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