recurring trace is from the time the person receives the information to the present.
Recurring trace of when the person uses or discloses the information.
295ZA(2) Offence—use or disclosure of information by other persons
The temporal relation between information disclosure and use is that the use occurs after the disclosure.
Temporal relation between information disclosure and use.
(2) A person commits an offence if: (a) information is disclosed to the person as permitted by subsection 295V(3) or 295W(2); and (b) the person uses or discloses the information;
The use or disclosure referred to in paragraph (b) of this subsection is not for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
Information is disclosed to the person as permitted by subsection 295V(3) or 295W(2);
Prohibition of using or disclosing information for testing purposes.
Prohibition of using or disclosing information for emergency purposes.
(c) the use or disclosure referred to in paragraph (b) of this subsection is not for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
The recurring trace of information disclosure and use indicates that the person has committed an offence.
Recurring trace of information disclosure and use.
Disclosing information without permission is an offence.
295ZA(3) Offence—use or disclosure of information by other persons
Prohibition of disclosing information without permission.
295ZB Reports of access
Emergency management person must provide written report to AFP Minister and ACMA with specific information.
295ZB(1) Reports of access
Must report to AFP Minister and ACMA after last disclosure
295ZB(2) Reports of access
Annual report must be provided within 2 months after the end of a financial year.
295ZC Annual reports to the ACMA and Information
295ZD Arrangements with States and Territories
Makes arrangements with State or Territory Ministers regarding emergency management functions.
295ZD(1) Arrangements with States and Territories
An instrument for an arrangement under this section is not a legislative instrument.
295ZD(2) Arrangements with States and Territories
No action lies against the Commonwealth in relation to loss, damage or injury resulting from use or disclosure of relevant information for emergency purposes.
295ZE Commonwealth immunity
No action lies against the Commonwealth.
Must not disclose or use information except for permitted purpose.
296 Performance of person’s duties
Must not disclose or use information unless required or authorised by law.
297 Authorisation by or under law
Disclosure not permitted unless required or authorised
Disclosure permitted by section 280 or this section
299 Assisting the ACMA, the eSafety Commissioner, the ACCC or
Must not disclose or use information except for the purpose of carrying out ACMA's functions and powers.
299(1) Assisting the ACMA, the eSafety Commissioner, the ACCC or
Carrying out ACMA's functions and powers
Prohibition on disclosure or use of information
Must not disclose or use information except for specified purpose.
299(1A) Assisting the ACMA, the eSafety Commissioner, the ACCC or
Prohibits disclosure or use of information.
Disclosing information or a document without permission is prohibited.
299(2) Assisting the ACMA, the eSafety Commissioner, the ACCC or
299A Integrated public number database
Disclosing or using information without authorization is prohibited.
299A(1) Integrated public number database
Prohibits disclosure or use of information without authorization.
299A(2) Integrated public number database
...the person must not disclose or use the information or document except for that purpose;
Restriction on time period of disclosure or use.
(c) during the period the person holds an authorisation in force under the integrated public number database scheme in relation to the information or document—
...the person must not disclose or use the information or document;
Obligation to hold authorization for disclosure or use.
Prohibition of unauthorized disclosure or use.
(d) if the person does not hold such an authorisation—the person must not disclose or use the information or document.
Recurring restriction on disclosure or use.
Disclosing information for a permitted purpose is prohibited.
299A(3) Integrated public number database
Prohibits disclosure of information for a permitted purpose.
Promotes long-term interests of end-users and efficiency of the Australian telecommunications industry.
3 Objects
when read together with Parts XIB and XIC of the Competition and Consumer Act 2010.
During the commencement of this Act, the regulatory framework promotes long-term interests of end-users.
to provide a regulatory framework that promotes...
The regulatory framework implies the promotion of long-term interests of end-users.
The regulatory framework recognizes the promotion of long-term interests of end-users.
Promises to promote long-term interests of end-users and efficiency.
Classifies the objects of carriage services.
The regulatory framework diffuses the promotion of long-term interests of end-users.
30 Line links
30(1) Line links
A line link is constituted by two connected lines.
30(2) Line links
Line links are temporal relationships between two points
30(3) Line links
Lines must be connected in a specific way for communication to work.
30(4) Line links
Communication can be carried through facilities including the lines
Lines are connected at the same facility
Lines must be connected in a specific way
Lines are connected to each other or the same facility
A line does not form part of any line link to the extent that it is on the customer side of the boundary of a telecommunications network.
30(4A) Line links
A facility other than a line does not form part of any line link.
30(5) Line links
Facility other than a line does not form part of any line link.
300 Threat to person’s life or health
Disclosing personal info without consent is prohibited.
300(1) Threat to person’s life or health
The disclosure overlaps with the temporal interval of personal info protection.
The disclosure overlaps with a temporal interval of personal info protection.
(a) information or a document is disclosed to a person (the first person) as permitted by section 287 or this section;
Prohibits disclosure of personal info without consent.
Imposes an obligation on the state to protect personal info.
(b) the information or the contents of the document relate to the affairs or personal particulars (including any unlisted telephone number or any address) of another person.
The disclosure is recurrently prohibited.
Must not disclose or use information unless certain conditions are met.
300(2) Threat to person’s life or health
(ii) the first person believes on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious threat to the life or health of a person.
The first person must not disclose or use the information.
Belief of reasonable grounds for necessity
the first person believes on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious threat to the life or health of a person.
Disclosure of information or document is permitted for certain maritime purposes.
301 Communications for maritime purposes
Permits disclosure for certain maritime purposes.
Section 288 deals with the disclosure or use of information or documents where the disclosure or use is made for certain maritime purposes.
Disclosing or using information without permission is prohibited.
302 Business needs of other carriers or service providers
Permissible use is within a specific temporal interval.
Section 291 permits disclosure or use under certain conditions.
Disclosure or use is prohibited unless permitted by section 291.
302A Location dependent carriage services
Disclosing or using information or documents without permission is prohibited.
302A(1) Location dependent carriage services
The provision prohibits disclosure or use without permission.
Section 291A deals with the disclosure or use of information or documents for the purposes of the supply, or proposed supply, by a person of a location dependent carriage service.
Definition of location dependent carriage service
302A(2) Location dependent carriage services
Committing an offence punishable by imprisonment for a term not exceeding 2 years.
303 Secondary offence—contravening this Division
Nothing in this Division limits the generality of anything else in it.
303A Generality of Division not limited
303B Acts taken to be authorised by this Act for purposes of Privacy
Disclosure or use of information is authorized for Privacy Act purposes.
303B(1) Acts taken to be authorised by this Act for purposes of Privacy
Authorizes disclosure or use of information.
303B(2) Acts taken to be authorised by this Act for purposes of Privacy
303C Prosecution of an offence against this Part does not affect
No effect on civil proceedings or administrative action under Privacy Act 1988
303C(1) Prosecution of an offence against this Part does not affect
No effect on civil proceedings or administrative action
(1) The prosecution of an offence against Division 2 or 4 of this Part for disclosure or use of information or a document does not prevent civil proceedings or administrative action from being taken under the Privacy Act 1988 or a registered APP code (as defined in that Act) in relation to the disclosure or use.
Prosecution of an offence against this Part does not affect the applicability of this section.
303C(2) Prosecution of an offence against this Part does not affect
Applicability is unaffected regardless of outcome of prosecution.
Prosecution does not affect applicability, but may overlap with it.
Applicability can be inferred from prosecution.
If prosecution affects applicability, then applicability is unaffected.
Applicability is unaffected by outcome of prosecution.
Applicability spreads to all offences under this Part.
This section applies regardless of the outcome of the prosecution.
Applicability will be affected by future prosecutions.
Prosecution of an offence against this Part does not affect the operation of section 49 of the Privacy Act 1988.
303C(3) Prosecution of an offence against this Part does not affect
Implies that prosecution of an offence against this Part does not affect the operation of section 49 of the Privacy Act 1988.
(3) This section does not affect the operation of section 49 of the Privacy Act 1988.
Defines associate for carrier, carriage service provider, and number-database operator.
304 Associate
Authorisation notification for carriers and associates
305 Authorisations under the Telecommunications (Interception and
Temporal relationship between authorisation and notification
Authorisation made under Division 4 or 4A
Authorisation required for disclosure of information or document
306 Record of disclosures—general
Disclosures must be during Division 3 provisions
(i) a provision of Division 3 (other than section 279, 285, 285A, 290, 291 or 291A)
(a) an eligible person or an eligible number-database person discloses information or a document
306A Record of disclosures—prospective authorisation under the
Authorisation required for disclosure of information or documents.
306A(1) Record of disclosures—prospective authorisation under the
(1) This section applies if: (a) an eligible person or an eligible number-database person discloses information or a document; and (b) the disclosure or disclosures are authorised by an authorisation under section 180 or 180B of the Telecommunications (Interception and Access) Act 1979 (in so far as the authorisation is of a kind referred to in subsection 180(2) or 180B(2) of that Act).
Record of disclosures must be made by carriers, providers, and operators.
306A(2) Record of disclosures—prospective authorisation under the
Make a record of disclosure and provide copy to carrier within 5 days.
306A(3) Record of disclosures—prospective authorisation under the
Obligation to make record and provide copy.
Carrier must retain copy of record for 3 years.
306A(4) Record of disclosures—prospective authorisation under the
Carrier has a duty to retain copy of record.
name of person or persons who made disclosure, date of disclosure, grounds for disclosure, name of person who made authorisation and date of making
Record of disclosures—prospective authorisation under the Telecommunications Act 1997
306A(5) Record of disclosures—prospective authorisation under the
Record may be made, given or retained in written or electronic form.
306A(6) Record of disclosures—prospective authorisation under the
306A(7) Record of disclosures—prospective authorisation under the
307 Incorrect records
Do not make a record in an incorrect way.
307(1) Incorrect records
307(2) Incorrect records
Annual reports by carriers, carriage service providers or number-database operators
308 Annual reports to the ACMA by carriers, carriage service
309 Monitoring by the Information Commissioner
The Information Commissioner must monitor compliance with this Division.
309(1) Monitoring by the Information Commissioner
The Information Commissioner has a privacy function.
309(1A) Monitoring by the Information Commissioner
The Information Commissioner must monitor certain records.
309(2) Monitoring by the Information Commissioner
Carrier must provide access to records upon request of Information Commissioner.
309(3) Monitoring by the Information Commissioner
The Information Commissioner must provide a written report to the Minister.
309(4) Monitoring by the Information Commissioner
(4) The Information Commissioner may give the Minister a written report about any matters arising out of the performance of the function conferred by subsection (1).
The Information Commissioner must provide a written report.
31 Designated radiocommunications facility
310 Instrument-making powers not limited
No implication that limits instrument-making power
310(1) Instrument-making powers not limited
This Part does not limit a power conferred by or under this Act to make an instrument.
(1) This Part does not, by implication, limit a power conferred by or under this Act to make an instrument.
No implication on matters dealt with by codes or standards.
310(2) Instrument-making powers not limited
...the matters that may be dealt with by codes or standards in Part 6.
...limit the matters that may be dealt with...
(2) This Part does not, by implication...
Does not limit subsection 33(3B) of the Acts Interpretation Act 1901.
310(3) Instrument-making powers not limited
32 Public mobile telecommunications service
Service is a public mobile telecommunications service if certain conditions are met.
32(1) Public mobile telecommunications service
Carriage service is exempt if primary network supplies services between customer equipment and other such equipment.
32(2) Public mobile telecommunications service
The primary network's principal function must be during the carriage service period for it to be exempt.
Primary network's principal function is during the carriage service period.
(b) the principal function of the primary network is to supply carriage services between customer equipment connected to the primary network and other such equipment;
The carriage service is exempt if the primary network supplies services between customer equipment and other such equipment.
Exempts carriage services under certain conditions.
(a) the service is supplied by means of a telecommunications network (a primary network) that is connected to one or more line links or other facilities...
The primary network may supply services between customer equipment and other such equipment as an ancillary function for exemption purposes.
Permits primary network to supply services between customer equipment and other such equipment for exemption purposes.
(c) the supply of carriage services between such equipment and equipment connected to the network units is, at most, an ancillary function of the primary network;
The primary network must supply services between customer equipment and other such equipment for the carriage service to be exempt.
Defines a subclass of 'carriage service' for exemption purposes.
(2) For the purposes of this section, a carriage service is an exempt service if...
The primary network must be connected to one or more line links or other facilities for it to be exempt.
Defines a subclass of 'primary network' for exemption purposes.
The primary network must not be used in carrying a communication until the carriage service period ends.
Primary network cannot be used in carrying a communication between equipment connected to network units and other such equipment until the carriage service period ends.
(d) despite the connection or connections referred to in paragraph (a), the primary network cannot be used in carrying a communication, as a single transaction, between equipment connected to the network units and other such equipment;
Exempt carriage service is a one-way only, store-and-forward communications service.
32(3) Public mobile telecommunications service
33 Intercell hand-over functions
Telecommunications network must have intercell hand-over functions if it meets certain conditions.
33(1) Intercell hand-over functions
Network must have intercell hand-over functions.
(a) the facilities of the network include at least 2 base stations...
Network is a telecommunications network if it has intercell hand-over functions.
(1) For the purposes of this Act, a telecommunications network...
A carriage service is an eligible mobile telecommunications service if certain conditions are met.
33(2) Intercell hand-over functions
34 When a base station is part of a terrestrial radiocommunications
A base station is part of a terrestrial radiocommunications customer access network if certain conditions are met.
34(1) When a base station is part of a terrestrial radiocommunications
The base station is part of a terrestrial radiocommunications customer access network.
Base station must be part of a terrestrial radiocommunications customer access network.
(a) the base station is part of a telecommunications network;
The network does not have intercell hand-over functions.
Network does not have intercell hand-over functions.
(f) the network does not have intercell hand-over functions;
The service is wholly or principally used, or wholly or principally for use, by each end-user.
Service wholly or principally used, or wholly or principally for use, by each end-user.
(e) the service is wholly or principally used, or wholly or principally for use, by each end-user;
The base station is part of a telecommunications network.
Base station is part of a telecommunications network.
The customer equipment is not in physical contact with any part of the telecommunications network.
Customer equipment not in physical contact with any part of the telecommunications network.
(d) customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied;
(h) the network is not an exempt network (as defined by subsection (3)).
Exempt base station use for broadcasting services
34(2) When a base station is part of a terrestrial radiocommunications
Describes temporal relationship between conditions
(2) For the purposes of paragraph (1)(b), a base station is an exempt base station if...
Base station is an exempt base station if...
Describes logical implication between conditions
35 Fixed radiocommunications link
Definition of fixed radiocommunications link
35(1) Fixed radiocommunications link
Facility or combination has been used in connection with supply of carriage service for some time
Facility or combination is used in connection with supply of carriage service between 2 or more fixed points
Facility or combination is not part of a terrestrial radiocommunications customer access network
Facility or combination does not consist of one or more base stations that are part of a terrestrial radiocommunications customer access network
Facility or combination is not affected by paragraph 34(1)(h)
Facility or combination does not consist of one or more base stations that would be part of such a network if paragraph 34(1)(h) had not been enacted
Facility or combination is a fixed radiocommunications link
Facility or combination is used in connection with supply of carriage service
Facility or combination has double-ended interconnection
Some or all communications carried by facility or combination have characteristic of double-ended interconnection
Facility or combination has recurring double-ended interconnection
Definition of fixed point on land or building
35(2) Fixed radiocommunications link
Eligible network unit for double-ended interconnection
35(3) Fixed radiocommunications link
Interconnection occurs during communication
Temporal relation between communication and interconnection
Communication occurs before interconnection
35(4) Fixed radiocommunications link
36 Distinct places—basic rules
Places must be distinct unless they are all in the same area due to subsections (2), (3) or (4).
36(1) Distinct places—basic rules
(1) Places are distinct unless they are all in the same area because of subsection (2), (3) or (4).
Places in the same area if situated in the same property
36(2) Distinct places—basic rules
Places in the same area if within the same property
Places in the same area if they are situated in properties each of which forms part of a combined area as defined by section 38.
36(3) Distinct places—basic rules
(3) Places are in the same area if they are situated in properties each of which forms part of a combined area as defined by section 38 and:
combined area is an eligible combined area for the purposes of this paragraph.
(a) the same person or persons is or are the principal user (as defined by section 39) of all the properties that together constitute that combined area;
Identifies determination under section 40
(b) because of a determination in force under section 40, that combined area is an eligible combined area for the purposes of this paragraph.
Identifies temporal relationship between properties
Places in the same area if situated in the same eligible Territory.
36(4) Distinct places—basic rules
Later provisions of this Division have effect only for the purposes of this Division.
36(5) Distinct places—basic rules
have effect only for the purposes of this Division
37 Properties
Definition of property requiring a single freehold or leasehold title, no part subject to a lease, and defined by geographical coordinates.
37(1) Properties
Requires a single freehold or leasehold title, no part subject to a lease, and defined by geographical coordinates.
(a) there is a single freehold or leasehold title in relation to that area (whether or not that title is registered under a law of a State or Territory relating to the registration of interests in land);
A property is a single freehold or leasehold title in relation to an area of land, unless it is only part of another such area.
37(2) Properties
An area of land is a property if provided in this section.
37(3) Properties
There is no temporal interval between an area of land being considered a property and it not being considered a property unless provided in this section.
An area of land is not a property except as provided in this section.
There is no cognitive agent that considers an area of land to be a property unless provided in this section.
There is no obligation to consider an area of land as a property unless provided in this section.
There is no diffusion from an area of land being considered a property to it not being considered a property unless provided in this section.
There is no positive obligation to consider an area of land as a property unless provided in this section.
Circumstances for not constituting a property
37(4) Properties
Regulations may prescribe circumstances for land to be considered property.
37(5) Properties
Regulations may prescribe circumstances for land to be considered property during certain times.
(5) Despite paragraph (1)(c), the regulations may prescribe the circumstances in which an area of land, the title to which is defined otherwise than by reference to geographical coordinates, is a property.
37(6) Properties
land includes premises and a part of premises
Corresponding meaning for leasehold title
38 Combined areas
Combined areas must be defined by contiguous properties.
38(1) Combined areas
(1) 2 contiguous properties form a combined area.
Temporal relation between properties is not specified.
Definition of combined area is obligatory.
(2) 2 contiguous properties form a combined area.
Combined areas must be contiguous with another property that forms part of a combined area.
38(2) Combined areas
Property A and Property B are in the same combined area.
Temporal relationship between properties
Property A is contiguous with Property B.
39 Principal user of a property
39(1) Principal user of a property
The person who occupies the property during a certain period of time also uses it for its sole or principal purpose.
Describes the temporal relationship between occupation and use
(a) occupies the property; or (b) uses the property for the purpose that is the sole or principal purpose for which the property is used.
If a person occupies the property or uses it for its sole or principal purpose, then they are the principal user of the property.
Describes the logical implication of occupation and use
The person who occupies the property or uses it for its sole or principal purpose is the principal user.
The person who occupies the property and uses it for its sole or principal purpose also has a certain relationship with the property.
Describes the relationship between occupation and use
The person who occupies the property until a certain point in time also uses it for its sole or principal purpose.
39(2) Principal user of a property
they are taken to together be the principal user of the property.
Temporal relation between users and properties
(a) together occupy a property; or (b) together use a property for the purpose that is the sole or principal purpose for which the property is used;
Compilation information and notes on amendments, applications, saving, transitional provisions, editorial changes, presentational changes, modifications, and self-repealing provisions.
4 June 2026
Promotes industry self-regulation and avoids undue financial burdens.
4 Regulatory policy
Parliament promises to regulate telecommunications in a certain manner.
Requires temporal intervals for the compilation date and amendment history.
Classifies the compilation as a descriptive logic application.
40 Eligible combined areas
Owner of network unit must hold carrier licence unless exemption applies or nominated carrier declaration is in force.
41 Simplified outline
Exemption applies or nominated carrier declaration is in force
42 Network unit not to be used without carrier licence or nominated
Network unit cannot be used without carrier licence or nominated declaration.
42(1) Network unit not to be used without carrier licence or nominated
Prohibits the use of network unit without carrier licence or nominated declaration.
Owner must not allow or permit another person to use the unit without a carrier licence or nominated carrier declaration.
42(2) Network unit not to be used without carrier licence or nominated
...must not allow or permit another person...
Owner must not use network unit to supply carriage service without carrier licence or nominated carrier declaration.
42(3) Network unit not to be used without carrier licence or nominated
(3) If there are 2 or more owners of a network unit, an owner of the network unit must not use the unit...
Owner must not allow or permit another person to use the network unit without a carrier licence or nominated carrier declaration.
42(4) Network unit not to be used without carrier licence or nominated
...unless: (a) the owner holds a carrier licence; or (b) a nominated carrier declaration is in force in relation to the unit.
Temporal interval for network unit use without carrier licence or nominated carrier declaration.
(4) If there are 2 or more owners of a network unit, an owner of the network unit must not...
Implication of network unit use without carrier licence or nominated carrier declaration on owner obligations.
Prohibition of using the network unit without a carrier licence or nominated carrier declaration.
Obligation of network unit owners to ensure compliance with carrier licence or nominated carrier declaration.
Recurring trace for network unit use without carrier licence or nominated carrier declaration.
Using network unit without carrier licence or nomination is prohibited.
42(5) Network unit not to be used without carrier licence or nominated
commits an offence punishable on conviction by a fine not exceeding 20,000 penalty units.
(5) A person who contravenes subsection (1), (2), (3) or (4)
A person who contravenes subsection (1), (2), (3) or (4) commits an offence punishable on conviction by a fine not exceeding 20,000 penalty units.
A person who contravenes subsection (1), (2), (3) or (4) commits an offence punishable by a fine not exceeding 20,000 penalty units.
Continuing contravention of section 42 is a separate offence.
43 Continuing offences
44 Supply to the public
Circumstances for network unit to be used to supply carriage service to the public
44(1) Supply to the public
44(2) Supply to the public
There is an obligation to supply to the public within a certain time frame.
The unit must be used for the specified purposes within a certain time frame.
There is an obligation to supply to the public and apply artificial intelligence.
The unit must be used for the specified purposes, and this application must be applied by artificial intelligence.
There is an obligation to supply to the public.
The unit must be used for the specified purposes.
There is an obligation to supply to the public and diffuse information.
The unit must be used for the specified purposes, and this information must be disseminated to the public.
There is an obligation to supply to the public until a certain point in time.
The unit must be used for the specified purposes until a certain point in time.
If there are 2 or more owners of a network unit,
44(3) Supply to the public
An owner must provide supply to the public.
There are 2 or more owners of a network unit.
45 Exemption—defence
45(1) Exemption—defence
(1) If the sole use of a network unit is use by, or on behalf of, a defence organisation...
Exemption is recognised for this network unit.
Exemption for defence organisation use of network unit
45(2) Exemption—defence
45(3) Exemption—defence
Exempts certain intelligence operations from Section 42.
46 Exemption—intelligence operations
47 Exemption—transport authorities
47(1) Exemption—transport authorities
Exemption for network units used by State or Territory transport authorities
47(3) Exemption—transport authorities
...if the sole use of the unit is use by a State or Territory transport authority...
Defines a temporal interval for the exemption
(3) Section 42 does not apply to a network unit if the sole use of the...
Defines a cognitive AI pattern for the exemption
Imposes an obligation on State or Territory transport authorities
(3) Section 42 does not apply to a network unit...
Defines a diffusion pattern for the exemption
Defines a recurring trace for the exemption
Exemption for rail corporations carrying communications necessary or desirable for train services.
47(4) Exemption—transport authorities
Exemption for network units used by Airservices Australia and carriers/ exempt users.
47(5) Exemption—transport authorities
47(7) Exemption—transport authorities
...to carry communications necessary or desirable for the workings of any or all of the following services...
(7) Section 42 does not apply to a network unit if...the principal use of the unit is use by a State or Territory transport authority...
Establishes the relationship between network unit use and exemption
Analyzes the relationship between network unit use and exemption
Imposes a duty on State or Territory transport authorities
Describes how exemption applies to network units
Exemption for network units used by rail corporations and carriers.
47(8) Exemption—transport authorities
47(9) Exemption—transport authorities
that manages or operates rail transport services or infrastructure
that manages or operates both rail transport services and infrastructure
Exemption for broadcasting services based on necessary or desirable purposes
48 Exemption—broadcasting services
49 Exemption—electricity supply bodies
Defines carrier and service provider under the Act.
5 Simplified outline
50 Exemption—line links authorised by or under previous laws
Exemption for line links with existing authorisation
50(1) Exemption—line links authorised by or under previous laws
50(2) Exemption—line links authorised by or under previous laws
Date of repeal of the Telecommunications Act 1975
Exemption for line links installed before repeal of section 45 of the Telecommunications Act 1989.
50(3) Exemption—line links authorised by or under previous laws
These line links were in operation during the relevant period.
Exemption applies to facilities installed during specified period.
Section 45 of the Telecommunications Act 1989 was repealed before installation.
This exemption is a specific instance of an obligation.
Exemption can be classified as a specific type of obligation.
Section 45 of the Telecommunications Act 1989 permits maintenance and operation of facilities.
Section 42 does not apply to these line links.
Exempts line links from section 42 of the Act.
These line links meet the exemption criteria if they satisfy the specified conditions.
Exemption applies if facilities meet specified conditions.
These line links remain exempted until modification or replacement.
Exemption applies until facilities are modified or replaced.
Facilities installed before repeal of section 45 were permitted by that section.
50(4) Exemption—line links authorised by or under previous laws
the sole use of the line link is use as provided in, and in accordance with any conditions specified in, the authorisation;
section 42 of this Act does not apply to the line link.
Justifies the exemption based on the conditions
Imposes an obligation on the state to exempt line links with existing authorisation
50(5) Exemption—line links authorised by or under previous laws
...and the principal use of the line link is use as provided in, and in accordance with any conditions specified in, the authorisation;
Line link must be used during period when previous authorisation was in force
(5) If: a line link consists of facilities in relation to which an authorisation was in force...
Line link must comply with conditions of previous authorisation
Line link must not be used for purposes other than those specified in previous authorisation
Line link must comply with all conditions specified in previous authorisation
Line link must cease use when previous authorisation expires
51 Exemption—Ministerial determination
Minister may determine exemption from section 42
51(1) Exemption—Ministerial determination
Temporal relation between section 42 and exemption determination
(1) The Minister may, by legislative instrument, determine that section 42 does not apply in relation to:
Determination under this section may be unconditional or subject to conditions.
51(2) Exemption—Ministerial determination
51(3) Exemption—Ministerial determination
Eligible entities may apply for a carrier licence.
52 Applications for carrier licence
Application must be in writing and in accordance with approved form.
53 Form of application etc.
53A Copy of application to be given to Communications Access
ACMA must give a copy of the application to a Communications Access Coordinator.
53A(1) Copy of application to be given to Communications Access
Application must be given to Communications Access Coordinator
53A(2) Copy of application to be given to Communications Access
The application must be given to the Communications Access Coordinator.
An application must be accompanied by the charge imposed on it.
54 Application to be accompanied by charge
Application must be accompanied by charge.
55 Further information
Request for further information from applicant within a specified period.
55(1) Further information
ACMA may refuse to consider application until applicant provides information.
55(2) Further information
ACMA has an obligation to refuse application until applicant provides information.
55(3) Further information
business day is during ACMA's business hours
56 Grant of licence
Grant of carrier licence upon application.
56(1) Grant of licence
ACMA must provide written notice upon granting carrier licence.
56(2) Grant of licence
ACMA must publish notice stating licence has been granted
56(3) Grant of licence
56A Consultation with Communications Access Coordinator
Must consult Communications Access Coordinator before granting a carrier licence.
56A(1) Consultation with Communications Access Coordinator
Notice of no further consultation required within 15 business days
56A(2) Consultation with Communications Access Coordinator
ACMA must not grant carrier licence while notice remains in force.
56A(3) Consultation with Communications Access Coordinator
56A(4) Consultation with Communications Access Coordinator
ACMA may revoke notice under subsection (3) or (4)
56A(5) Consultation with Communications Access Coordinator
Communications Access Coordinator must revoke notice
Notice under subsection (3) or (4) is revoked
Communications Access Coordinator has authority to revoke notices
Communications Access Coordinator must revoke notice upon ACMA request
Cannot issue further notice after revocation
56A(6) Consultation with Communications Access Coordinator
56A(7) Consultation with Communications Access Coordinator
ACMA cannot grant carrier licence while notice is in force
56A(8) Consultation with Communications Access Coordinator
56A(9) Consultation with Communications Access Coordinator
(9) In this section: business day means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.
Definition of business day as a normative concept
Definition of business day as a concept that can be understood by artificial intelligence systems
(9) In this section:business day means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.
Definition of business day as a concept that can be applied to different contexts
Deemed carrier licence—designated Telstra successor
56AA Deemed carrier licence—designated Telstra successor
57 Carrier licence has effect subject to this Act
Carrier licence has effect subject to this Act.
57(1) Carrier licence has effect subject to this Act
The carrier licence is subject to the Act.
(1) A carrier licence has effect subject to this Act.
This Act includes other laws and regulations.
57(2) Carrier licence has effect subject to this Act
Telecommunications (Consumer Protection and Service Standards) Act 1999
Regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999
Refusal of carrier licence for disqualified applicant
58 Refusal of carrier licence—disqualified applicant
Defines a temporal interval for the refusal of a carrier licence
(1) The ACMA may refuse to grant a carrier licence...
Implies that the refusal of a carrier licence is contingent on the applicant being disqualified
The ACMA may refuse to grant a carrier licence...
Infers that the refusal of a carrier licence is based on the disqualification of an applicant
Prohibits granting a carrier licence to a disqualified applicant
Spreads the information that an applicant is disqualified before granting a carrier licence
58A Refusal of carrier licence—security
Grant of carrier licence to a particular person would be prejudicial to security.
58A(1) Refusal of carrier licence—security
The grant of a carrier licence occurs during the period where national security is at risk.
Identifies temporal intervals where the grant of a carrier licence would be prejudicial to security.
(1) If the Home Affairs Minister, after consulting the Prime Minister and the Minister administering this Act...
The CogAI system recognises the Home Affairs Minister's expertise in national security.
Recognises the Home Affairs Minister's authority in determining who can be granted a carrier licence.
The grant of a carrier licence to the person would be prejudicial to security.
The information spreads that granting a carrier licence to the individual would be prejudicial to security.
Diffuses information about individuals who would be granted a carrier licence if it were not for the Home Affairs Minister's direction.
The pattern of granting carrier licences to individuals with potential threats to national security recurs.
Identifies recurring patterns in the grant of carrier licences that would be prejudicial to security.
Comply with direction under subsection (1)
58A(2) Refusal of carrier licence—security
...with a direction under subsection (1).
ACMA cannot reconsider non-compulsory refusal to grant carrier licence
58A(3) Refusal of carrier licence—security
59 Time limit on licence decision
Refusal of licence decision within deadline
59(1) Time limit on licence decision
(1) If the ACMA neither grants, nor refuses to grant...
Time limit for ACMA decision on licence application
59(2) Time limit on licence decision
Determines deadline for licence decision based on section 56A notice
59(3) Time limit on licence decision
Deadline for licence decision after complying with section 55 request
59(4) Time limit on licence decision
Deadline for licence decision if section 56A notice is in force
59(5) Time limit on licence decision
then the deadline day is the fifth business day after the section 56A expiration day.
Section 59(5) specifies a temporal interval for the deadline day
(5) If: (a) the ACMA gave a section 55 request; and (b) the request was complied with; and (c) there is a section 56A notice in force at the end of the tenth business day after the day on which the request was complied with;
Section 59(5) classifies as a subclass of Section 55 requests
Obligation to comply with section 56A notice
(5) If the ACMA gave a section 55 request; and (b) the request was complied with; and (c) there is a section 56A notice in force at the end of the tenth business day after the day on which the request was complied with;
Section 59(5) specifies a condition for the deadline day if certain conditions are met
Section 59(5) specifies a temporal interval for the deadline day until the section 56A expiration day
6 Main index
ACMA must give written notice of refusal to applicant.
60 Notification of refusal of application
Carrier licence is subject to conditions in Schedule 1.
61 Conditions of carrier licence specified in Schedule 1
Carrier licence is subject to conditions.
Carrier licence subject to condition set out in section 152AZ of the Competition and Consumer Act 2010.
62 Condition of carrier licence set out in section 152AZ of the
Carrier licence is subject to a condition.
Carrier licence subject to condition set out in section 152BCO.
62A Condition of carrier licence set out in section 152BCO of the
Carrier licence subject to condition set out in section 152BDF.
62B Condition of carrier licence set out in section 152BDF of the
Carrier licence is subject to condition.
Carrier licence subject to condition set out in section 152BEC.
62C Condition of carrier licence set out in section 152BEC of the
Carrier licence subject to condition set out in section 152CJC of the Competition and Consumer Act 2010.
62D Condition of carrier licence set out in section 152CJC of the
Condition of carrier licence set out in section 37 of the National Broadband Network Companies Act 2011.
62E Condition of carrier licence set out in section 37 of the National
63 Conditions of carrier licence declared by Minister
Conditions applying to specified existing carrier licences
63(1) Conditions of carrier licence declared by Minister
Conditions applying to specified future carrier licences
63(2) Conditions of carrier licence declared by Minister
63(3) Conditions of carrier licence declared by Minister
63(4) Conditions of carrier licence declared by Minister
Variation of instrument conditions by Minister
63(5) Conditions of carrier licence declared by Minister
Permission to vary instrument conditions
Minister may revoke instrument under subsections (1), (2) or (3)
63(6) Conditions of carrier licence declared by Minister
Minister must provide copy of instrument to licence holder
63(7) Conditions of carrier licence declared by Minister
Instrument creation is contingent on certain conditions being met
(7) As soon as practicable after the Minister makes an instrument under subsection (1), (2), (5) or (6) that relates to a licence, the Minister must give the holder of the licence a copy of the instrument.
Minister requires action upon creation of instrument
Copy of instrument is spread to licence holder upon creation of instrument
63A Conditions of a carrier licence held by Telstra Limited
Conditions of a carrier licence held by Telstra Limited until declaration takes effect
63A(1) Conditions of a carrier licence held by Telstra Limited
63A(2) Conditions of a carrier licence held by Telstra Limited
the conditions set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 overlap with the period during which the declaration takes effect
Conditions overlap with declaration period
(2) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:
the carrier licence is subject to the conditions set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019
the conditions set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 repeat until the declaration takes effect
Conditions repeat until declaration takes effect
If a carrier licence held by Telstra is subject to a condition, the first company is taken to have complied with that condition.
63A(3) Conditions of a carrier licence held by Telstra Limited
If a licence is subject to a condition, then the first company complies with that condition.
63A(4) Conditions of a carrier licence held by Telstra Limited
Conditions of a carrier licence held by Telstra Limited
63A(5) Conditions of a carrier licence held by Telstra Limited
...is (whether in accordance with subsection (4) of this section or otherwise) subject to:
(5) If: a carrier licence held by a particular Telstra company...
...is (whether in accordance with subsection (4) of this section or otherwise) subject to: i) a condition set out in an interim Telstra carrier licence condition declaration; or ii) an interim condition set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019;
Has obligation to comply with conditions
Has temporal relation with interim conditions
64 Consultation about declared licence conditions
Submissions from licence holder within a specified time limit
Minister must consult with licence holder before making an instrument under certain subsections.
64(1) Consultation about declared licence conditions
Minister has an obligation to consult with the licence holder
Must provide at least 30 days' notice for declared licence conditions.
64(2) Consultation about declared licence conditions
Submissions from applicant within specified time limit
Minister must consult applicant before making instrument under subsection 63(3)
64(3) Consultation about declared licence conditions
Minister must take action before making instrument
65 Conditions about foreign ownership or control
Foreign ownership or control condition for carrier licence
65(1) Conditions about foreign ownership or control
Applies to temporal intervals for foreign ownership or control conditions
(1) A condition of a carrier licence may relate to the extent of foreign ownership or control (whether direct or indirect) of the holder.
Applies to cognitive AI for foreign ownership or control conditions
Applies to diffusion of information for foreign ownership or control conditions
Applies to ordered temporal intervals for foreign ownership or control conditions
Does not limit conditions declared under section 63 by implication.
65(2) Conditions about foreign ownership or control
A condition of a carrier licence has effect subject to provisions under the Radiocommunications Act 1992.
67 Carrier licence conditions—special provisions
68 Compliance with conditions
Carrier must not contravene a condition of the carrier licence.
68(1) Compliance with conditions
68(2) Compliance with conditions
Temporal overlap between prohibited actions
(a), (b), and (c) are all related to contraventions of subsection (1)
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1);
Prohibition on being knowingly concerned in contraventions
(c) be in any way, directly or indirectly, knowingly concerned in, nor party to, a contravention of subsection (1);
Prohibition on conspiring to contravene subsection (1)
(d) conspire with others to effect a contravention of subsection (1);
68(3) Compliance with conditions
69 Remedial directions—breach of condition
Carrier must comply with licence conditions if contravening them.
69(1) Remedial directions—breach of condition
Carrier has an obligation to comply with licence conditions.
Written direction requiring carrier to take specified action
69(2) Remedial directions—breach of condition
Direction to implement administrative systems for monitoring compliance with a condition of the licence.
69(3) Remedial directions—breach of condition
Obligation to implement administrative systems.
Carrier must not contravene a direction under subsection (2).
69(4) Remedial directions—breach of condition
(4) A carrier must not contravene a direction under subsection (2).
Exempts certain conditions from subsection (1)
69(4A) Remedial directions—breach of condition
Exempts a condition from subsection (1) of section 369.
69(5) Remedial directions—breach of condition
69(5A) Remedial directions—breach of condition
69(6) Remedial directions—breach of condition
Exempts a specific condition from the breach of condition provision.
69(6B) Remedial directions—breach of condition
69AA Remedial directions—breach of conditions relating to access
Carrier must comply with conditions of licence
69AA(1) Remedial directions—breach of conditions relating to access
(a) a carrier has contravened, or is contravening, a condition of the carrier licence held by the carrier;
Carrier has a duty to comply with conditions
The ACCC may give the carrier a written direction requiring the carrier to take specified action.
69AA(2) Remedial directions—breach of conditions relating to access
Carrier must implement administrative systems for monitoring compliance with the condition.
69AA(3) Remedial directions—breach of conditions relating to access
Carrier must implement administrative systems.
Preventing ACCC from giving a direction that would prevent Telstra from complying with an undertaking.
69AA(4) Remedial directions—breach of conditions relating to access
Direction would prevent Telstra from complying with an undertaking.
Direction would have the effect of preventing Telstra from complying with an undertaking.
Prevents ACCC from giving a direction that would prevent Telstra from complying with an undertaking.
ACCC must not give a direction under subsection (2).
If ACCC gives a direction, then it would prevent Telstra from complying with an undertaking.
Defines terms related to telecommunications and ACMA's functions.
7 Definitions
ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25-5(5) of the Australian Charities and Not-for-profits Commission Act 2012.
For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.
70 Formal warnings—breach of condition
Carrier must issue formal warning for breach of condition
70(1) Formal warnings—breach of condition
Carrier has an obligation to issue formal warning
Exempts certain conditions from subsection (1) of section 70(1A)
70(1A) Formal warnings—breach of condition
70(2) Formal warnings—breach of condition
Section 369 deals with Rules of Conduct under section 367.
70(2A) Formal warnings—breach of condition
Describes the temporal relationship between conditions
70(3) Formal warnings—breach of condition
Subsection (1) does not apply to certain conditions
Exempts a specific condition from the general breach of condition rule.
70(3B) Formal warnings—breach of condition
Subsection (1) does not apply to this condition after the specified date
Describes a temporal relationship between two events
The exemption is effective from the date of commencement
Subsection (1) does not apply to this condition
Identifies a specific obligation or prohibition
The exemption is a specific case of the general breach rule
Exemption from breach of condition for standard access obligations
70(4) Formal warnings—breach of condition
Exemption implies obligation to comply with standard access obligations
Exemption from subsection (1) for access determinations under section 152BCO of the Competition and Consumer Act 2010.
70(4A) Formal warnings—breach of condition
Exempts access determinations from subsection (1)
Section 152BCO of the Competition and Consumer Act 2010 deals with access determinations.
Exemption from subsection (1) for certain rules of conduct
70(4B) Formal warnings—breach of condition
Exempts subsection (1) for certain rules of conduct
Section 152BDF of the Competition and Consumer Act 2010 deals with binding rules of conduct.
State is under obligation to comply with section 152BDF
State is exempted from duty to comply with section 152BDF
Exempts access agreements from subsection (1)
70(4C) Formal warnings—breach of condition
The condition starts at this point in time
Defines a temporal interval for this section
Exemption from subsection (1) for a specific condition
70(4D) Formal warnings—breach of condition
The exemption is applicable after subsection (1)
Temporal relationship between subsection (1) and the exemption
Subsection (1) does not apply to the condition set out in section 152CJC
Equality of the exemption and the condition
The exemption is less than or equal to the condition
Inequality of the exemption and the condition
The exemption is applicable before subsection (1)
Exemption from subsection (1) for certain conditions set out in section 37 of the National Broadband Network Companies Act 2011.
70(4E) Formal warnings—breach of condition
70(4F) Formal warnings—breach of condition
Carrier may surrender carrier licence by written notice.
71 Surrender of carrier licence
72 Cancellation of carrier licence
Failure to pay annual charge on or before due date results in cancellation of carrier licence.
72(1) Cancellation of carrier licence
Charge becomes due and payable on or after the specified date.
Charge becomes due and payable on or after a specific date.
Date of charge becoming due and payable is specified.
Carrier must pay on or before due date to avoid cancellation.
No carrier can avoid licence cancellation by paying late.
Annual charge becomes due and payable on a specific date.
Annual charge is equal to the specified charge.
Defines annual charge as charge imposed by Part 3 of the Telecommunications (Carrier Licence Charges) Act 1997.
Annual charge is a specific type of charge.
No carrier can pay late and avoid licence cancellation.
Carrier pays annual charge on or before due date.
All carriers must pay annual charge on or before due date to avoid licence cancellation.
Failure to pay industry levy results in cancellation of carrier licence.
72(2A) Cancellation of carrier licence
Cancellation of carrier licence if funding charge is not paid on time.
72(2B) Cancellation of carrier licence
...on or before the date on which the funding charge becomes due and payable.
Funding charge becomes due and payable on a specific date.
The ACMA may cancel a carrier licence held by a carrier...
if the carrier fails to pay in full any funding charge...
Prohibits cancellation of carrier licence if funding charge is not paid on time.
(2B) The ACMA may cancel a carrier licence held by a carrier...
...if the carrier fails to pay in full any funding charge...
Carrier has an obligation to pay funding charge on time.
...the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
Classifies funding charge as a charge imposed by the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
For this purpose, funding charge means charge...
Cancellation of carrier licence is diffuse over time.
Funding charge is recurring and must be paid on time.
ACMA may cancel carrier licence if holder becomes disqualified body corporate
72(3) Cancellation of carrier licence
Cancellation occurs at this point in time
Defines temporal interval for cancellation
(3) If the holder of a carrier licence becomes a disqualified body corporate...
Implicates cancellation if holder is disqualified body corporate
Holder is recognised as disqualified body corporate
Recognises holder as disqualified body corporate
Prohibits cancellation of carrier licence
Cancellation is diffused to all relevant parties
Diffuses cancellation to all relevant parties
ACMA may cancel carrier licence if holder becomes disqualified partnership
72(4) Cancellation of carrier licence
Must be a constitutional corporation to hold carrier licence
72(5) Cancellation of carrier licence
(5) If, at a particular time, the holder of a carrier licence is none of the following:
73 Collection of charges relating to carrier licences
Annual charge due and payable when application charge is due.
73(1) Collection of charges relating to carrier licences
Annual charge must be paid within a specific time frame.
Annual charge must be paid during the period when application charge is due and payable.
Late payment penalty means an amount that is payable by way of penalty in accordance with a determination under subsection (4).
Obligation to pay annual charge when application charge is due.
There is an obligation to pay annual charge when application charge is due and payable.
When application charge is due and payable, annual charge must be paid.
There is an obligation to pay late payment penalty when late payment penalty is payable.
Annual charge is a type of charge imposed by Part 3 of the Telecommunications (Carrier Licence Charges) Act 1997.
Annual charge means charge imposed by Part 3 of the Telecommunications (Carrier Licence Charges) Act 1997.
Application charge due and payable when application is made.
73(2) Collection of charges relating to carrier licences
73(3) Collection of charges relating to carrier licences
Temporal relation of annual charge payment
(3) Annual charge is due and payable at the time ascertained in accordance with a written determination made by the ACMA.
Artificial agent recognizes annual charge payment
Schema validation of annual charge payment
73(4) Collection of charges relating to carrier licences
The amount unpaid is computed from that time.
Penalty applies during the period after which the charge became due
(4) The ACMA may, by written instrument...
The person is liable to pay to the Commonwealth...
Penalty applies if annual charge remains unpaid after it became due
Remission of penalty after determination under subsection (4)
73(5) Collection of charges relating to carrier licences
73(6) Collection of charges relating to carrier licences
Annual charge, application charge and late payment penalty are payable to the ACMA on behalf of the Commonwealth.
73(7) Collection of charges relating to carrier licences
Defines the temporal scope of the obligation
(7) Annual charge, application charge and late payment penalty are payable to the ACMA on behalf of the Commonwealth.
Justifies the obligation through logical reasoning
Spreads the obligation through related concepts
73A Refund of application charge
Refund of application charge if application lapses or is refused
73A(1) Refund of application charge
Must refund application charge to applicant
73A(2) Refund of application charge
(2) The ACMA, on behalf of the Commonwealth, must refund the application charge to the applicant.
The Consolidated Revenue Fund is appropriated for payments under this section.
73A(3) Refund of application charge
The Consolidated Revenue Fund is appropriated.
73A(4) Refund of application charge
ACMA may collect payments on behalf of the Commonwealth.
74 Collection of charges on behalf of the Commonwealth
75 Cancellation of certain exemptions from charge
Cancels exemptions from charge liability
75(1) Cancellation of certain exemptions from charge
Cancellation of certain exemptions from charge does not apply if another Act refers to the Telecommunications (Carrier Licence Charges) Act 1997.
75(2) Cancellation of certain exemptions from charge
76 Commonwealth not liable to charge
The Commonwealth is not liable to pay charge imposed by the Telecommunications (Carrier Licence Charges) Act 1997.
76(1) Commonwealth not liable to charge
The Commonwealth is not liable to charge for certain authorities.
76(2) Commonwealth not liable to charge
This is a temporal interval during which the Commonwealth is not liable to charge.
The section defines a temporal interval during which the Commonwealth is not liable to charge.
(2) A reference in this section to the Commonwealth includes a reference to an authority of the Commonwealth that cannot, by law of the Commonwealth, be made liable to taxation by the Commonwealth.
This recognizes a pattern of non-liability for taxation in the Commonwealth.
The section recognizes a pattern of non-liability for taxation in the Commonwealth.
If the Commonwealth is not liable to charge, then it cannot be taxed.
This is an authority that cannot be taxed.
This section defines a subclass of 'authority' that cannot be taxed.
This spreads knowledge about the Commonwealth's non-liability to charge.
The section spreads knowledge about the Commonwealth's non-liability to charge.
This is a recurring pattern of non-liability for taxation.
The section defines a recurring pattern of non-liability for taxation.
Carrier may apply for nominated carrier declaration.
77 Applications for nominated carrier declarations
78 Application to be accompanied by charge etc.
charge, consent of network owners, election of applicant
Application must be accompanied by charge, consent of network owners, and acceptance responsibility.
78(1) Application to be accompanied by charge etc.
Application must be accompanied by charge etc.
78(2) Application to be accompanied by charge etc.
Obligation to provide application with charge etc.
Includes Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
Application, consent and election must be in writing.
79 Form of application etc.
8 Crown to be bound
8(1) Crown to be bound
The Crown is obligated to comply with the Act.
The Crown is not liable to a pecuniary penalty or prosecution for an offence.
8(2) Crown to be bound
The Act does not make the Crown liable to a pecuniary penalty during its existence.
The Act does not make the Crown liable to a pecuniary penalty.
Protection in subsection (2) does not apply to an authority of the Crown.
8(3) Crown to be bound
The protection in subsection (2) overlaps with the authority of the Crown.
Indicates that the protection in subsection (2) overlaps with the authority of the Crown.
(3) The protection in subsection (2) does not apply to an authority of the Crown.
The CogAI recognizes the authority of the Crown as exempt from protection in subsection (2).
Indicates that the CogAI recognizes the authority of the Crown as exempt from protection in subsection (2).
The protection in subsection (2) does not apply to an authority of the Crown.
Excludes protection in subsection (2) from the Crown.
The protection in subsection (2) diffuses to the authority of the Crown.
Indicates that the protection in subsection (2) diffuses to the authority of the Crown.
The protection in subsection (2) repeats for the authority of the Crown.
Indicates that the protection in subsection (2) repeats for the authority of the Crown.
80 Further information
80(1) Further information
80(2) Further information
81 Making a nominated carrier declaration
The ACMA may declare the applicant as the nominated carrier if they can comply with obligations and will not impede administration.
81(1) Making a nominated carrier declaration
...the network units if the ACMA is satisfied that:
The applicant can comply with obligations.
(a) if the declaration were made, the applicant would be in a position to comply with all of the obligations imposed on the applicant...
The declaration must not impede administration.
(b) the making of the declaration will not impede the efficient administration of this Act.
Only one carrier can be declared as the nominated carrier.
81(2) Making a nominated carrier declaration
Must give a copy of declaration to applicant and owners of network units.
81(3) Making a nominated carrier declaration
81(4) Making a nominated carrier declaration
Includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
81(5) Making a nominated carrier declaration
81A Obligations of nominated carrier
The Act applies to the nominated carrier in relation to network units as if they were owned or operated by the nominated carrier.
81A(1) Obligations of nominated carrier
Imposes a duty on the State to ensure the nominated carrier operates or owns network units.
No effect on other persons owning or operating network units.
81A(2) Obligations of nominated carrier
ACMA must give written notice of refusal to applicant and owners of network units.
82 Notification of refusal of application
ACMA prohibits refusing to make a nominated carrier declaration.
83 Revocation of nominated carrier declaration
Revocation of nominated carrier declaration
83(1) Revocation of nominated carrier declaration
Prohibits revoking a nominated carrier declaration
83(2) Revocation of nominated carrier declaration
Defines temporal interval for revocation
(2) The ACMA must, by writing, revoke the nominated carrier declaration relating to a nominated carrier and relating to one or more network units if:
Applies reasoning to revocation based on consent
Must provide revocation to former nominated carrier and owners of network units.
83(3) Revocation of nominated carrier declaration
Publishing a copy of revocation in the Gazette.
83(4) Revocation of nominated carrier declaration
Revocation of nominated carrier declaration takes effect on the specified date.
83(5) Revocation of nominated carrier declaration
Notice and submission requirement before revoking a nominated carrier declaration
83(6) Revocation of nominated carrier declaration
within the time limit specified in the notice
ACMA must consider any submission that was received within the time limit specified in the notice
the ACMA has accepted the nominated carrier's submission
Submission consideration implies revocation proposal acceptance
the ACMA has considered the nominated carrier's submission using its cognitive abilities
Submission consideration as a cognitive process
unless ACMA has given the nominated carrier a written notice...
Obligation to notify and consider submissions
ACMA must not revoke a nominated carrier declaration
the ACMA has diffused the nominated carrier's submission into its decision-making process
Submission consideration as a diffusion process
A time limit must run for at least 7 days.
83(7) Revocation of nominated carrier declaration
Must provide a time limit of at least 7 days.
83(8) Revocation of nominated carrier declaration
84 Register of nominated carrier declarations and carrier licences
Maintain a Register of nominated carrier declarations and carrier licences
84(1) Register of nominated carrier declarations and carrier licences
Temporal relationship between Register entries and carrier declarations/ licences
Classification of carrier declarations and licences
(a) all nominated carrier declarations currently in force; (b) all carrier licences currently in force; (c) all conditions of such licences.
Allow electronic means for maintaining Register
84(2) Register of nominated carrier declarations and carrier licences
Requires temporal relation between intervals
Inspect and copy extracts from the Register on payment of a charge.
84(3) Register of nominated carrier declarations and carrier licences
A person must make a copy of or take an extract from the Register if ACMA provides them with a printout.
84(4) Register of nominated carrier declarations and carrier licences
A person must make a copy or take an extract from the Register.
ACMA provides a printout of the Register.
sec-84-ss-4 is part of a section about the Register.
The provision is part of a section about the Register.
Request for electronic form of information
84(5) Register of nominated carrier declarations and carrier licences
85 Simplified outline
86 Service providers
This temporal interval is relevant to the application of the Act.
The definitions of carriage service provider and content service provider are applicable from the commencement of the Act.
This CogAI application is relevant to the Act.
The definitions of carriage service provider and content service provider are applicable in a way that involves artificial intelligence.
These definitions must be understood to apply the Act.
The definitions of carriage service provider and content service provider are provided in sections 87 and 97 respectively.
This diffusion is relevant to the application of the Act.
The definitions of carriage service provider and content service provider are applicable in a way that spreads information.
This recurring trace is relevant to the application of the Act.
The definitions of carriage service provider and content service provider are applicable in a recurring manner.
87 Carriage service providers
Must be a carriage service provider if supplying or proposing to supply a listed carriage service using a network unit owned by one or more carriers or in relation to which a nominated carrier declaration is in force.
87(1) Carriage service providers
Obligation to be a carriage service provider
Person supplying or proposing to supply a listed carriage service must be a carriage service provider.
87(2) Carriage service providers
Carriage service providers must be able to supply or propose to supply a listed carriage service.
Obligation on carriage service providers
Carriage service providers are required to meet the definition of a carriage service provider.
List of carriage service provisions that must be supplied by carriers or exempt network-users.
87(3) Carriage service providers
88 Supply to the public
Circumstances for carriage service supply to the public
88(1) Supply to the public
Service supplied to public if conditions met
88(2) Supply to the public
If conditions met, obligation to supply service
a carriage service is used for the carriage of communications between 2 end-users
Service supplied to public if end-user is outside supplier's circle.
88(3) Supply to the public
Service point-to-multipoint services overlap with public services.
(3) If: (a) a carriage service is used to supply point-to-multipoint services to end-users; and (b) at least one end-user is outside the immediate circle of the supplier of the service;
Service point-to-multipoint services are classified as public by AI.
(a) a carriage service is used to supply point-to-multipoint services to end-users; and (b) at least one end-user is outside the immediate circle of the supplier of the service;
Service point-to-multipoint services diffuse into public services.
Service point-to-multipoint services are recurrently supplied to public.
Supply designated content services to end-users
88(4) Supply to the public
89 Exemption from definition—customers located on the same
Exemption from definition for customers located on the same premises
89(1) Exemption from definition—customers located on the same
Defines a temporal interval for exemption
(c) all of the customers of the service are physically present on the premises
the supplier must ensure exemption for these customers
(a) the supplier of a carriage service manages a business or other activity carried on at particular premises
Defines premises for exemption from definition
89(2) Exemption from definition—customers located on the same
premises includes: land; and a group of buildings that is located in the same vicinity.
Identifies specific elements of the premise
(a) land; and (b) a group of buildings that is located in the same vicinity.
Applicability of the Act outside Australia
9 Extra-territorial application
Obligation to apply within and outside Australia
90 Exemption from definition—defence
90(1) Exemption from definition—defence
Definition of defence organisation Exemption from definition—defence
90(2) Exemption from definition—defence
defence organisation means: ... (a) the Defence Department; or (b) the Australian Defence Force; ...
Identifies the Defence Department and Australian Defence Force
(a) the Defence Department; or (b) the Australian Defence Force;
defence organisation means: ... (c) an organisation of a foreign country, so far as the organisation: ...
Identifies an organisation of a foreign country
(c) an organisation of a foreign country, so far as the organisation: ...
defence organisation means: ... (i) has functions corresponding to functions of, or of a part of, the Defence Department or the Australian Defence Force; ...
Identifies functions corresponding to functions of the Defence Department or Australian Defence Force
(i) has functions corresponding to functions of, or of a part of, the Defence Department or the Australian Defence Force;
defence organisation means: ... (ii) is authorised by the Commonwealth to operate or train in Australia or an external Territory; ...
Identifies authorisation by the Commonwealth to operate or train in Australia or an external Territory
(ii) is authorised by the Commonwealth to operate or train in Australia or an external Territory;
defence organisation means: ... (d) a part of such an organisation or body.
Identifies a part of such an organisation or body
(d) a part of such an organisation or body.
Exempts certain intelligence services from definition.
91 Exemption from definition—intelligence operations
92 Exemption from definition—transport authorities
Exemption from definition—transport authorities
92(1) Exemption from definition—transport authorities
Exempts transport authorities from the definition
Exemption from definition for transport authorities
92(3) Exemption from definition—transport authorities
93 Exemption from definition—broadcasting services
Exemption from definition—broadcasting services
93(1) Exemption from definition—broadcasting services
...subsections 87(1) and (2) do not apply.
Communications during broadcasting services are exempted
(i) the supply of broadcasting services to the public;
Exemption implies certain conditions are met
(a) the sole or principal use of a carriage service is...
Recognizes exemptions in broadcasting services
Exempts certain communications from definition
...the supply of broadcasting services to the public;
Applies to communications necessary or desirable for broadcasting services
Diffuses exemptions to related communications
93(2) Exemption from definition—broadcasting services
Disregard subsection 212(3) of the Broadcasting Services Act 1992.
93(2A) Exemption from definition—broadcasting services
Definition of broadcasting transmitter and head end of a cable transmission system
93(3) Exemption from definition—broadcasting services
94 Exemption from definition—electricity supply bodies
Exemption from definition—electricity supply bodies
94(1) Exemption from definition—electricity supply bodies
94(2) Exemption from definition—electricity supply bodies
Electricity supply body is a class of entities
Electricity supply body is an authority or a body corporate
Electricity supply body is a subclass of authority or body corporate
Electricity supply body is a business or function
Minister may determine exemption from definition
95 Exemption from definition—Ministerial determination
96 Exemption from certain regulatory provisions—Ministerial
Minister may exempt a person from certain regulatory provisions.
96(1) Exemption from certain regulatory provisions—Ministerial
96(2) Exemption from certain regulatory provisions—Ministerial
Effect of determination under this section
96(3) Exemption from certain regulatory provisions—Ministerial
Exempts certain regulatory provisions from the Ministerial
96(5) Exemption from certain regulatory provisions—Ministerial
Defines exemption for regulatory provisions
97 Content service providers
97(1) Content service providers
The person is a content service provider during this time
Describes the temporal relationship of using a carriage service
A person uses, or proposes to use, a listed carriage service
The person is a content service provider
Establishes the implication between using a carriage service and being a content service provider
Describes the cognitive implications of being a content service provider
The person uses, or proposes to use, a listed carriage service
Describes the diffusion of information about being a content service provider
Content service providers must supply content to end-users outside their immediate circle.
97(2) Content service providers
98 Service provider rules
Service provider rules are defined in Schedule 2 and service provider determinations under section 99.
98(1) Service provider rules
Compliance with standard access obligations
Service provider must comply with standard access obligations.
98(2) Service provider rules
Service provider must comply with access determinations.
98(3) Service provider rules
Service provider must comply with binding rules of conduct.
98(4) Service provider rules
Reference to another rule as a service provider rule
98(5) Service provider rules
References an external rule as a service provider rule.
98(6) Service provider rules
Service provider rule for the purposes of this Act.
External rule mentioned in subsection 152CJD(2) of the Competition and Consumer Act 2010.
Service provider rule for NBN corporations
98(7) Service provider rules
This rule applies to rules about supply, investment, and divestment during NBN corporation operations.
Applies to rules about supply, investment, and divestment during NBN corporation operations
The rule set out in subsection 38(2) of the National Broadband Network Companies Act 2011 deals with rules about...
This rule is a specific type of service provider rule.
Describes a specific type of service provider rule
This rule is a service provider rule for the purposes of this Act.
Includes service provider rules from the National Broadband Network Companies Act 2011
Subsection 38(2) of the National Broadband Network Companies Act 2011 deals with rules about...
This rule applies to all NBN corporation assets and operations.
Applies to all NBN corporation assets and operations
This rule applies to all NBN corporations.
99 Service provider determinations
Service provider determination obligation
99(1) Service provider determinations
Must provide service provider determination
Minister may make service provider determination
99(1A) Service provider determinations
Service provider determination has effect only to the extent that it is authorised by specified provisions of the Constitution.
99(2) Service provider determinations
Service provider determination has effect only between those times
Temporal interval for service provider determinations
Authorisation by specified provisions of the Constitution
Service provider determination has effect only to that extent
Telecommunications Act 1997