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