1 February 1992.
Subsection (4) has effect despite anything in the Income Tax Assessment Act 1997.
1(5) February 1992.
Has effect during the period specified in subsection (4).
has effect despite anything in the Income Tax Assessment Act 1997.
Reference to other laws for definition of expression
1(6) February 1992.
16 August 1996, the person:
Labeling equipment or cabling with a specific symbol indicates it does not meet the requirements of applicable standards.
16(10) August 1996, the person:
Defines a temporal interval for labeling equipment or cabling with a specific symbol.
(10) For the purposes of this Part, if: (a) a label is applied to customer equipment or customer cabling; and (b) the label embodies a symbol referred to in paragraph (8)(c); the label is taken to indicate that the equipment or cabling does not meet the requirements of each applicable section 376 standard.
Classifies labeling as a requirement for customer equipment or cabling with a specific symbol using artificial intelligence.
Prohibits labeling equipment or cabling with a specific symbol.
Diffuses the requirement for labeling equipment or cabling with a specific symbol.
Defines a recurring trace for labeling equipment or cabling with a specific symbol.
Standard applicability in relation to customer equipment or cabling
16(11) August 1996, the person:
A determination made by ACMA is a legislative instrument.
16(12) August 1996, the person:
Reference to person confined to corporation under paragraph 51(xx) of the Constitution.
16(13) August 1996, the person:
Exemption for labelling customer equipment or cabling
16(6) August 1996, the person:
The person uses the protected symbol on August 1996
A person uses a protected symbol for labelling customer equipment or cabling
Exemption for labelling equipment in accordance with Radiocommunications Act 1992 rules.
16(6A) August 1996, the person:
Permission to use protected symbols for labelling equipment
Person uses or applies a protected symbol.
Exemption from section 16(7) for specific purposes
16(7) August 1996, the person:
Obligation to follow written determination
Prohibition on non-compliance with section 376 standards
16(8) August 1996, the person:
...after the commencement of this section.
Defines temporal interval for non-compliance
...a purpose of which, after the commencement of this section, is to indicate non-compliance by customer equipment or customer cabling with applicable section 376 standards.
...indicating non-compliance by customer equipment or customer cabling with applicable section 376 standards.
Implies non-compliance if symbol is not compliant
(i) the design of which is set out in a written determination made by the ACMA; and...
Prohibits non-compliance with section 376 standards
(8) A reference in this section to a protected symbol is a reference to...
Diffuses information about non-compliance
Defines recurring trace for non-compliance
Labeling equipment or cabling meets requirements if it contains a specified symbol.
16(9) August 1996, the person:
the label is taken to indicate that the equipment or cabling meets the requirements of each applicable section 376 standard.
Labeling occurs during equipment installation.
(a) a label is applied to customer equipment or customer cabling;
Labeling implies meeting requirements if it contains a specified symbol.
Report on technical assistance requests, notices, and capability notices.
30 June, cause to be prepared a written report that sets out:
(a) the number of technical assistance requests that were given...
Must prevent use of telecommunications networks for committing offences.
311 Simplified outline
Prevent use of telecommunications networks.
ACMA, carriers and carriage service providers must prevent...
312 ACMA’s obligations
Prevent telecommunications networks and facilities from being used in relation to commissioning offences.
312(1) ACMA’s obligations
Prevents use of telecommunications networks and facilities in relation to commissioning offences.
Provide assistance to officers and authorities for specific purposes
312(2) ACMA’s obligations
ACMA has telecommunications functions and powers
Immunity from liability for good faith performance of duty
312(3) ACMA’s obligations
ACMA is not liable for good faith performance of duty
(3) The ACMA is not liable to an action or other proceeding...
Protection from liability for actions in good faith by ACMA officers, employees, or agents.
312(4) ACMA’s obligations
Protection from liability for actions in good faith.
Grant of permission to act without liability.
313 Obligations of carriers and carriage service providers
Carrier or carriage service provider must prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences.
313(1) Obligations of carriers and carriage service providers
Prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences.
Carriage service intermediary must prevent use of networks in commission of offences.
313(2) Obligations of carriers and carriage service providers
Carrier or carriage service provider must provide help to authorities for specified purposes.
313(3) Obligations of carriers and carriage service providers
314 Terms and conditions on which help is to be given
Duty to provide help under certain conditions
314(1) Terms and conditions on which help is to be given
Comply with requirements without profiting or bearing costs
314(2) Terms and conditions on which help is to be given
Comply with terms and conditions agreed upon by the parties.
314(3) Terms and conditions on which help is to be given
Obligation to comply with terms and conditions.
315 Suspension of supply of carriage service in an emergency
Suspension of supply of carriage service in an emergency
315(1) Suspension of supply of carriage service in an emergency
(1) If a senior officer of a police force or service has reasonable grounds to believe...
Carriage service provider must comply with request.
315(2) Suspension of supply of carriage service in an emergency
No implication that other powers to suspend carriage service are limited.
315(3) Suspension of supply of carriage service in an emergency
The provision does not imply a limitation on other powers.
No implication of limitation on other powers.
(3) This section does not, by implication, limit any other powers that the provider may have to suspend the supply of the carriage service.
Nothing in this Part limits the generality of anything else in it.
316 Generality of Part not limited
Technical assistance request may be made by Director-General of Security, etc.
317A Simplified outline of this Part
Permission to provide technical assistance
Classifies the provider as a legal person
Defines terms related to access, electronic protection, and designated communications providers.
317B Definitions
Defines designated communications provider and eligible activities.
317C Designated communications provider etc.
317D Electronic service
317D(1) Electronic service
Service includes a website for purposes of subsection (1)
317D(2) Electronic service
A person must not provide an electronic service merely because they supply a carriage service.
317D(3) Electronic service
A person does not provide an electronic service merely because they provide a billing or fee collection service.
317D(4) Electronic service
Reference to use of a thing includes its use in isolation or conjunction with other things.
317D(5) Electronic service
A reference to the use of a thing includes its use at any time.
Listed acts or things include actions that assist in executing a warrant or authorisation, facilitating access to facilities, customer equipment, data processing devices, and listed carriage services.
317E Listed acts or things
Facilities, customer equipment, data processing devices, and listed carriage services are subclasses of eligible activities.
This Part extends to every external Territory.
317F Extension to external Territories
317G Voluntary technical assistance provided to ASIO, the
Request for voluntary technical assistance from designated communications providers.
317G(1) Voluntary technical assistance provided to ASIO, the
...the provider is not subject to any civil liability for, or in relation to, the act or thing mentioned in paragraph (b);
Obligation to provide technical assistance.
(1) If any of the following persons requests a designated communications provider...
Provide voluntary technical assistance to designated agencies.
317G(2) Voluntary technical assistance provided to ASIO, the
Must provide voluntary technical assistance.
317H Form of technical assistance request
Technical assistance request may be given orally or in writing.
317H(1) Form of technical assistance request
Permission to give technical assistance request
Technical assistance request must be given in writing unless certain conditions are met.
317H(2) Form of technical assistance request
Prohibition on oral technical assistance request
An imminent risk of serious harm to a person or substantial damage to property exists
Make a written record of a technical assistance request within 48 hours after it is given orally.
317H(3) Form of technical assistance request
Director-General of Security must be notified
317H(4) Form of technical assistance request
317HA Duration of technical assistance request
317HA(1) Duration of technical assistance request
No obligation to wait for expiration of technical assistance request
317HA(2) Duration of technical assistance request
Releases the obligation to wait for expiration
317J Specified period etc.
A technical assistance request must include a specified act or thing to be done within a specified period. Director-General of Security must not give a technical assistance request to a designated communications provider unless certain conditions are met.
317J(1) Specified period etc.
Temporal interval between giving and receiving a technical assistance request
The Director-General of Security must give a technical assistance request to a designated communications provider unless the conditions are met.
Prohibition of giving a technical assistance request
The Director-General of Security must not give a technical assistance request to a designated communications provider.
Director-General of Security must satisfy certain conditions before giving a technical assistance request
Director-General of Security must not give a technical assistance request if the conditions are not met
The Director-General of Security must not give a technical assistance request to a designated communications provider unless the conditions are met.
Must not give a technical assistance request unless certain conditions are met. A technical assistance request must be done in a specified manner or way that meets one or more conditions.
317J(2) Specified period etc.
The specified period is a temporal interval.
(2) A technical assistance request may include a request that a specified act or thing be done:
(2) The Director-General of the Australian Secret Intelligence Service must not give a technical assistance request...
Does not limit subsections 317G(1) and (2)
317J(3) Specified period etc.
317JA Variation of technical assistance requests
Director-General of Security may vary technical assistance request.
317JA(1) Variation of technical assistance requests
The Director-General may vary a technical assistance request.
317JA(2) Variation of technical assistance requests
317JA(3) Variation of technical assistance requests
Chief officer may vary technical assistance request.
317JA(4) Variation of technical assistance requests
Variation of technical assistance requests may be made orally or in writing.
317JA(5) Variation of technical assistance requests
Variation of technical assistance requests must not be made orally under certain circumstances.
317JA(6) Variation of technical assistance requests
...; and (c) it is not practicable in the circumstances to make the variation in writing.
(6) A variation must not be made orally unless...
Variation must not be made orally unless...
Make a written record of variation within 48 hours after oral variation made by certain officials
317JA(7) Variation of technical assistance requests
List of officials who must provide variation requests
317JA(8) Variation of technical assistance requests
Listing officials as part of an obligation
317JB Revocation of technical assistance requests
Revocation of technical assistance requests
317JB(1) Revocation of technical assistance requests
Revocation of technical assistance requests if not reasonable and proportionate
317JB(1A) Revocation of technical assistance requests
the Director-General of Security must, by written notice given to the person, revoke the request.
Temporal interval for revocation of technical assistance requests
(b) compliance with the request is not: (i) practicable; and (ii) technically feasible;
Prohibition of technical assistance requests
(a) the request is not reasonable and proportionate;
Prohibition of compliance with technical assistance requests
Prohibition of revocation of technical assistance requests
Temporal trace for revocation of technical assistance requests
The Director-General may revoke a technical assistance request by written notice.
317JB(2) Revocation of technical assistance requests
317JB(2A) Revocation of technical assistance requests
the Director-General of the Australian Secret Intelligence Service must, by written notice given to the person, revoke the request.
Defines temporal interval for revocation
(2A) If a technical assistance request has been given to a person by the Director-General of the Australian Secret Intelligence Service...
Applies reasoning to revocation decision
(2A) If a technical assistance request has been given to a person...
317JB(3) Revocation of technical assistance requests
317JB(3A) Revocation of technical assistance requests
the Director-General of the Australian Signals Directorate must, by written notice given to the person, revoke the request.
(3A) If a technical assistance request has been given to a person...
Incorporates AI reasoning for revocation decision
317JB(4) Revocation of technical assistance requests
Director-General must consider certain matters when evaluating a technical assistance request.
317JC Whether a technical assistance request is reasonable and
Director-General must consider certain matters.
Permits designated communications providers to enter into contracts with interception agencies.
317K Contract etc.
317L Technical assistance notices
The Director-General of Security or the chief officer of an interception agency may give a designated communications provider a notice requiring the provider to do one or more specified acts.
317L(1) Technical assistance notices
The notice requires the provider to do one or more specified acts.
The Director-General of Security or the chief officer of an interception agency may give a notice.
Must provide technical assistance in relation to enforcing criminal law, safeguarding national security, or assisting foreign countries.
317L(2) Technical assistance notices
Cannot direct towards ensuring communications provider helps ASIO or interception agency.
317L(2A) Technical assistance notices
(2A) The specified acts or things must not be directed towards ensuring that a designated communications provider is capable of giving help to ASIO or an interception agency.
Classification of communications providers by CogAI
317LA Approval of technical assistance notices given by the chief
Chief officer must not give technical assistance notice without approval from AFP Commissioner.
317LA(1) Approval of technical assistance notices given by the chief
...must not give a technical assistance notice...
Prohibition of giving technical assistance notice without approval.
(1) The chief officer of an interception agency...
Approval may be given orally or in writing.
317LA(2) Approval of technical assistance notices given by the chief
Make a written record of oral approval within 48 hours.
317LA(3) Approval of technical assistance notices given by the chief
317LA(4) Approval of technical assistance notices given by the chief
AFP Commissioner is defined as the Commissioner within the meaning of the Australian Federal Police Act 1979
AFP Commissioner means the Commissioner (within the meaning of the Australian Federal Police Act 1979)
317M Form of technical assistance notice
Technical assistance notice may be given orally or in writing. Must provide advice to designated communications provider
317M(1) Form of technical assistance notice
Permission to give technical assistance notice
Giving technical assistance notice orally unless imminent risk of serious harm or substantial damage exists.
317M(2) Form of technical assistance notice
(2) A technical assistance notice must not be given orally unless: (a) an imminent risk of serious harm to a person or substantial damage to property exists; and (b) the technical assistance notice is necessary for the purpose of dealing with that risk; and (c) it is not practicable in the circumstances to give the technical assistance notice in writing.
Must make a written record of oral technical assistance notice within 48 hours.
317M(3) Form of technical assistance notice
Must provide a copy of the record to the designated communications provider concerned
317M(4) Form of technical assistance notice
Must retain technical assistance notice record while notice is in force
317M(5) Form of technical assistance notice
Technical assistance notice remains in force unless revoked sooner.
317MA Duration of technical assistance notice
317N Compliance period etc.
A technical assistance notice requires a specified act to be done within a specified period.
317N(1) Compliance period etc.
A technical assistance notice may require a specified act or thing to be done in a specified manner or way that meets one or more specified conditions.
317N(2) Compliance period etc.
Compliance period does not limit subsections 317L(1) and (2).
317N(3) Compliance period etc.
Subsections 317L(1) and (2) are not limited by subsections (1) and (2)
Cannot give technical assistance notice without reasonable and proportionate requirements
317P Decision-making criteria
Prohibition on giving technical assistance notice
requirements are reasonable and proportionate
Consultation required before giving technical assistance notice
317PA Consultation about a proposal to give a technical assistance
317Q Variation of technical assistance notices
The Director-General of Security may vary a technical assistance notice.
317Q(1) Variation of technical assistance notices
Chief officer may vary technical assistance notice.
317Q(2) Variation of technical assistance notices
Variation of technical assistance notices may be made orally or in writing.
317Q(3) Variation of technical assistance notices
Variation of technical assistance notices must not be made orally unless certain conditions are met.
317Q(4) Variation of technical assistance notices
Must make a written record of oral variation within 48 hours
317Q(5) Variation of technical assistance notices
317Q(6) Variation of technical assistance notices
Must provide a copy of variation to designated provider
317Q(7) Variation of technical assistance notices
Eligible activities of the designated communications provider concerned must be covered by subsection 317L(2).
317Q(8) Variation of technical assistance notices
Listed acts or things must be in connection with eligible activities and covered by subsection 317L(2).
317Q(9) Variation of technical assistance notices
317R Revocation of technical assistance notices
Director-General may revoke technical assistance notice
317R(1) Revocation of technical assistance notices
Revocation of technical assistance notices if requirements are unreasonable and impractical.
317R(2) Revocation of technical assistance notices
the Director-General of Security must, by written notice given to the person, revoke the notice.
Defines a temporal interval for revocation of technical assistance notices.
(2) If a technical assistance notice has been given to a person by the Director-General of Security...
Applies reasoning to determine whether technical assistance notices are unreasonable.
(a) the requirements imposed by the notice are not reasonable and proportionate;
Prohibits technical assistance notices with unreasonable requirements.
Diffuses information about revocation of technical assistance notices.
Defines a temporal trace for revocation of technical assistance notices.
Chief officer may revoke technical assistance notice.
317R(3) Revocation of technical assistance notices
317R(4) Revocation of technical assistance notices
(the time period during which the revocation must be given)
Defines temporal interval for revocation of technical assistance notices.
(4) If a technical assistance notice has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that: (a) the requirements imposed by the notice are not reasonable and proportionate; or (b) compliance with the notice is not: (i) practicable; and (ii) technically feasible;
(the reasoning applied to determine revocation)
Applies reasoning to determine revocation of technical assistance notices.
the chief officer must, by written notice given to the person, revoke the notice.
Prohibits revocation of technical assistance notices if requirements are unreasonable and impractical.
(the information about revocation notices)
(the recurring pattern of revocation notices)
Defines recurring trace for revocation of technical assistance notices.
Notification requirement after revocation of technical assistance notice
317R(5) Revocation of technical assistance notices
Must notify Inspector-General of Intelligence and Security
Director-General of Security or chief officer must consider various matters when determining whether requirements imposed by a technical assistance notice are reasonable and proportionate.
317RA Whether requirements imposed by a technical assistance
Classification of requirements as reasonable and proportionate
317S Attorney-General may determine procedures and
Attorney-General may determine procedures and arrangements.
317S(1) Attorney-General may determine procedures and
Attorney-General has the power to determine procedures.
Agreement of a person or body must be obtained before requesting a technical capability notice.
317S(2) Attorney-General may determine procedures and
Permission to request a technical capability notice.
Failure to comply with a determination does not affect notice validity.
317S(3) Attorney-General may determine procedures and
Attorney-General may determine procedures and
317S(4) Attorney-General may determine procedures and
317T Technical capability notices
The Attorney-General may give a technical capability notice to a communications provider.
317T(1) Technical capability notices
The Attorney-General has an obligation to give a technical capability notice.
The specified acts or things must be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency.
317T(2) Technical capability notices
Obligation to ensure the designated communications provider is capable of giving listed help.
Relevant objective means for enforcement of serious Australian and foreign offences, safeguarding national security.
317T(3) Technical capability notices
enforcing the criminal law, so far as it relates to serious Australian offences; or assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or safeguarding national security.
(3) For the purposes of this section, relevant objective means:
Classification of relevant objective means
(a) enforcing the criminal law, so far as it relates to serious Australian offences;
assisting the enforcement of the criminal laws
(b) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences;
Designated communications provider must provide help to ASIO or interception agency in connection with eligible activities.
317T(4) Technical capability notices
Must provide help to ASIO or interception agency in connection with eligible activities.
Notice remains in force unless revoked sooner
317TA Duration of technical capability notice
317U Compliance period etc.
A technical capability notice requires a specified act to be done within a specified period.
317U(1) Compliance period etc.
Specify manner or conditions for a specified act or thing to be done
317U(2) Compliance period etc.
...in a specified manner; or...in a way that meets one or more specified conditions.
Specify time period for a specified act or thing to be done
(2) A technical capability notice may require...
Specify requirement for a technical capability notice
Compliance period does not limit other subsections.
317U(3) Compliance period etc.
Attorney-General cannot give technical capability notice without reasonable and proportionate requirements.
317V Decision-making criteria
unless requirements are reasonable and proportionate
Prohibition of giving technical capability notice
Attorney-General must not give a technical capability notice
317W Consultation about a proposal to give a technical capability
Consultation requirement before issuing technical capability notice
317W(1) Consultation about a proposal to give a technical capability
Attorney-General must consult with provider before issuing notice
A time limit must run for at least 28 days.
317W(2) Consultation about a proposal to give a technical capability
The duration of the time limit is at least 28 days.
(2) A time limit specified in a consultation notice must run for at least 28 days.
The AI system is designed to ensure the time limit runs for at least 28 days
The information about the time limit is disseminated to all relevant parties
The time limit is of type 'at least 28 days'
Exemption from consultation for technical capability notices under urgency, impracticability, or waiver.
317W(3) Consultation about a proposal to give a technical capability
Temporal interval for exemption under urgency
(a) the Attorney-General is satisfied that the technical capability notice should be given as a matter of urgency;
(3) The rule in subsection (2) does not apply to a technical capability notice...
(b) compliance with subsection (2) is impracticable;
Recurring trace for exemption under waiver
(c) the provider waives compliance with subsection (2).
Designated communications provider may waive compliance with paragraph (3)(c) in writing or orally.
317W(4) Consultation about a proposal to give a technical capability
Temporal relation between waiver method and paragraph (3)(c)
(4) For the purposes of paragraph (3)(c)
waiver method is represented in knowledge base
Knowledge representation of waiver method
waiver method is diffused to designated communications provider
Designated communications provider must make a written record of waiver within 48 hours.
317W(5) Consultation about a proposal to give a technical capability
Designated communications provider must comply with the obligation.
Must provide a copy of the record to the Attorney-General as soon as practicable after making it.
317W(6) Consultation about a proposal to give a technical capability
Must provide a copy of the record to the Attorney-General.
(6) If, under subsection (5), a designated communications provider makes a written record of the waiver,
Consultation about a proposal to give a technical capability
317W(7) Consultation about a proposal to give a technical capability
Consultation before giving a technical capability notice.
317W(8) Consultation about a proposal to give a technical capability
First-mentioned technical capability notice comes into force immediately after expiry of other technical capability notice.
Must provide consultation before giving a technical capability notice.
Waiver of compliance with subsection (8) allowed
317W(9) Consultation about a proposal to give a technical capability
(9) The rule in subsection (8) does not apply...
317WA Assessment and report
Request for assessment of proposed technical capability notice
317WA(1) Assessment and report
Attorney-General must appoint persons to assess proposed technical capability notice.
317WA(2) Assessment and report
Assessors must be known by a specific name.
317WA(3) Assessment and report
One of the assessors must have knowledge and security clearance to assess proposed technical capability notices.
317WA(4) Assessment and report
(a) has knowledge that would enable the person to assess...
(b) is cleared for security purposes to...
One of the assessors must be a person who has served as a judge in one or more prescribed courts for a period of 5 years and no longer holds a commission as a judge of a prescribed court.
317WA(5) Assessment and report
The person who is an assessor must have served as a judge in one or more prescribed courts for a period of time between 5 years and the current time.
The period of service must be between 5 years and the current time.
(a) has served as a judge in one or more prescribed courts for a period of 5 years; and (b) no longer holds a commission as a judge of a prescribed court.
(5) One of the assessors must be a person who: (a) has served as a judge in one or more prescribed courts for a period of 5 years; and (b) no longer holds a commission as a judge of a prescribed court.
Must be a person who has served as a judge in one or more prescribed courts for a period of 5 years and no longer holds a commission as a judge of a prescribed court.
Must not hold a commission as a judge of a prescribed court.
The person who is an assessor must meet the condition that they have served as a judge in one or more prescribed courts for a period of time between 5 years and the current time at each assessment.
The condition must be met at each assessment.
Must provide reports to specified parties after assessment
317WA(6) Assessment and report
317X Variation of technical capability notices
Variation of technical capability notices
317X(1) Variation of technical capability notices
Must be in connection with eligible activities of the designated communications provider concerned.
317X(2) Variation of technical capability notices
(2) The acts or things specified in a varied technical capability notice
must be: (a) in connection with any or all of the eligible activities of the designated communications provider concerned;
Must be in connection with eligible activities.
Listed acts or things must be in connection with eligible activities and covered by subsection 317T(2).
317X(3) Variation of technical capability notices
Must be in connection with eligible activities and covered by subsection 317T(2).
The Attorney-General must not vary a technical capability notice unless certain conditions are met.
317X(4) Variation of technical capability notices
The Attorney-General cannot vary a technical capability notice.
(4) The Attorney-General must not vary a technical capability notice
The variation of the technical capability notice must not extend its duration.
Variation must not extend duration of technical capability notice
317X(5) Variation of technical capability notices
317X(6) Variation of technical capability notices
317XA Approval of variation of technical capability notice
The Attorney-General must not vary the technical capability notice without approval from the Minister or waiver by the provider.
317XA(1) Approval of variation of technical capability notice
The provision overlaps with other provisions related to technical capability notices.
(1) If a technical capability notice has been given to a designated communications provider, the Attorney-General must not vary the notice unless...
The Attorney-General must not vary the technical capability notice.
The Minister must approve the variation of the technical capability notice.
The provision contains temporal intervals related to variation of technical capability notices.
Approval may be given in writing or orally.
317XA(2) Approval of variation of technical capability notice
Minister must make a written record of oral approval within 48 hours.
317XA(3) Approval of variation of technical capability notice
The Attorney-General must make a representation to the Minister about a proposal to vary the technical capability notice.
317XA(4) Approval of variation of technical capability notice
The Attorney-General must make a representation.
Consideration of relevant matters by Attorney-General
317XA(5) Approval of variation of technical capability notice
Attorney-General must consider relevant matters
Consideration of factors when approving variation of technical capability notice
317XA(6) Approval of variation of technical capability notice
The consideration occurs during the notice variation process
Consideration must occur during notice variation process
(6) In considering whether to approve the variation of the technical capability notice, the Minister must have regard to...
The Minister's consideration is a necessary step
Minister's consideration is a necessary step
The consideration is taken into account by the Minister
Minister has an obligation to consider certain factors
The factors must be considered by the Minister
317Y Consultation about a proposal to vary a technical capability
written submission to the Attorney-General
Consultation requirement before varying a technical capability notice
317Y(1) Consultation about a proposal to vary a technical capability
Must provide a written notice and consider submissions before varying a technical capability notice
317Y(2) Consultation about a proposal to vary a technical capability
A temporal interval of 28 days is greater than or equal to the duration of the time limit
Temporal interval is greater than or equal to 28 days
The duration of the time limit is greater than or equal to 28 days
Waiver of compliance with subsection (2) allowed under certain circumstances.
317Y(3) Consultation about a proposal to vary a technical capability
(3) If a technical capability notice has been given to a designated communications provider...
Waiver of compliance for designated communications provider
317Y(4) Consultation about a proposal to vary a technical capability
317Y(5) Consultation about a proposal to vary a technical capability
Must provide a copy of the record to the Attorney-General as soon as practicable after it was made.
317Y(6) Consultation about a proposal to vary a technical capability
317YA Assessment and report
Request to assess proposed variation of technical capability notice
317YA(1) Assessment and report
...the provider may, within the time limit specified in the consultation notice...
Permission granted by communications provider
(a) a consultation notice is given to a designated communications provider...
...Attorney-General must appoint assessors
Duty on Attorney-General to appoint assessors
(Attorney-General must appoint assessors)
Must appoint 2 persons to carry out an assessment of a technical capability notice.
317YA(2) Assessment and report
Must appoint 2 persons for assessment within a specific timeframe
Assessment must occur within a specific timeframe
Technical capability notice as proposed to be varied would contravene section 317ZG
Designated communications provider gives notice under subsection (1)
Appointment of assessors is not mandatory but recommended
Other stakeholders may be informed of appointment of assessors
Appointment of assessors spreads to other stakeholders
Appointment of assessors is a consequence of receiving notice
317YA(3) Assessment and report
317YA(4) Assessment and report
317Z Revocation of technical capability notices
Attorney-General may revoke technical capability notice
317Z(1) Revocation of technical capability notices
Revocation of technical capability notices if requirements are unreasonable and impractical.
317Z(2) Revocation of technical capability notices
Defines a temporal interval for revocation of technical capability notices.
(2) If a technical capability notice has been given to a person, and the Attorney-General is satisfied that: (a) the requirements imposed by the notice are not reasonable and proportionate; or (b) compliance with the notice is not: (i) practicable; and (ii) technically feasible;
Applies reasoning to determine revocation of technical capability notices.
the Attorney-General must, by written notice given to the person, revoke the notice.
Prohibits revocation of technical capability notices if requirements are unreasonable and impractical.
Diffuses information about revocation of technical capability notices.
Defines a recurring trace for revocation of technical capability notices.
Revocation of technical capability notices
317Z(3) Revocation of technical capability notices
317ZA Compliance with notices—carriers and carriage service
Carrier must comply with technical assistance or capability notices
317ZA(1) Compliance with notices—carriers and carriage service
Prohibition on aiding, abetting, or conspiring to contravene subsection (1)
317ZA(2) Compliance with notices—carriers and carriage service
Civil penalty provision for non-compliance with notices.
317ZA(3) Compliance with notices—carriers and carriage service
Imposes a duty on carriers and carriage service providers.
317ZB Compliance with notices—designated communications
Comply with technical assistance or capability notices to the extent possible
317ZB(1) Compliance with notices—designated communications
Maximum pecuniary penalty for contravention of subsection (1)
317ZB(2) Compliance with notices—designated communications
317ZB(3) Compliance with notices—designated communications
(3) Subsection 82(5) of the Regulatory Powers (Standard Provisions) Act 2014 does not apply to a contravention of subsection (1) of this section.
Artificial intelligence involvement in exemption
Exempts subsection (1) from sections 564 and 572B.
317ZB(4) Compliance with notices—designated communications
Compliance with foreign country requirements is a defence in proceedings for a civil penalty order.
317ZB(5) Compliance with notices—designated communications
The obligation to comply does not apply.
Compliance with foreign country requirements is a defence.
Enforces civil penalty provision under Regulatory Powers (Standard Provisions) Act 2014.
317ZC Civil penalty provision
Prohibits enforcement of civil penalty provision.
317ZD Enforceable undertakings
Authorised person is subject to enforcement under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014.
317ZD(1) Enforceable undertakings
enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014
Temporal relation: Enforcement starts at commencement
Enforcement affects all persons subject to authorisation
Defines Communications Access Coordinator as an authorised person for section 317ZB purposes.
317ZD(2) Enforceable undertakings
References relevant courts for enforcement purposes
317ZD(3) Enforceable undertakings
Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 applies to section 317ZB outside Australia.
317ZD(4) Enforceable undertakings
317ZE Injunctions
Section 317ZB of the Act is enforceable under Part 7 of the Regulatory Powers (Standard Provisions) Act 2014.
317ZE(1) Injunctions
under Part 7 of the Regulatory Powers (Standard Provisions) Act 2014.
Authorized person for section 317ZB purposes
317ZE(2) Injunctions
Relevant courts for section 317ZB of the Act
317ZE(3) Injunctions
Temporal relation between courts and section 317ZB
Part 7 of the Regulatory Powers (Standard Provisions) Act 2014
Relevant courts for section 317ZB using AI
Relevant courts for section 317ZB using SHACL
Part 7 of the Regulatory Powers (Standard Provisions) Act 2014 applies to external Territories and acts outside Australia.
317ZE(4) Injunctions
Extension of Part 7 to external Territories and acts outside Australia.
Disclosing certain information without authorization is an offence.
317ZF Unauthorised disclosure of information
Temporal relation between disclosure and authorization
The information must have come to the person's knowledge or possession in connection with their capacity as a designated communications provider, employee of a designated communications provider, etc.
Reasoning about the implications of disclosure
Disclosing certain information without authorization has significant implications for national security and public safety
Spread of information through authorized channels
The information must be disclosed through authorized channels
Recurring trace of disclosure and authorization
The person must have come to the information's knowledge or possession in a recurring manner
317ZG Designated communications provider must not be requested
Designated communications provider must not be requested for certain services. Designated communications provider must not be requested to implement or build a systemic weakness.
317ZG(1) Designated communications provider must not be requested
Prohibition of requesting designated communications provider.
Prohibition of requesting or requiring a designated communications provider to implement or build a systemic weakness.
Classification of services based on telecommunications systems.
(a) a designated communications provider supplies a particular kind of telecommunications service;
Must not request a designated communications provider
317ZG(2) Designated communications provider must not be requested
317ZG(3) Designated communications provider must not be requested
317ZG(4) Designated communications provider must not be requested
Must not request designated communications provider
317ZG(4A) Designated communications provider must not be requested
317ZG(4B) Designated communications provider must not be requested
Must not create a material risk that otherwise secure information can be accessed by an unauthorised third party.
317ZG(4C) Designated communications provider must not be requested
Prohibition of creating a material risk to secure information.
317ZG(5) Designated communications provider must not be requested
317ZH General limits on technical assistance requests, technical
No effect on extent to which agency would request or require a designated communications provider to do an act or thing for which the agency, or an officer of the agency, would be required to have or obtain a warrant or authorisation
317ZH(1) General limits on technical assistance requests, technical
Prohibits agency from requesting or requiring a designated communications provider to do an act or thing for which the agency would be required to have or obtain a warrant or authorisation
(1) A technical assistance request that relates to an agency, or a technical assistance notice that relates to an agency, or a technical capability notice that relates to an agency
Prohibits agency from requesting or requiring a designated communications provider to do an act or thing for which the agency would be required to have or obtain a warrant or authorisation under other laws
(a) the Telecommunications (Interception and Access) Act 1979; (b) the Surveillance Devices Act 2004; (c) the Crimes Act 1914; (d) the Australian Security Intelligence Organisation Act 1979
Prohibits agency from requesting or requiring a designated communications provider to do an act or thing for which the agency would be required to have or obtain a warrant or authorisation under other laws of a State or Territory
Assume laws apply both within and outside Australia, and assume references to carriage service providers include designated communications providers.
317ZH(2) General limits on technical assistance requests, technical
The assumption applies to all references.
Assume each reference in Part 13 to a carriage service provider includes a reference to a designated communications provider.
Assume laws apply both within and outside Australia.
No effect if a warrant or authorisation is required
317ZH(3) General limits on technical assistance requests, technical
Prohibits use of surveillance devices or accessing data without warrant/authorisation
Requesting a designated communications provider to do an act or thing for ASIO.
317ZH(4) General limits on technical assistance requests, technical
Granting permission to a designated communications provider for ASIO.
317ZJ Immunity
Designated communications provider not subject to civil liability for acts done in compliance or good faith.
317ZJ(1) Immunity
Permits designated communications provider from acting in compliance or good faith.
(1) A designated communications provider is not subject to any civil liability for, or in relation to, an act or thing done by the provider:
(b) in good faith in purported compliance;
Exempts designated communications providers from Paragraph (1)(b) for eligible activities.
317ZJ(2) Immunity
Temporal overlap between Paragraph (1)(b) and eligible activities
(2) Paragraph (1)(b) does not apply to an act or thing done by a designated communications provider unless the act or thing is in connection with any or all of the eligible activities of the provider.
Incorporating Paragraph (1)(b) into eligible activities
Diffusing Paragraph (1)(b) to eligible activities
Temporal containment between Paragraph (1)(b) and eligible activities
Protection of communications provider employees from civil liability for actions taken in compliance with technical assistance or capability notices.
317ZJ(3) Immunity
No civil liability for employee actions.
Protection of employees from civil liability
Employee actions in compliance with technical assistance or capability notices.
Exempts designated communications providers from Paragraph (3)(b) in connection with eligible activities.
317ZJ(4) Immunity
...unless the act or thing is in connection with any or all of the eligible activities of the provider.
Scope of section applies under certain requirements.
317ZK Terms and conditions on which help is to be given etc.
317ZL Service of notices etc.
317ZL(1) Service of notices etc.
Applies to specified proceedings and notices
317ZL(2) Service of notices etc.
Service of summons, process or notice on designated communications provider
317ZL(3) Service of notices etc.
(3) If ..., the summons, process or notice, as the case may be, is taken to have been served on, or given to, the provider if it is sent to the nominated electronic address for service.
(3) If ..., the summons, process or notice, as the case may be, is required to be served on, or given to, a designated communications provider.
Service of notices etc. on foreign bodies corporate
317ZL(4) Service of notices etc.
Temporal relation between service and body corporate
Service on or to agent in Australia is equivalent to service on or to body corporate
317ZL(5) Service of notices etc.
Defines chief officer and officers of interception agencies
317ZM Interception agency—chief officer and officer
Director-General may delegate functions or powers to a senior position-holder.
317ZN Delegation by Director-General of Security
317ZP Delegation by Director-General of the Australian Secret
Delegation of functions or powers to a staff member or equivalent position holder.
317ZP(1) Delegation by Director-General of the Australian Secret
Delegate must comply with written directions of the Director-General.
317ZP(2) Delegation by Director-General of the Australian Secret
317ZQ Delegation by Director-General of the Australian Signals
Delegation of functions or powers to a person
317ZQ(1) Delegation by Director-General of the Australian Signals
317ZQ(2) Delegation by Director-General of the Australian Signals
Delegate functions or powers to a person
317ZR Delegation by the chief officer of an interception agency
Home Affairs Minister must submit annual reports
317ZS Annual reports
317ZT Alternative constitutional basis
This section has no effect apart from this section.
317ZT(1) Alternative constitutional basis
References to communications providers are confined to constitutional corporations.
317ZT(2) Alternative constitutional basis
Carriage service provider may be required to supply a carriage service for defence purposes or natural disasters.
333 Simplified outline
Obligation to supply carriage service for defence purposes or natural disasters.
334 Defence authority
The Chief of the Defence Force takes office on January 1st, 2023.
Defines the temporal scope of a defence authority
The Secretary of the Defence Department takes office on January 1st, 2022.
The Chief of the Defence Force is also appointed by the Prime Minister.
Defines the scope of a defence authority through argumentation
The Secretary of the Defence Department is appointed by the Prime Minister.
The Chief of the Defence Force also uses machine learning algorithms.
Defines the scope of a defence authority through cognitive AI
The Secretary of the Defence Department uses machine learning algorithms.
The Chief of the Defence Force is also a defence authority.
Defines the scope of a defence authority
The Secretary of the Defence Department is a defence authority.
The Chief of the Defence Force also has access to classified information.
Defines the scope of a defence authority through diffusion
The Secretary of the Defence Department has access to classified information.
335 Requirement to supply carriage services for defence purposes or
Requirement to supply carriage services for defence purposes.
335(1) Requirement to supply carriage services for defence purposes or
No notice can be issued unless required for defence or disaster management.
335(2) Requirement to supply carriage services for defence purposes or
...unless the service is required for: ...
Temporal interval of when a notice can be issued.
(2) A defence authority must not issue a notice...
Artificial intelligence reasoning about when a notice can be issued.
Prohibition of issuing notices without a valid reason.
Diffusion of information about when a notice can be issued.
Recurring trace of when a notice can be issued.
ACMA certificate negates obligation to supply carriage service
335(3) Requirement to supply carriage services for defence purposes or
Provider must supply carriage service in accordance with requirement and on agreed terms or determined by arbitrator.
335(4) Requirement to supply carriage services for defence purposes or
Requirement to supply carriage services for defence purposes or
335(5) Requirement to supply carriage services for defence purposes or
The ACCC may be constituted by a single member or specified number of members for arbitration purposes.
335(6) Requirement to supply carriage services for defence purposes or
No implication that subsection (5) is limited by subsection (6)
335(7) Requirement to supply carriage services for defence purposes or
Definitions for crisis, draft agreement, and network survivability.
336 Definitions
337 Preparation of draft agreement
A defence authority must prepare a draft agreement with carriers and carriage service providers.
337(1) Preparation of draft agreement
Agreement must be about planning for network survivability or operational requirements in times of crisis.
337(2) Preparation of draft agreement
Must be about planning for network survivability or operational requirements in times of crisis.
Must consult carrier or provider concerned when preparing draft agreement.
337(3) Preparation of draft agreement
Obligation to consult carrier or provider concerned.
338 ACMA’s certification of draft agreement
ACMA may certify a draft agreement if it is of the opinion that the draft agreement is reasonable.
338(1) ACMA’s certification of draft agreement
Certified agreement becomes effective upon certification.
338(2) ACMA’s certification of draft agreement
ACMA must consider specific matters when certifying a draft agreement.
338(3) ACMA’s certification of draft agreement
ACMA must consider needs of Defence Department and carrier/carriage service provider when determining reasonableness.
338(4) ACMA’s certification of draft agreement
The ACMA must consider these factors within this time frame when determining reasonableness
ACMA's consideration of factors is within a certain time frame
There is a temporal interval during which ACMA must consider the needs of Defence Department and carrier/carriage service provider
These cognitive processes are involved in determining reasonableness
ACMA's consideration of factors involves cognitive processes
The ACMA's consideration of the needs of Defence Department and carrier/carriage service provider involves cognitive processes
The ACMA must consider these factors when determining reasonableness
ACMA has a duty to consider the needs of Defence Department and carrier/carriage service provider
These entities must consider these factors when making decisions
ACMA's consideration of factors diffuses to other entities
The ACMA's consideration of the needs of Defence Department and carrier/carriage service provider diffuses to other entities
The ACMA must consider these factors as part of this pattern when determining reasonableness
ACMA's consideration of factors is part of a recurring pattern
There is a recurring pattern of ACMA considering the needs of Defence Department and carrier/carriage service provider
Consult parties to agreement before certification
338(5) ACMA’s certification of draft agreement
339 Requirement to enter into certified agreement
Requirement to enter into certified agreement
339(1) Requirement to enter into certified agreement
Carrier or provider must enter into agreement within 30 days
339(2) Requirement to enter into certified agreement
Carrier or provider must comply with notice.
339(3) Requirement to enter into certified agreement
Carrier or provider must comply with certified agreement while it remains in force.
340 Compliance with agreement
341 Withdrawal of certification of agreement
Certified agreement must be in force at a particular time.
341(1) Withdrawal of certification of agreement
the certified agreement is during the period when the ACMA would have refused to certify it if it were a draft agreement;
Temporal relationship between certified agreements and draft agreements
(a) a certified agreement is in force at a particular time;
the ACMA must refuse to certify it if (b) the ACMA is of the opinion that, if the agreement were a draft agreement at that time, the ACMA would have refused to certify it.
the ACMA must refuse to certify it if (a) a certified agreement is in force at a particular time;
(b) the ACMA is of the opinion that, if the agreement were a draft agreement at that time, the ACMA would have refused to certify it.
the certified agreement is during the period when it would have been refused to certify if it were a draft agreement;
Must withdraw certification of agreement
341(2) Withdrawal of certification of agreement
Notice must be given to parties after withdrawal of certification
341(3) Withdrawal of certification of agreement
342 Duration of agreement
Duration of agreement remains in force until revoked.
342(1) Duration of agreement
Certified agreement can be replaced by a fresh certified agreement.
342(2) Duration of agreement
Agreement revocation upon ACMA withdrawal of certification
342(3) Duration of agreement
the agreement is revoked 60 days after the withdrawal.
Describes temporal overlap between ACMA withdrawal and agreement revocation
(3) If the ACMA withdraws its certification of a certified agreement,
Describes inference about agreement revocation upon ACMA withdrawal
Prohibits agreement revocation upon ACMA withdrawal of certification
Describes diffusion of information about agreement revocation upon ACMA withdrawal
Describes temporal relationship between ACMA withdrawal and agreement revocation
343 Variation of agreement
This section applies if a certified agreement is in force.
343(1) Variation of agreement
A defence authority may prepare a draft variation of the agreement.
343(2) Variation of agreement
Defence authority must consult carrier or carriage service provider concerned when preparing draft variation.
343(3) Variation of agreement
Defence authority must consult carrier or carriage service provider concerned
ACMA must certify variation if it would certify as draft agreement
343(4) Variation of agreement
Consult parties before forming an opinion about an agreement.
343(5) Variation of agreement
ACMA must consult parties before forming the opinion
ACMA must form an opinion about an agreement
Notice must be given to parties after decision on draft variation of agreement
343(6) Variation of agreement
344 Designated disaster plans
345 Carrier licence conditions about designated disaster plans
Carrier must comply with designated disaster plans.
345(1) Carrier licence conditions about designated disaster plans
No implication that section 63 is limited by subsection (1)
345(2) Carrier licence conditions about designated disaster plans
346 Service provider determinations about designated disaster plans
Service providers must comply with designated disaster plans.
346(1) Service provider determinations about designated disaster plans
Implication: Compliance is required if service providers must comply.
346(2) Service provider determinations about designated disaster plans
346A Carrier and carriage service provider immunity
Carrier and carriage service provider immunity from liability for acts done in good faith under designated disaster plans.
346A(1) Carrier and carriage service provider immunity
Disaster plans and carrier actions overlap in terms of compliance.
The provision overlaps with the Allen interval of a designated disaster plan.
(1) A carrier or carriage service provider is not liable to an action or other proceeding for damages...
If actions are not in compliance, then liability is not implied.
Liability is implied when actions are not in compliance with disaster plans.
If actions are in compliance, then immunity is implied.
Compliance with disaster plans implies immunity from liability.
Liability implications are diffused among carriers and carriage service providers.
The provision diffuses liability implications across carriers and carriage service providers.
Liability implications are contained within the provision.
The provision contains a trace of liability implications.
Immunity from liability for acts done in good faith
346A(2) Carrier and carriage service provider immunity
The immunity applies between acts done in good faith
The provision specifies a temporal interval for the immunity
(2) An officer, employee or agent of a carrier or of a carriage service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith.
The provision recognizes the role of artificial intelligence in the immunity
If the act was done in good faith, then the person is immune from liability
Good faith is a necessary condition for immunity
The diffusion of liability applies to other parties
The provision diffuses the liability to other parties
For all officers, employees, and agents of carriers and carriage service providers, the immunity applies
The provision specifies a universal quantifier for the immunity
347 Delegation
Delegation of powers by Secretary of Defence Department
347(1) Delegation
The Chief of the Defence Force may delegate powers to a senior member.
347(2) Delegation
Delegation may occur during a specific period.
Delegation occurs within a specific timeframe.
Delegation is subject to certain conditions.
A senior member may be delegated powers.
Permission granted by the Chief of the Defence Force.
Chief of the Defence Force has the power to delegate.
Defines senior rank for each military branch.
347(3) Delegation
Must provide pre-selection in favour of carriage service providers
348 Simplified outline
349 Requirement to provide pre-selection
Carrier must provide pre-selection in favour of a specified carriage service provider.
349(1) Requirement to provide pre-selection
349(2) Requirement to provide pre-selection
Must consider technical feasibility and costs/benefits when making a determination.
349(3) Requirement to provide pre-selection
Must consider technical feasibility and costs/benefits.
Matters to which regard may be had are not limited by subsection (3)
349(4) Requirement to provide pre-selection
Excluding public mobile telecommunications services from standard telephone service references.
349(5) Requirement to provide pre-selection
Prohibition of public mobile telecommunications services
Classification of standard telephone service references
Exclusion of certain standard telephone services from the definition.
349(5A) Requirement to provide pre-selection
Conditions for purposes of paragraph (5A)(b) may be set out by legislative instrument.
349(5B) Requirement to provide pre-selection
Consultation with ACCC before making a determination
349(6) Requirement to provide pre-selection
Requirement to apply, adopt or incorporate certain documents
349(7) Requirement to provide pre-selection
The ACMA may apply, adopt or incorporate a document.
349A Local access line
349A(1) Local access line
Line does not form part of a local access line to the extent that it is on the customer side of the boundary of a telecommunications network.
349A(2) Local access line
Line does not form part of a local access line.
Determines boundary of telecommunications network in the same manner as section 22.
349A(3) Local access line
Defines local access network for purposes of this section.
349A(4) Local access line
350 When pre-selection is provided in favour of a carriage service
Carrier must provide pre-selection in favour of a carriage service provider.
350(1) When pre-selection is provided in favour of a carriage service
A carriage service provider must provide pre-selection in favour of another provider.
350(2) When pre-selection is provided in favour of a carriage service
Defines end-user for controlled network or facility.
350(3) When pre-selection is provided in favour of a carriage service
End-user requirements for domestic and international calls
350(4) When pre-selection is provided in favour of a carriage service
350A Declared carriage services
The ACCC may declare a carriage service as declared for the purposes of this Part.
350A(1) Declared carriage services
350A(2) Declared carriage services
Must consider long-term interests of end-users when deciding to make a declaration.
350A(3) Declared carriage services
Obligation to promote long-term interests of end-users.
Must consider long-term interests of end-users.
Factors considered in decision-making process.
350A(4) Declared carriage services
Determine whether a thing promotes the long-term interests of end-users of carriage services or services supplied by means of carriage services.
350A(5) Declared carriage services
Part XIC of the Competition and Consumer Act 2010
Section 152AB of the Competition and Consumer Act 2010
351 Pre-selection to be provided
Determination requires person to provide pre-selection.
351(1) Pre-selection to be provided
Requires person to provide pre-selection.
Determination under section 349 is in force.
Must provide pre-selection in accordance with requirements.
351(2) Pre-selection to be provided
Regulations may make provision for arbitration conduct
351(3) Pre-selection to be provided
This provision requires a temporal relation between the regulation and the arbitration
The regulation may make provision for arbitration under this section
Nominations in writing by the Chairperson of the ACCC
The ACCC may be constituted by a single member or specified number of members for a particular arbitration.
351(4) Pre-selection to be provided
No implication that subsection (4) limits subsection (3).
351(5) Pre-selection to be provided
Comply with rules set out in determination
351(6) Pre-selection to be provided
352 Exemptions from requirement to provide pre-selection
Declaration of exemption from a requirement
352(1) Exemptions from requirement to provide pre-selection
ACMA must consider technical feasibility and financial hardship when deciding exemptions.
352(2) Exemptions from requirement to provide pre-selection
353 Use of over-ride dial codes
Carriage service provider must supply over-ride dial codes
353(1) Use of over-ride dial codes
First provider must ensure end-users can use over-ride dial codes for selecting alternative carriage service providers.
353(2) Use of over-ride dial codes
Obligation to ensure end-users can use over-ride dial codes.
Alternative carriage service provider may refuse supply
353(3) Use of over-ride dial codes
Switching systems must provide calling line identification.
354 Simplified outline
355 Calling line identification
A carrier or carriage service provider must comply with the requirements for a controlled facility.
355(1) Calling line identification
The installation completion meets the temporal interval.
Temporal interval for installation completion
Either the completion of the installation of the system occurred on or after 1 July 1997; or immediately before 1 July 1997, the system was capable of providing calling line identification.
The person must comply with the requirements for a controlled facility.
The person is a carrier or carriage service provider.
The person must comply with one of the alternative conditions.
Alternative condition for a controlled facility
(i) the completion of the installation of the system occurred on or after 1 July 1997; or (ii) immediately before 1 July 1997, the system was capable of providing calling line identification.
The person's controlled facility meets one of the alternative conditions.
Alternative conditions for a controlled facility
Ensure system capability for calling line identification
355(2) Calling line identification
ACMA may make a determination by legislative instrument.
355(3) Calling line identification
356 Exemptions from calling line identification requirement
Declaration of exemption from line identification requirement
356(1) Exemptions from calling line identification requirement
Consider exemptions from line identification requirement based on reasonableness and public interest.
356(2) Exemptions from calling line identification requirement
exemptions should be considered during decision-making
Consider exemptions during decision-making process
ACMA must have regard to matters before imposing the requirement
exemptions are justified if they are in the public interest
Exemptions are conditional on reasonableness and public interest
ACMA must consider exemptions if it is reasonable to impose the requirement
exemptions are relevant to AI-driven decision-making
Exemptions are part of AI-driven decision-making process
ACMA uses exemptions in its decision-making process
ACMA must have regard to the following matters
Exemptions diffuse to decision-making process
ACMA must consider exemptions before imposing the requirement
ACMA may have regard for matters beyond the scope of subsection (2)
356(3) Exemptions from calling line identification requirement
Qualifying carriage services to the end-user at the premises
Must connect premises to a qualifying telecommunications network
360 Simplified outline of this Part
Definitions for Part 19 of the Telecommunications Act 1997
360A Definitions
building unit has the same meaning as in Part 20A.
access agreement has the same meaning as in Part XIC of the Competition and Consumer Act 2010.
designated service area has the meaning given by section 360L.
anticipated service area has the meaning given by section 360KA.
contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.
associate has the meaning given by section 360AB.
designated compensable rule has the meaning given by subsection 360V(1B).
control has a meaning affected by section 360AC.
general service area has the meaning given by section 360F.
nominated service area has the meaning given by section 360H, 360HB or 360J.
Defines qualifying fixed wireless carriage service
360AA Qualifying fixed wireless carriage service
360AB Associate
360AB(1) Associate
an associate of a person (the first person)...
(1) For the purposes of this Part, an associate...
Persons are not associates if they do not act together in relevant dealings and one cannot exert influence over the other's business dealings.
360AB(2) Associate
Neither of them is in a position to exert influence over the other's business dealings at any time.
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
360AC Control
Definition of control for company purposes
360AD Control of a company
360AE When a person is in a position to exercise control of a facility
A person is in a position to exercise control of a facility if they meet certain conditions.
360AE(1) When a person is in a position to exercise control of a facility
The person exercises control over the facility during this time period.
The conditions specify when a person can exercise control over a facility.
The company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the first person.
The first person is in a position to exercise control of the facility.
The person has control over the facility.
The first person legally or beneficially owns the facility.
The first person can exercise control of the facility if they meet these conditions.
The conditions define what it means for a person to be able to exercise control over a facility.
The person stops exercising control over the facility until this time period ends.
The conditions specify when a person can stop exercising control over a facility.
An employee is not in a position to exercise control of a facility solely because of being an employee.
360AE(2) When a person is in a position to exercise control of a facility
The employee's control position is disjoint from their employment status.
Employee's control position is disjoint from their employment status
An employee's control position and employment status are related but distinct concepts.
The employee's control position can be determined without considering their employment status.
Employee's control position can be determined without considering their employment status
An employee's control position and employment status are distinct concepts.
Employee is not in a position to exercise control solely because of being an employee.
The employee's control position is not affected by their employment status.
Employee's control position is not affected by their employment status
The employee's control position and another person's association are unrelated.
Employee's control position and another person's association are unrelated
An employee's control position and another person's association are distinct concepts.
More than one person may exercise control of a facility.
360AE(3) When a person is in a position to exercise control of a facility
Definitions of service areas and statutory infrastructure providers
360B Simplified outline of this Division
360C Service area
360F General service area
360F(1) General service area
Classifies the legal effect of a provision
Area specified in a notice under section 360HA or 360HC is a pending area if NBN Co provides qualifying carriage services to end-users at one or more premises in the area.
360F(2) General service area
then: (c) if NBN Co provides qualifying carriage services to end-users at one or more premises in the area—so much of the notice area as does not include those premises is a pending area;
Temporal relation between NBN Co's provision of services and the notice area
(c) if NBN Co provides qualifying carriage services to end-users at one or more premises in the area—so much of the notice area as does not include those premises is a pending area;
(a) an area (the notice area) is specified in a notice under section 360HA or 360HC;
then: (d) in any other case—the notice area is a pending area;
(d) in any other case—the notice area is a pending area.
NBN Co is the statutory infrastructure provider for the general service area.
360G Statutory infrastructure provider for the general service area
360H Nominated service area—declaration made by a carrier
A provisional nominated service area is not a nominated service area if it is attributable to a subsequent declaration under this section or section 360HB.
360H(1) Nominated service area—declaration made by a carrier
Carrier must declare a nominated service area within 10 business days after installing telecommunications network infrastructure.
360H(2) Nominated service area—declaration made by a carrier
The declaration is a specific type of obligation.
Minister may specify conditions for purposes of paragraph (2)(c)
360H(3) Nominated service area—declaration made by a carrier
360HA Nominated service area—anticipatory notice to be given to
Carrier must give ACMA written notice within 20 business days after entering into contract for installation of telecommunications network infrastructure.
360HA(1) Nominated service area—anticipatory notice to be given to
Carrier is obligated to give ACMA written notice.
written notice stating contract details and estimated completion date
Carrier must give ACMA written notice within 90 days after commencement.
360HA(2) Nominated service area—anticipatory notice to be given to
360HB Nominated service area—declaration made by a carriage
A provisional nominated service area is not the whole or a part of a subsequent declaration's service area.
360HB(1) Nominated service area—declaration made by a carriage
Declare a provisional nominated service area within 20 business days after relevant time.
360HB(2) Nominated service area—declaration made by a carriage
Anticipatory notice must be given to ACMA by a carriage service provider
360HC Nominated service area—anticipatory notice to be given to
Carriage service provider must notify ACMA
360J Nominated service area—carrier licence conditions
Development area is a nominated service area for the purposes of this Part.
360J(1) Nominated service area—carrier licence conditions
360J(2) Nominated service area—carrier licence conditions
Minister may declare development area not a nominated service area.
360J(3) Nominated service area—carrier licence conditions
360J(4) Nominated service area—carrier licence conditions
Area cannot be specified in a declaration without at least one point also in the development area.
360J(5) Nominated service area—carrier licence conditions
Prohibits specifying an area without a point in the development area.
360K Statutory infrastructure provider for a nominated service area
Carrier is statutory infrastructure provider for a nominated service area.
360K(1) Statutory infrastructure provider for a nominated service area
Statutory infrastructure provider for a nominated service area
360K(1A) Statutory infrastructure provider for a nominated service area
the declaration was made before the area became a nominated service area.
Temporal relationship between areas and declarations
(b) the whole or a part of the provisional nominated service area is a nominated service area;
the carriage service provider is the statutory infrastructure provider for the nominated service area.
Definition of statutory infrastructure provider
(1A) For the purposes of this Part, if...
the carriage service provider is the one who declared the area.
(a) an area is a provisional nominated service area because of a declaration made by a carriage service provider under section 360HB;
Minister may declare exemption from subsection (1A) for a nominated service area.
360K(1B) Statutory infrastructure provider for a nominated service area
360KA Anticipated service area
Area specified in an anticipatory notice given by a carriage service provider is an anticipated service area.
360KA(1) Anticipated service area
Temporal relation between notice and project completion
Conditions for notice in force under subsection 360HC(1)
360KA(2) Anticipated service area
360KB Statutory infrastructure provider for an anticipated service
Carrier is statutory infrastructure provider for anticipated service area if specified in notice.
360KB(1) Statutory infrastructure provider for an anticipated service
Notice given by carrier under subsection 360HA(1) relates to real estate development project.
(a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project;
(1) For the purposes of this Part, if: (a) an area is specified in a notice given by a carrier under subsection 360HA(1) in relation to a real estate development project; and (b) the area is an anticipated service area; the carrier is the statutory infrastructure provider for the anticipated service area.
Carrier is statutory infrastructure provider.
the carrier is the statutory infrastructure provider for the anticipated service area.
(b) the area is an anticipated service area; the carrier is the statutory infrastructure provider for the anticipated service area.
Carrier must be statutory infrastructure provider if specified in notice.
the notice given by the carrier under subsection 360HA(1) relates to the real estate development project.
sec-33(3) of the Acts Interpretation Act 1901
Minister may declare exemption from subsection (1) for specified service area and carrier.
360KB(2) Statutory infrastructure provider for an anticipated service
Statutory infrastructure provider for an anticipated service area if specified in a notice.
360KB(3) Statutory infrastructure provider for an anticipated service
Temporal relation between notice and service area
Minister may declare exemption from subsection (3) or designate statutory infrastructure provider.
360KB(4) Statutory infrastructure provider for an anticipated service
Requires relation between temporal intervals for declaration.
360L Designated service area and statutory infrastructure provider
Declaration of designated service area and statutory infrastructure provider
360L(1) Designated service area and statutory infrastructure provider
Declaration of designated service area and statutory infrastructure providers
360L(2) Designated service area and statutory infrastructure provider
360LA Format of description of areas
Format of description of areas must be specified
360LA(1) Format of description of areas
Format of description of areas must be specified in a certain format
360LA(2) Format of description of areas
ACMA may determine a coordinate system by legislative instrument.
360LA(2A) Format of description of areas
Commencement of determination does not affect prior declarations or notices.
360LA(2B) Format of description of areas
360M Exempt real estate development projects
Real estate development project exemption based on telecommunications network infrastructure installation.
360M(1) Exempt real estate development projects
Telecommunications network infrastructure installation occurred on or after July 1, 2020.
...telecommunications network infrastructure was fully installed on or after 1 July 2020;
Contractual arrangement with carrier and real estate development project person.
No requirement for carrier to supply qualifying carriage services within all or any part of the project area.
...does not require the carrier to supply qualifying carriage services within all or any part of the project area;
Real estate development project person responsible for installation.
...the person responsible for the real estate development project;
Exempt real estate development projects from subsection 360H(2) if certain conditions are met.
360M(2) Exempt real estate development projects
Defines the temporal interval for telecommunications network infrastructure installation
Telecommunications network infrastructure installed on or after 1 July 2020
Building redevelopment projects must have telecommunications network infrastructure installed to supply public mobile telecommunications services.
360N Exempt building redevelopment projects
Telecommunications network infrastructure was fully installed on or after 1 July 2020.
Must have telecommunications network infrastructure installed.
Telecommunications network infrastructure must be technically capable of supplying carriage services within the project area.
360NA Proximity to a project area
The provision imposes a duty on the state.
360P Obligation of statutory infrastructure provider to connect
Qualifying fixed-line or wireless/satellite carriage services
Must connect premises to a qualifying telecommunications network for carriage services
360P(1) Obligation of statutory infrastructure provider to connect
No obligation arises under subsection (1) in relation to the connection of premises if a determination under subsection (3) specifies circumstances.
360P(2) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must connect
360P(3) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must connect area if conditions are met
360P(3A) Obligation of statutory infrastructure provider to connect
Must comply with requirements determined under subsection (5)
360P(4) Obligation of statutory infrastructure provider to connect
The Minister must determine requirements for statutory infrastructure connection.
360P(5) Obligation of statutory infrastructure provider to connect
A statutory infrastructure provider must connect to one or more service areas.
360P(6) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must connect under subsection (6) of the Acts Interpretation Act 1901.
360P(7) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must connect premises upon request.
360P(8) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider has a duty to connect premises.
360Q Obligation of statutory infrastructure provider to supply
Statutory infrastructure provider must supply eligible service to carriage service provider on reasonable request.
360Q(1) Obligation of statutory infrastructure provider to supply
Statutory infrastructure provider must supply carriage services to end-users.
360Q(1A) Obligation of statutory infrastructure provider to supply
Must supply carriage service using a satellite if subsection (1A) does not apply.
360Q(1B) Obligation of statutory infrastructure provider to supply
Must supply carriage service using a satellite.
Statutory infrastructure provider must supply
360Q(1C) Obligation of statutory infrastructure provider to supply
Statutory infrastructure provider must supply area if conditions are met.
360Q(2) Obligation of statutory infrastructure provider to supply
Must provide area if conditions are met.
Minister may determine conditions under which statutory infrastructure provider complies with obligations.
360Q(2A) Obligation of statutory infrastructure provider to supply
May determine conditions under which obligation is satisfied.
360Q(2B) Obligation of statutory infrastructure provider to supply
No obligation to supply eligible service under certain circumstances
360Q(3) Obligation of statutory infrastructure provider to supply
360R Notification obligations of statutory infrastructure provider
Statutory infrastructure provider must notify
360R(1) Notification obligations of statutory infrastructure provider
Provide written notice to specified parties within a certain timeframe if obligations under sections 360P or 360Q are likely to be fulfilled no longer.
360R(2) Notification obligations of statutory infrastructure provider
Must provide notice within a certain timeframe.
360R(2A) Notification obligations of statutory infrastructure provider
Notification obligations of statutory infrastructure provider
360R(3) Notification obligations of statutory infrastructure provider
360RA Rules may impose additional notification obligations on a
Additional notification obligations on statutory infrastructure providers
360RA(1) Rules may impose additional notification obligations on a
...make rules that: (a) apply to a statutory infrastructure provider that is subject to an obligation under subsection 360R(2) or (3); and (b) impose one or more additional notification obligations on the statutory infrastructure provider.
Rules apply between specific temporal intervals
(1) The ACMA may, by legislative instrument...
...impose one or more additional notification obligations on the statutory infrastructure provider.
Rules impose additional notification obligations
Rules diffuse information to statutory infrastructure providers
Rules may impose additional notification obligations on a
360RA(2) Rules may impose additional notification obligations on a
Notification obligations may be imposed by rules.
360RA(3) Rules may impose additional notification obligations on a
Rules can impose additional notification obligations.
Rules may impose additional notification obligations on a statutory infrastructure provider.
360RA(4) Rules may impose additional notification obligations on a
360RA(5) Rules may impose additional notification obligations on a
Must comply with rules under subsection (1)
360RA(6) Rules may impose additional notification obligations on a
360RB Statutory infrastructure provider must have a website
360S Targets for NBN Co
Ensure telecommunications networks meet certain speeds and coverage for fixed-line carriage services.
360S(1) Targets for NBN Co
Ensure telecommunications networks meet certain targets.
360S(2) Targets for NBN Co
360SA Notification obligations of carriage service provider
Notification obligations of carriage service provider
360SA(1) Notification obligations of carriage service provider
Carriage service provider must give written notice to end-users within 5 business days
360SA(2) Notification obligations of carriage service provider
360SB Rules may impose additional notification obligations on a
Carriage service providers must comply with additional notification obligations.
360SB(1) Rules may impose additional notification obligations on a
Imposes a duty on carriage service providers.
360SB(2) Rules may impose additional notification obligations on a
360SB(3) Rules may impose additional notification obligations on a
Standards for statutory infrastructure providers
360U Standards and benchmarks
Rules for statutory infrastructure providers regarding complaints and supply of eligible services
360V Rules
Liability for contravention of standards and rules
360VA Simplified outline
Statutory infrastructure provider has an obligation to comply with standards and rules
Defines customer and damages for this Division.
360VB Definitions
Disregard section 360VB when determining meaning of customer and damages expressions.
360VC Meaning of certain expressions
Ignoring section 360VB for meaning determination.
360VD Damages for breach of a designated compensable standard
Liability for breach of designated compensable standard
360VD(1) Damages for breach of a designated compensable standard
the liability commences during the breach.
Liability commences during breach of designated compensable standard
(a) a statutory infrastructure provider contravenes a designated compensable standard;
the statutory infrastructure provider is liable to pay damages to the customer for the contravention.
Statutory infrastructure provider owes an obligation to the customer
Statutory infrastructure provider has liability for breach of designated compensable standard
the statutory infrastructure provider owes a duty to comply.
Statutory infrastructure provider has a duty to comply with designated compensable standard
the customer owes an obligation against the statutory infrastructure provider.
Customer has an obligation against the statutory infrastructure provider
(b) the standard is determined under subsection 360U(1); and (c) the contravention relates to a particular customer;
360VD(2) Damages for breach of a designated compensable standard
the contravention occurred during the provision of service.
Contravention occurs during the provision of service
(2) If: a statutory infrastructure provider contravenes a designated compensable rule; and the rule is made under subsection 360V(1); and the contravention relates to a particular customer;
the statutory infrastructure provider has permission to provide service.
Statutory infrastructure provider has permission to provide service
the contravention occurred before liability was incurred.
Contravention occurs before liability is incurred
Determine damages for breach of standard
360VD(3) Damages for breach of a designated compensable standard
Reduction of damages for breach of standard
360VD(4) Damages for breach of a designated compensable standard
the amount of damages payable for the contravention is to be reduced
Reduction applies to credit or payment within the same event or transaction
Reduction applies when credit or payment was made as a result of a right or remedy
(i) was available to the customer otherwise than under this Division
Recovery of damages against statutory infrastructure provider
360VD(5) Damages for breach of a designated compensable standard
Customer has an obligation to recover damages
Discharge of liability through credit or agreement
360VD(6) Damages for breach of a designated compensable standard
Time limit for instituting an action under this section
360VD(7) Damages for breach of a designated compensable standard
The time limit is a point in time that marks the beginning of the obligation.
Relates to the temporal relationship between actions
The action under this section must be instituted before the time limit expires.
This action is a type of obligation that can be handled by artificial intelligence.
Relates to artificial intelligence and obligations
If the action is not instituted, it is not taken.
Must be instituted within a specified time frame
The action must be instituted before the time limit expires.
The obligation is diffused through the system by the beginning of the time period.
The obligation is triggered by the beginning of the time period.
Reference to customer includes legal personal representative if individual dies
360VD(8) Damages for breach of a designated compensable standard
Inclusion of legal personal representative
Legal personal representative is a subclass of customer
Subclass relationship between customer and legal personal representative
360VE Time for payment of damages
Statutory infrastructure provider must decide to accept liability within a specified timeframe.
360VE(1) Time for payment of damages
Statutory infrastructure provider must decide to accept liability
Must consider reasonable basis for dispute of liability
360VE(2) Time for payment of damages
Statutory infrastructure provider has an obligation to consider reasonable basis for dispute of liability
Statutory infrastructure provider must notify customer of decision within 14 weeks
360VE(3) Time for payment of damages
Written notification of decision within 14 weeks
Statutory infrastructure provider must perform action
Discharge liability within 14 weeks after decision made
360VE(4) Time for payment of damages
Liability to pay damages must be discharged within 14 weeks after decision is made.
360VE(5) Time for payment of damages
...the liability must be discharged within 14 weeks after the decision is made.
Temporal interval: Discharge liability within 14 weeks
(5) If: (a) a statutory infrastructure provider makes a decision...
Implication: Discharge liability within 14 weeks implies automated processing of customer notification
(5) If a statutory infrastructure provider makes a decision to accept...
Must discharge liability within 14 weeks
(5) If a statutory infrastructure provider makes a decision to accept a liability...
Implication: Discharge liability within 14 weeks implies notification of customer
Implication: Discharge liability within 14 weeks implies acceptance of liability
Customer's legal personal representative must be referenced in case of death.
360VE(6) Time for payment of damages
Obligation to reference legal personal representative.
Reference to customer includes reference to legal personal representative.
The Telecommunications Industry Ombudsman may issue an evidentiary certificate.
360VF Evidentiary certificate issued by the Telecommunications
360VG Savings of other laws and remedies
360VG(1) Savings of other laws and remedies
...to exclude or limit the concurrent operation of any law of a State or Territory.
360VG(2) Savings of other laws and remedies
The temporal interval of existing rights and remedies is preserved.
Preserves the temporal interval of existing rights and remedies.
This Division does not limit, restrict or otherwise affect any right or remedy a person would have if this Division had not been enacted.
The preservation of existing rights and remedies is preserved using cognitive AI.
Preserves the preservation of existing rights and remedies using cognitive AI.
The diffusion of existing rights and remedies is preserved.
Preserves the diffusion of existing rights and remedies.
The preservation of existing rights and remedies is preserved.
Preserves the preservation of existing rights and remedies.
Customer's right to complain to the Telecommunications Industry Ombudsman is unaffected.
360VG(3) Savings of other laws and remedies
Does not limit subsection (2) by implication.
360VG(4) Savings of other laws and remedies
The Minister may make rules prescribing matters required or permitted by this Division.
360VH Compensation rules
360W Offer to be made available etc.—connection of premises
Statutory infrastructure provider must make certain terms and conditions available on its website.
360W(1) Offer to be made available etc.—connection of premises
Must provide certain terms and conditions.
Must connect premises within a specified time frame after receiving a request from an end-user.
360W(2) Offer to be made available etc.—connection of premises
360W(3) Offer to be made available etc.—connection of premises
360W(4) Offer to be made available etc.—connection of premises
...has no effect to the extent to which it is inconsistent with...
Temporal overlap with standards and rules
(4) An offer made available under subsection (1)
has no effect to the extent to which it is inconsistent with...
Obligation to comply with standards and rules
Diffusing inconsistency through standards and rules
360X Offer to be made available—supply of eligible services
Must make available terms and conditions on website
360X(1) Offer to be made available—supply of eligible services
Statutory infrastructure provider must make available terms and conditions
Must provide eligible services within a specified timeframe and rectify faults/difficulties.
360X(2) Offer to be made available—supply of eligible services
360X(3) Offer to be made available—supply of eligible services
360X(4) Offer to be made available—supply of eligible services
360XA Periodic compliance reports
Requires periodic reports on compliance with Part.
360XA(1) Periodic compliance reports
Statutory infrastructure provider must comply with rules under subsection (1).
360XA(2) Periodic compliance reports
No excuse for not providing periodic compliance reports
360XA(3) Periodic compliance reports
Individuals must provide periodic compliance reports.
360XA(4) Periodic compliance reports
360Y Building redevelopment projects etc.
Project definition for building redevelopment projects
360Y(1) Building redevelopment projects etc.
Defines project area for building redevelopment project
360Y(2) Building redevelopment projects etc.
are the project area for the building redevelopment project
For the purposes of this Part, the area or areas occupied by the building or buildings
Establishes a clear scope for the project
The area or areas occupied by the building or buildings are the project area for the building redevelopment project
Establishes a specific scope for the project
The Minister may specify conditions for building redevelopment projects.
360Y(3) Building redevelopment projects etc.
It is immaterial whether the project has been, is being, or will be implemented in stages.
360Y(4) Building redevelopment projects etc.
360Z Register of statutory infrastructure providers and anticipatory
Register of statutory infrastructure providers and notices
Maintain a Register of statutory infrastructure providers and notices.
360Z(1) Register of statutory infrastructure providers and anticipatory
Classification of statutory infrastructure providers and notices
Register may be maintained by electronic means.
360Z(2) Register of statutory infrastructure providers and anticipatory
The Register must be made available for inspection on the ACMA’s website.
360Z(3) Register of statutory infrastructure providers and anticipatory
360Z(4) Register of statutory infrastructure providers and anticipatory
360ZA Delegation
360ZA(1) Delegation
Compliance with written directions of the Minister when performing delegated functions or exercising delegated powers.
360ZA(2) Delegation
Compliance is a temporal relation to the performance of delegated functions
Compliance occurs during the performance of delegated functions or exercise of delegated powers
ACMA must comply with written directions of the Minister when performing delegated functions.
ACMA's compliance is justified by the Minister's directions
Minister's written directions are a premise for ACMA's obligations
The Minister provides written directions that ACMA must comply with.
ACMA's compliance is a cognitive requirement
ACMA's compliance is a cognitive action that requires attention and effort
The ACMA must comply with written directions of the Minister.
ACMA must comply with written directions of the Minister.
Compliance diffuses the obligation to the Minister
Compliance is a means of fulfilling the obligation to the Minister
Delegation of powers to ACMA staff and SES employees
360ZA(3) Delegation
360ZA(4) Delegation
ACMA must give written directions to second delegate.
360ZA(5) Delegation
The Minister may give directions to Signatories.
364 Simplified outline
365 INTELSAT and Inmarsat—directions to Signatories
Applicable to carriers and carriage service providers designated by the Commonwealth.
365(1) INTELSAT and Inmarsat—directions to Signatories
Applicable to carriers and carriage service providers designated by the Commonwealth at some point in time.
Temporal relation between designation and applicability
Person has been designated before applicability.
Applicable to carriers and carriage service providers if they have been designated.
Conditional applicability based on designation
Person is a carrier or carriage service provider if they have been designated.
Applicable to carriers and carriage service providers who have been designated by the Commonwealth.
Designation by the Commonwealth as a condition for applicability
Person has been designated, by or on behalf of the Commonwealth.
Applicable to carriers and carriage service providers.
Person is a carrier or carriage service provider.
Applicable to carriers and carriage service providers who have been designated.
Person is a carrier or carriage service provider, and has been designated.
The Minister may give written directions to a person regarding their performance of functions as a Signatory.
365(2) INTELSAT and Inmarsat—directions to Signatories
Minister cannot give direction on customer handling manner
365(3) INTELSAT and Inmarsat—directions to Signatories
Must comply with a direction under subsection (2)
365(4) INTELSAT and Inmarsat—directions to Signatories
A person MUST comply with a direction under subsection (2)
(4) A person must comply with a direction under subsection (2)
366 Compliance with conventions
366(1) Compliance with conventions
The Minister may declare a convention binding for specified persons.
366(2) Compliance with conventions
Describes the class of persons for which a convention applies.
(2) The Minister may, by notice published in the Gazette...
Act in a way consistent with Australia's obligations under the convention.
366(3) Compliance with conventions
Australia's obligations under the convention.
Contains Australia's obligations under the convention.
(3) A person who is a member of that class...
Must act in a way consistent with Australia's obligations.
The Minister may declare a part of a convention binding for specified persons.
366(4) Compliance with conventions
Permission to declare a part of a convention binding.
Declaring a part of a convention binding is a class operation.
Must act in a way consistent with Australia's obligations under the convention.
366(5) Compliance with conventions
366(6) Compliance with conventions
agreement or arrangement is a superclass of convention
convention is a subclass of agreement or arrangement
foreign country is a superclass of official or authority
official or authority is a subclass of foreign country
367 Rules of conduct about dealings with international
Deals with unacceptable conduct by international telecommunications operators.
367(1) Rules of conduct about dealings with international
...the operator engages in unacceptable conduct if...
Prohibits conduct contrary to national interest.
(a) the operator uses, in a manner that is, or is likely to be, contrary to the national interest...
Regulates conduct by international telecommunications operators.
(b) the operator uses, in a manner that is, or is likely to be, contrary to the national interest...
Enforces prohibition on conduct contrary to national interest.
(c) the operator engages in any other conduct that is, or is likely to be, contrary to the national interest.
Applies prohibition to conduct by international telecommunications operators.
Minister may make Rules of Conduct to prevent, mitigate or remedy unacceptable conduct by international telecommunications operators.
367(2) Rules of conduct about dealings with international
The ACCC has general administration of the Rules of Conduct in force under section 367.
368 ACCC to administer Rules of Conduct
The ACCC has the obligation to administer the Rules of Conduct.
369 Rules of Conduct to bind carriers and carriage service providers
This section applies to a person who is a carrier or a carriage service provider.
369(1) Rules of Conduct to bind carriers and carriage service providers
Applies to carriers and carriage service providers
Comply with Rules of Conduct in force under section 367.
369(2) Rules of Conduct to bind carriers and carriage service providers
Obligation to comply with Rules of Conduct
Unenforceable provision inconsistent with Rules of Conduct
369(3) Rules of Conduct to bind carriers and carriage service providers
Prohibits enforcement of provision inconsistent with Rules of Conduct
370 Unenforceability of agreements
This section applies if an agreement, or a provision of an agreement, is unenforceable because of section 369.
370(1) Unenforceability of agreements
Section applies to agreements unenforceable due to section 369
Prevents enforcement of agreements or provisions
370(2) Unenforceability of agreements
(2) A party to the agreement is not entitled...
No recovery by any means for amounts another party would have been liable to pay under the agreement.
370(3) Unenforceability of agreements
Classifies the provision as a prohibition.
The ACCC can carry out investigations of contraventions of Rules of Conduct.
371 Investigations by the ACCC
372 Reviews of the operation of this Division
The ACCC must review and report on the operation of this Division.
372(1) Reviews of the operation of this Division
The ACCC must give a report to the Minister after the end of the financial year.
372(2) Reviews of the operation of this Division
The ACCC must review and report on specified matters if directed by the Minister.
372(3) Reviews of the operation of this Division
The ACCC must give a report to the Minister before the end of the specified period.
372(4) Reviews of the operation of this Division
Must provide a report to each House of Parliament within 15 sitting days.
372(5) Reviews of the operation of this Division
No installation of line or facility in project area without fibre-ready facility.
372A Simplified outline
Installation of optical fibre lines for real estate development projects with specified carriage services.
372B Deployment of optical fibre lines to building lots
Installation must occur after section commencement.
Mandatory installation for specified projects.
Scope for deployment of optical fibre lines to building units
372C Deployment of optical fibre lines to building units
372D Exemptions—Ministerial instrument
372D(1) Exemptions—Ministerial instrument
...from the scope of either or both of the following provisions:
(1) The Minister may, by legislative instrument...
Exemptions may be unconditional or subject to conditions.
372D(2) Exemptions—Ministerial instrument
372D(3) Exemptions—Ministerial instrument
372E Installation of fibre-ready facilities—building lots
Installation of fibre-ready facilities—building lots
372E(1) Installation of fibre-ready facilities—building lots
Installation occurs between subdivision of land and commencement of this section
(1) This section applies to the installation of a fixed-line facility in the project area, or any of the project areas, for a real estate development project if:
Installing fixed-line facilities in project areas without fibre-ready facilities is prohibited.
372E(2) Installation of fibre-ready facilities—building lots
(2) A person must not install a fixed-line facility in the project area, or any of the project areas, for a real estate development project,
Knowledge representation of fibre-ready facilities.
Prohibition of installing fixed-line facilities without fibre-ready facilities.
Specify conditions for fibre-ready facilities installation
372E(4) Installation of fibre-ready facilities—building lots
A person must not aid, abet, counsel or procure a contravention of subsection (2);
372E(5) Installation of fibre-ready facilities—building lots
Civil penalty provisions for breaches of subsections (2) and (5)
372E(6) Installation of fibre-ready facilities—building lots
Prohibits breaches of subsections (2) and (5)
Installation of fibre-ready facilities—building units
372F Installation of fibre-ready facilities—building units
Scope of subdivision of building lots and units
372G Sale of building lots and building units—subdivisions
372H Sale of building units—other projects
372H(1) Sale of building units—other projects
Cannot sell or lease building units without a functional fibre-ready facility installed nearby.
372H(2) Sale of building units—other projects
Cannot sell or lease a building unit unless a functional fibre-ready facility is installed in proximity to the unit.
372H(3) Sale of building units—other projects
The sale or lease of the unit must be within a certain time frame from the facility.
Proximity is within a certain time frame from the unit.
The use of artificial intelligence can aid in detecting non-compliance with the regulation.
A machine learning algorithm can be used to determine proximity and detect non-compliance.
Sale or lease of the unit is prohibited.
Functional fibre-ready facility is not installed in proximity to the unit.
Non-compliance with the regulation will lead to negative consequences.
If the sale or lease of the unit is not in proximity to the facility, it will spread and cause harm.
The sale or lease of the unit must be recurring within a certain time frame from the facility.
Temporal interval for proximity (recurring)
Proximity is recurring within a certain time frame from the unit.
No sale or lease of a building unit without a functional fibre-ready facility installed nearby.
372H(3A) Sale of building units—other projects
A person must not aid, abet, counsel or procure a contravention of subsection (2), (3) or (3A); or induce, whether by threats or promises or otherwise, a contravention of subsection (2), (3) or (3A);
372H(4) Sale of building units—other projects
Prohibits aiding, abetting, counseling or procuring a contravention.
372J Acquisition of property
372JA Remedial notices
Remedial notice for contravention of designated civil penalty provision
372JA(1) Remedial notices
There is a temporal interval between contravention and remedial notice
Temporal interval between contravention and remedial notice
Remedial notice is issued after a person has contravened a designated civil penalty provision
ACMA reasonably believes a person is contravening a designated civil penalty provision
ACMA reasonably believes a person is likely to contravene a designated civil penalty provision
Action must be taken for repeated contravention
Obligation to take action for repeated contravention
ACMA reasonably believes a person has contravened a designated civil penalty provision in circumstances that make it likely that the contravention will continue or be repeated
Action must be taken for initial contravention
Obligation to take action for initial contravention
Notice requiring person to remedy contravention or prevent likely contravention
372JA(2) Remedial notices
The person must remedy the contravention or prevent the likely contravention.
A remedial notice must be known as a remedial notice.
372JA(3) Remedial notices
372JB Contents of remedial notices
Information about the provision and circumstances of the contravention
Remedial notice must state certain information about a potential contravention of a designated civil penalty provision.
372JB(1) Contents of remedial notices
Directions concerning measures to remedy contravention or prevent likely contravention.
372JB(2) Contents of remedial notices
...the measures to be taken to: (a) remedy the contravention; or (b) prevent the likely contravention from occurring; or (c) remedy the things or operations causing the contravention or likely contravention.
Directions concerning measures to be taken during remedial notice period
(2) The remedial notice may include directions...
Requires directions concerning measures to be taken during remedial notice period
Requires directions concerning measures to remedy contravention or prevent likely contravention.
Allows directions concerning measures to be taken during remedial notice period
372JC Compliance with remedial notice
Compliance with remedial notice is mandatory.
372JC(1) Compliance with remedial notice
372JC(2) Compliance with remedial notice
Compliance with remedial notice is required.
372JC(3) Compliance with remedial notice
372JD Extension of time for compliance with remedial notices
Extension of compliance period for remedial notices
372JD(1) Extension of time for compliance with remedial notices
Imposes a duty on the state to extend compliance period
ACMA may extend compliance period for remedial notice
372JD(2) Extension of time for compliance with remedial notices
Extension of time for compliance with remedial notices is allowed under certain conditions.
372JD(3) Extension of time for compliance with remedial notices
Defines compliance period as the period stated in a remedial notice plus any extensions under this section.
372JD(4) Extension of time for compliance with remedial notices
372JE Variation of remedial notices
372JE(1) Variation of remedial notices
372JE(2) Variation of remedial notices
May extend compliance period for a remedial notice
372JE(3) Variation of remedial notices
372JF Revocation of remedial notices
Revocation of remedial notices if notice is no longer required.
372JF(1) Revocation of remedial notices
...the ACMA must, by written notice given to the person, revoke the notice.
Overlaps with compliance period for remedial notices.
(b) at a time during the compliance period for the notice, the ACMA forms a reasonable belief that the notice is no longer required...
Recognizes revocation notices as those that are no longer required.
(a) a person has been given a remedial notice; and (b) at a time during the compliance period for the notice, the ACMA forms a reasonable belief that the notice is no longer required...
Prohibits giving remedial notices if notice is no longer required.
Diffuses revocation notices throughout the compliance period.
Defines compliance period as stated in remedial notice under section 372JB, including extended periods under section 372JD.
372JF(2) Revocation of remedial notices
A remedial notice is not invalid due to formal defects or irregularities unless they cause substantial injustice.
372JG Formal irregularities or defects in remedial notices
Excluding formal defects from invalidation
List of designated civil penalty provisions
372JH Designated civil penalty provision
372K Exemptions—Ministerial instrument
Exemptions for real estate development projects from certain provisions.
372K(1) Exemptions—Ministerial instrument
372K(2) Exemptions—Ministerial instrument
Exemptions from scope of certain provisions
372K(3) Exemptions—Ministerial instrument
Exemptions under subsection (3) may be unconditional or subject to conditions.
372K(4) Exemptions—Ministerial instrument
may be unconditional or subject to conditions
372K(5) Exemptions—Ministerial instrument
372L Third party access regime
Access to fixed-line facility is required for certain owners and operators.
372L(1) Third party access regime
(a) the installation occurs after the commencement of this section; and (b) the facility is owned or operated by a person other than a carrier.
Facility owner/operator must provide access to carrier upon request.
372L(2) Third party access regime
Carrier may access facility for specific purposes with reasonable notice.
372L(3) Third party access regime
Exemption from compliance with subsection (2) based on ACCC certificate
372L(4) Third party access regime
Obligation to comply with subsection (2)
Facility owner/operator not required to comply
Regard must be had when determining technical feasibility
372L(5) Third party access regime
372M Terms and conditions of access
Owner/operator must comply with subsection 372L(2) on agreed terms and conditions.
372M(1) Terms and conditions of access
372M(2) Terms and conditions of access
Describes temporal relation to arbitration conduct
(2) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
Describes cognitive relation to regulation
372M(3) Terms and conditions of access
Temporal relation between ACCC constitution and arbitration
No implication that subsection (3) limits subsection (2).
372M(4) Terms and conditions of access
Subsection (3) does not limit subsection (2)
Determination under this section has no effect to the extent it is inconsistent with an agreement in writing.
372M(5) Terms and conditions of access
372N Exemptions—Ministerial instrument
Exemptions from section 372L for fixed-line facilities specified or ascertained in accordance with the instrument.
372N(1) Exemptions—Ministerial instrument
Grants permission to exempt fixed-line facilities.
372N(2) Exemptions—Ministerial instrument
372N(3) Exemptions—Ministerial instrument
Delegation of functions or powers to a member of the Commission
372N(4) Exemptions—Ministerial instrument
Permission to delegate functions or powers
372NA Code relating to access
The ACCC may make a Code setting out conditions for access provision.
372NA(1) Code relating to access
372NA(2) Code relating to access
Does not limit a power to make an instrument
372NA(3) Code relating to access
A power is conferred by or under this Act
Does not limit matters dealt with by codes or standards
372NA(4) Code relating to access
Section does not limit matters dealt with
Does not limit subsection 33(3B) of the Acts Interpretation Act 1901 by implication.
372NA(5) Code relating to access
372NA(6) Code relating to access
372NA(7) Code relating to access
372P Exemption of certain projects
Exemption for real estate development projects before commencement
372P(1) Exemption of certain projects
...if, before the commencement of this section...
State obligation to exempt real estate development projects
(1) A real estate development project is exempt...
Exemption for real estate development projects with fixed-line facilities installation
372P(2) Exemption of certain projects
Exemption of certain projects before commencement
372P(3) Exemption of certain projects
(3) A real estate development project is exempt...
372Q Real estate development projects etc.
A project is a real estate development project if certain conditions are met.
372Q(1) Real estate development projects etc.
The text states a condition for a project to be considered a real estate development project.
Defines project area for real estate development project
372Q(2) Real estate development projects etc.
A lot is a building lot for the purposes of this Act.
372Q(3) Real estate development projects etc.
If this Act applies, then building lots are defined as such
Specify conditions for real estate development projects
372Q(4) Real estate development projects etc.
It is immaterial whether a part of the area of land is not included in any of those lots.
372R Subdivision of an area of land
372S Building units
Applies to a building that has been, is being, or is to be constructed.
372S(1) Building units
Requires relation between temporal intervals
Building is a building unit if for single occupation or use.
372S(2) Building units
Defines building unit for strata title system purposes.
372S(3) Building units
The whole or part of the building exists during a specific time period
Describes temporal relationships between events
Building unit is defined as part of the building
The whole or part of the building has a specific classification
Describes hierarchical relationships between concepts
The whole or part of the building must be considered a building unit
Establishes a relationship between concepts
The whole or part of the building has a specific purpose
Establishes a causal relationship between concepts
The whole or part of the building must meet specific criteria
Building unit defined for separate lease
372S(4) Building units
That part of the building is a building unit
If part of building is to be leased separately, it is a building unit
372T Sale of building lots
Defines the concept of selling a building lot
A person sells a building unit if they transfer their freehold or leasehold interest.
372U Sale of building units
The transfer of interest occurs during the same time period as the sale.
Transfer of interest occurs during the same time period as the sale
The person transfers the whole or a part of their freehold or leasehold interest.
The person must transfer their interest.
The person holds a freehold or leasehold interest in the land.
372V Fixed-line facilities
372W Fibre-ready facility
372W(1) Fibre-ready facility
A fibre-ready facility must be technically capable of being used with an optical fibre line.
372W(2) Fibre-ready facility
It is technically capable of being used with an optical fibre line.
Industry codes and standards must be considered when determining fibre-ready facility capability.
372W(3) Fibre-ready facility
Must consider industry codes and standards.
Install facility on, over or under land; attach to building or structure.
372X Installation of a facility
Install facility on, over or under land.
372Y Installation of a fibre-ready facility in proximity to a building
Fibre-ready facility must be installed in proximity to a building lot
372Y(1) Installation of a fibre-ready facility in proximity to a building
Facility must be installed in sufficient proximity to the building unit.
372Y(2) Installation of a fibre-ready facility in proximity to a building
372Z Sewerage services, electricity or water supplied to a building
Severage services are supplied to a building lot if certain conditions are met.
372Z(1) Sewerage services, electricity or water supplied to a building
Temporal interval for installation of sewerage pipeline
(i) under the lot; or (ii) in sufficient proximity to the lot as to enable sewerage services to be readily connected to a building unit that has been, is being, is to be, or may be constructed on the lot;
(b) the pipeline is part of a public sewerage system.
Temporal interval for connection of sewerage services
(ii) in sufficient proximity to the lot as to enable sewerage services to be readily connected to a building unit that has been, is being, is to be, or may be constructed on the lot;
Building unit must have sewerage pipeline part of public sewerage system
372Z(2) Sewerage services, electricity or water supplied to a building
Pipeline must be installed in sufficient proximity to the building unit at some point
Pipeline is part of public sewerage system
Electricity supply requires an installed cable or proximity to the lot.
372Z(3) Sewerage services, electricity or water supplied to a building
The cable is installed during construction or being constructed.
Cable installation during construction or being constructed
(3) For the purposes of this Part, electricity is supplied to a building lot...
The cable is part of an electricity supply grid.
Electricity must be supplied to a building unit if an electricity cable is installed in sufficient proximity and part of the grid.
372Z(4) Sewerage services, electricity or water supplied to a building
Electricity must be connected within a certain proximity.
(a) an electricity cable is installed in sufficient proximity...
Must provide electricity to a building unit.
Water supply condition for a building lot
372Z(5) Sewerage services, electricity or water supplied to a building
water is supplied to a building lot if, and only if:
(a) a water pipeline is installed: (i) under the lot; or (ii) in sufficient proximity to the lot...
372ZA Supply to the public
A line is taken to be used or for use to supply a carriage service to the public if it forms part of a network unit.
372ZA(1) Supply to the public
the line forms part of the temporal interval.
The line forms part of a temporal interval.
(a) a line consists of, or forms part of, a network unit;
the line is taken to be used or for use.
(b) under section 44, the network unit is taken, for the purposes of section 42, to be used to supply a carriage service to the public;
the line is part of the temporal interval.
The line is part of a temporal interval.
A line is taken to be used or for use to supply a carriage service to the public.
372ZA(2) Supply to the public
Temporal intervals require relation between identifiable intervals
Cognitive AI logic applies to decision-making processes
The line is taken to be used or for use to supply a carriage service to the public.
(a) a line neither consists of, nor forms part of, a network unit;
Diffusion logic applies to spatial relationships
(b) assuming that the line were a network unit, then, under section 44, the network unit would be taken, for the purposes of section 42, to be used to supply a carriage service to the public;
Linear temporal logic requires ordered or recurring trace
No exclusion or limitation of State/Territory laws
372ZB Concurrent operation of State and Territory laws
Imposes obligation on States/Territories
372ZD NBN Co
ACMA may prohibit supply or possession of dangerous equipment or cabling.
373 Simplified outline
374 Part applies to networks or facilities in Australia operated by
A reference to a telecommunications network is a reference to a telecommunications network in Australia operated by a carrier or carriage service provider.
374(1) Part applies to networks or facilities in Australia operated by
A reference to a facility is a reference to a facility in Australia that is operated by a carrier or carriage service provider.
374(2) Part applies to networks or facilities in Australia operated by
Defines the manager of a telecommunications network or facility as the carrier or carriage service provider.
375 Manager of network or facility
The manager has a temporal relationship with the operation of the network or facility.
Specifies the temporal relationship between the manager and the operation of the network or facility.
The manager operates the network or facility.
The manager has certain responsibilities.
Suggests that the manager's role implies certain responsibilities.
The manager has an obligation to operate the network or facility.
Identifies the manager as a specific entity.
The manager is defined as the carrier or carriage service provider.
376 ACMA’s power to make technical standards
ACMA may make technical standards by legislative instrument.
376(1) ACMA’s power to make technical standards
Standards must protect the integrity of a telecommunications network or facility, health and safety of persons affected by it, and interoperability with customer equipment.
376(2) ACMA’s power to make technical standards
standards must be in effect before the operation
Temporal interval: standards must be in effect before the operation of a telecommunications network or facility
(2) Standards under this section are to consist only of such requirements as are necessary or convenient for...
Standards under this section are to consist only of such requirements as are necessary or convenient for...
standards must be protective of health and safety
Obligation to protect health and safety of persons affected by the telecommunications network or facility
standards are a subset of requirements that are protective
Class hierarchy: standards -> requirements -> protective requirements
standards are a subset of requirements that are health and safety requirements
Class hierarchy: standards -> requirements -> protective requirements -> health and safety requirements
standards may be in effect after the operation
Temporal interval: standards may be in effect after the operation of a telecommunications network or facility
376A ACMA must make technical standards if directed by the
The Minister must direct ACMA to make a technical standard within a specified period.
376A(1) ACMA must make technical standards if directed by the
ACMA must not make technical standards under certain conditions.
376A(2) ACMA must make technical standards if directed by the
...under section 14 of the Australian Communications and Media Authority Act 2005
requiring the ACMA to make a technical standard under section 14 of the Australian Communications and Media Authority Act 2005
...deals with one or more specified matters.
section 376 of this Act that deals with one or more specified matters.
...requiring the ACMA to make a technical standard...
Prohibition of making technical standards
377 Adoption of voluntary standards
ACMA may apply, adopt or incorporate standards proposed or approved by others.
377(1) Adoption of voluntary standards
Does not limit section 589 by implication.
377(2) Adoption of voluntary standards
Section 589 is not limited by implication.
Section 377(1) does not imply limitation of section 589.
Ensure adequate opportunity for representation and due consideration of representations.
378 Procedures for making technical standards
...interested persons have had an adequate opportunity...
(a) interested persons have had an adequate opportunity to make representations about the proposed standard (either directly, or indirectly by means of a report under paragraph (2)(g));
...the ACMA MUST, so far as is practicable...
Obligation to ensure adequate opportunity for representation and due consideration.
(1) Before making a technical standard...
(b) due consideration has been given to any representation so made.
...the ACMA MUST, so far as is practicable..., try to ensure that: (a) interested persons have had an adequate opportunity...
(1) Before making a technical standard under section 376, the ACMA must, so far as is practicable, try to ensure that: (a) interested persons have had an adequate opportunity to make representations about the proposed standard (either directly, or indirectly by means of a report under paragraph (2)(g)); and (b) due consideration has been given to any representation so made.
Classification of representations into direct or indirect reports.
379 Making technical standards in cases of urgency
ACMA is not required to comply with subsection 378(1) in relation to the making of a particular technical standard if it is necessary to make the standard as a matter of urgency.
379(1) Making technical standards in cases of urgency
if it is necessary to make the standard as a matter of urgency
Exemption from compliance with subsection 378(1)
Technical standards about customer equipment and customer cabling
Standard ceases to have effect after 12 months.
379(2) Making technical standards in cases of urgency
380 Disability standards
ACMA may make a standard for customer equipment.
380(1) Disability standards
Equipment used primarily by non-disabled persons
(b) the customer equipment is for use primarily by persons who do not have a disability.
Equipment used in standard telephone service
(a) the customer equipment is for use in connection with the standard telephone service.
Examples of features mentioned in paragraph (1)(c)
380(2) Disability standards
A standard under this section may be of general application or may be limited as provided in the standard.
380(3) Disability standards
380(6) Disability standards
Disability has the same meaning as in the Disability Discrimination Act 1992.
381 Adoption of voluntary standards
Adopt or incorporate standards proposed or approved by Standards Australia or other bodies.
381(1) Adoption of voluntary standards
381(2) Adoption of voluntary standards
382 Procedures for making disability standards
382(1) Procedures for making disability standards
(a) interested persons have had an adequate opportunity to make representations about the proposed standard (either directly, or indirectly by means of a report under paragraph (2)(g))
due consideration has been given to any representation so made.
interested persons have had an adequate opportunity to make representations about the proposed standard (either directly, or indirectly by means of a report under paragraph (2)(g))
ACMA may make an arrangement with bodies or associations for preparing and publishing standards
382(2) Procedures for making disability standards
382(3) Procedures for making disability standards
382(4) Procedures for making disability standards
383 Effect of compliance with disability standards
383(1) Effect of compliance with disability standards
No implication that matters are limited to which regard may be had.
383(2) Effect of compliance with disability standards
384 ACMA’s power to make technical standards
ACMA may make technical standards relating to interconnection of facilities.
384(1) ACMA’s power to make technical standards
ACMA cannot make a standard without ACCC direction.
384(2) ACMA’s power to make technical standards
Prohibition of making standards without ACCC direction.
ACCC may give written directions to ACMA regarding the exercise of power to make standards.
384(3) ACMA’s power to make technical standards
Must exercise powers in a manner consistent with ACCC directions
384(4) ACMA’s power to make technical standards
The ACCC must give a direction under subsection (3) if necessary to promote end-users' interests or reduce hindrance to access.
384(5) ACMA’s power to make technical standards
Classification of ACCC's power to make technical standards
ACMA has the power to make technical standards.
384(6) ACMA’s power to make technical standards
Defines declared service for ACMA's power to make technical standards.
384(9) ACMA’s power to make technical standards
385 Adoption of voluntary standards
385(1) Adoption of voluntary standards
ACMA may apply, adopt or incorporate standards.
385(2) Adoption of voluntary standards
386 Procedures for making technical standards
Ensure adequate opportunity for representations and due consideration of representations.
386(1) Procedures for making technical standards
due consideration has been given to any representations so made within a reasonable time frame.
Establish temporal intervals for the representations and due consideration.
(b) due consideration has been given to any representations so made.
the proposed standard is a technical standard under section 384.
Classify the proposed standard as a technical standard.
The ACMA must, so far as is practicable, try to ensure that:
ACMA may make an arrangement with bodies or associations to prepare and publish a draft standard.
386(2) Procedures for making technical standards
386(3) Procedures for making technical standards
386(4) Procedures for making technical standards
Representations must be made within a certain timeframe.
386(5) Procedures for making technical standards
Adequate opportunity to make representations
387 Procedures for making technical standards
ACMA cannot make a standard under section 384 without prior notice and approval from the body or association.
387(1) Procedures for making technical standards
The notice and standard-making periods overlap.
Excerpt describes a temporal overlap between notice and standard-making.
The ACMA must give a body or association a written notice requesting them to make a standard within the period specified in the notice.
The excerpt involves a decision-making process for standard-making.
Excerpt involves a decision-making process for standard-making.
The ACMA must not make a standard under section 384 unless one of the specified conditions is met.
The ACMA cannot make a standard under section 384 unless the conditions are met.
Prohibition on making standards without prior notice and approval.
ACMA must give a body or association a written notice requesting them to make a standard.
Non-compliance with notice implies prohibition of standard-making.
Excerpt implies that non-compliance with notice may result in prohibition.
If the body or association does not comply with the request, the ACMA must not make a standard under section 384.
The excerpt provides information about the procedures for making technical standards.
Excerpt defines a procedure for making technical standards.
Must run for at least 120 days after notice was given.
387(2) Procedures for making technical standards
The period contains a temporal interval of at least 120 days.
(2) The period specified under paragraph (1)(a)
must run for at least 120 days after the notice was given.
388 Provision of access
Promotes long-term interests of end-users of carriage services
389 Promotion of the long-term interests of end-users of carriage
of carriage services or of services supplied by means of carriage services
Requires consideration of long-term interests
Promotes the long-term interests of end-users
Classifies things promoting long-term interests
ACMA may determine technical standards by legislative instrument.
389A ACMA’s power to determine technical standards
389B Compliance with technical standards
Carrier must comply with technical standard
389B(1) Compliance with technical standards
389B(2) Compliance with technical standards
Compliance with technical standards is required.
389B(3) Compliance with technical standards
Exemption from subsection (1) for specified carriers or carriage service providers.
389B(4) Compliance with technical standards
An instrument under subsection (4) may be
389B(5) Compliance with technical standards
390 Application for connection permit
390(1) Application for connection permit
Permit application for connection to telecommunications network or facility.
390(2) Application for connection permit
Application must be in writing and in accordance with approved form.
391 Form of application
Application must comply with approved form.
An application must be accompanied by the charge (if any) fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.
392 Application to be accompanied by charge
Application must be accompanied by charge
393 Further information
393(1) Further information
ACMA may refuse to consider application until applicant provides information.
393(2) Further information
ACMA has an obligation to refuse application until applicant provides information.
394 Issue of connection permits
Issue of connection permits after considering an application.
394(1) Issue of connection permits
The section number '394(1)' overlaps with other section numbers.
Other section numbers may overlap with the section number '394(1)'.
The CogAI recognizes the key 'sec-394-ss-1' as a valid legislative excerpt.
The CogAI system recognizes the validity of the key 'sec-394-ss-1'.
The ACMA is obligated to issue a connection permit in accordance with the application.
ACMA has the obligation to issue a connection permit after considering an application.
The ACMA must consider each application before issuing a connection permit.
The key 'sec-394-ss-1' contains other keys.
Other keys may be contained within the key 'sec-394-ss-1'.
The section number '394(1)' repeats in the legislative text.
The section number '394(1)' appears multiple times in the legislative text.
Consideration of specific purposes and applicant knowledge when issuing a connection permit.
394(2) Issue of connection permits
Consider protection of telecommunications network integrity and persons' health/safety when issuing connection permits.
394(3) Issue of connection permits
ACMA's consideration of protection overlaps with persons' use of services supplied by means of a telecommunications network or facility.
ACMA's consideration of protection must overlap with persons' use of services supplied by means of a telecommunications network or facility.
ACMA considers the impact on persons who use services supplied by means of a telecommunications network or facility.
ACMA must protect telecommunications network integrity and persons' health/safety.
ACMA must consider protection of telecommunications network integrity and persons' health/safety.
ACMA has the power to issue connection permits.
ACMA has permission to issue connection permits without considering protection of telecommunications network integrity and persons' health/safety.
ACMA's decision-making process is constrained by the protection of telecommunications network integrity and persons' health/safety.
ACMA's decision-making process is constrained by class inclusion.
ACMA has a defined set of criteria for issuing connection permits.
ACMA must recurrently consider the protection of telecommunications network integrity and persons' health/safety.
ACMA must recurrently consider the protection of telecommunications network integrity and persons' health/safety in its decision-making process.
ACMA has a recurring obligation to protect telecommunications network integrity and persons' health/safety.
ACMA may have regard for matters not limited by subsections (2) and (3)
394(4) Issue of connection permits
ACMA is obligated to consider matters not limited by subsections (2) and (3)
ACMA is permitted to consider matters not limited by subsections (2) and (3)
Matters not limited by subsections (2) and (3) are within ACMA's regard at all times
ACMA must give written notice if refusing to issue connection permit
394(5) Issue of connection permits
395 Connection permit has effect subject to this Act
A connection permit has effect subject to this Act.
395(1) Connection permit has effect subject to this Act
The connection permit is subject to the Act.
(1) A connection permit has effect subject to this Act.
This Act includes other laws and regulations.
395(2) Connection permit has effect subject to this Act
Obligation to include other laws and regulations
Telecommunications (Consumer Protection and Service Standards) Act 1999
The holder's nominees are called by the ACMA if a connection permit is issued.
396 Nominees of holder
397 Duration of connection permits
397(1) Duration of connection permits
ACMA may declare the expiration day of a connection permit
397(2) Duration of connection permits
398 Conditions of connection permits
Compliance with Division requirements is mandatory for connection permit holders and their nominees.
398(1) Conditions of connection permits
398(2) Conditions of connection permits
Specify conditions for connection permits
Classify connection permits into classes
ACMA may impose further conditions on the permit or vary/revoke existing ones.
398(3) Conditions of connection permits
Permits holders' nominees under certain conditions.
398(4) Conditions of connection permits
(4) A condition of a connection permit may relate to the kinds of persons who can be the holder’s nominees.
No implication that limits conditions of connection permit
398(5) Conditions of connection permits
399 Offence of contravening condition
399(1) Offence of contravening condition
The permit and contravention are temporally related
Establishes temporal relation between permit and contravention
(a) the person is the holder of a connection permit, or a nominee of such a holder;
The person is prohibited from engaging in conduct that contravenes a condition
Prohibits engagement in conduct that contravenes a condition
The person is prohibited from engaging in conduct that is not subject to a condition
Prohibits conduct that is not subject to a condition
Engaging in conduct is defined as doing an act or omitting to perform an act.
399(2) Offence of contravening condition
Conduct can occur at any time during the relevant period.
Conduct is defined as doing an act or omitting to perform an act.
Conduct is a subset of actions and omissions.
Conduct can be either an action or an omission.
Compilation information and notes on amendments, applications, saving, transitional provisions, editorial changes, presentational changes, modifications, and self-repealing provisions.
4 June 2026
Requires temporal intervals for the compilation date and amendment history.
Classifies the compilation as a descriptive logic application.
ACMA may issue a formal warning for breaching permit conditions.
400 Formal warnings—breach of condition
Holder may surrender permit by written notice.
401 Surrender of connection permit
402 Cancellation of connection permit
402(1) Cancellation of connection permit
Prohibits cancellation of connection permits.
Consideration of relevant matters when cancelling a permit
402(2) Cancellation of connection permit
403 Register of connection permits
(a) all connection permits currently in force; (b) all conditions of such permits
Maintain a Register of connection permits
403(1) Register of connection permits
The Register may be maintained by electronic means.
403(2) Register of connection permits
May maintain the Register electronically.
Classification of the Register as electronic.
Inspect and copy extracts from the Register on payment of a charge.
403(3) Register of connection permits
Permission to inspect and copy extracts from the Register.
A person must make a copy of or take an extract from the Register if ACMA provides them with a printout.
403(4) Register of connection permits
Obligation to make a copy or take an extract from the Register.
The relevant parts of the Register are provided by ACMA.
Request for electronic form of connection permit information
403(5) Register of connection permits
404 Connection rules
Rules for connection of customer equipment to telecommunications network or facility
404(1) Connection rules
404(2) Connection rules
said to be subject to the connection rules
(2) A person specified under paragraph (1)(a)
Empowers ACMA to make decisions of an administrative character.
404(3) Connection rules
405 Procedures for making connection rules
Temporal interval for representation under paragraph (2)(g).
(either directly, or indirectly by means of a report under paragraph (2)(g))
must try to ensure that interested persons have had an adequate opportunity to make representations about the proposed rules.
(1) Before making connection rules under section 404, the ACMA...
must give due consideration to any representation so made.
interested persons have had an adequate opportunity to make representations about the proposed rules.
Classifies representation as a subclass of representation under paragraph (2)(g).
(a) interested persons have had an adequate opportunity to make representations about the proposed rules.
406 Application of labels
A reference in this Division to a label includes a reference to a statement.
406(1) Application of labels
406(2) Application of labels
A person authorized in writing by a manufacturer or importer to act as an agent for the purposes of this Division.
406A Application of Division to agent of manufacturer or importer
The key refers to an agent of the manufacturer or importer.
A reference to a manufacturer or importer includes a person authorized in writing.
The key refers to an agent of the manufacturer or importer for customer equipment or cabling.
A reference to a customer equipment or cabling includes a person authorized in writing.
A reference to a person includes a person authorized in writing.
Manufacturer/importer must apply label indicating compliance with standards.
407 Labelling requirements
408 Requirements to apply labels—ancillary matters
This section applies to an instrument under section 407.
408(1) Requirements to apply labels—ancillary matters
408(2) Requirements to apply labels—ancillary matters
Must provide a label in the specified form.
The method of applying a label must be as specified by the ACMA.
408(3) Requirements to apply labels—ancillary matters
The method of applying a label is required.
Exemptions for imported customer equipment or cabling
408(4) Requirements to apply labels—ancillary matters
Written statement from certification body, testing results, quality assurance programs, and declaration.
Manufacturer or importer must meet specific requirements before applying a label.
408(5) Requirements to apply labels—ancillary matters
Manufacturer or importer must retain records and declaration for inspection.
408(6) Requirements to apply labels—ancillary matters
Obligation to retain records and declaration.
409 Recognised testing authorities and competent bodies
409(1) Recognised testing authorities and competent bodies
Determination of recognised testing authority
409(2) Recognised testing authorities and competent bodies
409(3) Recognised testing authorities and competent bodies
410 Certification bodies
410(1) Certification bodies
410(2) Certification bodies
411 Connection of customer equipment or customer cabling—
Do not connect customer equipment or cabling to a telecommunications network or facility.
411(1) Connection of customer equipment or customer cabling—
Prohibition of connecting equipment to a telecommunications network.
411(2) Connection of customer equipment or customer cabling—
A reasonable excuse excuses non-compliance with subsection (2).
411(2A) Connection of customer equipment or customer cabling—
A reasonable excuse excuses non-compliance.
The defendant bears the burden of proof for a reasonable excuse.
Permit required for connection or maintenance of customer equipment or cabling.
411(3) Connection of customer equipment or customer cabling—
412 Connection of labelled customer equipment or customer cabling
Manager must provide written consent for connection of customer equipment or cabling.
412(1) Connection of labelled customer equipment or customer cabling
Manager is permitted to refuse connection.
Manager has an obligation to provide written consent.
Customer is permitted to propose connection of equipment or cabling.
412(2) Connection of labelled customer equipment or customer cabling
Prohibition of contravening subsection (1)
There is a duty to comply with subsection (1)
Contravening subsection (1) is forbidden
The offence is defined in section 412(2)
Defendant bears evidential burden in relation to reasonable excuse.
412(2A) Connection of labelled customer equipment or customer cabling
Defendant must believe in reasonable excuse.
Manager's refusal to connect customer equipment or cabling is justified if there are reasonable grounds for concern about integrity, health, or safety.
412(3) Connection of labelled customer equipment or customer cabling
Connection would constitute a threat during operation.
Manager's refusal is justified if there are reasonable grounds for concern.
Label on equipment or cabling indicates contravention of section 414 or 416.
413 Supply of unlabelled customer equipment or unlabelled
Supply of unlabelled customer equipment or cabling is prohibited.
413(1) Supply of unlabelled customer equipment or unlabelled
Prohibition of supplying unlabelled equipment or cabling.
413(2) Supply of unlabelled customer equipment or unlabelled
Contravening subsection (1) is prohibited
413(2A) Supply of unlabelled customer equipment or unlabelled
The exemption does not overlap with subsection (2)
Subsection (2) does not apply if the person has a reasonable excuse
If there is a reasonable excuse, then subsection (2) does not apply
The defendant is excused from compliance with subsection (2)
The defendant must provide evidence of a reasonable excuse
A defendant bears an evidential burden in relation to the matter in subsection (2A)
The exemption is based on a reasonable excuse, no further tracing required
413(3) Supply of unlabelled customer equipment or unlabelled
414 Applying labels before satisfying requirements under
Do not apply a label before satisfying requirements.
414(1) Applying labels before satisfying requirements under
(1) If a person is subject to requirements...
414(2) Applying labels before satisfying requirements under
414(3) Applying labels before satisfying requirements under
415 Failure to retain records etc.
Manufacturer/importer must not contravene requirements after label application.
415(1) Failure to retain records etc.
...a manufacturer or importer must not contravene those requirements.
415(2) Failure to retain records etc.
No records must be retained if there is a reasonable excuse.
415(3) Failure to retain records etc.
416 Application of labels containing false statements about
Labeling false statements about equipment compliance
416(1) Application of labels containing false statements about
Prohibits applying labels with false statements
Committing an offence punishable by a fine not exceeding 120 penalty units
416(2) Application of labels containing false statements about
417 Protected symbols
Prohibition on using protected symbols in business, trade, or occupation.
417(1) Protected symbols
Offence for contravening protected symbols
417(2) Protected symbols
commits an offence punishable on conviction by a fine not exceeding 30 penalty units.
Prohibits contravening protected symbols
(2) A person who contravenes subsection (1)
Prohibits prosecution as an alternative to payment of penalties
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
Prohibits conviction by fine exceeding 30 penalty units
Implies that contravention leads to offence
Nothing in subsection (1) limits anything else in that subsection.
417(3) Protected symbols
No effect on trade mark or design rights
417(4) Protected symbols
418 Cabling work
419 Types of cabling work
Declare specified cabling work as a type of cabling work for the purposes of this Division.
419(1) Types of cabling work
419(2) Types of cabling work
Determine type of cabling work solely by reference to declaration.
419(3) Types of cabling work
Prohibition on performing cabling work without proper authorization.
420 Prohibition of unauthorised cabling work
(1) A person must not perform a particular type of cabling work unless:
421 Cabling provider rules
Rules for cabling providers must be made by ACMA.
421(1) Cabling provider rules
421(2) Cabling provider rules
Compliance with cabling provider rules is mandatory.
421(3) Cabling provider rules
421(4) Cabling provider rules
421(5) Cabling provider rules
422 Procedures for making cabling provider rules
422(1) Procedures for making cabling provider rules
Representations about proposed rules are considered.
ACMA may make an arrangement with bodies or associations to prepare and publish draft cabling provider rules.
422(2) Procedures for making cabling provider rules
422(3) Procedures for making cabling provider rules
422(4) Procedures for making cabling provider rules
A copy of a determination under paragraph (2)(c) is to be published in the Gazette.
422(5) Procedures for making cabling provider rules
Representation periods are contained within this temporal interval.
Temporal interval for representation period
A period of at least 60 days is a temporal interval within which representations can be made.
Representations must be made within this timeframe.
There was a period of at least 60 days during which the representations could be made.
Representations were not made within this timeframe.
Must not have had an adequate opportunity to make representations
There was no period of at least 60 days during which the representations could be made.
Representation periods are spread by this temporal interval.
A period of at least 60 days is spread by the diffusion of representations.
Representation periods are related to this temporal interval.
Temporal relationship for representation periods
A period of at least 60 days is the next temporal interval within which representations can be made.
Individuals may apply for a cabling licence.
423 Application for cabling licence
424 Form of application
writing, description of knowledge and experience
Application must be in writing and describe knowledge and experience.
424(1) Form of application
Verification by statutory declaration of statements in applications.
424(2) Form of application
425 Application to be accompanied by charge
426 Further information
Request for further information from applicant within 7 days.
426(1) Further information
426(2) Further information
427 Grant of cabling licence
427(1) Grant of cabling licence
(a) the applicant has the necessary knowledge and experience to perform cabling work of that type; (b) cabling work of that type performed in accordance with the conditions included in the licence would comply with standards in force under section 376; (c) the issue of the licence is not contrary to directions given by the Minister under section 440.
Granting of cabling licence requires applicant to have necessary knowledge and experience.
427(2) Grant of cabling licence
the issue of the licence is not contrary to directions given by the Minister under section 440
the applicant has the necessary knowledge and experience to perform cabling work of that type
Time limit for ACMA decision on licence application
428 Time limit on licence decision
ACMA must give written notice of refusal decision to applicant.
429 Notification of refusal of application
430 Cabling licence has effect subject to this Act
A cabling licence has effect subject to this Act.
430(1) Cabling licence has effect subject to this Act
The cabling licence is in effect during the period of this Act.
(1) A cabling licence has effect subject to this Act.
If a cabling licence exists, it is subject to this Act.
The provision asserts that a cabling licence is subject to this Act.
The cabling licence is subject to this Act.
The provision diffuses the information that a cabling licence is subject to this Act.
430(2) Cabling licence has effect subject to this Act
A cabling licence remains in force until its specified expiration day or indefinitely.
431 Duration of cabling licence
432 Conditions of cabling licence
A cabling licence is subject to conditions specified by the ACMA.
432(1) Conditions of cabling licence
A cabling licence is subject to conditions.
432(2) Conditions of cabling licence
Imposing further conditions on the licence
432(3) Conditions of cabling licence
432(4) Conditions of cabling licence
A determination under subsection (1) is a legislative instrument.
432(5) Conditions of cabling licence
433 Procedures for changing licence conditions
ACMA may exercise powers on its own initiative or on application by licence holder.
433(1) Procedures for changing licence conditions
433(2) Procedures for changing licence conditions
433(3) Procedures for changing licence conditions
ACMA must give written notice of refusal to applicant.
433(4) Procedures for changing licence conditions
433(5) Procedures for changing licence conditions
ACMA refuses to grant or deny application
Application received before end of 30 days
ACMA's refusal is taken as refusal at the end of 30 days
Offence for contravening cabling licence condition
434 Offence in relation to contravening condition
Licence holder must comply with conditions during licence validity
(1) A person commits an offence if: (a) the person is the holder of a cabling licence that authorises the performance of a particular type of cabling work;
Licence holder has a duty to comply with conditions
Licence holder is obligated to comply with conditions
Cabling licence holder is a specific type of licence holder
Licence holder must comply with conditions everywhere they perform cabling work
ACMA may issue a formal warning for breaching a licence condition.
435 Formal warnings—breach of condition
436 Surrender of cabling licence
Holder must surrender licence upon request.
436(1) Surrender of cabling licence
holder of a cabling licence may surrender the licence
Surrender of cabling licence takes effect on the day notice is given to ACMA.
436(2) Surrender of cabling licence
437 Suspension of cabling licence
Suspension of cabling licence for up to 28 days
437(1) Suspension of cabling licence
ACMA must consider certain matters when suspending a cabling licence.
437(2) Suspension of cabling licence
Temporal interval for consideration process
ACMA may have regard for matters beyond those explicitly limited by subsection (2)
437(3) Suspension of cabling licence
Section 420 has effect as if the licence did not exist during suspension.
437(4) Suspension of cabling licence
438 Cancellation of cabling licence
438(1) Cancellation of cabling licence
Prohibits cancellation of cabling licence
ACMA must consider certain matters when cancelling a cabling licence.
438(2) Cancellation of cabling licence
ACMA must have regard to certain matters.
ACMA must decide whether to cancel the cabling licence.
ACMA is required to consider certain matters.
439 ACMA may limit application of Division in relation to customer
ACMA may limit application of Division in relation to customer cabling.
439(1) ACMA may limit application of Division in relation to customer
Limits application of Division in relation to customer cabling
439(2) ACMA may limit application of Division in relation to customer
439(3) ACMA may limit application of Division in relation to customer
This Division has effect in accordance with an instrument in force under subsection (1).
439(4) ACMA may limit application of Division in relation to customer
440 Ministerial directions
The Minister may give written directions to ACMA.
440(1) Ministerial directions
440(2) Ministerial directions
Ministerial directions are not limited by subsection (2)
440(2A) Ministerial directions
Cannot direct on application handling method
440(3) Ministerial directions
The Minister cannot give a direction to the ACMA about how it performs its functions.
440(4) Ministerial directions
Prohibition of giving a direction to the ACMA.
441 Delegation
Delegation of functions and powers to a person.
441(1) Delegation
Delegation of function or power to a Division of the ACMA
441(1A) Delegation
Exemptions from subsections (1) and (1A)
441(2) Delegation
Delegate must follow written directions from ACMA or Division that delegated power.
441(3) Delegation
Delegate has an obligation to follow written directions.
Powers of ACMA are in addition to other powers.
441(4) Delegation
442 Register of cabling licences
(a) all cabling licences currently in force; (b) all conditions of such licences
442(1) Register of cabling licences
442(2) Register of cabling licences
Inspecting and copying the Register of cabling licences
442(3) Register of cabling licences
Permission to inspect and copy the Register
442(4) Register of cabling licences
The provision applies to the period when ACMA provides a printout of the Register
ACMA provides a printout of the Register at some point in time
A person must make a copy of or take an extract from the Register
ACMA provides a printout of the Register
Request for electronic copy of information
442(5) Register of cabling licences
Granting permission to request electronic copy
443 Civil action for unauthorised connections to telecommunications
Manager of network or facility may apply for remedial relief if damage is not caused.
443(1) Civil action for unauthorised connections to telecommunications
Manager has a duty to apply for remedial relief.
Granting of relief includes injunction and damages or account of profits.
443(2) Civil action for unauthorised connections to telecommunications
Relief granted includes injunction and damages or account of profits.
Grant interim injunction pending application determination
443(3) Civil action for unauthorised connections to telecommunications
444 Remedy for contravention of labelling requirements
Remedy for contravention of labelling requirements
444(1) Remedy for contravention of labelling requirements
the manager of the network or facility may apply...
Application must be made within 3 years after damage or loss.
444(2) Remedy for contravention of labelling requirements
Application must be made within 3 years.
Prohibition on unlabelled customer equipment or cabling
445 Remedies for connection of unlabelled customer equipment or
Prohibits unlabelled customer equipment or cabling
Disconnection of dangerous customer equipment or customer cabling is prohibited.
446 Disconnection of dangerous customer equipment or customer
Prohibits the connection of customer equipment to a telecommunications network.
447 Disconnection of customer equipment or customer cabling—
Disconnect customer equipment or cabling under certain conditions.
447(1) Disconnection of customer equipment or customer cabling—
...if it is necessary to disconnect other customer equipment or other customer cabling...
Defines temporal interval for disconnection.
(c) disconnect the equipment or cabling;
...the manager of the network or facility may:...
Justifies disconnection under certain conditions.
(b) the manager of the network or facility has an honest belief...
Involves AI decision-making in disconnection.
Prohibits disconnection of customer equipment or cabling.
...disconnect that other equipment or cabling.
Propagates disconnection to related equipment.
(d) if it is necessary to disconnect other customer equipment or other customer cabling...
Direct manager to reconnect equipment or cabling if ACMA believes no reasonable grounds for disconnection existed.
447(2) Disconnection of customer equipment or customer cabling—
ACMA believes no reasonable grounds for disconnection existed.
ACMA's belief that no reasonable grounds for disconnection existed is between the time equipment or cabling was disconnected and the present.
Manager must reconnect equipment or cabling.
ACMA's direction to the manager is a decision that can be made using artificial intelligence.
ACMA directs manager to reconnect equipment or cabling.
If ACMA directs manager to reconnect equipment or cabling, then the manager must reconnect equipment or cabling.
If ACMA believes no reasonable grounds for disconnection existed, then ACMA directs manager to reconnect equipment or cabling.
Comply with a direction under subsection (2)
447(3) Disconnection of customer equipment or customer cabling—
447(4) Disconnection of customer equipment or customer cabling—
448 Civil action for dangerous connections to telecommunications
Manager of network or facility may recover loss or damage from person making unauthorized connection.
448(1) Civil action for dangerous connections to telecommunications
Manager has obligation to recover loss or damage.
448(2) Civil action for dangerous connections to telecommunications
Does not affect other remedies by implication
449 Other remedies not affected
450 Declaration of prohibited customer equipment or prohibited
Operation or supply of specified customer equipment is prohibited.
450(1) Declaration of prohibited customer equipment or prohibited
Prohibition on customer equipment or facilities that pose a risk to telecommunications networks or human health and safety.
450(2) Declaration of prohibited customer equipment or prohibited
...who operate; or work on; or use services supplied by means of;
Identifies temporal intervals where prohibited actions are applicable.
(b) the protection of the health or safety of persons who...
...prohibited customer equipment or prohibited facilities.
Analyzes the implications of prohibited actions.
Imposes a duty to avoid certain actions.
...prohibited customer equipment or prohibited
Describes the scope of prohibited equipment or facilities.
(a) the protection of the integrity of a telecommunications network or of a facility;
Describes how prohibited actions affect others.
(iv) are otherwise reasonably likely to be affected by the operation of;
...who are otherwise reasonably likely to be affected by the operation of;
Describes a recurring pattern of prohibited actions.
(i) operate; or (ii) work on; or (iii) use services supplied by means of;
Publish a copy of an instrument on the ACMA's website.
450(3) Declaration of prohibited customer equipment or prohibited
Must publish a copy of an instrument on the ACMA's website.
Definition of supply includes various forms of sale, exchange, lease, hire, or hire-purchase.
450(5) Declaration of prohibited customer equipment or prohibited
452 Operation of prohibited customer equipment or customer
Prohibition on operating or possessing prohibited customer equipment or cabling.
452(1) Operation of prohibited customer equipment or customer
Prohibition on operating prohibited customer equipment or customer
452(2) Operation of prohibited customer equipment or customer
Prohibition on supply of prohibited customer equipment or customer
452(3) Operation of prohibited customer equipment or customer
Prohibits supply of prohibited customer equipment or customer
Includes supply by way of sale, exchange, lease, hire, or hire-purchase
supply includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.
453 Pre-commencement labels
Labeling requirement before commencement
453(1) Pre-commencement labels
Requires manufacturer or importer to apply label to equipment
453(2) Pre-commencement labels
Manufacturer or importer must apply label
453A Penalties payable instead of prosecution
Alternative penalty provision for certain offences
453A(1) Penalties payable instead of prosecution
Imposes an obligation on the regulations to make provision for alternative penalties
Penalties payable instead of prosecution
453A(2) Penalties payable instead of prosecution
(2) The amount of penalty payable to the Commonwealth...
Simplified outline of Part 22, Division 2, Section 454A
454 Simplified outline
454A Minister may determine numbering scheme manager
The Minister may determine a numbering scheme manager.
454A(1) Minister may determine numbering scheme manager
The Minister is obligated to determine the numbering scheme manager.
454A(2) Minister may determine numbering scheme manager
Minister must ensure numbering scheme manager meets principles
454A(3) Minister may determine numbering scheme manager
...the Minister is satisfied that the person will manage the numbering scheme in accordance with the numbering scheme principles.
Temporal relationship between Minister's determination and numbering scheme management
(3) The Minister must not determine a person as the numbering scheme manager unless...
Minister's satisfaction implies person meets principles
Obligation to manage according to principles
Consultation with ACMA and ACCC required before determining numbering scheme manager.
454A(4) Minister may determine numbering scheme manager
Minister must determine numbering scheme manager
No property rights in numbers for carriage services supply
454B No property rights in numbers
does not confer any property rights in numbers
Determination of a person as the numbering scheme manager
454C Numbering scheme principles
The numbering scheme manager must manage the numbering scheme.
454C(1) Numbering scheme principles
The numbering scheme manager MUST manage...
(1) The numbering scheme manager must...
adequate and appropriate supply of numbers
Plan adequate and appropriate supply of numbers for carriage services
454C(2) Numbering scheme principles
454D Revocation of determination
Revocation of determination as numbering scheme manager
454D(1) Revocation of determination
Consultation requirement before revoking determination
454D(2) Revocation of determination
454E Directions to numbering scheme manager
Minister may direct numbering scheme manager to amend rules or change processes.
454E(1) Directions to numbering scheme manager
Directions must be consistent with the numbering scheme principles.
454E(2) Directions to numbering scheme manager
Must provide directions consistent with the numbering scheme principles.
(2) The direction must be consistent with the numbering scheme principles.
Directs ACMA or ACCC to do or refrain from doing something
454E(3) Directions to numbering scheme manager
454F Numbering scheme manager providing information to the
Request for information from numbering scheme manager
454F(1) Numbering scheme manager providing information to the
Requesting information for administrative purposes
454F(2) Numbering scheme manager providing information to the
ACMA has an obligation to request information
Requester may specify form of information required
454F(3) Numbering scheme manager providing information to the
454F(4) Numbering scheme manager providing information to the
454F(5) Numbering scheme manager providing information to the
Subsection (4) is a civil penalty provision.
454G Directions to comply with rules
Directs a person to comply with a rule or process
454G(1) Directions to comply with rules
454G(2) Directions to comply with rules
454G(3) Directions to comply with rules
A direction under subsection (1) is not a legislative instrument.
454G(4) Directions to comply with rules
Documents containing rules and processes of the numbering scheme are not legislative instruments.
454H Numbering scheme documents are not legislative instruments
455 Numbering plan
Must make a plan for numbering carriage services and using numbers with service supply
455(1) Numbering plan
Regard must be had to obligations and recognised international standards when making or varying the numbering plan.
455(10) Numbering plan
Temporal interval: Making or varying the numbering plan
(10) In making or varying the numbering plan, the ACMA must have regard to:
Obligation to consider obligations and standards
ACMA is not required to make a numbering plan before 1 January 1998.
455(12) Numbering plan
455(2) Numbering plan
The numbering plan starts during its creation.
Specify numbers for carriage services supply
455(3) Numbering plan
Specify different numbers for carriage services
455(4) Numbering plan
Rules about allocation, transfer, surrender, portability and use of allocated numbers
455(5) Numbering plan
Rules may authorise allocation of numbers outside a system
455(6) Numbering plan
455(7) Numbering plan
Does not limit matters dealt with by numbering plan
455(8) Numbering plan
Continuity of allocation and issue of number unaffected by renumbering.
455(9) Numbering plan
...the continuity of: (a) the allocation of the number; or (b) the issue of the number.
Temporal interval between renumbering and continuity
(9) The renumbering of a number in accordance with the numbering plan does not affect...
Cognitive agent recognizes continuity obligation
Exemption from application if a numbering scheme manager exists.
455A Application
456 Numbering plan—supply to the public
sets out circumstances for carriage service supply to public
456(1) Numbering plan—supply to the public
If a carriage service is used for the carriage of communications between 2 end-users
456(2) Numbering plan—supply to the public
457 Numbering plan—allocation otherwise than in accordance with
charge (if any) fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005
Application must be accompanied by charge fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005.
457(1) Numbering plan—allocation otherwise than in accordance with
Refund of amount tendered by applicant if application is not successful.
457(2) Numbering plan—allocation otherwise than in accordance with
458 Numbering plan—rules about portability of allocated numbers
ACMA cannot make a numbering plan without ACCC direction.
458(1) Numbering plan—rules about portability of allocated numbers
The ACCC may give written directions to the ACMA.
458(2) Numbering plan—rules about portability of allocated numbers
Ensure rules about portability of allocated numbers are set out in the numbering plan
458(3) Numbering plan—rules about portability of allocated numbers
458(4) Numbering plan—rules about portability of allocated numbers
within the same temporal interval as ACCC directions
Must be exercised within the same temporal interval as ACCC directions
ACMA must exercise powers under section 455 in a manner consistent with ACCC directions
exercise of powers implies consistency with ACCC directions
exercise of powers implies inference of consistency with ACCC directions
in a manner consistent with ACCC directions
ACMA must exercise powers under section 455
consistency with ACCC directions propagates to exercise of powers
Must consider portability of allocated numbers to promote end-users' interests
458(5) Numbering plan—rules about portability of allocated numbers
Portability contains the requirement to promote end-users' interests
Portability is a temporal interval that must be considered
Considering portability promotes end-users' interests
Promoting end-users' interests implies considering portability
Considering portability implies promoting end-users' interests
Portability is considered when promoting end-users' interests
Portability is relevant to promoting end-users' interests
End-users' interests are promoted by considering portability
Portability is required to promote end-users' interests
Portability is a requirement for promoting end-users' interests
Portability is diffused to promote end-users' interests
Determines the question of promoting long-term interests in a manner similar to Part XIC of the Competition and Consumer Act 2010.
458(6) Numbering plan—rules about portability of allocated numbers
459 ACMA to administer numbering plan
459A Delegation
459A(1) Delegation
Delegation of power to a Division of the ACMA
459A(2) Delegation
460 Consultation about numbering plan
ACMA must publish notice before making numbering plan.
460(1) Consultation about numbering plan
Must have due regard to comments from interested persons.
460(2) Consultation about numbering plan
Consultation about numbering plan variation
460(3) Consultation about numbering plan
460(4) Consultation about numbering plan
Declaration under subparagraph (3)(a)(ii) is a legislative instrument.
460(4A) Consultation about numbering plan
(4A) A declaration under subparagraph (3)(a)(ii) is a legislative instrument.
The declaration is an obligation on the State.
Declaration is an obligation on the State.
The declaration is an obligation on the State to make it a legislative instrument.
Declaration is an obligation on the State to make it a legislative instrument.
461 Consultation with ACCC
ACMA must consult ACCC before making or varying a numbering plan.
461(1) Consultation with ACCC
ACMA must consult ACCC before exercising power.
461(2) Consultation with ACCC
461A Making numbering plan in cases of urgency
ACMA must make or vary a numbering plan as a matter of urgency.
461A(1) Making numbering plan in cases of urgency
(1) This section applies if the ACMA is satisfied that it is necessary to make or vary a numbering plan as a matter of urgency to ensure that numbering of carriage services and the use of numbers are properly managed in the absence of a numbering scheme manager.
(1) This section applies if the ACMA is satisfied that it is necessary to make or vary a numbering plan as a matter of urgency.
Obligation to make or vary a numbering plan.
Describes circumstances for making numbering plan in cases of urgency
461A(2) Making numbering plan in cases of urgency
462 Compliance with the numbering plan
462(1) Compliance with the numbering plan
number portability in relation to customers of a carriage service provider
Compliance with numbering plan requirements
462(2) Compliance with the numbering plan
Obligation to comply with numbering plan requirements
Regulations may make provision for arbitration conduct under this section.
462(3) Compliance with the numbering plan
462(4) Compliance with the numbering plan
462(5) Compliance with the numbering plan
Must comply with numbering plan and pricing principles determination
462(6) Compliance with the numbering plan
Minister's determination is a legislative instrument.
462(7) Compliance with the numbering plan
Defines price-related terms and conditions.
462(8) Compliance with the numbering plan
463 Allocation system for numbers
ACMA may determine an allocation system for carriage service providers.
463(1) Allocation system for numbers
Consultation with ACCC before determining the system.
463(2) Allocation system for numbers
A system may apply generally or in respect of a particular area and require payment of an application fee.
463(3) Allocation system for numbers
463(4) Allocation system for numbers
No implication that subsections (3) and (4) limit subsection (1).
463(5) Allocation system for numbers
A system must provide for the allocation of a particular number and an eligible amount.
463(6) Allocation system for numbers
Must provide for the allocation of a particular number and an eligible amount.
ACMA may enter into arrangement with person about collection of fees
463(7) Allocation system for numbers
463(8) Allocation system for numbers
463A Numbering scheme manager
ACMA may prepare allocation system if there is a numbering scheme manager.
463A(1) Numbering scheme manager
ACMA must not determine an allocation system that does not meet its requirements.
463A(2) Numbering scheme manager
464 Consultation about an allocation system
Publish notice on website before determining or varying an allocation system
464(1) Consultation about an allocation system
464(2) Consultation about an allocation system
Consultation about an allocation system is not required for minor variations.
464(3) Consultation about an allocation system
Designated authority for purposes of section
465 Register of allocated numbers
466 Emergency service numbers
Identify numbers for emergency call services
466(1) Emergency service numbers
466(2) Emergency service numbers
Specify different emergency service numbers for use in different areas.
466(3) Emergency service numbers
468 Collection of numbering charges
468(1) Collection of numbering charges
Payment of allocation charge when number is allocated
468(2) Collection of numbering charges
468(3) Collection of numbering charges
468(4) Collection of numbering charges
The person is liable to pay to the Commonwealth...
Penalty applies during time when charge became due
(4) The ACMA may, by written instrument...
Penalty applies if charge remains unpaid after due date
Remission of penalty after determination under subsection (4)
468(5) Collection of numbering charges
468(6) Collection of numbering charges
Payable charge and penalty to ACMA on behalf of the Commonwealth.
468(7) Collection of numbering charges
Debts due to the Commonwealth may be recovered by ACMA
468(8) Collection of numbering charges
Must pay amounts received by way of allocation charge, annual charge or late payment penalty to the Commonwealth.
468(9) Collection of numbering charges
ACMA may collect payments on behalf of the Commonwealth
469 Collection of charges on behalf of the Commonwealth
470 Cancellation of certain exemptions from charge
Cancels exemptions from charge liability
470(1) Cancellation of certain exemptions from charge
Cancellation of certain exemptions from charge does not apply if another Act refers specifically to the Telecommunications (Numbering Charges) Act 1997.
470(2) Cancellation of certain exemptions from charge
471 Commonwealth not liable to charge
The Commonwealth is not liable to pay charge imposed by the Telecommunications (Numbering Charges) Act 1997.
471(1) Commonwealth not liable to charge
Defines a temporal interval for when the Commonwealth is not liable to pay charge imposed by the Telecommunications (Numbering Charges) Act 1997.
(1) The Commonwealth is not liable to pay charge imposed by the Telecommunications (Numbering Charges) Act 1997.
Applies reasoning to determine when the Commonwealth is not liable to pay charge imposed by the Telecommunications (Numbering Charges) Act 1997.
Prohibits the Commonwealth from paying charge imposed by the Telecommunications (Numbering Charges) Act 1997.
Spreads the information that the Commonwealth is not liable to pay charge imposed by the Telecommunications (Numbering Charges) Act 1997.
Establishes a temporal trace for when the Commonwealth is not liable to pay charge imposed by the Telecommunications (Numbering Charges) Act 1997.
471(2) Commonwealth not liable to charge
(a) a Department of State; (b) a Department of the Parliament established under the Parliamentary Service Act 1999; (c) a branch or part of the Australian Public Service in relation to which a person has, under an Act, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service;
(2) Even though the Commonwealth is not liable to pay charge imposed by Division 1 of Part 2 of the Telecommunications Numbering of carriage services and regulation of electronic addressing Part 22 Numbering of carriage services Division 2 Section 472 Telecommunications Act 1997
The Finance Minister may give written directions for carrying out or giving effect to subsection (2)
471(3) Commonwealth not liable to charge
The Finance Minister may give written directions
Commonwealth must comply with directions despite other laws.
471(4) Commonwealth not liable to charge
The Commonwealth is not liable to charge for certain authorities.
471(5) Commonwealth not liable to charge
The authority cannot be taxed at any time.
If the Commonwealth is not liable to charge, then it cannot be taxed.
The Commonwealth is not liable to charge.
This section is a subclass of sections related to taxation.
This section is about the liability of the Commonwealth.
472 Integrated public number database
Minister may determine a person to provide and maintain an integrated public number database.
472(1) Integrated public number database
472(2) Integrated public number database
Directs a person to do or refrain from doing a specified act
472(3) Integrated public number database
A letter or symbol is taken to be a number.
473 Letters and symbols taken to be numbers
474 Declared manager of electronic addressing
Declares manager of electronic addressing
474(1) Declared manager of electronic addressing
474(2) Declared manager of electronic addressing
ACMA cannot make a determination unless directed by ACCC or considers the person/association is not managing electronic addressing to ACMA's satisfaction.
474(3) Declared manager of electronic addressing
or considers the person/association is not managing electronic addressing to ACMA's satisfaction
Temporal relation between ACCC direction and ACMA determination
ACCM must not make a determination unless directed by ACCC under subsection (4)
Knowledge representation of persons/associations and their management of electronic addressing
unless ACCC directs or considers the person/association is not managing electronic addressing
Prohibition of making a determination without ACCC direction or satisfaction
Classification of persons/associations based on management of electronic addressing
ACMA considers that the person/association is not managing that kind of electronic addressing to ACMA's satisfaction
Information flow between ACCC and ACMA regarding electronic addressing management
Recurring trace of ACCC direction and ACMA determination
474(4) Declared manager of electronic addressing
Must exercise powers in accordance with ACCC directions
474(5) Declared manager of electronic addressing
within the period during which the ACCC has exercised its powers under subsection (4)
Exercise powers within temporal overlap of ACCC directions
(5) The ACMA must exercise its powers under subsection (1) in a manner consistent with directions given by the ACCC under subsection (4)
by providing AI systems with information about the exercise of powers under this section
Exercise powers in accordance with ACCC directions, supporting AI decision-making
in a manner consistent with directions given by the ACCC under subsection (4)
Exercise powers in accordance with ACCC directions
(5) The ACMA must exercise its powers under subsection (1)
by disseminating information about the exercise of powers under this section
Exercise powers in accordance with ACCC directions, spreading information
at regular intervals during which the ACCC has exercised its powers under subsection (4)
Exercise powers recurrently in accordance with ACCC directions
The ACCC must not give a direction unless it is likely to have a bearing on competition or consumer protection.
474(6) Declared manager of electronic addressing
The ACCC must not give a direction during a period when compliance is likely to have a bearing on competition or consumer protection.
Compliance with the direction is likely to have a bearing on competition or consumer protection.
The ACCC recognizes that compliance with the direction has a bearing on competition or consumer protection.
Compliance with the direction diffuses to all periods where compliance is likely to have a bearing on competition or consumer protection.
The ACCC must not give a direction that recurs during a period when compliance is likely to have a bearing on competition or consumer protection.
ACMA may direct a declared manager of electronic addressing to do or refrain from doing a specified act.
475 ACMA may give directions to declared manager of electronic
Directs the manager to do or refrain from doing a specified act.
Classifies electronic addressing as a listed carriage service.
476 ACCC may give directions to declared manager of electronic
The ACCC may direct the declared manager to do or refrain from doing a specified act.
476(1) ACCC may give directions to declared manager of electronic
Classification of electronic addressing and carriage services
ACCC must give direction under section unless certain conditions met
476(2) ACCC may give directions to declared manager of electronic
ACCC must not give a direction unless...
ACCC must consider social and economic importance when determining public importance of electronic addressing.
476(3) ACCC may give directions to declared manager of electronic
Obligation to consider social and economic importance
Consideration of social and economic importance
ACCC may give directions to declared manager of electronic
476(4) ACCC may give directions to declared manager of electronic
ACCC must consult ACMA before giving directions to declared manager of electronic
476(5) ACCC may give directions to declared manager of electronic
Must comply with a direction under this section.
476(6) ACCC may give directions to declared manager of electronic
Offence for contravening direction given under section 476(7)
476(7) ACCC may give directions to declared manager of electronic
...and the person’s conduct contravenes the direction.
Temporal overlap between direction and conduct
...the person’s conduct contravenes the direction.
Prohibits conduct that contravenes direction
476(8) ACCC may give directions to declared manager of electronic
ACCC has an obligation to give directions
Engage in conduct means doing an act or omitting to perform an act.
476(9) ACCC may give directions to declared manager of electronic
ACMA's directions are overridden by ACCC's directions to the same extent they are inconsistent.
477 ACCC’s directions to prevail over the ACMA’s directions
ACCC's direction overrides ACMA's direction.
Neither ACMA nor ACCC direction has effect to the extent of inconsistency.
ACMA direction is overridden if it is inconsistent with ACCC direction.
ACMA direction given under section 475 and ACCC direction given under section 476
Terms and conditions for telecommunications-related goods and services
478 Simplified outline
479 Standard terms and conditions apply unless excluded
Standard terms and conditions apply unless excluded
479(1) Standard terms and conditions apply unless excluded
Defines the temporal scope of the standard terms and conditions
Imposes a duty on the carriage service provider
Terms and conditions apply unless excluded
479(2) Standard terms and conditions apply unless excluded
Obligation to provide terms and conditions
No prohibition on concurrent operation of State/Territory laws
482 Concurrent operation of State/Territory laws
This Part has no effect on the Competition and Consumer Act 2010 to the extent it is inconsistent.
483 Competition and Consumer Act not affected by this Part
484 Schedule 3
484A Schedule 3A
Ensure establishment and maintenance of SMS Sender ID Register
484B Simplified outline of this Part
Obligation to ensure establishment and maintenance
484C Definition of sender identification
484C(1) Definition of sender identification
484C(2) Definition of sender identification
Message header is not a sender identification if it consists only of numbers.
484C(3) Definition of sender identification
Minister may specify a service for purposes of paragraph (1)(c)
484C(4) Definition of sender identification
Minister may specify a thing for purposes of paragraph (2)(d)
484C(5) Definition of sender identification
Definition of spoofing sender identification
484D Definition of spoofing sender identification
484E SMS Sender ID Register
Establish a register for SMS sender IDs.
484E(1) SMS Sender ID Register
484E(2) SMS Sender ID Register
484F Application for approval under this section
Entity may apply for approval under this section.
484F(1) Application for approval under this section
List of entities covered by this subsection
484F(2) Application for approval under this section
This subsection applies to all entities within the specified temporal range.
(2) This subsection covers the following entities:
Entity must provide application information in approved form.
484F(3) Application for approval under this section
Entity must provide application information.
484G Application for registration of sender identifications
Entity must apply for registration of sender identifications.
484G(1) Application for registration of sender identifications
Application must specify sender identifications and be accompanied by applicable charge.
484G(2) Application for registration of sender identifications
Requirements for making an application and verifying identity
484G(3) Application for registration of sender identifications
(a) requirements relating to the making of the application;(b) requirements relating to the verification of the applicant’s identity.
(3) Without limiting the requirements that may be determined for the purposes of paragraph (2)(c)
484H Removal of entries from the SMS Sender ID Register
Removal of entries from the SMS Sender ID Register
484H(1) Removal of entries from the SMS Sender ID Register
(1) The ACMA may remove an entry from the SMS Sender ID Register if...
ACMA is not required to observe natural justice hearing rule
484H(2) Removal of entries from the SMS Sender ID Register
Does not limit a determination made under subsection 484L(4) about the matter mentioned in paragraph 484L(4)(c).
484H(3) Removal of entries from the SMS Sender ID Register
Subsection (1) does not limit a determination made under subsection 484L(4)
Obligations may incorporate other obligations
A determination may be made without limitation
No obligation to limit determination and other obligations apply
484J Automation of administrative action
Chair may arrange for use of computer programs under oversight.
484J(1) Automation of administrative action
484J(2) Automation of administrative action
(2) Administrative action is: (a) making a decision under subsection 484F(5) or (6); or (b) making a decision under subsection 484G(4), (6) or (7); or (c) giving a notice under subsection 484F(8) or 484G(8); or (d) doing, or refusing or failing to do, anything related to making a decision under subsection 484F(5) or (6) or 484G(4), (6) or (7). The ACMA is treated as having taken administrative action
Administrative action taken by computer program is treated as ACMA's administrative action.
484J(3) Automation of administrative action
Administrative action taken by computer program
ACMA may make a decision in substitution for an incorrect computer program decision.
484J(4) Automation of administrative action
ACMA has a duty to make correct decisions.
Specifies the day on which a substituted decision takes effect.
484J(5) Automation of administrative action
Delegation of legislative power is not a legislative instrument.
484J(6) Automation of administrative action
Delegate power to an SES employee or acting SES employee
484J(7) Automation of administrative action
484K Oversight and safeguards for automation of administrative
Chair must ensure administrative action is validly taken by ACMA.
484K(1) Oversight and safeguards for automation of administrative
Chair has an obligation to ensure administrative action is validly taken.
Chair of ACMA must perform prescribed actions. Compliance with oversight and safeguards for automation of administrative tasks.
484K(2) Oversight and safeguards for automation of administrative
Chair of ACMA MUST perform prescribed actions.
Failure to comply does not affect administrative action validity
484K(3) Oversight and safeguards for automation of administrative
Notice to entities of substituted decisions
Temporal interval for administrative action validity
(3) A failure to comply with subsection (1) or (2)
Subsection non-compliance does not affect administrative action validity
Administrative action validity diffusion
Entity must receive written notice of substituted decision within 14 days.
484K(4) Oversight and safeguards for automation of administrative
484L Determinations relating to SMS Sender ID Register
Determination of requirements for the purposes of paragraph 484F(3)(d)
484L(1) Determinations relating to SMS Sender ID Register
Determination is a legislative instrument
Determination that makes provision for access to the SMS Sender ID Register
484L(2) Determinations relating to SMS Sender ID Register
Requirement for an application to be accompanied by the applicable charge
484L(3) Determinations relating to SMS Sender ID Register
Requires an application to be accompanied by a charge
ACMA may make a determination for the administration and operation of the SMS Sender ID Register.
484L(4) Determinations relating to SMS Sender ID Register
484L(5) Determinations relating to SMS Sender ID Register
484M Application of the Privacy Act 1988 to a contracted service
Contracted service provider must provide a service to ACMA under the contract.
484M(1) Application of the Privacy Act 1988 to a contracted service
Must provide a service to ACMA under the contract.
Application of the Privacy Act 1988 to a contracted service
484M(2) Application of the Privacy Act 1988 to a contracted service
May hold public inquiries about certain matters relating to telecommunications.
485 Simplified outline
486 When inquiry must be held
The Minister must give ACMA a written direction to hold a public inquiry.
486(1) When inquiry must be held
The Minister must give ACMA a written direction.
Minister cannot direct ACMA to hold a public inquiry about content service content.
486(2) When inquiry must be held
Prohibition of directing ACMA to hold a public inquiry.
The Minister must direct ACMA to consult with specified persons and have regard to specified matters.
486(3) When inquiry must be held
486(4) When inquiry must be held
(4) The ACMA must comply with a direction under this section.
487 When inquiry may be held
Inquiry may be held about telecommunications matters
487(1) When inquiry may be held
The ACMA may hold an inquiry about the matter.
487(2) When inquiry may be held
488 Informing the public about an inquiry
Publish notice of public inquiry details
488(1) Informing the public about an inquiry
No need to publish notice of all matters referred to in subsection (1) at the same time or in the same way.
488(2) Informing the public about an inquiry
489 Discussion paper
Prepare a discussion paper on issues relevant to a matter
489(1) Discussion paper
Obligation to prepare a discussion paper
Must make copies of discussion paper available at offices
489(2) Discussion paper
ACMA may publish discussion paper in electronic form and charge for supply.
489(3) Discussion paper
490 Written submissions and protection from civil actions
Provide a reasonable opportunity for public submissions
490(1) Written submissions and protection from civil actions
Obligation to provide a reasonable opportunity
ACMA must provide a reasonable opportunity to make submissions within 28 days.
490(2) Written submissions and protection from civil actions
Submissions must be made during a period that overlaps with at least 28 days.
ACMA's obligation to provide a reasonable opportunity can be inferred from its role.
ACMA has an obligation to provide a reasonable opportunity.
ACMA's obligation to provide a reasonable opportunity diffuses to any party affected.
Submissions must be made recurrently during a period that overlaps with at least 28 days.
Protection from civil actions for making statements in good faith
490(3) Written submissions and protection from civil actions
Protection from civil actions for written submissions and public hearings.
490(4) Written submissions and protection from civil actions
491 Hearings
The ACMA may hold hearings for the purposes of a public inquiry.
491(1) Hearings
Hearings may be held to receive submissions or provide a forum for public discussion.
491(2) Hearings
491(3) Hearings
Chair must preside at hearings when present.
491(4) Hearings
491(5) Hearings
...the hearing is to be presided over by...
(5) If the Chair is not present at a hearing...
The hearing is to be presided over by...
491(6) Hearings
492 Hearing to be in public except in exceptional cases
Hearing must be in public except in exceptional cases
492(1) Hearing to be in public except in exceptional cases
The section applies only during the time period of the hearing.
(1) This section applies to a hearing conducted under this Division.
If the section applies, then the hearing must be in public except in exceptional cases.
The section applies only in the context of hearings conducted under this Division.
The hearing must be in public except in exceptional cases.
Hearing must take place in public except in exceptional cases
492(2) Hearing to be in public except in exceptional cases
The hearing takes place within a specific temporal interval.
(2) The basic rule is that the hearing must take place in public.
If the hearing takes place in public, it is valid.
Implication of hearings being in public on their validity
The AI system validates the hearing taking place in public.
Validation of hearings being in public by AI systems
The exception for exceptional cases applies to specific cases.
Application of hearings being in public to specific cases
Private hearing allowed under exceptional cases
492(3) Hearing to be in public except in exceptional cases
Give reasonable public notice of hearing conduct
492(4) Hearing to be in public except in exceptional cases
Includes certain Acts and regulations under those Acts.
492(5) Hearing to be in public except in exceptional cases
493 Confidential material not to be published
Prohibition on publishing confidential material
493(1) Confidential material not to be published
This section does not apply to publications outside the hearing.
Prohibits publication of confidential material
Publication of confidential material is prohibited when certain conditions are met.
493(2) Confidential material not to be published
Restricts publication to times when confidential material is not presented
(a) the hearing, or a part of the hearing, takes place in public;
(c) the evidence or material not be published;
Restricts disclosure of confidential material
(ii) material in a written submission lodged with the ACMA;
Must comply with an order under subsection (2)
493(3) Confidential material not to be published
Publishing confidential material is prohibited.
493(4) Confidential material not to be published
Defines a temporal interval for prohibited conduct.
(4) A person commits an offence if: (a) the ACMA has made an order under subsection (2); and (b) the person engages in conduct; and (c) the person’s conduct contravenes the order.
Prohibits publishing confidential material.
Diffuses the prohibition to all relevant parties.
Defines a recurring trace for prohibited conduct.
A reasonable excuse excuses non-compliance with subsections (3) and (4)
493(5) Confidential material not to be published
Reasonable excuse warrants non-compliance
Subsections (3) and (4) do not apply if the person has a reasonable excuse
Reasonable excuse permits non-compliance
Note: A defendant bears an evidential burden in relation to the matter in subsection (5)
493(6) Confidential material not to be published
(a) do an act; or (b) omit to perform an act.
494 Direction about private hearings
This section applies to a hearing conducted under this Division.
494(1) Direction about private hearings
Must give directions about persons present at private hearing and restrict disclosure of evidence.
494(2) Direction about private hearings
Must comply with direction under subsection (2)
494(3) Direction about private hearings
(3) A person must not fail to comply with a direction under subsection (2).
Engaging in conduct that contravenes a direction given by ACMA is an offence.
494(4) Direction about private hearings
Prohibits conduct that contravenes a direction.
Imposes an obligation on individuals to comply with directions from ACMA.
494(5) Direction about private hearings
Defines the temporal scope of the prohibition.
Imposes an obligation on individuals to comply with the direction.
Prohibits conduct that contravenes a direction given by ACMA.
Defendant bears evidential burden for reasonable excuse
494(6) Direction about private hearings
Defendant has an obligation to provide evidence for a reasonable excuse
Defendant bears the evidential burden in relation to the matter
494(7) Direction about private hearings
495 Reports on inquiries
ACMA must prepare a report after holding a public inquiry.
495(1) Reports on inquiries
Must provide report to Minister if inquiry was held due to Minister's direction.
495(2) Reports on inquiries
ACMA must give a copy of the report to the Minister.
Publish report on inquiry held otherwise than due to Minister's direction
495(3) Reports on inquiries
Exemptions from reporting confidential material
495(4) Reports on inquiries
material of a confidential nature, prejudicial disclosure, or subject to an order
Exempts ACMA from reporting confidential material
ACMA is not required to include in a report
496 When inquiry must be held
The Minister must give the ACCC a written direction to hold a public inquiry.
496(1) When inquiry must be held
The inquiry must concern specified matters within a certain scope.
(1) The Minister may give the ACCC a written direction to hold a public inquiry under this Division about a specified matter concerning:
The provision implies that the Minister has authority to direct the ACCC.
The provision recognizes the ACCC's role in receiving the direction.
The Minister must give the ACCC a written direction.
The provision spreads its obligations to the ACCC.
Minister cannot direct ACCC to hold public inquiry about content service
496(2) When inquiry must be held
Prohibition of directing ACCC to hold public inquiry
Minister must direct ACCC to consult with specified persons and have regard to specified matters.
496(3) When inquiry must be held
496(4) When inquiry must be held
497 When inquiry may be held
Inquiry may be held under certain circumstances.
497(1) When inquiry may be held
The ACCC may hold an inquiry about the matter.
497(2) When inquiry may be held
498 Informing the public about an inquiry
499 Discussion paper
The ACCC may prepare a discussion paper on a matter.
499(1) Discussion paper
Expresses obligation to provide information.
Must make copies of discussion paper available at each office.
499(2) Discussion paper
ACCC may charge fee for supplying publication
499(3) Discussion paper
500 Written submissions and protection from civil actions
The ACCC must provide a reasonable opportunity for public submissions.
500(1) Written submissions and protection from civil actions
Obligation to provide a reasonable opportunity for public submissions.
ACCC must provide a reasonable opportunity to make submissions within 28 days.
500(2) Written submissions and protection from civil actions
Must provide a reasonable opportunity to make submissions
Protection from civil actions for making statements or giving documents in good faith to the ACCC.
500(3) Written submissions and protection from civil actions
500(4) Written submissions and protection from civil actions
States a duty to protect from civil actions.
501 Hearings
The ACCC may hold hearings for the purposes of a public inquiry.
501(1) Hearings
501(2) Hearings
The ACCC may be constituted by a member or members determined in writing by the Chairperson.
501(3) Hearings
The ACCC may be constituted by a member or members.
The determination is made during the hearing.
The Chairperson determines the composition of the ACCC.
The ACCC is constituted by a member or members.
Chairperson must preside at hearings when present.
501(4) Hearings
Member presides at hearing if Chairperson is absent
501(5) Hearings
The ACCC may regulate the conduct of proceedings at a hearing.
501(6) Hearings
502 Hearing to be in public except in exceptional cases
502(1) Hearing to be in public except in exceptional cases
502(2) Hearing to be in public except in exceptional cases
502(3) Hearing to be in public except in exceptional cases
502(4) Hearing to be in public except in exceptional cases
Inclusion of certain Acts and regulations in the scope of this Act.
502(5) Hearing to be in public except in exceptional cases
503 Confidential material not to be published
503(1) Confidential material not to be published
Confidential material not to be published if certain conditions are met.
503(2) Confidential material not to be published
(i) evidence or other material presented to the hearing;
Defines a temporal interval for confidential material.
Prohibits the publication of confidential material.
Diffuses information about confidential material.
(ii) material in a written submission lodged with the ACCC;
Defines a temporal trace for confidential material.
503(3) Confidential material not to be published
503(4) Confidential material not to be published
...the person engages in conduct; and...
Prohibits engagement in conduct that contravenes the order.
...and (b) the person engages in conduct; and...
...and (c) the person’s conduct contravenes the order.
A reasonable excuse excuses non-applicability of subsections (3) and (4)
503(5) Confidential material not to be published
Do not engage in conduct that involves doing an act or omitting to perform an act.
503(6) Confidential material not to be published
Engage in conduct is a temporal interval.
Defines temporal interval for 'engage in conduct'
504 Direction about private hearings
504(1) Direction about private hearings
directions as to the persons who may be present at the hearing or the part of the hearing; and directions restricting the disclosure of evidence or other material presented at the hearing or the part of the hearing.
504(2) Direction about private hearings
504(3) Direction about private hearings
505 Reports on inquiries
ACCC must prepare a report after holding a public inquiry.
505(1) Reports on inquiries
505(2) Reports on inquiries
The conditional commencement of the provision is triggered by the inquiry being held due to the Minister's direction
If the inquiry was held because of a direction given by the Minister under section 496, the ACCC must give a copy of the report to the Minister
The ACCC must provide the report to the Minister
ACCC must give a copy of the report to the Minister
The ACCC has an obligation to provide the report to the Minister
The ACCC must give a copy of the report to the Minister if the inquiry was held because of a direction given by the Minister under section 496
There is a recurring trace from the inquiry being held due to the Minister's direction to the ACCC providing the report
Publish report on inquiry held without Minister's direction
505(3) Reports on inquiries
Exemptions from reporting public inquiries
505(4) Reports on inquiries
505A ACCC may use material presented to a previous public
ACCC must hold another public inquiry under this Part if certain conditions are met.
505A(1) ACCC may use material presented to a previous public
Obligation to hold another public inquiry
(1) This section applies if: (a) the ACCC has held a public inquiry (the original inquiry) under this Part; and (b) any of the following subparagraphs applies:
Treat evidence/material as if presented to another public inquiry
505A(2) ACCC may use material presented to a previous public
Treat within temporal interval for another public inquiry
(c) in the case of any other information obtained by the ACCC—use the whole or a part of the information for the purposes of the other public inquiry.
Use evidence/material to support another public inquiry
ACCC may adopt a finding from a previous public inquiry
505B ACCC may adopt a finding from a previous public inquiry
Powers of ACCC not limited by this Division
506 ACCC’s other powers not limited
ACMA may investigate certain matters relating to telecommunications.
507 Simplified outline
508 Matters to which this Part applies
509 Complaints to the ACMA
Complaints to ACMA about a matter are permitted.
509(1) Complaints to the ACMA
509(2) Complaints to the ACMA
509(3) Complaints to the ACMA
Duty of ACMA to provide assistance to a person making a complaint.
509(4) Complaints to the ACMA
ACMA must assist in identifying caller information upon request.
509(5) Complaints to the ACMA
ACMA must take reasonable steps to assist the first person.
509(6) Complaints to the ACMA
ACMA must investigate complaints about marketing faxes sent to Australian numbers.
509(7) Complaints to the ACMA
510 Investigations by the ACMA
The ACMA may investigate a matter if it has reason to suspect contravention or a complaint is made.
510(1) Investigations by the ACMA
ACMA has reason to suspect contravention or complaint is made
Obligation to investigate if complaint is made
ACMA cannot conduct an investigation if it thinks the subject matter is not relevant to its functions.
510(2) Investigations by the ACMA
The ACMA must investigate a matter requested by the Minister.
510(3) Investigations by the ACMA
Inquiries of respondent for determining ACMA's power to investigate
511 Preliminary inquiries
512 Conduct of investigations
512(1) Conduct of investigations
Inform respondent about investigation if breach is likely to be concealed, lost or destroyed.
512(1A) Conduct of investigations
Investigations must be conducted as ACMA thinks fit.
512(2) Conduct of investigations
Must conduct investigations as ACMA thinks fit.
513 Complainant and certain other persons to be informed of
Inform complainant and respondent of decision and reasons.
513(1) Complainant and certain other persons to be informed of
Inform respondent of decision and reasons if certain conditions not met
513(2) Complainant and certain other persons to be informed of
514 Reference of matters to Ombudsman or other responsible
ACMA may decide not to investigate a matter if it can be more conveniently or effectively dealt with by another person or body.
514(1) Reference of matters to Ombudsman or other responsible
Transfer complaint to Ombudsman or other responsible person
514(2) Reference of matters to Ombudsman or other responsible
515 Reference of matters to the ACCC
ACMA may decide not to investigate a matter if it can be more conveniently dealt with by the ACCC.
515(1) Reference of matters to the ACCC
Information or documents related to the complaint.
Transfer complaint to ACCC and provide notice.
515(2) Reference of matters to the ACCC
Obligation to transfer complaint and provide notice.
ACCC must report findings and evidence to ACMA after investigation.
515(3) Reference of matters to the ACCC
Obligation to report findings and evidence.
ACMA must receive written notice from ACCC if investigation is not held.
515(4) Reference of matters to the ACCC
Matters subject to complaint about contravention of a code registered under Part 6
515A Reference of matters to Information Commissioner
516 Reports on investigations
Prepare and give a report to the Minister after concluding an investigation.
516(1) Reports on investigations
Must prepare and give a report to the Minister after an investigation.
516(2) Reports on investigations
Obligation to prepare and give a report.
Report must cover investigation conduct, findings, evidence, and other matters.
516(3) Reports on investigations
517 Publication of reports
This section applies if the ACMA prepares a report under section 516.
517(1) Publication of reports
ACMA prepares a report under section 516.
ACMA must publish a report prepared under subsection 516(1).
517(2) Publication of reports
The ACMA must comply with the Minister's direction to publish a report.
517(3) Publication of reports
The ACMA must comply with the direction.
Publication of reports is not required if it would disclose confidential information or prejudice a fair trial.
517(4) Publication of reports
ACMA has an obligation to publish reports.
Publication of reports is not required if it would involve unreasonable disclosure of personal information.
517(5) Publication of reports
Publication would involve unreasonable disclosure of personal information if it overlaps with the individual's lifetime.
Temporal overlap between publication and disclosure
Publication would involve unreasonable disclosure of personal information if it recognizes the individual's identity.
Recognition of personal information in publication
Publication contains personal information.
Publication of reports is not required if...
Publication would involve unreasonable disclosure of personal information if it diffuses the individual's information.
Diffusion of information about disclosure
Publication would involve unreasonable disclosure of personal information if it occurs until the individual's lifetime.
Temporal relationship between publication and disclosure
Disclosure occurs before or at the same time as publication.
518 Person adversely affected by report to be given opportunity to
Person adversely affected by report must be given opportunity to
518(1) Person adversely affected by report to be given opportunity to
Must provide opportunity to person adversely affected
Give person a reasonable period to make representations before publishing report.
518(2) Person adversely affected by report to be given opportunity to
Give person adversely affected by report an opportunity to make representations, except in certain circumstances.
518(3) Person adversely affected by report to be given opportunity to
Obligation to provide an opportunity to make representations.
519 Protection from civil actions
Protection from civil actions for certain acts done in good faith
519(1) Protection from civil actions
The making of a statement to, or the giving of a document or information to, the Telecommunications Industry Ombudsman overlaps with investigations under section 510
Defines the temporal overlap between certain acts and investigations
(d) Subject to subsection (2), the making of a statement to, or the giving of a document or information to, the Telecommunications Industry Ombudsman in connection with an investigation under section 510.
The Telecommunications Industry Ombudsman must consider complaints
Imposes a duty on the Telecommunications Industry Ombudsman to consider complaints
(2) The making of a statement to, or the giving of a document or information to, the Telecommunications Industry Ombudsman in connection with an investigation under section 510.
The making of a complaint to the Telecommunications Industry Ombudsman is permitted
Grants permission for certain acts and investigations
(c) The making of a complaint to the Telecommunications Industry Ombudsman.
The person making complaints under section 509 has an obligation to do so
Imposes an obligation on the person making complaints under section 509
(a) The making of a complaint under section 509.
The making of a statement to, or the giving of a document or information to, the ACMA is recurrently connected to investigations under section 510
Defines the recurrent nature of certain acts and investigations
(b) The making of a statement to, or the giving of a document or information to, the ACMA in connection with an investigation under section 510.
Exemptions from civil actions for carriers and service providers participating in the Telecommunications Industry Ombudsman scheme.
519(2) Protection from civil actions
The Telecommunications Industry Ombudsman scheme provides exemptions for carriers and service providers.
ACMA may obtain information from carriers and service providers.
520 Simplified outline
521 The ACMA may obtain information and documents from
The ACMA may obtain information and documents from a carrier or service provider.
521(1) The ACMA may obtain information and documents from
The ACMA may require a carrier or provider to provide information and documents.
521(2) The ACMA may obtain information and documents from
The ACMA requires the carrier or provider to provide information and documents.
522 The ACMA may obtain information and documents from other
The ACMA may obtain information and documents from other persons if it has reason to believe they have relevant information or evidence.
522(1) The ACMA may obtain information and documents from other
...the performance of any of the ACMA’s telecommunications functions; or (ii) the exercise of any of the ACMA’s telecommunications powers.
The time frame for obtaining information is not specified.
The obligation is fulfilled through the actions of the person.
...the person must provide information or evidence.
The obligation is fulfilled through the provision of information or evidence by the person.
The obligation applies to all persons who meet the specified conditions.
The ACMA may require a person to provide information or documents.
522(2) The ACMA may obtain information and documents from other
The ACMA requires a person to provide information or documents.
Must comply with a requirement under subsection (2)
522(3) The ACMA may obtain information and documents from other
(3) A person must comply with a requirement under subsection (2)
Entitlement to reasonable compensation for complying with a requirement.
523 Copying documents—reasonable compensation
524 Self-incrimination
No excuse from providing information or evidence that might incriminate the individual.
524(1) Self-incrimination
Obligation to provide information or evidence
Protection from self-incrimination in certain circumstances
524(2) Self-incrimination
Prohibits giving information or evidence that may lead to self-incrimination
(2) However: (a) giving the information or evidence or producing the document or copy;
Prohibits obtaining information, document, or thing as a direct or indirect consequence of self-incrimination
(b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document or copy;
Prohibits criminal proceedings other than those under subsection 522(4) or section 525
(c) criminal proceedings other than proceedings under, or arising out of, subsection 522(4) or section 525;
Prohibits proceedings for recovery of a pecuniary penalty in relation to a contravention of section 521
(d) proceedings under section 570 other than proceedings for recovery of a pecuniary penalty in relation to a contravention of section 521.
Permits giving information or evidence that does not lead to self-incrimination
(a) giving the information or evidence or producing the document or copy;
Permits obtaining information, document, or thing that does not lead to self-incrimination
Giving false or misleading information or evidence is prohibited.
525 Giving false or misleading information or evidence
Prohibits giving false or misleading information or evidence.
527 Copies of documents
Inspect and copy documents produced under this Division.
527(1) Copies of documents
ACMA may retain possession of a copy of a document produced in accordance with a requirement.
527(2) Copies of documents
528 ACMA may retain documents
ACMA may retain documents for as long as necessary.
528(1) ACMA may retain documents
ACMA must retain the document for as long as necessary
528(2) ACMA may retain documents
ACMA's obligation to provide a true copy
Must provide certified copy as evidence in all courts and tribunals.
528(3) ACMA may retain documents
Must provide certified copy as evidence.
ACMA must permit possession of document at certain times and places.
528(4) ACMA may retain documents
529 ACMA may make record-keeping rules
529(1) ACMA may make record-keeping rules
Rules must specify record-keeping manner and form.
529(2) ACMA may make record-keeping rules
ACMA may make record-keeping rules requiring reports from carriers or carriage service providers.
529(2A) ACMA may make record-keeping rules
ACMA may make record-keeping rules for carriers or carriage service providers.
529(2B) ACMA may make record-keeping rules
529(2C) ACMA may make record-keeping rules
Establishes ACMA's authority to create rules
Rules for preparing reports as and when required by ACMA or at specified intervals.
529(2D) ACMA may make record-keeping rules
The rules must provide for the preparation of reports
ACMA may make record-keeping rules requiring or permitting reports to be given to ACMA.
529(2E) ACMA may make record-keeping rules
Carrier must comply with record-keeping rules.
530 Compliance with record-keeping rules
531 Incorrect records
Do not make a record in an incorrect way.
531(1) Incorrect records
Committing an offence punishable by a fine not exceeding 100 penalty units
531(2) Incorrect records
commits an offence punishable by a fine not exceeding 100 penalty units
Searches may be conducted with consent or authority.
532 Simplified outline
532A References to the Spam Act 2003
533 Inspectors
A person is an inspector for the purposes of a particular provision if they meet certain conditions.
533(1) Inspectors
The person is an officer included in a class of officers appointed by the ACMA.
Definition of Commonwealth officer and inspector.
533(2) Inspectors
534 Identity cards
ACMA must issue an identity card to inspectors.
534(1) Identity cards
Return identity card upon ceasing to be an inspector.
534(2) Identity cards
Prohibition on contravening subsection (2)
534(3) Identity cards
534(4) Identity cards
Defendant must provide evidence for reasonable excuse.
Offence of strict liability for breaches of the Spam Act 2003 or Part 21 of this Act
534(5) Identity cards
Prohibits breaches of the Spam Act 2003 or Part 21 of this Act
535 Magistrate may issue warrant
Magistrate may issue warrant for search and seizure of property suspected to be related to an offence or breach.
535(1) Magistrate may issue warrant
Warrant issued within reasonable time frame.
Temporal relation between magistrate's power and warrant issuance.
Prohibition of search and seizure without warrant.
Magistrate may issue warrant for offences against Part 21.
535(2) Magistrate may issue warrant
Magistrate may issue warrant at any time.
Magistrate has an obligation to issue a warrant.
Magistrate may issue warrant for related offences.
Reference to Part 21 includes related offences.
Section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code
Further information and satisfaction of grounds
Magistrate must have reasonable grounds for issuing warrant
536 Reasonable grounds for issuing warrant etc.
Mandatory contents of a warrant issued under section 535.
537 Contents of warrant
Classifies the warrant into specific categories.
Inspector may apply for warrant under section 535 by telephone, telex, fax or other electronic means.
538 Warrants may be issued by telephone etc.
Information of a kind referred to in section 535
Must prepare information before applying for warrant
539 Provisions relating to issue of warrant by telephone etc.
Warrant application is valid only if information is provided
Court assumes entry, search, seizure not authorized without warrant
540 Proceedings involving warrant issued by telephone etc.
Prohibits entry, search, seizure without warrant
A thing is connected with an offence if it is used, intended to be used or may afford evidence about the commission of the offence.
541 When is a thing connected with an offence?
A thing is connected with a breach of the Spam Act if it is related to the breach.
541A When is a thing connected with a breach of the Spam Act
A thing is connected with a breach of the Spam Act if it is: (a) a thing in respect of which the breach has happened; or (b) a thing that may afford evidence about the breach; or (c) a thing that was used, or is intended to be used, for the purposes of the breach.
542 Searches and seizures
Inspector has reasonable grounds to suspect a particular offence or breach of the Spam Act 2003.
542(1) Searches and seizures
There was a particular time period during which the offence or breach occurred
The inspector's suspicion relates to a particular time period
Inspector suspects on reasonable grounds
There was an artificial intelligence system during which the offence or breach occurred
The inspector's suspicion relates to an artificial intelligence system
There is a particular offence or breach of the Spam Act 2003
There was a diffusion of information during which the offence or breach occurred
The inspector's suspicion relates to a diffusion of information
There was a recurring pattern of behaviour during which the offence or breach occurred
The inspector's suspicion relates to a recurring pattern of behaviour
542(2) Searches and seizures
543 Production of identity card etc.
identity card or written evidence of police force membership
Failure to produce required documents prevents entry.
543(1) Production of identity card etc.
Prevents entry without required documents.
543(2) Production of identity card etc.
(2) If the entry is in accordance with a warrant issued under
Requires inspector to believe on reasonable grounds that thing is connected with the offence.
544 Evidence of commission of other offences against Part 21 of this
Inspector believes thing is connected with the offence.
Inspector's belief on reasonable grounds.
545 Emergency entry, search and seizure
Inspection and seizure under emergency circumstances
545(1) Emergency entry, search and seizure
Describes temporal overlap between search and seizure powers
...so long as those powers are exercised in circumstances of such seriousness and urgency...
Justifies immediate exercise of search and seizure powers
(1) If an inspector has reasonable grounds to believe...
Recognizes AI's role in supporting search and seizure powers
Prohibits search and seizure without warrant
Diffuses responsibility for exercise of search and seizure powers
Inspection and search under emergency circumstances
545(2) Emergency entry, search and seizure
Describes temporal overlap between inspection and search
(2) If an inspector has reasonable grounds to believe...the exercise of powers conferred under this section is necessary...
Describes implication of inspection and search on thing found
...the inspector may, with such assistance as the inspector thinks fit...
Prohibits exercise of powers without warrant
(2) If an inspector has reasonable grounds to believe...
Describes diffusion of inspection and search to premises, vessels, aircraft, or vehicles
Describes recurring nature of inspection and search
Inspector may enter vessel, aircraft or vehicle for search and seizure purposes
545(3) Emergency entry, search and seizure
546 Retention of things seized
Retention of things seized until proceedings are completed.
546(1) Retention of things seized
Release of seized things with conditions
546(2) Retention of things seized
Includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.
546(3) Retention of things seized
547 Searches to monitor compliance with Part 21
Inspector may enter premises to monitor compliance with Part 21.
547(1) Searches to monitor compliance with Part 21
Inspector has the power to enter premises.
No entry into premises that are a residence without consent.
547(2) Searches to monitor compliance with Part 21
Inspector cannot exercise powers under subsection (1) if occupier requires identity card inspection.
547(3) Searches to monitor compliance with Part 21
Inspector's powers are affected by occupier's requirement
Inspector's powers overlap with occupier's requirement
Occupier requires identity card inspection
Occupier's requirement implies inspector's inability to exercise powers
Inspector cannot exercise powers under subsection (1)
Prohibition of inspector's actions inferred from occupier's requirement
Inspector is prohibited from exercising powers under subsection (1)
Occupier's requirement affects inspector's actions
Prohibition of inspector's actions propagates through the system
Searches to monitor compliance with Part 21
547(4) Searches to monitor compliance with Part 21
547A Powers available to inspectors for monitoring compliance
Inspector may enter premises and exercise monitoring powers.
547A(1) Powers available to inspectors for monitoring compliance
Inspector must exercise monitoring powers.
547A(2) Powers available to inspectors for monitoring compliance
Warrant and consent-based entry overlap in time
Inspector's entry under warrant overlaps with consent-based entry
Inspector's entry is conditional on occupier's consent
Inspector must inform person of right to refuse consent before obtaining consent.
547A(3) Powers available to inspectors for monitoring compliance
Voluntary consent required for inspector entry
547A(4) Powers available to inspectors for monitoring compliance
Inspector entry without consent is unlawful
Inspector's powers to search and inspect premises
547B Monitoring powers
The inspector has taken equipment and materials onto the premises for at least one hour
Inspector can take equipment and materials onto premises for monitoring purposes
(e) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises
The inspector has taken a photograph or made a sketch of the premises
Inspector can take photographs or make sketches of premises
(b) to inspect and take photographs, or make sketches, of the premises or any substance or thing at the premises
The inspector has the power to search and inspect premises
Inspector can exercise monitoring powers
(1) The monitoring powers that an inspector may exercise under paragraph 547A(1)(b)
The inspector has removed or made a copy of a document
Inspector can remove or make copies of documents
(d) to remove, or make copies of, any such document
The inspector has inspected a document kept at the premises for less than or equal to one hour
Inspector can inspect documents kept at premises
(c) to inspect any document kept at the premises
Inspector must produce identity card or written evidence upon request.
547C Production of identity card etc.
Inspector is not authorized to enter premises without proper identification.
547D Monitoring warrants
Inspector may apply for a warrant under this section in relation to premises.
547D(1) Monitoring warrants
Magistrate must issue warrant if satisfied with oath or affirmation that access is necessary for Spam Act compliance.
547D(2) Monitoring warrants
Magistrate's satisfaction with oath or affirmation implies warrant issuance
Information on oath or affirmation is sufficient for warrant issuance
Magistrate's satisfaction with information
Inspector access to premises must be continuous for Spam Act compliance
Magistrate must provide further information before issuing a warrant.
547D(3) Monitoring warrants
Magistrate must provide further information.
547E Details of warrant to be given to occupier etc.
Inspectors must provide a copy of the warrant to the occupier or apparent occupant.
547E(1) Details of warrant to be given to occupier etc.
Obligation to provide a copy of the warrant.
Inspector must identify themselves to the occupier.
547E(2) Details of warrant to be given to occupier etc.
No signature of magistrate is required on warrant copy.
547E(3) Details of warrant to be given to occupier etc.
Requires relation between identifiable temporal intervals.
547F Announcement before entry
Inspector must announce authorization to enter premises and give opportunity for entry.
547F(1) Announcement before entry
Must announce authorization to enter premises.
Inspector may deviate from subsection (1) under certain conditions.
547F(2) Announcement before entry
Deviation from subsection (1) overlaps with the temporal interval of immediate entry
Inspector believes on reasonable grounds...
Deviation from subsection (1) follows logically from the inspector's belief
Inspector is not required to comply with subsection (1)
Inspector has permission to deviate from subsection (1)
Inspector has reason to believe that immediate entry is required
Inspector's belief is a sufficient condition for deviating from subsection (1)
Deviation from subsection (1) is part of a recurring trace
Deviation from subsection (1) may be part of a recurring pattern
547G Compensation for damage to equipment
547H Occupier entitled to be present during search
Occupier entitled to be present during search
547H(1) Occupier entitled to be present during search
Right to observe search ceases if person impedes search.
547H(2) Occupier entitled to be present during search
547H(3) Occupier entitled to be present during search
547J Access to computer data that is relevant to the Spam Act 2003
Access to computer data relevant to the Spam Act 2003 is allowed under certain conditions.
547J(1) Access to computer data that is relevant to the Spam Act 2003
reasonable and necessary information or assistance
Inspector may apply for order requiring specified person to provide information or assistance.
547J(2) Access to computer data that is relevant to the Spam Act 2003
Inspector has an obligation to apply for order
Magistrate may grant order to access computer data relevant to the Spam Act 2003
547J(3) Access to computer data that is relevant to the Spam Act 2003
The specified person has relevant knowledge of measures applied to protect data held in, or accessible from, the computer
Magistrate is satisfied that time period for breach has passed
There are reasonable grounds for suspecting a breach of the Spam Act 2003
Order to access computer data relevant to the Spam Act 2003
Reasonable grounds for suspecting a breach of the Spam Act 2003
Magistrate may grant order if specified person is owner or lessee of computer
Magistrate may grant order if specified person is reasonably suspected of having been involved in breach
Failure to comply with an order results in imprisonment.
547J(4) Access to computer data that is relevant to the Spam Act 2003
(4) A person commits an offence if: (a) the person is subject to an order under this section;
Knowledge of an obligation to comply with an order.
Recurring trace of failure to comply with an order.
547J(5) Access to computer data that is relevant to the Spam Act 2003
data is held during the time it is stored
data held in a computer includes data held in any removable data storage device for the time being held in a computer
information and program are included in data
data includes information in any form and program (or part of a program)
Does not affect meaning of data expression in other provisions
547J(6) Access to computer data that is relevant to the Spam Act 2003
548 General powers of inspectors
Require person to produce licence or permit, evidence of its existence and contents.
548(1) General powers of inspectors
Inspector requires person to produce licence or permit.
No contravention of requirements under this section is allowed.
548(2) General powers of inspectors
548(2A) General powers of inspectors
The applicability of subsection (2A) is conditional on the existence of a reasonable excuse.
Subsection (2A) does not apply if the person has a reasonable excuse.
Defendant bears evidential burden in relation to subsection (2A)
Subsection (13.3(3) of the Criminal Code) applies.
Subsection (2) is an offence of strict liability.
548(2B) General powers of inspectors
548(3) General powers of inspectors
An inspector may require information from land, premises, vessels, aircraft, or vehicles.
549 Power to require information etc.
Inspector may retain possession of document for a reasonable period.
550 Retention of documents
551 Court may order forfeiture
Court may order forfeiture of property used in commission of offence.
551(1) Court may order forfeiture
Court may order forfeiture of an offence against this Act.
551(2) Court may order forfeiture
A reference to an offence against this Act includes...
551(3) Court may order forfeiture
Goods may be sold or disposed of in accordance with ACMA directions.
552 Forfeited goods may be sold
553 Offences that are going to be committed
553(1) Offences that are going to be committed
and the commission of that offence would pose a threat to the safety of human life or cause substantial loss or damage;
(1) If: (a) there are reasonable grounds for suspecting that an offence against this Act is going to be committed
this Part applies in relation to the offence as if there were reasonable grounds for suspecting that it had been committed
(a) there are reasonable grounds for suspecting that an offence against this Act is going to be committed
(b) the commission of that offence would pose a threat to the safety of human life or cause substantial loss or damage
Reference to an offence against this Act includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to this Act.
553(2) Offences that are going to be committed
553(3) Offences that are going to be committed
Reviewable decisions of ACMA may be reviewed by the Administrative Review Tribunal.
554 Simplified outline
Reviewable by Administrative Review Tribunal
Application for reconsideration of a decision
555 Decisions that may be subject to reconsideration by the ACMA
556 Deadlines for reaching certain decisions
This section applies to a decision of a kind referred to in section 555, other than a decision of a kind specified in Part 2 of Schedule 4.
556(1) Deadlines for reaching certain decisions
ACMA must make a decision within 90 days after receiving an application.
556(2) Deadlines for reaching certain decisions
ACMA must make a decision within the specified timeframe.
Inform applicant of decision within 90 days
556(3) Deadlines for reaching certain decisions
Mandatory obligation to inform applicant
557 Statements to accompany notification of decisions
Must provide information to person affected by decision
557(1) Statements to accompany notification of decisions
Failure to comply with section does not affect decision validity
557(2) Statements to accompany notification of decisions
Failure to comply does not affect decision validity
Obligation implies no effect on decision validity
Decision validity unaffected by non-compliance
558 Applications for reconsideration of decisions
A person affected by a decision may apply to the ACMA for reconsideration.
558(1) Applications for reconsideration of decisions
Application must be in a form approved by ACMA and set out reasons for application.
558(2) Applications for reconsideration of decisions
Application must be in a form approved by ACMA.
Application must be made within 28 days after decision or extended period
558(3) Applications for reconsideration of decisions
Application must be made within specified time
Application is contingent on meeting time requirement
559 Reconsideration by the ACMA
559(1) Reconsideration by the ACMA
The ACMA's decision on reconsideration has the same effect as if it were made under the original provision.
559(2) Reconsideration by the ACMA
The decision has effect during the same time period as if it had been made under the provision under which the original decision was made.
The decision has effect during the same time period as if it were made under the original provision.
(2) The ACMA’s decision on reconsideration of a decision...
The decision is recognized by AI systems as if it had been made under the provision under which the original decision was made.
The decision is recognized by AI systems as if it were made under the original provision.
The decision has effect as if it had been made under the provision under which the original decision was made.
The decision has the same effect as if it were made under the original provision.
The decision diffuses to all relevant parties as if it had been made under the provision under which the original decision was made.
The decision diffuses to all relevant parties as if it were made under the original provision.
The decision is true during the same time period as if it had been made under the provision under which the original decision was made.
The decision is true during the same time period as if it were made under the original provision.
Notice of decision on reconsideration with reasons.
559(3) Reconsideration by the ACMA
560 Deadlines for reconsiderations
Decision on reconsideration must be made within 90 days
560(1) Deadlines for reconsiderations
Must provide decision on reconsideration
Inform applicant of decision on reconsideration within 90 days
560(2) Deadlines for reconsiderations
561 Statements to accompany notification of decisions on
Must provide information about review process and reasons for decision.
561(1) Statements to accompany notification of decisions on
(a) a statement to the effect that a person affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with the decision so affirmed or varied, apply to the Administrative Review Tribunal for review of the decision;
Must provide information about request for statement of reasons
(b) a statement to the effect that the person may request a statement of reasons under section 268 of that Act in relation to the decision so affirmed or varied.
561(2) Statements to accompany notification of decisions on
The decision is valid regardless of non-compliance.
No temporal overlap between obligation and non-compliance
(2) Failure to comply with this section.
562 Review by the Administrative Review Tribunal
Grant injunctions in relation to contraventions of specified acts and regulations.
563 Simplified outline
564 Injunctions
Granting injunctions to prevent conduct in contravention of the Act.
564(1) Injunctions
Prohibits conduct in contravention of the Act.
Granting injunctions for non-compliance with the Act
564(2) Injunctions
the Federal Court may grant an injunction
Temporal interval between non-compliance and granting an injunction
Exemptions from injunctions for certain contraventions
564(3) Injunctions
Exemptions exclude certain temporal intervals
Excludes temporal intervals where exemptions apply
Exemptions apply to specific sections and clauses
Prohibits ACMA from applying for an injunction in relation to certain contraventions
ACMA is not entitled to apply for an injunction
565 Interim injunctions
Restraining conduct from engaging in a kind referred to in section 564.
565(1) Interim injunctions
Court is not required to require undertakings as a condition of granting an interim injunction.
565(2) Interim injunctions
Court may discharge or vary an injunction granted under this Part.
566 Discharge etc. of injunctions
567 Certain limits on granting injunctions not to apply
Court may grant injunction if person has engaged in conduct or likely to engage
567(1) Certain limits on granting injunctions not to apply
The power of the court under this Part to grant an injunction may be exercised...
Court can grant injunction if person has engaged in conduct
(a) The court is satisfied that the person has engaged in conduct of that kind.
...whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger...
Court may grant injunction if it appears likely that person will engage in conduct
(b) It appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
...whether or not there is an imminent danger...
Court can grant injunction if imminent danger exists
(b) If it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
Court may grant injunction if imminent danger exists
Injunction likely if person will engage in conduct
Court power to grant injunctions under certain conditions
567(2) Certain limits on granting injunctions not to apply
568 Other powers of the court unaffected
Pecuniary penalties for contraventions of civil penalty provisions.
569 Simplified outline
570 Pecuniary penalties for contravention of civil penalty provisions
Order pecuniary penalty for contravention of civil penalty provisions
570(1) Pecuniary penalties for contravention of civil penalty provisions
Imposes a duty on the State to order pecuniary penalty
Court must consider specific factors when determining pecuniary penalty
570(2) Pecuniary penalties for contravention of civil penalty provisions
Court has an obligation to consider specific factors
(2) In determining the pecuniary penalty, the Court must have regard...
Maximum pecuniary penalty for contravention of civil penalty provisions
570(3) Pecuniary penalties for contravention of civil penalty provisions
Prohibits pecuniary penalties exceeding $10 million for certain contraventions
571 Civil action for recovery of pecuniary penalties
Institute a proceeding for recovery of pecuniary penalties
571(1) Civil action for recovery of pecuniary penalties
Commencement of civil action within 6 years after contravention
571(2) Civil action for recovery of pecuniary penalties
A proceeding under subsection (1) may be commenced within 6 years after the contravention.
Obligation to commence action within time limit
Subsection (1) may be commenced within 6 years after contravention.
Exemptions from pecuniary penalty recovery
571(3) Civil action for recovery of pecuniary penalties
Exemptions apply during the period of contravention
Contravention occurs before exemption applies
Prohibits ACMA from instituting a proceeding for pecuniary penalty recovery
ACMA is not entitled to institute a proceeding
No criminal proceedings for contravention of civil penalty provisions.
572 Criminal proceedings not to be brought for contravention of
Criminal proceedings do not lie against a person only because the person has contravened a civil penalty provision.
No obligation to prosecute for contravention of civil penalty provisions
No criminal proceedings and no obligation to prosecute for contravention of civil penalty provisions
A person may give an enforceable undertaking about compliance with the Act.
572A Simplified outline
572B Acceptance of undertakings
572B(1) Acceptance of undertakings
The undertaking must be expressed to be an undertaking under this section.
572B(2) Acceptance of undertakings
Consent required for withdrawal or variation of undertaking
572B(3) Acceptance of undertakings
The person may withdraw or vary the undertaking at any time
572B(4) Acceptance of undertakings
ACMA may publish undertaking on its website.
572B(5) Acceptance of undertakings
Undertakings accepted by ACMA impose obligation.
572B(5B) Acceptance of undertakings
ACMA has obligation to enforce undertakings.
572B(6) Acceptance of undertakings
572C Enforcement of undertakings
572C(1) Enforcement of undertakings
Court may order person to comply with undertaking or pay compensation for breach.
572C(2) Enforcement of undertakings
Court has obligation to order person to comply with undertaking.
ACMA's power is limited to accepted undertakings.
572C(3) Enforcement of undertakings
Simplified outline of infringement notices for civil penalty provisions
572D Simplified outline
Requires temporal intervals for commencement
572E When an infringement notice can be given
Authorized infringement notice officer may give an infringement notice to a person with reasonable grounds.
572E(1) When an infringement notice can be given
Infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
572E(2) When an infringement notice can be given
(2) An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
No infringement notice can be given for contraventions of section 68 or 101.
572E(3) When an infringement notice can be given
Infringement notices can be given for contraventions of certain sections and conditions.
572E(4) When an infringement notice can be given
572F Matters to be included in an infringement notice
572F(1) Matters to be included in an infringement notice
The notice must specify the period for payment of the penalty.
Requires a statement about the period for payment of the penalty
The notice must contain the specified information.
Requires the notice to contain certain information
(a) the date of the alleged contravention; (b) the civil penalty provision that was allegedly contravened.
Must provide specific information in an infringement notice
572F(2) Matters to be included in an infringement notice
572G Amount of penalty
Specified penalty amount for infringement notice
572G(1) Amount of penalty
Defines temporal interval for penalty calculation
(1) The penalty to be specified in an infringement notice given to a body corporate must be a pecuniary penalty equal to:
Classifies contravention type for penalty calculation
(a) if the alleged contravention is of a kind specified in a determination under subsection (2)—the number of penalty units specified in the determination in relation to that kind of contravention;
Determination of contraventions and penalty units
572G(2) Amount of penalty
572G(3) Amount of penalty
Determination for a particular kind of contravention
The penalty must be a pecuniary penalty equal to 12 penalty units.
572G(4) Amount of penalty
The penalty to be specified in an infringement notice...
572H Withdrawal of an infringement notice
572H(1) Withdrawal of an infringement notice
Classifies the legal effect as Undertaking
No obligation, prohibition, permission, or right explicitly stated
572H(2) Withdrawal of an infringement notice
Allows withdrawal of infringement notice
Withdrawal notice must be given within 28 days after infringement notice.
572H(3) Withdrawal of an infringement notice
Must provide withdrawal notice within 28 days.
Commonwealth liable to refund penalty if infringement notice withdrawn after payment.
572H(4) Withdrawal of an infringement notice
the Commonwealth is liable to refund the penalty.
Indicates that the Commonwealth's liability overlaps with the payment of the penalty.
Suggests that the Commonwealth's liability follows from the payment of the penalty and withdrawal of the notice.
Suggests that the Commonwealth's liability can be inferred from the payment and withdrawal of the notice.
Describes how the Commonwealth's liability spreads from the payment and withdrawal of the notice.
572J What happens if the penalty is paid
Payment of penalty upon infringement notice withdrawal
572J(1) What happens if the penalty is paid
Liability is discharged upon payment of the penalty.
572J(2) What happens if the penalty is paid
(2) Any liability of the person for the alleged contravention is discharged.
No proceedings under Part 31 can be brought against the person for the alleged contravention.
572J(3) What happens if the penalty is paid
No infringement notice required for alleged contravention
572K Effect of this Part on civil proceedings
572L Appointment of authorised infringement notice officer
Appointment of authorised infringement notice officer
572L(1) Appointment of authorised infringement notice officer
Cannot appoint a person under subsection (1) unless the person meets certain qualifications.
572L(2) Appointment of authorised infringement notice officer
...unless the person: (a) is an SES employee or acting SES employee; or (b) holds, or is acting in, an Executive Level 1 or 2 position or an equivalent position.
Defines the temporal interval during which the appointment of a person under subsection (1) is prohibited unless the person meets certain qualifications.
Represents the knowledge that appointment of a person under subsection (1) is prohibited unless the person meets certain qualifications.
Prohibits appointment of a person under subsection (1) unless the person meets certain qualifications.
Defines the recurring trace of appointments under subsection (1) as prohibited unless the person meets certain qualifications.
Defines the schema for appointment of a person under subsection (1) as prohibited unless the person meets certain qualifications.
572L(3) Appointment of authorised infringement notice officer
a member of staff as authorized infringement notice officer
Only SES employees or Executive Level positions can be appointed as infringement notice officers.
572L(4) Appointment of authorised infringement notice officer
Only SES employees or Executive Level positions can be appointed.
Authorized infringement notice officer must not issue or withdraw an infringement notice for certain contraventions.
572L(5) Appointment of authorised infringement notice officer
must not give or withdraw an infringement notice if...
Prohibition of issuing or withdrawing an infringement notice.
(5) An authorised infringement notice officer appointed under subsection (1)
...must not give or withdraw an infringement notice if...
Prohibition on issuing or withdrawing an infringement notice for certain contraventions.
Authorized infringement notice officer must not issue infringement notices for certain breaches.
572L(6) Appointment of authorised infringement notice officer
Temporal interval for issuing infringement notices
(6) An authorised infringement notice officer appointed under subsection (3) must not give or withdraw an infringement notice unless the alleged contravention consists of a breach of...
Prohibition of issuing infringement notices
(6) An authorised infringement notice officer appointed under subsection (3) must not give or withdraw an infringement notice
Recurring trace for issuing infringement notices
572M Guidelines relating to infringement notices
Must consider relevant guidelines when exercising powers.
572M(1) Guidelines relating to infringement notices
Have regard to any relevant guidelines in force under subsection (2).
Exercising a power conferred on the officer by this Part.
ACMA may formulate guidelines by legislative instrument.
572M(2) Guidelines relating to infringement notices
Regulations may make further provision in relation to infringement notices.
572N Regulations
573 Simplified outline
References proceedings under this Act, including actions and offences.
574 Proceedings under this Act
Includes references to proceedings under this Act.
References actions and offences under this Act.
574A Definition
575 Liability of corporations
Evidence that a director, employee or agent engaged in conduct and was acting within their actual or apparent authority.
Establishing state of mind of a corporation in a proceeding under this Act.
575(1) Liability of corporations
Establishing state of mind is an obligation.
Corporation liable for conduct of director, employee or agent within scope of actual or apparent authority.
575(2) Liability of corporations
the conduct is taken, for the purposes of a proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
Corporation has an obligation to prevent conduct of director, employee or agent within scope of actual or apparent authority.
(2) If: (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and (b) the conduct is within the scope of his or her actual or apparent authority;
A person's knowledge, intention, opinion, belief or purpose is included in a reference to the state of mind.
575(3) Liability of corporations
The reference to the state of mind includes the person's knowledge, intention, opinion, belief or purpose.
A person's state of mind includes their knowledge, intention, opinion, belief or purpose.
The reference to the state of mind includes the person's reasons for their intention, opinion, belief or purpose.
A person's reasons for their intention, opinion, belief or purpose are included in the reference to the state of mind.
Reference to a director includes constituent member of a body corporate incorporated for a public purpose.
575(4) Liability of corporations
constituent member of a body corporate incorporated for a public purpose
A reference to engaging in conduct includes a reference to failing or refusing to engage in conduct.
575(5) Liability of corporations
Exemptions from liability for certain offences
576 Liability of persons other than corporations
Telstra undertakings regarding structural separation, hybrid fibre-coaxial networks, and subscription television broadcasting licences.
577 Simplified outline
577A Acceptance of undertaking about structural separation
Telstra's undertaking regarding structural separation
577A(1) Acceptance of undertaking about structural separation
Obligation to refrain from exercising control
(i) Telstra will not supply fixed-line carriage services...
(ii) Telstra will not be in a position to exercise control...
Matters related to transparency and equivalence must be addressed during the specified period.
577A(2) Acceptance of undertaking about structural separation
The period starts from the commencement of the undertaking.
(c) beginning when the undertaking comes into force; and (d) ending at the start of the designated day;
The matter involves transparency and equivalence.
(2) For the purposes of paragraph (1)(b)
Telstra has an obligation to address transparency and equivalence matters.
The matter affects Telstra's wholesale customers and retail business units.
(a) Telstra’s wholesale customers; and (b) Telstra’s retail business units;
The matter must be addressed during the specified period.
577AA Acceptance of undertaking about structural separation may
Decision to accept undertaking must be expressed within a specified period after acceptance.
577AA(1) Acceptance of undertaking about structural separation may
The ACCC decides to accept the undertaking.
(d) The ACCC decides to accept the undertaking;
Must not specify an event by reference to the timing of the event.
577AA(2) Acceptance of undertaking about structural separation may
Minister may specify events for purposes of subsection (1)(c)(ix)
577AA(3) Acceptance of undertaking about structural separation may
Specifies period for ACCC's undertaking under subsection (1)
577AA(4) Acceptance of undertaking about structural separation may
Minister may specify a period for notification requirement
577AA(5) Acceptance of undertaking about structural separation may
Notify ACCC of event occurrence within specified period after decision to accept undertaking is subject to occurrence of events.
577AA(6) Acceptance of undertaking about structural separation may
Decision to accept undertaking is subject to occurrence of events
Exemption from subsection (6) for certain events
577AA(6A) Acceptance of undertaking about structural separation may
Conditional acceptance of undertaking about structural separation may
577AA(7) Acceptance of undertaking about structural separation may
Conditions under which an undertaking under section 577A comes into force.
577AB When undertaking about structural separation comes into
Specifies temporal intervals for event occurrence
577AC Publication requirements for undertaking about structural
Publish undertaking and decision terms on website upon acceptance
577AC(1) Publication requirements for undertaking about structural
Publishing undertaking and decision terms is an obligation
Decision to accept an undertaking under section 577A is not subject to specified conditions.
577AC(2) Publication requirements for undertaking about structural
Temporal interval starts from the point of decision-making.
Defines the temporal interval for the undertaking.
(2) If a decision to accept an undertaking under section 577A is not expressed to be subject to one or more specified conditions.
Cognitive process involves decision-making and evaluation of conditions.
Defines the cognitive process involved in the undertaking.
Undertaking imposes a duty on the decision-maker.
Classifies the undertaking as a decision that must be made.
Decision to accept an undertaking under section 577A is not expressed to be subject to specified conditions.
Scope of the undertaking includes all parties affected by the decision.
Temporal interval ends when the conditions are met.
Designated Telstra successor company must comply with the undertaking.
577AD Compliance with undertaking about structural separation
577B Variation of undertaking about structural separation
Applicability of section to undertakings
577B(1) Variation of undertaking about structural separation
Variation of undertaking about structural separation
577B(2) Variation of undertaking about structural separation
Decision to accept or reject variation of undertaking about structural separation
577B(3) Variation of undertaking about structural separation
Consideration of relevant matters when deciding to accept a variation
577B(4) Variation of undertaking about structural separation
The Minister may set out matters for the purposes of paragraph (4)(a).
577B(5) Variation of undertaking about structural separation
Publish notice and invite submissions before making or varying an instrument.
577B(5A) Variation of undertaking about structural separation
577BA Authorised conduct—subsection 51(1) of the Competition and
Authorises conduct for structural reform of the telecommunications industry.
577BA(1) Authorised conduct—subsection 51(1) of the Competition and
Giving of undertakings before commencement authorised.
577BA(2) Authorised conduct—subsection 51(1) of the Competition and
(2) The giving by Telstra, before the commencement of section 577ACA...
Giving of variation of undertaking or final migration plan by designated Telstra successor company is authorised.
577BA(2A) Authorised conduct—subsection 51(1) of the Competition and
...is authorised for the purposes of subsection 51(1)
Temporal interval for giving variation of undertaking or final migration plan.
(2A) The giving by a designated Telstra successor company...
Knowledge representation of conduct as authorised.
Permission to give variation of undertaking or final migration plan.
Recurring trace for giving variation of undertaking or final migration plan.
Schema validation of conduct as authorised.
Authorisation for entering into contracts with NBN corporations under section 51(1) of the Competition and Consumer Act 2010.
577BA(3) Authorised conduct—subsection 51(1) of the Competition and
Telstra, NBN corporation may enter into contracts with NBN corporations.
Authorises conduct under section 51(1) of the Competition and Consumer Act 2010.
Permits conduct under section 51(1) of the Competition and Consumer Act 2010.
Telstra, NBN corporation contracts with NBN corporations are subject to this provision.
Implies that section 51(1) of the Competition and Consumer Act 2010 applies to Telstra, NBN corporation contracts with NBN corporations.
577BB Migration plan principles
Minister may determine migration plan principles
577BB(1) Migration plan principles
Publish notice on website and invite submissions within 14 days.
577BB(2) Migration plan principles
Minister must publish determination on website.
577BB(3) Migration plan principles
The Minister must publish a copy of the determination on the Department's website.
A determination under subsection (1) is not a legislative instrument.
577BB(4) Migration plan principles
577BC Migration plan
Draft migration plan may be given to ACCC after undertaking comes into force
577BC(1) Migration plan
Specify action for cessation and commencement of fixed-line carriage services
577BC(2) Migration plan
May contain provisions dealing with other matters as specified in a written instrument made by the Minister.
577BC(3) Migration plan
Cannot contain specified matters in a migration plan
577BC(4) Migration plan
Draft or final migration plan must contain provisions dealing with such matters (if any) as are specified in a written instrument made by the Minister.
Draft migration plan cannot be given to ACCC without a determination in force under subsection 577BB(1).
577BC(5) Migration plan
577BD Approval of draft migration plan by the ACCC—plan given
Telstra must give the ACCC a draft migration plan in accordance with an undertaking.
577BD(1) Approval of draft migration plan by the ACCC—plan given
The ACCC must approve the original plan if it complies with migration plan principles.
577BD(2) Approval of draft migration plan by the ACCC—plan given
The ACCC must approve the original plan.
Submissions to the ACCC about the original plan within 28 days
The ACCC must publish a notice on its website before making a decision.
577BD(3) Approval of draft migration plan by the ACCC—plan given
577BE Effect of approval of draft migration plan
577BE(1) Effect of approval of draft migration plan
Plan comes into force after approval notice is given
577BE(2) Effect of approval of draft migration plan
Plan comes into force at start of next day
Plan starts on day after approval notice is given
Plan implementation is implied by approval
Approval notice implies plan implementation
577BF Variation of final migration plan
This section applies if a final migration plan is in force.
577BF(1) Variation of final migration plan
Designated Telstra successor company may give ACCC a variation of the final migration plan.
577BF(2) Variation of final migration plan
Must approve variation if it complies with migration plan principles
577BF(3) Variation of final migration plan
577C Acceptance of undertaking about hybrid fibre-coaxial
Telstra undertakes not to exercise control of a hybrid fibre-coaxial network in Australia.
577C(1) Acceptance of undertaking about hybrid fibre-coaxial
ACCC must consider relevant matters when deciding to accept an undertaking.
577C(1A) Acceptance of undertaking about hybrid fibre-coaxial
The Minister may set out matters by writing.
577C(1B) Acceptance of undertaking about hybrid fibre-coaxial
577C(1C) Acceptance of undertaking about hybrid fibre-coaxial
The period specified in the undertaking must not be longer than 12 months.
577C(2) Acceptance of undertaking about hybrid fibre-coaxial
577CA Acceptance of undertaking about hybrid fibre-coaxial
Decision to accept undertaking must be expressed to occur within specified period after acceptance.
577CA(1) Acceptance of undertaking about hybrid fibre-coaxial
Decision to accept undertaking is an obligation.
Must not specify event timing in nomination
577CA(2) Acceptance of undertaking about hybrid fibre-coaxial
The Minister may specify events for the purposes of subsection (1)(c)(vii).
577CA(3) Acceptance of undertaking about hybrid fibre-coaxial
A period specified by the ACCC under subsection (1) must be 6 months or another period specified in an instrument under subsection (5).
577CA(4) Acceptance of undertaking about hybrid fibre-coaxial
Specify a period for notification requirement
577CA(5) Acceptance of undertaking about hybrid fibre-coaxial
Notify ACCC of event occurrence within specified period if condition is met.
577CA(6) Acceptance of undertaking about hybrid fibre-coaxial
Decision to accept an undertaking is subject to a specified event within a period.
577CA(7) Acceptance of undertaking about hybrid fibre-coaxial
Conditions under which an undertaking comes into force
577CB When undertaking about hybrid fibre-coaxial networks
Describes the conditions under which an undertaking comes into force
577CC Publication requirements for undertaking about hybrid
ACCC must publish undertaking and decision terms on its website upon acceptance.
577CC(1) Publication requirements for undertaking about hybrid
ACCC has an obligation to publish undertaking and decision terms.
Publish undertaking on website within a specified period
577CC(2) Publication requirements for undertaking about hybrid
Must comply with undertaking about hybrid fibre-coaxial networks.
577CD Compliance with undertaking about hybrid fibre-coaxial
577D Variation of undertaking about hybrid fibre-coaxial networks
Variation of undertaking about hybrid fibre-coaxial networks
577D(1) Variation of undertaking about hybrid fibre-coaxial networks
Describes the type of obligation or prohibition
Section applies if an undertaking is in force
577D(2) Variation of undertaking about hybrid fibre-coaxial networks
Decision on variation of undertaking about hybrid fibre-coaxial networks
577D(3) Variation of undertaking about hybrid fibre-coaxial networks
ACCC must consider relevant matters when deciding to accept a variation in hybrid fibre-coaxial networks.
577D(3A) Variation of undertaking about hybrid fibre-coaxial networks
...considering such other matters as the ACCC considers relevant.
Temporal interval for consideration of matters
The Minister may set out matters for the purposes of paragraph (3A)(a)
577D(3B) Variation of undertaking about hybrid fibre-coaxial networks
Submissions to the Minister within 14 days after publication of the notice.
Minister must publish notice and consider submissions before making or varying an instrument.
577D(3C) Variation of undertaking about hybrid fibre-coaxial networks
Minister has a duty to publish notice and consider submissions.
Variation of undertaking about hybrid fibre-coaxial networks takes effect when accepted by the ACCC.
577D(4) Variation of undertaking about hybrid fibre-coaxial networks
The variation's duration starts from its acceptance.
Variation's duration depends on acceptance timeline.
(4) The variation takes effect when it is accepted by the ACCC.
The variation's effectiveness depends on acceptance.
Acceptance of variation is required for its effectivity.
The variation takes effect when it is accepted by the ACCC.
The variation obliges with acceptance compliance.
Variation's obligation depends on acceptance compliance.
The variation propagates with acceptance dissemination.
Variation's propagation depends on acceptance dissemination.
The variation recurs with ongoing acceptance.
Variation's recurrence depends on ongoing acceptance.
Publish variation on website after effect of variation takes place
577D(5) Variation of undertaking about hybrid fibre-coaxial networks
Minister must publish instrument on website
577D(6) Variation of undertaking about hybrid fibre-coaxial networks
An instrument under subsection (3B) is not a legislative instrument.
577D(7) Variation of undertaking about hybrid fibre-coaxial networks
577E Acceptance of undertaking about subscription television
Telstra must not exercise control of a subscription television broadcasting licence.
577E(1) Acceptance of undertaking about subscription television
577E(1A) Acceptance of undertaking about subscription television
The Minister may set out matters for the purposes of paragraph (1A)(a).
577E(1B) Acceptance of undertaking about subscription television
Publish notice on website and consider submissions within 14 days.
577E(1C) Acceptance of undertaking about subscription television
577E(2) Acceptance of undertaking about subscription television
577E(3) Acceptance of undertaking about subscription television
Cannot withdraw undertaking after acceptance by ACCC
577E(4) Acceptance of undertaking about subscription television
ACCC may perform functions and exercise powers in accordance with the undertaking.
577E(5) Acceptance of undertaking about subscription television
ACCC may perform functions and exercise powers.
Determines control of subscription television broadcasting licence under Schedule 1 to the Broadcasting Services Act 1992.
577E(6) Acceptance of undertaking about subscription television
Publish a copy of an instrument on the Department's website.
577E(7) Acceptance of undertaking about subscription television
An instrument under subsection (1B) is not a legislative instrument.
577E(8) Acceptance of undertaking about subscription television
Broadcasting licences may be subject to the occurrence of events nominated by Telstra.
577EA Acceptance of undertaking about subscription television
Licence is subject to occurrence of events
Condition for undertaking under section 577E to come into force
577EB When undertaking about subscription television
Describes the temporal relationship between events
577EC Publication requirements for undertaking about
ACCC must publish notice when undertaking comes into force
577EC(1) Publication requirements for undertaking about
Temporal overlap between decision and publication
(1) If a decision to accept an undertaking under section 577E is expressed to be subject to the occurrence of one or more specified events within a specified period, the ACCC must:
(b) as soon as practicable after the ACCC becomes aware that the undertaking has come into force, publish on its website a notice announcing that the undertaking has come into force.
(a) as soon as practicable after making the decision, publish on its website:
Publish undertaking on website after accepting
577EC(2) Publication requirements for undertaking about
Publish within a specified period after accepting
(2) If a decision to accept an undertaking under section 577E is not expressed to be subject to the occurrence of one or more specified events within a specified period, the ACCC must...
practicable after accepting the undertaking, publish the undertaking on its website.
Must comply with undertaking about subscription television
577ED Compliance with undertaking about subscription television
577F Variation of undertaking about subscription television
Variation of undertaking about subscription television
577F(1) Variation of undertaking about subscription television
577F(2) Variation of undertaking about subscription television
Decision on variation of subscription television undertaking
577F(3) Variation of undertaking about subscription television
ACCC must consider certain matters when deciding to accept a variation in subscription television.
577F(3A) Variation of undertaking about subscription television
577F(3B) Variation of undertaking about subscription television
577F(3C) Variation of undertaking about subscription television
577FA Enforcement of undertakings in force under section 577A
Enforcement of undertakings in force under section 577A
577FA(1) Enforcement of undertakings in force under section 577A
ACCC may apply to Federal Court for an order
Undertaking is in force under section 577A
ACCC considers that a designated Telstra successor company has breached the undertaking
Restraining exercise of rights attached to shares
577FA(2) Enforcement of undertakings in force under section 577A
The designated Telstra successor company must not exercise its rights.
(2) If the Federal Court is satisfied...
The designated Telstra successor company must not dispose of assets.
(b) an order directing the disposal of network units, shares or other assets;
The designated Telstra successor company must not pay sums.
(d) an order prohibiting or deferring the payment of any sums due to a person...
577G Enforcement of undertakings in force under section 577C or
Enforcement of undertakings in force under section 577C or 577E
577G(1) Enforcement of undertakings in force under section 577C or
ACCC may apply to Federal Court for an order under subsection (2)
Temporal relationship between ACCC's consideration and application to Federal Court
ACCC considers Telstra has breached the undertaking
Conditional enforcement of obligation based on ACCC's consideration
Telstra gives undertaking under section 577C or 577E
Enforcement of obligation as a requirement
Potential impact of ACCC's enforcement on Telstra and other parties
Prohibition on Telstra's breach of undertaking
577G(2) Enforcement of undertakings in force under section 577C or
The Court may make any or all of the following orders...
Prohibits Telstra from breaching the undertaking
(2) If the Federal Court is satisfied that Telstra has breached the undertaking...
Prohibits exercise of rights attached to shares
(c) an order restraining the exercise of any rights attached to shares...
Prohibits payment of sums due to a person in respect of shares held by Telstra
(e) an order that any exercise of rights attached to shares be disregarded...
Prohibits Telstra from compensating other persons for loss or damage
(g) any order that the Court considers appropriate directing Telstra to compensate any other person...
Court power to direct compliance with orders under section 577C
577G(3) Enforcement of undertakings in force under section 577C or
Notice of application must be given to certain persons or published in a certain manner.
577G(4) Enforcement of undertakings in force under section 577C or
Federal Court may rescind, vary or discharge an order made under section 577C.
577G(5) Enforcement of undertakings in force under section 577C or
Prohibits Federal Court from making orders under section 577C.
577GA Excluded spectrum regime
The Minister may determine that the excluded spectrum regime applies to Telstra.
577GA(1) Excluded spectrum regime
Determinations under subsection (1) have effect for the purposes of this Division and Part 10 of Schedule 1.
577GA(2) Excluded spectrum regime
577H Designated part of the spectrum
Defines designated parts of the spectrum
577H(1) Designated part of the spectrum
577H(2) Designated part of the spectrum
Minister may determine part of spectrum not designated
577H(3) Designated part of the spectrum
The Minister may determine a part of the spectrum is designated.
577H(4) Designated part of the spectrum
577J Limits on allocation of certain spectrum licences to Telstra
ACMA must not allocate a spectrum licence to Telstra if the licence relates to a designated part of the spectrum.
577J(1) Limits on allocation of certain spectrum licences to Telstra
Exemptions from limits on allocation of spectrum licences to Telstra based on undertakings and declarations.
577J(2) Limits on allocation of certain spectrum licences to Telstra
Limits on allocation of certain spectrum licences to Telstra
577J(2A) Limits on allocation of certain spectrum licences to Telstra
Telstra must give the ACCC a draft migration plan
The undertaking requires Telstra to give the ACCC a draft migration plan
Telstra must have given the ACCC a draft migration plan
Must have given the ACCC a draft migration plan
In accordance with the undertaking, Telstra has given the ACCC a draft migration plan
The ACCC must approve the draft migration plan
The ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC
The undertaking must not require Telstra to give the ACCC a draft migration plan
Must not require Telstra to give the ACCC a draft migration plan
The undertaking does not require Telstra to give the ACCC a draft migration plan
Telstra exempt from undertaking under section 577C
577J(3) Limits on allocation of certain spectrum licences to Telstra
Telstra is exempt from the requirement to have an undertaking under section 577C.
Conditional exemption based on declaration
Exemption propagation through declaration
The Minister must make a declaration only if the ACCC has accepted an undertaking given by Telstra.
577J(4) Limits on allocation of certain spectrum licences to Telstra
577K Limits on use of certain spectrum licences by Telstra
Telstra cannot authorise operation of radiocommunications devices under the licence.
577K(1) Limits on use of certain spectrum licences by Telstra
The excluded spectrum regime overlaps with the spectrum licence.
Overlaps with the excluded spectrum regime.
(b) a spectrum licence relates to a designated part of the spectrum;
The CogAI system recognises the applicability of the excluded spectrum regime.
Recognises the applicability of the excluded spectrum regime.
(a) the excluded spectrum regime applies to Telstra; and (b) a spectrum licence relates to a designated part of the spectrum;
the licensee of the spectrum licence must not authorise Telstra to operate radiocommunications devices under the licence.
Prohibits Telstra from operating radiocommunications devices.
The prohibition is diffused to all relevant parties.
The licensee of the spectrum licence must not authorise Telstra to operate radiocommunications devices under the licence until the excluded spectrum regime is no longer applicable.
Applies until the excluded spectrum regime is no longer applicable.
Exemption from rule for Telstra undertakings
577K(2) Limits on use of certain spectrum licences by Telstra
Exempts from rule for Telstra undertakings
Telstra undertaking in force under section 577A
577L Limits on assignment of certain spectrum licences to Telstra
Telstra cannot assign or deal with a spectrum licence in certain circumstances.
577L(1) Limits on assignment of certain spectrum licences to Telstra
...the licensee of the spectrum licence must not assign the whole or a part of the licence to Telstra.
Assignment is restricted during certain periods
(a) the excluded spectrum regime applies to Telstra;
Assignment is restricted by certain agents
Prohibition of assignment or dealing with a spectrum licence
(1) If the excluded spectrum regime applies to Telstra...
Assignment is restricted through certain channels
Assignment is restricted until certain conditions are met
Exemptions from assignment limits for Telstra undertakings
577L(2) Limits on assignment of certain spectrum licences to Telstra
Classifies legal provisions as obligations, prohibitions, etc.
Defines scope of section 577A undertaking
577L(2A) Limits on assignment of certain spectrum licences to Telstra
Associate definition for control of telecommunications network, company, or trust
577M Associate
577N Control
577P Control of a company
Determines control of a company under Schedule 1 to the Broadcasting Services Act 1992.
577P(1) Control of a company
Schedule 1 to the Broadcasting Services Act 1992
Definition of associate in section 577M applies instead.
577P(2) Control of a company
Designated Telstra successor company must legally or beneficially own the network.
577Q When Telstra or a designated Telstra successor company is in
The network is owned by the designated Telstra successor company for a certain period of time
The network must be owned by the designated Telstra successor company at some point in time
The network must be owned by the designated Telstra successor company
The designated Telstra successor company has an obligation to own the network
The designated Telstra successor company has a duty to own the network
The network is owned by the designated Telstra successor company for a certain duration
The network must be owned by the designated Telstra successor company at all points in time within a certain period
ACMA must regard certain international obligations when performing its telecommunications functions.
579 Simplified outline
Obligation to regard international obligations
580 ACMA must have regard to conventions
ACMA must consider Australia's obligations under conventions.
580(1) ACMA must have regard to conventions
ACMA must consider conventions when making decisions.
580(2) ACMA must have regard to conventions
Consideration of conventions occurs before decision-making.
Temporal relationship between consideration and decision-making.
ACMA must have regard to conventions when making decisions.
Conventions are agreements or arrangements.
Classification of conventions as a type of convention.
Convention means an agreement or arrangement between Australia and a foreign country.
Conventions are conventions to which Australia is a party.
Convention means a convention to which Australia is a party.
581 Power to give directions to carriers and service providers
ACMA may give written directions to carriers and service providers.
581(1) Power to give directions to carriers and service providers
ACMA's power is not limited by other provisions of the law.
581(2) Power to give directions to carriers and service providers
The eSafety Commissioner may give written directions to carriers and service providers.
581(2A) Power to give directions to carriers and service providers
Indicates the timing of the Commissioner's actions.
(2A) The eSafety Commissioner may give written directions to: (a) a carrier; or (b) a service provider;
Suggests that the Commissioner's actions are justified.
Suggests that the Commissioner has the ability to perform actions.
Indicates the potential impact of the Commissioner's actions.
The eSafety Commissioner has power to give directions to carriers and service providers.
581(2B) Power to give directions to carriers and service providers
The power to give directions applies during the performance of functions or exercise of powers.
(2B) This section is not limited by any other provision of a law that:
The eSafety Commissioner has the power to give directions.
The eSafety Commissioner has an obligation to give directions.
The eSafety Commissioner has permission to give directions.
Must comply with direction given by the authority.
581(4) Power to give directions to carriers and service providers
581(4A) Power to give directions to carriers and service providers
Notify ACMA of transfer of telecommunications business, assets, or proposed transfers
581A Simplified outline of this Part
Achieve regulatory equivalence between Telstra and its successors.
581B Object of this Part
581C Company
581D Telecommunications law
Defines prescribed telecommunications law as the Telstra Corporation Act 1991.
581E Prescribed telecommunications law
581F Telstra successor company
Defines Telstra successor company for prescribed telecommunications laws.
581F(1) Telstra successor company
States the definition of Telstra successor company
Applies description logic to define Telstra successor company
581F(2) Telstra successor company
Declaration of Telstra successor company
581F(3) Telstra successor company
Minister may declare a company a Telstra successor company.
581F(4) Telstra successor company
581F(5) Telstra successor company
581G Designated Telstra successor company
Designated Telstra successor company defined
581G(1) Designated Telstra successor company
Designated Telstra successor company means a demerged Telstra company.
581G(2) Designated Telstra successor company
Minister may declare a company as designated Telstra successor company.
581G(3) Designated Telstra successor company
Declaration of a company as a designated Telstra successor company.
581G(4) Designated Telstra successor company
581G(5) Designated Telstra successor company
581H Declarations—criteria
Criteria for specifying a company in a declaration
581H(1) Declarations—criteria
Cannot specify a company in a declaration unless it meets certain criteria.
581H(2) Declarations—criteria
...unless the company meets certain criteria.
Company must meet criteria during declaration period.
Cannot specify a company in a declaration.
The Minister must have regard to certain matters when making a declaration.
581H(4) Declarations—criteria
The declaration is related to specific temporal intervals.
(c) whether a Telstra successor company or a designated Telstra successor company has transferred the whole or a part of a telecommunications business...
The Minister has an obligation to consider certain matters.
(4) or (5), the Minister must have regard to...
The Minister must consider certain matters when making a declaration.
(d) whether a Telstra successor company or a designated Telstra successor company has transferred a telecommunications asset...
The Minister may consider other matters when making a declaration.
(e) such other matters (if any) as the Minister considers relevant.
The Minister must consider the compliance burden when making a declaration.
(b) the compliance burden (if any) that would result for the relevant company...
581J Demerged Telstra company
581K ACMA to maintain register of Telstra successor companies
Maintain a Register of Telstra successor companies
581K(1) ACMA to maintain register of Telstra successor companies
The ACMA includes the name and ACN of that company in the Register
Each company is a Telstra successor company for the purposes of each prescribed telecommunications law because of subsection 581F(1)
The ACMA includes the name and ACN of that company, and the details of the declaration, in the Register
Each company is a Telstra successor company for the purposes of each prescribed telecommunications law because of subsection 581F(3)
Each company is a Telstra successor company for the purposes of one or more prescribed telecommunications laws because of subsection 581F(4)
Each company is covered by a declaration under subsection 581F(6), (7) or (8)
Each company is a designated Telstra successor company for the purposes of each telecommunications law because of subsection 581G(1)
Each company is a designated Telstra successor company for the purposes of each telecommunications law because of subsection 581G(3)
The Register is to be maintained by electronic means.
581K(2) ACMA to maintain register of Telstra successor companies
The ACMA must make the Register available for inspection on its website.
581K(3) ACMA to maintain register of Telstra successor companies
Obligation to make the Register available
The Register is not a legislative instrument.
581K(4) ACMA to maintain register of Telstra successor companies
581L Telecommunications business
581L(1) Telecommunications business
The Minister may declare a business as a telecommunications business.
581L(2) Telecommunications business
The Minister may declare a business not a telecommunications business.
581L(3) Telecommunications business
581M Notification of transfer of telecommunications business
Notify ACMA in writing of transfer within 5 business days
581M(1) Notification of transfer of telecommunications business
The company must notify ACMA in writing of the transfer.
The Minister may declare a specified transfer exempt from subsection (1)
581M(2) Notification of transfer of telecommunications business
The Minister may declare a telecommunications business exempt from subsection (1).
581M(3) Notification of transfer of telecommunications business
Minister may declare conditions for transfer of telecommunications business
581M(4) Notification of transfer of telecommunications business
The Minister may declare subsection (1) is active.
581M(5) Notification of transfer of telecommunications business
581M(6) Notification of transfer of telecommunications business
(6) Subsection (1) is a civil penalty provision.
ACMA must notify Minister of telecommunications business transfer
581M(7) Notification of transfer of telecommunications business
581MA Notification of proposed transfer of prescribed business
Company must notify ACMA of proposed transfer at least 30 days before the transfer date.
581MA(1) Notification of proposed transfer of prescribed business
581MA(2) Notification of proposed transfer of prescribed business
(2) Subsection (1) is a civil penalty provision.
Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
ACMA must notify Minister of proposed business transfer
581MA(3) Notification of proposed transfer of prescribed business
Defines prescribed business for purposes of this section.
581MA(4) Notification of proposed transfer of prescribed business
Establishes class hierarchy for prescribed business
The Minister may declare specified classes of businesses are prescribed for the purpose of subsection (4)
581MA(5) Notification of proposed transfer of prescribed business
581N Telecommunications asset
581N(1) Telecommunications asset
Telecommunications network, facility, asset
The Minister may declare a specified asset as a telecommunications asset.
581N(2) Telecommunications asset
The Minister may declare a specified asset not a telecommunications asset.
581N(3) Telecommunications asset
Notification of transfer of telecommunications asset
581P Notification of transfer of telecommunications asset
581PA Notification of proposed transfer of prescribed asset
Company must notify ACMA of proposed transfer at least 30 days before transfer date.
581PA(1) Notification of proposed transfer of prescribed asset
581PA(2) Notification of proposed transfer of prescribed asset
ACMA must notify Minister of proposed asset transfer
581PA(3) Notification of proposed transfer of prescribed asset
581PA(4) Notification of proposed transfer of prescribed asset
Minister may declare specified classes of assets prescribed for purpose of subsection (4)
581PA(5) Notification of proposed transfer of prescribed asset
The Minister must not specify a class of assets without ensuring they were used by a Telstra successor company in connection with telecommunications law obligations.
581PA(6) Notification of proposed transfer of prescribed asset
...in order to maintain the company’s capability (including the technical, operational or organisational capability) to comply with obligations imposed on the company by or under a telecommunications law.
The Minister must not specify a class of assets unless each asset in the class is, or was, used...
Asset use implication for Minister's decision
The Minister must not specify a class of assets unless each asset in the class is, or was, used by a Telstra successor company...
unless each asset in the class is, or was, used by a Telstra successor company...
The Minister must not specify a class of assets.
...in connection with the fulfillment of any of the obligations imposed on the company by or under a telecommunications law.
The Minister must specify a class of assets.
Transfer of asset requires whole or partial transfer of legal ownership.
581Q Transfer of an asset
Consultation required before making or varying a declaration under this Part (other than)
581R Consultation relating to declarations
581TA Facilitation of compliance with a direction given by the
ACMA may give another designated Telstra successor company or a written direction to take specified action if the first designated Telstra successor company fails to comply with a direction.
581TA(1) Facilitation of compliance with a direction given by the
The ACMA must give a direction to a body corporate only if certain conditions are met.
581TA(2) Facilitation of compliance with a direction given by the
Body corporate must comply with direction under subsection (1)
581TA(3) Facilitation of compliance with a direction given by the
581TA(4) Facilitation of compliance with a direction given by the
ACMA must consult ACCC before giving or varying a direction.
581TA(5) Facilitation of compliance with a direction given by the
Publish notice on website and make draft direction available for comments.
581TA(6) Facilitation of compliance with a direction given by the
The period specified in the notice must run for at least 30 days after publication.
581TA(7) Facilitation of compliance with a direction given by the
The period must run for at least 30 days
Obligation to comply with the notice period
ACMA must have due regard to comments when giving or varying a direction.
581TA(8) Facilitation of compliance with a direction given by the
ACMA has an obligation to consider comments.
581TB Facilitation of obligations imposed on a named designated
Minister may give another designated Telstra successor company or a written direction to take specified action if the first designated Telstra successor company fails to fulfill its obligation.
581TB(1) Facilitation of obligations imposed on a named designated
Implies a possible action that can be taken.
Minister must give direction to body corporate under subsection (1) unless certain conditions are met.
581TB(2) Facilitation of obligations imposed on a named designated
Minister must give direction unless conditions are met
Body corporate must comply with a direction under subsection (1).
581TB(3) Facilitation of obligations imposed on a named designated
581TB(4) Facilitation of obligations imposed on a named designated
written comments from interested persons
Minister must make draft direction or variation available and publish notice on website before giving or varying direction.
581TB(5) Facilitation of obligations imposed on a named designated
Minister must take action before giving or varying direction
581TB(6) Facilitation of obligations imposed on a named designated
The period specified in the notice contains a temporal interval of at least 30 days.
(6) Subject to subsection (7), the period specified in the notice must run for at least 30 days after the publication of the notice.
The cognitive AI analysis contains a temporal interval of at least 30 days.
The period specified in the notice must run for at least 30 days after the publication of the notice.
The obligation is diffused over a temporal interval of at least 30 days.
The temporal trace contains a recurring interval of at least 30 days.
The period specified in the notice may be shorter than 30 days if necessary due to urgent circumstances.
581TB(7) Facilitation of obligations imposed on a named designated
581TB(8) Facilitation of obligations imposed on a named designated
Minister must have due regard to those comments.
Comments from interested persons have been given.
Minister may vary direction if necessary.
Minister has permission to vary direction.
Minister must have due regard to comments from interested persons.
Minister must give or vary the direction.
Minister has an obligation to give or vary the direction.
Comments from interested persons have given in accordance with a notice under subsection (5).
Comments from interested persons are related to the Minister's obligations.
Comments from interested persons have been given in accordance with a notice under subsection (5).
Minister undertakes to have due regard to those comments.
Minister undertakes to have due regard to comments.
581U Transitional—references in legislation to Telstra Infraco
Applicable if name of Telstra Corporation Limited had not been changed to Telstra Infraco Limited at commencement.
581U(1) Transitional—references in legislation to Telstra Infraco
name of Telstra Corporation Limited had not been changed to Telstra Infraco Limited at commencement.
Reference Telstra Infraco to Telstra Corporation Limited until name change.
581U(2) Transitional—references in legislation to Telstra Infraco
Use reference to Telstra Corporation Limited.
Reference implies obligation to use old name.
Company must provide carriers with access to facilities and telecommunications transmission towers.
581V Simplified outline of this Part
Must provide carriers with access to facilities and telecommunications transmission towers.
Company has access to facilities for carrier use.
581W Carrier company group
581W(1) Carrier company group
Determines relationship between corporate bodies
581W(2) Carrier company group
Establishes a duty to determine relationship
Minister may determine percentage for references in section 46 of the Corporations Act 2001
581W(3) Carrier company group
Assume a reduced reference percentage if no determination is in force.
581W(4) Carrier company group
Check if the actual percentage falls within this range.
Determine if the reference period is within the assumed range.
The reference period is between 0 and 100%.
Infer the implications of the reduced reference percentage.
The reduced percentage has significant implications.
Refer to section 46 of the Corporations Act 2001 with a 15% reference.
Use the reduced percentage for all subsequent references.
Spread the reduced reference percentage throughout the section.
The reduced percentage applies to all references in section 46.
Verify if the actual percentage meets this condition.
Establish an ordered relationship between the assumed and actual percentages.
The assumed percentage is less than or equal to the actual percentage.
581X Eligible company
Eligible company is in a carrier company group
Eligible company is not a carrier company group
581XA Deemed bodies corporate
The Minister may determine that a specified person is related to one or more bodies corporate.
581XA(1) Deemed bodies corporate
The facility or transmission tower is within the meaning of Division 3
(ii) a facility; or (iii) a telecommunications transmission tower (within the meaning of Division 3);
The Minister may determine that the person is related to one or more bodies corporate if certain conditions are met
(a) a specified person is an individual or a partnership; and (b) the person owns or operates...
The Minister may determine that the person is related to one or more bodies corporate
The Minister may determine that a person is a body corporate for certain conditions.
581XA(2) Deemed bodies corporate
...a telecommunications transmission tower (within the meaning of Division 3);
(2) The Minister may, by legislative instrument, determine that...
...the person (in the capacity of trustee of the trust) owns or operates:
The Minister may determine that a trust is a body corporate under certain conditions.
581XA(3) Deemed bodies corporate
A telecommunications transmission tower within this interval
(ii) a facility; or (iii) a telecommunications transmission tower
581Y Access to supplementary facilities
Eligible company must provide access to facilities upon request.
581Y(1) Access to supplementary facilities
581Y(2) Access to supplementary facilities
Prohibits breaches of civil penalty provisions
Reasonable notice and justification for non-compliance
Eligible company must comply with carrier's request for access to facilities.
581Y(3) Access to supplementary facilities
Notice is reasonable if it meets the definition
Exemptions from obligations under subsection (1)
581Y(4) Access to supplementary facilities
If a condition precedent could become satisfied, the contingent provisions would come into force and the person would have a right under the contract.
581Y(5) Access to supplementary facilities
The person would have a right under the contract.
Temporal relationship between conditions and obligations
If the condition precedent could become satisfied, then the contingent provisions would come into force.
Implication between conditions and obligations
Disjunction between conditions and obligations
Biconditional between conditions and obligations
Determine reasonableness of carrier's request based on long-term interests of end-users or services supplied by means of carriage services.
581Y(6) Access to supplementary facilities
Request is reasonable if it promotes long-term interests in the future
Temporal relation between carrier's request and promotion of long-term interests
Compliance with request will promote long-term interests of end-users or services supplied by means of carriage services.
Request is reasonable if it promotes long-term interests in a knowledge-representable manner
Knowledge representation of carrier's request and promotion of long-term interests
Compliance with request promotes long-term interests of end-users or services supplied by means of carriage services.
Request is reasonable if it promotes long-term interests
Classification of carrier's request as reasonable or unreasonable
Question whether compliance with request promotes long-term interests of end-users or services supplied by means of carriage services.
Request is reasonable if it promotes long-term interests in a recurring manner
Recurring trace of carrier's requests and promotion of long-term interests
Request is reasonable if it conforms to the schema
Schema validation of carrier's request and promotion of long-term interests
Limitation on matters to which regard may be had
581Y(7) Access to supplementary facilities
Conditional provision for access to supplementary facilities
581Y(8) Access to supplementary facilities
581Z Terms and conditions of access
Eligible company must comply with subsection 581Y(1) on agreed terms and conditions.
581Z(1) Terms and conditions of access
Regulations may make provision for the conduct of an arbitration.
581Z(2) Terms and conditions of access
581Z(3) Terms and conditions of access
581Z(4) Terms and conditions of access
Arbitration determination cannot be inconsistent with Ministerial pricing determination
581Z(5) Terms and conditions of access
...be inconsistent with a Ministerial pricing determination in force under section 581ZA.
Temporal overlap between arbitration and Ministerial pricing determination
(5) A determination made in an arbitration under this section must not...
Ministerial pricing determination is prohibited from being overridden
Arbitration determination implies diffusion of Ministerial pricing determination
Arbitration determination implies Ministerial pricing determination
Prevent arbitrators from making determinations that harm Telstra successors or final migration plans.
581Z(6) Terms and conditions of access
Determination would have the effect of...
Arbitrator must not make a determination
Agreement takes precedence over legislative determination
581Z(7) Terms and conditions of access
Agreement supersedes legislative determination
581ZA Ministerial pricing determinations
Minister may make a determination on price-related terms and conditions.
581ZA(1) Ministerial pricing determinations
581ZA(2) Ministerial pricing determinations
581ZB Definitions
Defines telecommunications transmission tower
581ZB(1) Definitions
The tower, pole, mast or structure must be used to supply a carriage service by means of radiocommunications for at least one year
(1) For the purposes of this Division, telecommunications transmission tower means a tower, pole, mast or similar structure...
telecommunications transmission tower is a tower, pole, mast or similar structure
telecommunications transmission tower is a structure that supplies a carriage service by means of radiocommunications
telecommunications transmission tower is in a class specified in a determination under subsection (2)
telecommunications transmission tower is not covered by a determination under subsection (3)
The carriage service must be supplied by a carrier or carriage service provider for at least one year
Minister may make a determination specifying classes of towers or structures used to supply carriage service by means of radiocommunications.
581ZB(2) Definitions
Minister may make a determination declaring a structure is not a telecommunications transmission tower.
581ZB(3) Definitions
Giving access to a tower includes replacing it with another tower on the same site.
581ZC Extended meaning of access
581ZD Access to telecommunications transmission towers
Eligible company must provide access to telecommunications transmission tower upon request.
581ZD(1) Access to telecommunications transmission towers
581ZD(2) Access to telecommunications transmission towers
Carrier must give notice before requiring access from eligible company.
581ZD(3) Access to telecommunications transmission towers
Eligible company is not required to comply unless...
Exemption from compliance with subsection (1) based on ACCC certificate
581ZD(4) Access to telecommunications transmission towers
The ACCC must consider certain factors when determining technical feasibility of compliance with subsection (1) in relation to a tower.
581ZD(5) Access to telecommunications transmission towers
Consideration of specific matters is relevant.
Consultation with ACMA before issuing a certificate
581ZD(6) Access to telecommunications transmission towers
Temporal relationship between consultation and certificate issuance
Must make decision within 10 business days after request.
581ZD(7) Access to telecommunications transmission towers
Obligation to make decision within time frame.
Exemptions from obligation under subsection (1)
581ZD(8) Access to telecommunications transmission towers
Requester must provide information about contingent provisions of a contract that have not come into force.
581ZD(9) Access to telecommunications transmission towers
581ZE Terms and conditions of access
Eligible company must comply with terms and conditions for access to telecommunications transmission towers.
581ZE(1) Terms and conditions of access
Complying with terms and conditions is a prerequisite for accessing telecommunications transmission towers.
Eligible company must comply with terms and conditions before accessing telecommunications transmission towers.
Eligible company must access telecommunications transmission towers after complying with terms and conditions.
Compliance with terms and conditions implies access to telecommunications transmission towers.
Eligible company must comply with terms and conditions to access telecommunications transmission towers.
Access to telecommunications transmission towers requires compliance with terms and conditions.
Cognitive AI is a subclass of terms and conditions.
Terms and conditions are related to cognitive AI.
Terms and conditions include agreement between parties.
Eligible company must access telecommunications transmission towers.
Diffusion of information is a subclass of terms and conditions.
Terms and conditions are related to diffusion of information.
581ZE(2) Terms and conditions of access
581ZE(3) Terms and conditions of access
581ZE(4) Terms and conditions of access
Prevent arbitrators from making determinations that would prevent Telstra successors from complying with undertakings.
581ZE(5) Terms and conditions of access
Arbitrator's determination would affect final migration plan
Determination would prevent Telstra successor from complying with undertaking
Agreement supersedes determination under this section to the extent of inconsistency.
581ZE(6) Terms and conditions of access
Agreement and determination overlap in time
Determination and agreement overlap in time
Determination has no effect to the extent it is inconsistent with agreement
Determination does not apply if agreement exists
If agreement exists, then determination does not apply
Determination is inconsistent with agreement
581ZF Code relating to access
ACCC may make a Code setting out conditions for access provision
581ZF(1) Code relating to access
581ZF(2) Code relating to access
581ZF(3) Code relating to access
limit a power conferred by or under this Act
(3) This section does not, by implication
581ZF(4) Code relating to access
Does not limit subsection 33(3B) of the Acts Interpretation Act 1901.
581ZF(5) Code relating to access
(3B) of the Acts Interpretation Act 1901
Division does not limit Division 2 by implication.
581ZG This Division does not limit Division 2
581ZH Review of corporate control percentage
ACCC must conduct a review of corporate control percentage within 6 months after commencement.
581ZH(1) Review of corporate control percentage
The ACCC must prepare a written report and give it to the Minister.
581ZH(2) Review of corporate control percentage
Specify day on which report was given to the Minister
581ZH(3) Review of corporate control percentage
Minister must table report in each House of Parliament within 15 sitting days.
581ZH(4) Review of corporate control percentage
Partnerships treated as persons for certain Acts.
582 Simplified outline
583 Penalties for certain continuing offences
Applicability of section to continuing offences
583(1) Penalties for certain continuing offences
Section applies to specified offence types
583(2) Penalties for certain continuing offences
Defines temporal relation to principal offence
(2) The maximum penalty for each day that the offence continues is...
10% of the maximum penalty that could be imposed in respect of the principal offence.
583(3) Penalties for certain continuing offences
584 Procedure relating to certain continuing offences
Charges can be joined for multiple offences against the same provision if they are founded on the same facts or form a series of similar character.
584(1) Procedure relating to certain continuing offences
Permits joining charges for multiple offences against the same provision.
Court may impose one penalty for multiple convictions
584(2) Procedure relating to certain continuing offences
Provision allows for overlapping penalties
The penalty may exceed the maximum penalties for separate offences
Penalty exceeds maximum penalties for separate offences
If a person is convicted of 2 or more offences, the court may impose one penalty
585 Treatment of partnerships
585(1) Treatment of partnerships
Partner obligations are imposed instead of partnership
Defines civil penalty provisions and includes relevant acts.
585(2) Treatment of partnerships
586 Giving of documents to partnerships
Document given to partner is taken to have been given to partnership.
586(1) Giving of documents to partnerships
Includes specified Acts and regulations under those Acts.
586(2) Giving of documents to partnerships
Specifies the Acts and regulations to be included.
Classifies the included Acts and regulations.
A person may nominate an address for service of documents.
587 Nomination of address for service of documents
588 Service of summons or process on foreign corporations—
Service of summons or process on foreign corporations—
588(1) Service of summons or process on foreign corporations—
Between an agent in Australia and a body corporate
(c) the body corporate has an agent in Australia
(1) This section applies to a summons or process in any criminal proceedings under this Act
Requires a registered office or principal office in Australia
(b) the body corporate does not have a registered office or a principal office in Australia
Requires service of summons or process on a body corporate incorporated outside Australia
(a) the summons or process is required to be served on a body corporate incorporated outside Australia
588(2) Service of summons or process on foreign corporations—
Obligation to serve summons or process on agent
Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
588(3) Service of summons or process on foreign corporations—
This subsection occurs during the service of documents.
Describes the temporal relationship between this subsection and section 28A.
Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.
Section 28A has effect in addition to this subsection.
This subsection is related to section 28A.
Imposes an obligation on this subsection in addition to section 28A.
This subsection is related to documents.
Imposes an obligation on this subsection.
Defines criminal proceeding and includes related Acts.
588(4) Service of summons or process on foreign corporations—
589 Instruments under this Act may provide for matters by
An instrument under this Act may make provision in relation to a matter by applying, adopting or incorporating provisions of any Act.
589(1) Instruments under this Act may provide for matters by
The instrument may make provision in relation to a matter.
An instrument under this Act may make provision in relation to a matter by applying, adopting or incorporating matter contained in any other instrument or writing.
589(2) Instruments under this Act may provide for matters by
References to other instruments or writings are included.
589(3) Instruments under this Act may provide for matters by
Explicit class/type/subclass hierarchies
590 Arbitration—acquisition of property
This section applies to a provision of this Act that authorises the conduct of an arbitration.
590(1) Arbitration—acquisition of property
The section applies to a provision of the Act.
Acquisition of property is prohibited if not on just terms and would be invalid due to constitutional grounds.
590(2) Arbitration—acquisition of property
Overlaps with acquisitions not on just terms and invalid due to constitutional grounds.
(2) The provision has no effect to the extent (if any) to which it purports to authorise the acquisition of property if that acquisition:
Prohibits acquisition of property under certain conditions.
Definition of acquisition of property and just terms.
590(3) Arbitration—acquisition of property
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
591 Compensation—constitutional safety net
Commonwealth liable for compensation if acquisition is invalid due to constitutional grounds.
591(1) Compensation—constitutional safety net
...the Commonwealth is liable to pay compensation...
(a) apart from this section, the operation of this Act would result in the acquisition of property...
Permission for Commonwealth to pay compensation
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
Court determines reasonable compensation amount
591(2) Compensation—constitutional safety net
The Commonwealth must pay reasonable compensation.
Defines terms for acquisition of property and inclusion in the Act.
591(3) Compensation—constitutional safety net
592 Act not to affect performance of State or Territory functions
No power under the Act can prevent exercise of State or Territory functions.
592(1) Act not to affect performance of State or Territory functions
Act not to affect performance of State or Territory functions
592(2) Act not to affect performance of State or Territory functions
the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act
the Spam Act 2003 and regulations under that Act
the Do Not Call Register Act 2006 and regulations under that Act
593 Funding of consumer representation, and of research, in
The Minister may make a grant of financial assistance to a consumer body.
593(1) Funding of consumer representation, and of research, in
Grant of financial assistance for research into telecommunications implications.
593(2) Funding of consumer representation, and of research, in
Written agreement required for financial assistance
593(3) Funding of consumer representation, and of research, in
The Minister may enter into an agreement on behalf of the Commonwealth.
593(4) Funding of consumer representation, and of research, in
Report must be prepared by Minister after each financial year.
593(5) Funding of consumer representation, and of research, in
Lay copies of a report before each House of Parliament within 15 sitting days.
593(6) Funding of consumer representation, and of research, in
Obligation to lay copies of a report before each House of Parliament.
Grants under this section are to be paid out of money appropriated by the Parliament for the purposes of this section.
593(7) Funding of consumer representation, and of research, in
Defines consumer body and telecommunications terms.
593(8) Funding of consumer representation, and of research, in
593A Removal of Optus Networks’ tax losses
Applies in relation to Optus Networks Pty Limited
593A(1) Removal of Optus Networks’ tax losses
Cannot deduct loss incurred before 1 February 1992
593A(2) Removal of Optus Networks’ tax losses
594 Regulations
The Governor-General may make regulations.
594(1) Regulations
Penalties for offences against regulations
594(2) Regulations
Limits the scope of penalties to regulation-related matters
(2) The regulations may prescribe penalties, not exceeding 10 penalty units
Inferential reasoning about regulation-related matters and penalties
Spreads the regulation of penalties to related matters
Regulates the amount of penalties prescribed by regulations
Telecommunications Act 1997